Terms and Conditions

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Terms Conditions

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These terms of use (“Terms and Conditions/ToU”) in relation to the “FinaQA” web page (the “Website”) and / or the “FinaQA” mobile application (“Mobile App” along with Website referred to as the “Web Page”) between FINAQA SOLUTIONS PRIVATE LIMITED (“FinaQA” or the “Company”) and You, govern the terms on which FinaQA offers You access to the Web Page and the services provided therein.

In this agreement, by “You,”, “Your”, we mean the recipient or end user of the Web Page on a standalone basis. Your use of the Web Page is governed by the following terms and conditions (“Terms and Conditions”) as applicable to the Web Page (“User Agreement”). In the event that the client i.e. you are a minor person i.e. being below 18 (eighteen) years of age, the terms of the User Agreement will be applicable to the natural / legal guardian of the said minor client mutatis mutandis. This User Agreement shall come into effect upon first visit to the Web Page and/or the Mobile Website.

Please read the Terms and Conditions carefully before clicking “I Accept” or accessing or using the Web Page or accessing any material, information or services through the Web Page. By clicking “I Accept”, You accept all the Terms and Conditions herein and agree to be legally bound by the same. If You select ‘cancel’ or otherwise do not accept the Terms and Conditions of the User Agreement You are not authorized to use the Web Page and You will not be permitted to access the Web Page. In any case, Your use of the Web Page implies that You agree with the Terms and Conditions contained herein. By accepting these Terms and Conditions, You agree to be bound by this User Agreement, the Privacy Policy, as well as any other such document from FinaQA.

You likewise accept and acknowledge that FinaQA has the right to change or discontinue any feature or service at any time, without prior notice. You further acknowledge that FinaQA reserves the sole right to add, alter or modify the procedures, modes, processes or conditions at any point of time so as to adapt to any changes that FinaQA may make to the services provided by it. You agree that FinaQA shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect or feature of the services. You similarly agree and accept that we reserve the right to revise, modify or update these Terms and Conditions at any point of time that deems fit to us and You agree that the said revision, modification or updation would be without notice to You. Any such revisions, modifications or updations will be effective on the date of posting to the Web Page. Your use of the Web Page following any such revisions, modifications or updations will deem your acceptance of such revisions, modifications or updations. It is advisable that You periodically visit the Web Page review the current Terms and Conditions to which You are bound.

  • About the Web Page
    • The Web Page is a website that is owned, operated and maintained by FinaQA Solutions Pvt. Ltd. that will provide a service wherein You can virtually seek advice from financial services experts such as Chartered Accountants, Investment Advisors, Cost Accountants and Company Secretary (“Consultant”) who are onboarded by FinaQA for your investment and financial advice and the same is arranged for and enabled by FinaQA through third party video conference softwares and applications. FinaQA does not, in any manner, conduct advisory and/or on any basis prescribe or promote the purchase and sale of any kind of financial products or any kind of products that are produced / marketed by any financial companies including but not limited to Mutual Funds, Trading Members, Stock Exchanges.
  • Disclaimer of Liability and Warranty
    • The content, products (third party products), services, including that of third parties published on this site may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services we expressly reserves the right to correct any pricing errors on the site and/or on pending reservations made under an incorrect price. FinaQA makes no representation about the suitability of the information, software, products, and services contained on this site for any purpose, and the inclusion or offering of any products or services on this site does not constitute any endorsement or recommendation of such products or services. All such information, software, products, and services are provided "AS IS" without warranty of any kind. FinaQA disclaims all warranties and conditions that this site, its services or any email sent from FinaQA, its affiliates, and/or their respective or associated service providers are free of viruses or other harmful components. FinaQA hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, 3 title, and no infringement. The service providers providing services on this site are independent affiliates and FinaQA are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefore. FinaQA and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority. In no event shall FinaQA and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this site or with the delay or inability to access, display or use this site (including, but not limited to, your reliance upon opinions appearing on this site; any computer viruses, information, software, linked sites, products, and services obtained through this site; or otherwise arising out of the access to, display of or use of this site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if FinaQA and/or its affiliates their respective service providers have been advised of the possibility of such damages.
  • Services
    • By agreeing to these Terms and Conditions, You are availing of the following Services:
      1. You will be able to register with FinaQA and raise your queries.
      2. You will be assigned a Consultant as per your query at the sole discretion of FinaQA.
      3. Your registration and KYC process will be completed online (except when physical verification is mandatory, depending on the query).
      4. Your KYC will be approved and verified by the Consultant as per the applicable provisions.
      5. A legal and binding Letter of Engagement (“LOE”) will be electronically signed between you and the Consultant, as per the applicable provisions.
      6. You will be able to avail consultation through Video/Audio/Conference call/Text or any other similar medium in (English and/or Vernacular/regional languages) on FinaQA.
      7. Prior to being able to consult with the Consultant, You will be redirected to a third party payment gateway so as to enable You make the payment of the professional fees (“Professional Fees”). For the sake of clarity and disclosure, in addition to the Professional Fees, You will be charged a one-time registration fee to use the FinaQA platform (“FinaQA Fees”).
      8. Once You make the said payment, You will receive a digital confirmation and, via a text message or any other such mode of correspondence, a link which will also be provided to the Consultant. Your consultation with the Consultant will take place at the scheduled time through the aforesaid link.
  • Representations, Warranties and Covenants
    • You represent and warrant the following:
      1. You are competent to enter into and perform this User Agreement under the laws of India;
      2. You agree that Your use of the Web Page shall be strictly governed by this User Agreement. If You register to receive services from the Web Page as an investor, we will rely on You to provide accurate and complete information at all points of time. FinaQA is free to take any action, including termination of this User Agreement should You provide false, incomplete and / or inaccurate information. You also must notify us as soon as there is any change in the information provided by You.
      3. The information provided by You during the consultation with the Consultant is at your sole volition and / or at the behest of the Consultant and the said information is not sought by Consultant.
      4. FinaQA is not liable for the credentials and legitimacy of the Consultant. You agree to not hold FinaQA liable for any negligence or any other claim against the Consultant.
      5. You agree and accept that FinaQA is not liable and / or responsible for verifying the accuracy of all the information provided by the Consultant.
      6. You undertake to not steal, collect or store data about the Web Page and / or the Consultant through any spyware, Trojan or other malware and You undertake to not use the Web Page or any content therein for any purpose that is unlawful or prohibited by law or by these Terms and Conditions and You undertake to not solicit the performance of any illegal activity prohibited under the laws of the Republic of India via or through the Web Page in any manner whatsoever.
      7. You agree to not hold FinaQA responsible or liable for any negligence, mishaps or misrepresentations by the Consultant and You agree to not hold FinaQA responsible for any illicit activity undertaken by any Consultant
      8. You agree and undertake to make the payment of the Professional Fees as well as FinaQA Fees along with the sigining of the LOE. You agree to not have any claims against FinaQA for not enabling the consultation in the event You fail to make the payment of the Professional Fees and FinaQA Fees as specified hereinabove.
      9. You agree that the Professional Fees and FinaQA Fees irrespective of mode – via text or video call.
      10. You agree to receive texts and / or emails from FinaQA for the purpose of Your consultation or the payment in respect of Your consultation.
      11. You also understand and agree that You are solely responsible to FinaQA and to any third party in the event of any breach of your obligations under the Terms and Conditions and for the consequences thereof, including any loss or damage which FinaQA or any third party may suffer owing to such breach.
      12. In case of a cancellation by the Consultant, the Professional Fees shall be refunded in full but with any deductions made by the payment gateway and any applicable taxes but the said refund would be at the discretion of the Consultant. You shall not object to the refund of the Professional Fees being delayed by a few days on account of a lag at the end of the payment gateway. It is clarified that the said refund is not at FinaQAs’ discretion and therefore, You cannot hold FinaQA liable for any concern or complaint that You have in this regard.
      13. You further agree and acknowledge that the FinaQA Fees is non-refundable.
      14. You agree and acknowledge that FinaQA only provides You a platform to avail of a consultation from the Consultant on the Web Page. Any conversations that You may have with the Consultant will be subject to confidentiality as per the prevailing laws.
      15. You agree and acknowledge that FinaQA is not in any manner responsible for any advice given and consultation provided by the Consultant.
      16. You agree and understand that FinaQA is not suggesting / recommending any particular Consultant. You are availing/ taking consultation from Consultant of Your choice. You acknowledge that the onus is on You to determine whether the Consultant is licensed/registered as an Consultant in terms of the laws in India.
      17. You agree and acknowledge that FinaQA will use or utilize third party softwares or applications to schedule and enable calls / conferences between You and the Consultant for the purpose of the consultations. You agree to be bound by the terms and conditions of the aforesaid third party softwares or applications which are available through Google meet, Microsoft teams, Whatsapp Video call, Vonage software or any other similar Video/Audio conference call software. You further agree and acknowledge that FinaQA is free to change the platform for the same at its own discretion.
      18. You agree and acknowledge that FinaQA may share any and all information shared by You with FinaQA, should any government or statutory authority or court or tribunal may require/ order/ direct FinaQA to provide such information.
  • Abuse of the Web Page
    • You shall not Yourself or allow any third party to use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the software of the Web Page or in any way reproduce or circumvent the navigational structure or presentation, content or information of the Web Page through any means not specifically made available through the Web Page.
    • You agree to inform us if You come across any content that is in violation or infringes any intellectual property rights of FinaQA by contacting us at support@finaqa.com to enable us to keep the Web Page working efficiently and in a safe manner. In the event You encounter any problems with the use of the Web Page or services You are requested to report the problem by contacting us at support@finaqa.com
  • Personal Information, Third Party Information and FinaQA’ proprietary Information
    • The Web Page and the Services provided therein contain content which includes Your Personal Information, information collected from third parties and / or FinaQA’ proprietary information. You agree to neither copy, modify, or distribute such content (other than Your Personal Information) nor use FinaQA’ intellectual property, including copyright and trademarks, for any purpose whatsoever. You agree and acknowledge that the content of the Web Page, including, without limitation, the text, graphics, images, layout, interface, source codes, algorithms, and other material, including the software that is developed and licensed by the Company and which permits the access and use of the Web Page (collectively the "Content"), is protected by the corresponding intellectual property rights laws. All the rights, titles and interests in and to the Content remains vested with FinaQA and shall not pass to You or any other user. You likewise further agree and acknowledge that the trade names, trademarks, logos, and slogans (collectively the “Mark”) contained in the Web Page are the intellectual property of FinaQA and / or its subsidiaries and affiliates. You are not authorized to use any Mark in any advertisement, publicity or in any other commercial manner without our prior written consent. FinaQA similarly accepts and acknowledges that the trade names, trademarks, logos and slogans contained in the Web Page that are not our Marks are the trade names, trademarks, logos and slogans of their respective owners. We further state that any reference that is made on the Web Page which is for or towards a specific trade name, trademark, product, or brand of any product owned by a third party, has not been made by FinaQA and does not necessarily imply FinaQA’ endorsement of the said brand or third party.
    • You further agree that in order to avail the services of the Web Page, You are required to provide personal contact information as part of the registration / checkout process. Subject to the limitations described in the Privacy Policy, FinaQA may use Your personal contact information (name, telephone/mobile number, postal address, and email address) to advertise and market our services to You ("marketing communications"). You consent to this use of Your personal contact information for our marketing communications by Your use of the Web Page. You may unsubscribe to future email marketing communications by clicking on the unsubscribe link provided in our email marketing communications.
    • You also agree and accept that we utilize third party applications to collect and manage usage data (for example, how many visitors we have to the Web Page, etc.) and thus, third party application vendors may also have access to the usage data that we collect.
    • You also agree and consent that the video of the consultation with the Consultant will be stored by FinaQA through third party application vendors. FinaQA will not share any of Your data with any third party except as required by a statutory body.
  • Intellectual Property Rights
    • All the rights, titles and interests, including without limitation, copyrights, trademarks and other intellectual property rights in the Web Page and any derivatives thereof, and the Content, visual interfaces, interactive features, information, graphics, designs, compilations, computer codes and all other elements of the Web Page are owned solely by FinaQA. This User Agreement does not provide You with any ownership interest in the Web Page or with any other right other than as expressly set forth in this User Agreement. The Web Page is protected under the relevant Indian statutory laws as well as the common law. You agree not to modify, repair, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Web Page. You shall not use this software for any purposes or in any manner other than as stipulated in this User Agreement. You shall be strictly liable for any misuse or abuse of the Web Page or in any other manner, to use the content provided to You, by virtue of You having downloaded the Web Page. The same shall also amount to piracy and/or infringement of Intellectual Property Rights and the appropriate legal and remedial action, as available, shall be initiated against You including claiming appropriate damages and/or compensation or criminal enforcement.
  • Liability of FinaQA
    • In no event and under no circumstance shall FinaQA be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Web Page or the transmission or delivery of all or any part of the Services, for any damage arising thereof, or any results obtained from the use of the Web Page. Further, FinaQA shall in no event be liable to You or any third party in relation to the consultations or any details therein that is provided by You. You likewise agree and acknowledge that FinaQA will not be liable for any damages of any kind arising from the use of the Web Page, including, but not limited to direct, indirect, incidental, punitive or consequential damages.
    • You also agree not to hold FinaQA or any of its officers, employees, agents responsible or accountable for any misuse of Your account, any illegal activity or any display of any third-party content.
  • Payment
    • You agree and acknowledge that FinaQA will be using a third party payment gateway for facilitating the collection of Professional Fees and FinaQA Fees from You.
    • You further agree and acknowledge that FinaQA does not act as a payment gateway for the collection of the Professional Fees and FinaQA Fees. FinaQA shall not in any way be liable for any delay, disruption or defects in the services offered by the payment gateway or any other such payment facilities.
    • You understand and accept that FinaQA is not responsible and / or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to You due to the payment being declined by the payment gateway as a result of:
      1. lack of authorization for any transaction/s; or
      2. exceeding the preset limit mutually agreed by You and between Your bank/s; or
      3. any payment issues arising out of the transaction; or
      4. decline of transaction for any other reason/s.
    • Further, You also understand that all payments made by You for the use of the services on the Web Page shall be compulsorily in Indian Rupees acceptable by the Union of India. For availing payments from the third party payment gateways, You agree and acknowledge to be bound by the terms and conditions of the said payment gateway available at Razorpay.
    • FinaQA reserves its rights to change the payment gateway at any point of time.
  • Cancellation & Refund/Chargeback Terms and Conditions
    • Cancellation and Refund

      No cancellation or refunds are applicable on the payment of fees as set out in the ‘Payment’ section above are subject to refund. Refund if any will be at the sole discretion of FinaQA. You understand that FinaQA has tied up with RBI authorized payment gateways to allow you to make online payments towards the Professional Fees and FinaQA Fees and FinaQA only acting as a mere facilitator and providing its assistance to its customers for speedy refunds.

    • Chargebacks

      You (cardholder) may dispute a transaction carried out through our Website and file a Charegback with your issuing bank for the reversal of that transaction. Chargeback allows transactions to be reversed by you under specified circumstances such as, on account of (i) alleged forgery of the card number / bank account or other details (ii) any charge/debit made on a card that has been listed as a hot listed card or otherwise listed on the card association (Visa, MasterCard, etc.) warning bulletins (iii) duplicate processing of the transaction; or (iv) for other reasons as per applicable rules and guidelines issued by RBI, card Associations, your card/payment instrument issuing bank etc. However, we reserve the right to reject a Chargeback, including but not limited to, under the following circumstances:

      1. In the event there is any delay caused on the part of the consultant in conducting the advisory process or during the process of such advisory or any service provided by the consultant in connection with advisory, not exceeding a period of 3 months from the date of your raising the query.
      2. In case your consultant is recuses from or rejects your query post signing of LOE.
      FinaQA shall not be liable to you, in any form or manner whatsoever, for any claims, disputes, proceedings which may arise in connection with Chargebacks initiated by you in the circumstances as specified under (a) and (b) herein above.

  • Taxes
    • You are responsible for bearing any and all applicable taxes, charges, cesses etc. levied as a result of You paying the Professional Fees and FinaQA Fees.
  • No Warranty
    • You acknowledge that the Web Page is being delivered to You on an “as is” basis, without any warranty and FinaQA does not and cannot make any warranty as to the merchantability, fitness, performance or results You may obtain by using the Web Page. It is further acknowledged by You that FinaQA has no obligation whatsoever to furnish any maintenance and support services with respect to the Web Page. FinaQA hereby also disclaims any and all warranties, express or implied, including, without limitation, as to non- infringement of third-party rights, merchantability, or fitness for any particular purpose. In particular, FinaQA does not represent or warrant to You that Your use of the Web Page will be free from error or that any information obtained by You as a result of Your use of the Web Page will be accurate and reliable or that the operation of the Web Page will be uninterrupted.
  • Indemnity
    • You undertake and agree to indemnify, defend and hold FinaQA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand made by You any other third party due to or arising out of or in connection with any consultation provided by a Consultant. You undertake and agree to indemnify, defend and hold FinaQA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless in respect of Your usage of the Web Page, Your violation of the Terms and Conditions, or Your violation of any rights of another user.
  • Termination
    • The Terms and Conditions continue to be in effect until terminated by FinaQA or You. You may terminate this agreement with FinaQA by de-registering Your account on the Web Page or discontinuing to access any material, information or services therein.
    • FinaQA may likewise terminate this agreement or any portion thereof with You if You breach any of the provisions of the User Agreement or any other terms, conditions or policies that may be applicable to You from time to time.
    • You agree and accept that all terminations shall be made at FinaQA’ sole discretion and that FinaQA shall not be liable to You or any third party for any termination of Your account or Your access to the Web Page or services therein.
  • Access to Password Protected/Secure Areas
    • Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
  • Modification and Notification of Changes
    • FinaQA reserves the right to make changes to the Site, related policies and agreements, this ToU and the Privacy Policy at any time. If FinaQA makes a material modification to this ToU, it may notify you by: (i) displaying a prominent announcement above the text of this ToU or the Privacy Policy, as appropriate, for thirty (30) days, being deemed sufficient notification, of such changes. After notice of a modification to the ToU or the Privacy Policy has been posted for 30 days, the notice will be removed. If you have not used the Site for more than 30 days, you should check the ToU and/or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the ToU or the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: support@finaqa.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new ToU or Privacy Policy, as relevant.
  • Trademarks
    • The trademarks, logos and service marks ("Marks") displayed on the Site are the property of FinaQA and other associated parties and service providers. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of FinaQA or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
  • Survival of Terms After Agreement Ends
    • Notwithstanding any other provisions of this ToU, or any general legal principles to the contrary, any provision of this ToU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this ToU.
  • License Disclaimer
    • Nothing on any FinaQA website shall be construed as conferring any license under any of FinaQA or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.
  • Governing Law & Jurisdiction
    • This User Agreement will be governed by the laws of India. You agree that the courts located within Mumbai, India shall have jurisdiction and venue over all controversies or disputes in connection herewith. If any part of this Agreement is found void and unenforceable, the balance of the Agreement shall remain valid and enforceable according to its terms.
  • Contact us
    • In the event You have any questions, claims or complaints relating to the Web Page, or Your possession, management and use of the Web Page, You may contact us at support@finaqa.com. All such questions, claims or complaints should be directed solely to FinaQA.
  • No Waiver
  • About the Web Page
    • The failure of FinaQA to enforce any rights granted hereunder or to take action in the event of any breach hereunder shall not be deemed a waiver by FinaQA as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
  • Entire Agreement
    • This User Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof. This User Agreement may only be changed by a written or electronic agreement explicitly agreed to by the parties hereto.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules issued thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated on the Web Page and does not require any physical or digital signatures.