Fincheckers

financial services ai

TERMS & CONDITIONS OF USE

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.

CONTRACTUAL RELATIONSHIP 

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.

I. DEFINITIONS 

  • An affiliate is anyone or anything that in any way manages, is managed by, or shares management with Us.
  • A client is someone using our Platform seeking financial advisory services. 
  • A Service Agent/Advisor/Expert or Simple intermediaries  is an Individual or Agency or Institution using Our Platform to offer their services to clients (the “Service Provider”)
  •  Service Provider ‘services’ refer to the financial and/or related work offered and performed for the Client/Users  through  FinCheckers Platform (the “Services”). 
  • A means of direct contact is information that would let Service Provider get in touch with you directly (or find the information to do that) so you can bypass Our Platform site. For example, phone numbers, email and physical addresses, social media accounts, and personal websites with contact information are means of direct contact.
  • Content is what You post or send to Service Provider – personal documents, IDs, images, or other information. It includes anything posted or sent by you to the Service Provider through Our Platform. 
  • Platform Services are all services, applications and products – that you can access through this Platform. 

II. SERVICES

“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.  

  • The Services constitute a FinCheckers Platform which provides a) an internet-based  technology platform solution that enables users of FinCheckers’s Website, Mobile Application (each, an “Application”) to (i) chat with independent experts, agents, advisors, (ii) find products and purchase of product from independent experts, agents, advisors, (iii) find services through independent experts agents, advisors. These services may also be rendered through independent “third party providers” under an agreement with FinCheckers; and b) support services to the users of application in relation to among others payment facilitation, sharing the application or experts or products, resolving issues/queries/complaints.
  • FinCheckers reserves the right to offer any of the above mentioned services at discount and /or fee and/or free or on terms as per specific agreement with any individual and/or entity and/or  group of people from time to time as deemed good for the FinCheckers. 
  • The Service Provider is solely liable and responsible for the services offered or otherwise provided by them through the FinCheckers Platform. 
  • The Company does not employ Service Providers, nor are they contractors, agents or partners of the Company. The Service Provider does not have the right to bind or represent the Company. 
  • FinCheckers Platform is solely a facilitator of the abovementioned Services. It is not a contracting agent or representative of any Service Provider and vice-versa. 
  • Unless otherwise agreed to in a separate written agreement with you, FinCheckers makes the services available just for your personal and non-commercial use.

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.

III. PLATFORM PURPOSE

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. 

IV. CLIENT ACKNOWLEDGEMENTS

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.

V. SERVICE PROVIDER ACKNOWLEDGEMENTS

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.

VI. ACCOUNT REGISTRATION, USAGE AND ELIGIBILITY

Registration
  • You may access and use the FinCheckers Platform as (i) a registered user (the “Client”, or “Visitor”) seeking Services ; (ii) a registered user (the “Service Provider”) providing the Services. 
  • Throughout these Terms, “you” or “your” or “Users” refers, as applicable, to the Visitor, Client, and Service Provider or any natural or legal person, specifically in an individual capacity and not as proxy, or representative of any other legal entity, (whether a registered user or otherwise) who accesses the FinChekers Platform, its contents, offers services and uses the offered through the Platform.
  • You are required to register with our  Mobile Application “FinChekers” to use our services as a User or Service Provider. Only registered Users who have fulfilled the registration process and the related  requirements outlined on the Platform are eligible to use the Platform and its Services. To join the Platform, a User must accept these Terms and Conditions and provide “Registration Data” (as specified on the Platform) during the registration process.
  • You can use your mobile number and full name to register on the platform. You must grant the following permissions in order to continue with the registration process: 1. INTERNET, 2. CAMERA, 3. Write/Read EXTERNAL STORAGE, 4. Access location (fine/coarse/background)
  • Also, once registered, you will be required to provide the necessary professional details depending on the category of the user you have selected. The Users who have registered themselves as Service Provider shall provide additional details including but not limited to the educational qualifications, credentials and certifications, experience, and specialization. You represent that all information submitted by you is authentic, accurate, updated and complies with all applicable laws and standards governing the Services you provide in India.  

VII. ELIGIBILITY AND USAGE

Eligibility
  • The FinCheckers Platform can only be accessed and used by individuals who are at least 18 years of age and fully competent to enter into these terms, conditions, obligations, affirmations, representations, and warranties contained herein as per the applicable laws. The FinCheckers Platform is not intended for the use of children/individuals under the age of 18 years.
Usage
  • The platform is designed for self-use and is open to all Indian citizens, irrespective of caste, creed, residence, or disability. However, due to technological limits and regulatory obligations for usage, our platform’s exclusive language is English. Therefore, to understand our platform and its services, users must be conversant with the English language. The usage of our platform by the person with a disability will be considered self-use, and only the assistance sought from Scribe, a translator and technology narrator, will be considered.
  • FinCheckers shall not be responsible for protecting your account login credentials from unauthorized use, and you are responsible for all activity that occurs under those account credentials. FinCheckers shall not be liable for any loss or damage caused to any individual or third party as a result of your failure to safeguard your account login credentials. 
  • You may provide additional information requested by the Service Provider at your sole discretion   FinCheckers shall not be liable to maintain the confidentiality of such information.  
  • You undertake to immediately notify FinCheckers of any unauthorized use of your account or any other breach of security through the Platform at Support@fincheckers.com. 
  • You undertake that you shall neither transfer your account/ User ID to any third party nor resell, or remarket FinCheckers Services to the third party. 
  • FinCheckers shall not be responsible for any loss or damage caused by or expense incurred by you as a result of your failure to safeguard your account credentials. 
  • The FinCheckers reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. As a registered User, in such an event, you may contact our support team at support@fincheckers.com to assist you/resolve the situation.

VIII. CONSENT TO USE DATA

  • You agree that we may, under our Privacy Policy, collect and use your personal data. The Privacy Policy is available at our website & mobile application.  and it explains the categories of personal data that we collect from you or otherwise process about you and the manner in which we process such data.
  • Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data related to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.

IX. PROMOTIONAL COMMUNICATION

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. 

X. CONTENT AND DATA RETENTION

  • The FinCheckers Platform also provides its Users a facility to save their documents like PAN card and Aadhar card that are generally required to avail the services from financial institutions. These documents are saved only in the Users Mobile devices and not in the Company’s database and Server. 
  • The personal data provided by the Users viz – Clients and Service Provider is not retained by the Company in its database server. You acknowledge that “FinCheckers” reserves the right to delete data or to terminate accounts at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. 
  • You are responsible for what you post or send to the Service Provider. You are responsible for how you use our Platform and anything you post on it. If someone makes a claim against us because of anything you put on the Platform, you agree to compensate us for our legal fees and expenses. 
  • When you post content or documents on (or through) our Platform, You agree that you are solely and completely responsible for that content and such documents. 
  • You also agree to only post or give us content/documents that:
  1. you have the right to post
  2. is legal
  3. doesn’t violate anyone’s rights, including intellectual property rights.

XI. SERVICE PLANS AND PRICING

  • FineCheckers reserves the right to reasonably amend the price at any time at its sole discretion. A change in pricing shall not impact any preexisting service plans purchased before the applicability of the revised Fees on the Platform.

XII. PAYMENT AND THIRD PARTY OBLIGATIONS 

  • You may make payments for the availed Services through credit cards, debit cards, net banking, wallets, and UPI and the price that you pay is non-refundable. FinCheckers does not ask for your financial information and shall not be responsible for any financial information provided to the Service Providers or any third-party.
  • We use a third-party payment processing partner/payment services provider (“Payment Processor”), Razorpay to bill you through your selected mode of payment. 
  • You acknowledge and agree that the use of Payment Processors is integral to the Services and that we exchange information with Payment Processors to facilitate the provision of the Services.
  • The processing of payments will be subject to the terms and policies of Payment Processor in addition to these Terms. We shall not be liable for any error on part of the Payment Processor.

XIII. OCCASIONAL INTERRUPTION OF SERVICES

  • The FinCheckers Platform may also become unavailable periodically due to maintenance or malfunction of computer equipment or other reasons. You acknowledge that the FinCheckers Platform is evolving and that the form and nature of the Services may change from time to time without notice to you. 
  • The Company shall not be responsible for any delay, inability or failure to access the FinCheckers Platform due to any cause, including but not limited to acts of God, natural disasters, government orders, labour unrest, malfunction of user hardware or software, interruption in internet service, loss or corruption of data, and unanticipated suspension or cessation of service from any underlying Service Provider.

XIV.  TAXES

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.

XV. OWNERSHIP AND LICENSES

  • The FinChecker Platform, including but not limited to text, User interface, visual interfaces, content, photographs, video, audio, and graphics (the “Intellectual Property”) is the property of the Company and is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. 
  • The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Platform are owned by the Company and respective third parties.
  • You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Site. Nothing contained on the Platform should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use the Company’s Platform or any materials displayed on the Company’s Platform, through the use of framing or otherwise, except as expressly permitted by these Terms and Conditions.
  • The FinCheckers Platform hereby grants you, on the Terms set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Platform solely for non-commercial personal use.
  • In case you are an Service Provider, FinCheckers hereby grants you, on the Terms set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use the platform solely for the provision of the offering prescribed services to the Users.
  • No FinCheckers materials made available to you as part of the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without FinCheckers’ prior written permission. 

XVI. INTELLECTUAL PROPERTY RIGHTS 

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.

XVII. GOOGLE ANALYTICS & OTHER THIRD-PARTY TOOLS 

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.

XVIII. LINKING AND FRAMING

  • We prohibit caching the website and mobile Application, unauthorized hypertext links to this website, and the framing of any materials available through this Platform. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the contents of any other websites linked to this website and mobile Application. 
  • The third-party/partnered Payment Service Provider linked to https://fincheckers.com/ has its own terms and conditions of use and privacy policies. 

XIX. RELATIONSHIP

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.

XX. REPRESENTATION AND WARRANTIES

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.

XXI. INDEMNIFICATION

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.

 

XXII. LIMITED LIABILITY

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.

XXIII. GOVERNING LAW

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.

XXIV. DISPUTE RESOLUTION

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. 

XXV. CONFIDENTIALITY

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.

XXVI. NON-SOLICITATION

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.

XXVII. NOTICE

Except as explicitly stated otherwise, any notices given to the Company shall be given by email to compliance@fincheckers.com

XXVIII. SEVERABILITY

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.

XXIX. NO ASSIGNMENT

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.

XXX. NO WAIVER

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.

XXXI. CONTACT US

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.

CODE OF CONDUCT GUIDELINES

I. SERVICE PROVIDER

  • The Service Provider shall not provide false information regarding their experience, skills, or professional qualifications.
  • The Service Providers shall not use generative AI or other tools to substantially improve their services if such use is restricted by their client or violates any third party’s rights. 
  • The Service Provider shall render the services lawfully, diligently, and professionally without using disrespectful, or abusive language. 
  • The Service Provider shall not provide illegal information to the Client. 
  • The Service Provider shall not, directly or indirectly, solicit, or otherwise engage, with any existing or potential Clients of the Company for without the prior written consent of the Proprietor.
  • The Service Provider shall neither transfer their account/ User ID to any third party nor resell,  or remarket FinCheckers Services to the third party. 
  • The Service Provider shall not cause any delay in providing services to the Clients. They shall also refrain from misleading or giving false assurances to the Client.
  • In case the Service Provider fails to comply with provisions of these terms and conditions they will be barred from rendering services on the FinCheckers Platform upon report from the Client or at the discretion of the Company. 

 

II. CLIENT/USER

  • The User shall use the Platform solely for lawful purposes and comply with all applicable laws and regulations while using the Platform. 
  • The User shall not use, transfer or distribute or dispose of any information contained on the Platform, in any manner that would compete with or be detrimental to the business of the company. 
  • The User shall not attempt to gain unauthorized access to this Platform or any feature thereof, or any other systems or networks or server connected to this Platform, or to any of the services offered on or through the application, by hacking, or any other illegitimate means. The User shall not attempt to infest this Platform with malware and viruses.
  • The User agrees to not alter, damage, or delete any Content or other communications that are not his/her own Content or to otherwise interfere with the ability of others to access Our Platform.
  • The User shall not engage in fraud related to payments by (i) seeking queries with payment terms that are objectively unreasonable or disproportionate to the scope of services requested; (ii) demanding services without the intention of or without actually providing payment in exchange for the services.
  • Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges, including but not limited to charges under applicable laws. FinCheckers may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

III. GENERAL CODE OF CONDUCT FOR BOTH SERVICE PROVIDERS AND USERS/CLIENT

  • The Service Providers and Clients/Users are prohibited from doing the following acts while accessing and using the FinCheckers Platform:
A. Posting unacceptable content

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.

B. Acting in a misleading or fraudulent way
  • You shall not pass off any part of someone else’s  profile picture or profile or identity as their own.
  • You shall not impersonate or falsely attribute statements to any person or entity, including FinCheckers representative. 
  • You shall not falsely claim or imply that they are connected to a person or organization. 
C. Treating others unfairly

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.

D. Other acts that are not allowed 
  • You are not permitted to hold multiple accounts nor are you allowed to  sell, trade or give your account to anyone else without Our permission. 
  • Promotion – You are not allowed to use our Platform to recruit freelancers or clients to join another agency, website or company, unless you pay us a fee to do so.
  • Temper with Technology – You are not allowed to interfere with or temper with our Platform. You are strictly prohibited from: 

(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.