Terms and Conditions

These terms of use ("Terms and Conditions") mandate the terms on which the users ("You" or "Your" or "User") can access and register on the website www.finplify.in including its mobile application 'Finplify' operated and managed by Finplify Technologies Private Limited ("Company" or "We" or "Us") a company duly incorporated under the laws of India, having corporate identification number CIN, collectively referred to as, the "Platform". Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages and our mobile applications. Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

This is an electronic record in terms of the Information Technology Act, 2022 and the rules made thereunder, and does not require any physical or digital signatures. This is being published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@finplify.in

Please read these Terms and Conditions and privacy policy (available at https://www.finplify.in/privacy-policy) carefully before registering on the Platform or accessing any material and/or information through the Platform. The Company retains an unconditional right to modify or amend this Terms and Conditions without any requirement to notify You of the same. You can determine when this Terms and Conditions was last modified by referring to the 'Last Updated' legend above. It shall be Your responsibility to check this Terms and Conditions periodically for changes. Your continued use of the Platform shall indicate an acceptance of the amended Terms and Conditions, and shall signify Your consent to the changes to the Terms and Conditions and the intention to be legally bound by the amended Terms and Conditions.

By using the Services, you acknowledge that Company is not responsible for the quality of product being offered and sold by our partners and that any disputes in relation to the quality of the product will be raised directly with the respective Third Party Service Providers. We will send you communication alerts via emails or SMS or push notifications or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your Phone being switched off, incorrect email address, network interruptions. You agree not to hold Finplify liable for non-delivery for any alert or any loss suffered by you due to delay, distortion or failure of communication. You further acknowledge that you are responsible for the contact details shared with Us and shall update us on any change on your contact details. You authorize Us to contact you and communicate with you for any Finplify Service or Offer(s). We may use third party service providers to send alerts or communicate with you. You authorize Finplify and Finplify Entities to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication.

By accessing Finplify Service and Finplify Platforms, You represent that:

• You are 16 years of age or older
• You are capable of entering into a contract /legally binding agreement
• You have the right, authority and capability to enter into this Agreement abiding by all the provisions of the "terms of use" of Finplify Services
• You are not barred or otherwise legally prohibited from accessing or using services of Finplify or Finplify Entities under the laws of India
• You are not impersonating any person or entity, or falsely stating your age or affiliation with any person or entity. Finplify and Finplify Entities shall reserve the right to terminate your contract to use Finplify Platform in case of any incorrect representation of the above-mentioned conditions
• The mandatory information and Officially valid document(s) "OVD"/document details mentioned by you are true & correct and belong to You

In order to use the full spectrum of Finplify Services, You need to register on the Finplify App and provide Us with accurate and complete information. You are also required to keep your accounts, KYC details and contact information complete and updated at all times. Once you sign-up on Finplify, you are entitled to a Phone Account. You can also register with Finplify from any third party merchant platform subject to certain conditions and limitations available on Finplify website & application. Once registered with Finplify, certain services may ask you for additional information in order or avail such service and may involve creation of sub-accounts for availing such services. The device on which You download Finplify App and use during registration, shall become Your registered device and device details shall be stored by us. The moment You log into your Finplify account from a different device using the Finplify app, You will be asked to allow Finplify to send an SMS from the new device, after which the new device becomes the registered device. You will not be able to access your Finplify account using your previous device until you re-login and re-authorize yourself on that device.

Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Finplify or Finplify entities as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

All material on this Finplify website and mobile application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of Finplify, Finplify Entities or Business Partners. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

In order to access Finplify Services, you are required to provide information about yourself as part of the signup process, or as part of your ability to use services provided by Us. You agree that any information you provide will always be accurate, correct, and up to date and some services may require you to share additional information which might include your personal information, personal sensitive information. Your information management shall be as per Finplify Privacy Policy. You shall promptly inform Finplify of any unauthorized usage of your Finplify Wallet or loss of mobile device and any other circumstances which may lead to unauthorized usage of your Finplify Account. The responsibility of any transaction prior to intimation, will solely be on the registered User

You understand that while availing services offered by Merchants and your payment to merchants using any of Finplify Services (Digital Gold, Real Estate, Equity Investments, Payment Gateway), you understand that we are not a party to the contract between you and the Merchant and act only as an Intermediary ( IT Act 2000). Finplify does not endorse any advertiser or Merchant linked to its website or app. Furthermore, Finplify is under no obligation to monitor the Merchant's service used by you; the Merchant alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant must be directly resolved by you with the Merchant. It is clarified that Finplify shall not be responsible or liable for any deficiency in goods and/or services purchased using Finplify application and website. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

You agree that in case any amount is transferred erroneously by You to any Merchant, Participating Platforms or any other person, Finplify shall not be liable to refund such amount to You under any circumstances. You further agree that Any web-link on the website to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link. You agree that if You provide any information that is incorrect, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access Finplify Platform and/or take necessary steps in accordance with applicable Law without any further notice.

You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with your Finplify account. Accordingly, you are responsible for all activities that occur under your account/is using your secure credentials and Finplify shall not be liable for any such change or action performed by using your secure credentials on Finplify Platform. Attempting to access Finplify Platform using any other means apart from ones provided by Us is strictly prohibited and shall be deemed unauthorized access, whether attempted or accessed through any automated, unethical or unconventional means. Further you should not directly or indirectly engage in any activity using device, software or any routine process that disrupts or interferes with our ability to service you or any other user(s) on Finplify Platform, including the servers and/or networks to which our resources are located or connected. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, as explained above, and may incur criminal or civil liability.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual or digital process, to access, acquire, copy or monitor any portion of the Finplify Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Finplify Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Finplify Platform.

You shall not probe, scan or test the vulnerability of the Finplify Platform or any network connected to the Us, You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Finplify Platform, or any other customer, including any account on the Finplify Platform not owned by You, or exploit the Finplify Platform or any Finplify Service or information made available or offered by or through the Finplify Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Finplify Platform.

You further agree that - In the event of any dispute, Finplify records shall be binding as the conclusive evidence of the transactions carried out through use of Finplify Services. Finplify shall send all customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers. Agree to receive all commercial messages including transactional messages from Finplify/ Merchant. To use the Finplify Services in good faith and in compliance with all applicable laws and regulations.

You would be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied by a Merchant or otherwise arising from online transactions. ensure that the Finplify Services are not used for transactions in foreign currency, unless permitted for any Finplify Service. Finplify and Finplify entities may communicate with you on the contact information that you may have provided to Us during the course of your engagement, including but not limited to signup, transacting or availing any third party products or services on Finplify Platform.

Finplify or Finplify Entities may invite you to participate in any offer from time to time. You agree that participating in such an offer is subject to your agreement to the respective offer terms and conditions. You also understand that the offers might be provided by third parties on Finplify Platforms and you may require to agree to respective terms and conditions of third parties. You further agree that offers provided to any user may vary from user to user.

Finplify reserves the right to disqualify You from any offer in case you do not meet the eligibility criteria for such an offer or any other reasons thereof including but not limited to misuse of offer, misrepresentation, fraud or suspicious transactions/activities, including but not limited to PMLA directives or any at our sole discretion without further notice.

You agree that Finplify at its sole discretion may terminate your contract without prior notice and restrict your access to Finplify application if We determine that You have violated the terms of use and You consent that in case Finplify suffers losses, not limited to monetary losses, due to Your actions, We can take injunctive relief or any other legal action as deemed necessary within the said circumstances and Finplify is not liable for any loss to You due to termination.

Financial and non-financial transactions performed by You on Finplify Platform is always processed by You or under Your exclusive authorization.

In no event will Finplify be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You for using the Services giving rise to the cause of action or Rupees One Hundred (Rs. 100) whichever is less.

You shall indemnify and hold harmless Finplify, Finplify Entities, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

A Force Majeure Event shall mean any event that is beyond the reasonable control of the Finplify and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, Pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes, acts of state, governmental, legal or regulatory actions prohibiting or impeding Finplify Entities from performing its respective obligations under the contract.

This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in Bengaluru, Karnataka shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the Finplify Services /PA or other matters covered herein.

Disputes or differences or concerns if any should be raised within 30 days of happening or non-happening of an event related to Finplify Services, which shall be reported by You as soon as You identify the issue and investigation for such disputes is subject to terms of use of Finplify application.

As part of this continual innovation and improvement, we sometimes may add or remove features and functionalities, increase, or decrease limits to our Finplify Services, start offering new services or stop offering old ones on Finplify Platforms. Such offering can also be due to discontinuation of any service or offering on Finplify Platform by third party service providers or business partners.

We may record or monitor Our conventions with You for records and monitoring quality of our conversations.

Any content downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk, and We cannot confirm that such documents or contents are error or virus free and You understand and acknowledge that you are solely responsible for any damage to your devices, for any loss of data that may result from the download of such contents.

Finplify and third-party partners make no warranty, express or implied regarding the quality of Services including but not limited to:

• the Services will meet your requirements
• the Services will be uninterrupted, timely or error free
• any products, information or material obtained by You in connection with the services will meet Your requirements

Except as expressly provided herein and to the full extent permitted by law, the Finplify Services are provided "as is", "as available" and "with all faults". All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Finplify Services and other information provided by Finplify or generally available. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement.

If you have a dispute with other parties, you release Finplify (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.