These terms and conditions, together with the documents referred to in them (the “Terms“) govern your access to and use of our online platform www.fundnow.co.in, whether as a guest or a registered user.
Use of our Platform includes:
1. accessing or browsing our Platform;
2. registering to use our Platform;
3. accessing analytics and assessment provided by our Platform; and
4. uploading information about you and your business to our Platform.
Indifi–Terms & Conditions
The following additional terms also apply to your use of our Platform:
In the case of registered users, the consent and terms that you have entered into with us, which applies to any services that we provide to you through our Platform Borrower Consent Terms (link).
By accessing or using our Platform, you acknowledge and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Platform.
We recommend that you print a copy of these Terms for future reference.
Use of the Platform is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including but not limited to minors, undischarged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 21 shall not register as a user on the Platform and shall not transact on or use the Platform. Biznow Business Hub Private Limited reserves the right to terminate any person’s membership and/or refuse to provide such a person with access to the Platform if it is discovered that such person is not eligible to use the Platform.
In the event you register as a user on our Platform on behalf of an incorporated entity, it is presumed that you have been authorised by the entity and your use of the Platform shall bind the entity with respect to these Terms.
2. ACCESS TO AND CHANGES TO OUR PLATFORM
● The services that we provide through our Platform can only be accessed by registered users that have agreed to our Borrower Consent.
● We do not guarantee that our Platform, or any content in it, will always be available or uninterrupted. We reserve the right (in our sole discretion) to suspend, withdraw or restrict the availability of the Platform (or part thereof) for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
● We do not guarantee that our Platform, or any content in it, will always be free from errors or omissions. We reserve the right (in our sole discretion) to update and change our Platform from time to time to our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes. Your continued use of the Platform following the posting of any changes to these Terms constitutes acceptance of those changes.
● You are responsible for making all arrangements necessary for you to have access to our Platform. You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these Terms and that they comply with them.
3. ACCOUNT AND PASSWORD
● If you choose, or you are provided with, a user identification code, one-time passcode, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
● We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms [or the User Agreement].
4. ACCEPTABLE USE
● You may only use our Platform for lawful purposes. You may not use our Platform:
o in any way that breaches any applicable local, national or international law or
o in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose
o for the purpose of harming or attempting to harm minors in any way; or
o to transmit, or procure the sending of, any unsolicited or unauthorised advertising or
any other form of similar solicitation (spam). ● You also agree:
o not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these Terms; and
o not to access without authority, interfere with, damage or disrupt: 1. any part of our Platform;
2. any equipment or network on which our Platform is stored;
3. any software used in the provision of our Platform; or
4. any equipment or network or software owned or used by any third party.
● We shall not be liable for any loss or damage caused by a virus, bug, or other technologically harmful material that may infect your computer equipment, programmes, data or other proprietary material due to your use of our Platform or to your downloading of any content on the Platform, or on any website linked to our Platform.
● You are responsible for configuring your information technology, computer programmes and platform in order to access our Platform. You should use your own virus protection software.
● You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
6. LIMITATION OF LIABILITY
● Nothing in these Terms shall be construed as excluding or limiting our liability for: (i) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, (ii) fraud or fraudulent misrepresentation, or (iii) any liability which cannot be excluded or limited under applicable law;
● Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any services to registered users, which will be set out in the Borrower Consent Terms.
● We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
● We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
o use of, or inability to use, our Platform; or
o use of or reliance on any content displayed on our Platform. ● In particular, we will not be liable for:
o loss of profits, sales, business, or revenue;
o business interruption;
o loss of anticipated savings;
o loss of business opportunity, goodwill or reputation; or o any indirect or consequential loss or damage.
● In no event shall Biznow Business Hub Private Limited, its directors, employees or agents, be liable for any special, incidental, indirect or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from the borrower’s access to and use of the website;(iii) any unauthorized access to or use of the secure servers and/or any and all personal and/or business and/or financial information stored therein;(iv) any interruption or cessation of transmission to or from the website;(v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party; and/or(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Biznow Business Hub Private Limited is advised of the possibility of such damages.
● This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents / content comprising this Terms. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.
7. APPLICABLE LAWS
● These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of India. We both hereby irrevocably agree that the courts of India will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
● If any provision in these Terms is invalid, illegal or unenforceable, then it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted and the remainder of these Terms shall remain in full force and effect.
● If any of these conditions are deemed invalid, void, or for any reason unenforceable or any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Company and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto.
● In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators.
● The venue for arbitration shall be Mumbai. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The Website
specifically prohibits you from usage of any of its Services in countries or jurisdictions that
do not corroborate to all stipulations of these Terms.
● The Website is specifically for users in the territory of India. In case of any dispute, either
judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Gurugram having exclusive jurisdiction. The failure of Company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This terms mentioned hereinabove constitutes the entire agreement between you and Company and governs your use of the Website, superseding any prior agreements between you and Company with respect to the Website.
Visit Sitemap | Date: 6/12/2021