a. https://www.finwego.com/including any sub domains thereof pertaining to the Service (collectively, “Site“);
b. the revenue management tool/application under the name and style of “Radius by Finwego” (“Radius”) and all related widgets, tools, applications, data, software, APIs, mobile, tablet and other smart device applications (collectively, “Application“); and
c. Services (as defined herein below).
The Site and the Application together are hereinafter collectively referred to as the “Platform”
provided by Mossbrae Solutions Private Limited a private limited company with its registered office at Door No. 77, (Old No. 43), Chamiers Road, Chennai – 600028, operating under the brand name “Finwego”(“Company”, “Finwego” “We“, “Us“, “Our” and terms of similar meaning).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS CONSTITUTE A BINDING, LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. IN ORDER TO USE THE PLATFORM AND/OR ACCESS THE SERVICES, YOU NEED TO AGREE TO THESE TERMS BY CLICKING ON THE ‘I AGREE’ BUTTON. IN THE EVENT YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT BE ABLE TO USE THE PLATFORM IN ITS ENTIRETY OR ACCESS THE SERVICES.
These Terms are published in compliance of, and is governed by the provisions of Indian law (as amended from time to time), including:
a. the Indian Contract Act, 1872;
b. the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
c. The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. Continued use of the Platform or Services after any such changes shall constitute Your consent to such changes
1. General Terms
1.1. The Platform operated by the Company enables You to i). keep track of fees collected by You, send reminders to parents regarding payment of fees, collect fees periodically, track and manage the entire fee collection etc. The Company is an authorized reseller of Cashfree Payments India Private Limited and Razorpay Software Private Limited (“Payment Gateway Service Providers”), and therefore the Platform operated by the Company also facilitates payment of fees by the parents on the Platform using the payment gateway services of the Payment Gateway Service Providers on the Platform, for such Users who have opted for the paid Services on the Platform ii). avail affordable and unsecured digital credit from Lenders (i.e.non-banking financial institutions, banks and such other financial entities authorised to disburse loans in accordance with applicable laws) subject to the satisfaction of eligibility criteria and other conditions stipulated by the Lenders; and loan origination process, loan disbursement and collection process.
1.2. The services provided vide the Platform include: i). Online fee payment of an institution via Payment Gateway and BBPS ii). Management of offline fee collection and cash counter management) iii.) Tracking and reconciliation of fee payments iv). Managing fee collection across multiple academic sessions v). Real time class wise and fee wise reports on fee collections vi). Role based access for multi user, multi hierarchy needs of an institution vii). Fine and discount on late and early payers vii). Provides part payment, payment via instalments viii). Provides customised fee for individual students ix). Generates fee receipts real time for institution and payer x). Maintains payment history for payer and institution
1.2.1.Registration of a User on the Platform;
1.2.2.Payment gateway services facilitated by the Payment Gateway Service Providers on the Platform;
1.2.3.Automated loan processing including management of the application process, profiling of the Applicants, management of loan documentation, responding to applicant queries and facilitation of loan disbursements by the Lenders;
1.2.4.Collection and delinquency management support (i.e) assistance in collection of repayments; and
1.2.5.Any other services as We may deem fit.
(Collectively referred to as “Services”).
2. Account Setup, Eligibility and Services:
2.1. You represent and warrant that:
2.1.1.You are at least 18 years old;
2.1.2.You have the lawful authority and capacity to contract and be bound by these Terms;
2.1.3.If You are accepting these Terms on behalf of a company, limited liability partnership, trust or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
2.1.4.You will comply with all applicable laws and regulations.
2.2. It is not mandatory to register to visit or access the Platform. However, access to the Services is only available to registered users. You need to register and create a user account (“Account”) to access the Services on the Platform by providing, Your name, email address, password and other details. By registering and creating Your Account on the Platform, You agree to:
2.2.1.provide accurate, current and complete information and documentation as may be prompted (“Registration Data“) and maintain and undertake to update the same in respect of any changes;
2.2.2.not register more than one account;
2.2.3.maintain the security of Your password, accept all risks of unauthorized access to the Registration Data and any other information You provide to Us;
2.2.4.notify Us immediately of any breach of security or any unauthorized use of Your Account;
2.2.5.not authorize, assign or otherwise transfer Your Account to any other person or entity or to let them operate through the account created and in no event use another User’s account for any purpose or objective;
2.2.6.be responsible for all activity on Your Account and to use and operate the same in accordance with applicable law; and
2.3. Vide the Platform, You may apply for credit facilities and the same maybe disbursed subject to the fulfillment of the criteria set out by the Lenders. For any further clarifications on the process involved, you may refer to the FAQ.
2.3.1.For and in connection with the loan management process, We would collect, authenticate, verify and confirm the Registration Data, documents and details as may be required by Lender to process and sanction the credit facilities. Such Registration Data shall include personal information provided by You and/or collected by Us including but not limited to Your name, e-mail address, gender, date of birth, mobile number, financial information such as PAN card, bank documents, bank details, salary slips, bank statements, data from credit information companies, data required for Know Your Customer compliances, references and such other relevant details as may be required. You authorise us and the Lenders to process such data for the purposes of provision of Services.
2.3.2.Upon completion of the verification process, the Lender may in its sole discretion, disburse the loan subject to fulfilment of its eligibility criteria and credit checks. You understand and agree that we do not exercise any control over the acceptance or rejection of Your application by the Lenders. In the event the loan is granted, the same shall be subject to and governed by the terms of the loan agreement executed between You and the Lender and the loan shall be disbursed in the manner provided therein. Pursuant to grant of the loan, You may be required to fill and upload the relevant documents for authorising fund transfers on a periodic basis in accordance with the repayment schedule mentioned in the loan agreements. You undertake to repay the outstanding amount(s) (interest, charges and fees) payable to the Lender in accordance with the terms of Your loan agreement. Finwego may send payment reminders in this regard in such manner and frequency as permissible under applicable law and as authorised by the Lender in this regard.
2.4. We reserve the right to suspend or terminate Your Account if activities occur on the Account which, in Our sole discretion, would or might constitute a violation of these Terms, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. We may at Our sole discretion restore access to Your Account, at any time, pursuant to any suspension.
3. License and Restrictions of Use
3.1. Finwego grants You a limited, personal, revocable, indivisible, non-exclusive, non-transferable and non-sub licensable right to use the Platform and Services, solely for Your own personal, non-commercial use, subject to the Terms. Your access and use of the Platform and Services is subject to the following representations and warranties:
3.1.1.You may only access the Platform or Services using authorized and lawful means;
3.1.2.We shall not be liable for any failure or default to provide access to the Platform on account of any failure or delay by You to register with the Platform for such access, or due to any other reasons whatsoever;
3.1.3.Any configuration or set up of the Devices for access to the Platform and the Services shall be Your sole responsibility. “Device” means a device, usually electronic, that processes data according to a set of instructions, which may include but not restricted to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones;
3.1.4.All information and documents provided by You is true, accurate and complete in all respects and Finwego shall be entitled to rely on the same for the provision of Services.
3.1.6.You will not take any action that interferes with, degrades or adversely affects Finwego, the Services and/or the Platform;
3.1.7.You will not use the Platform in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) violate or tamper with the security of the Platform;
3.1.8.You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libelous, obscene, illegal or deceptive content;
3.1.9.You will ensure that the Platform is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Platform or any other software, hardware, services or data;
3.1.10. You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Platform;
3.1.11. You will not attempt to gain unauthorised access to any accounts, computer systems or networks connected to the Platform, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
3.1.12. You will not use, misuse or misappropriate the Platform to develop, or to assist anyone in developing a competitive platform, service or for other competitive purposes;
3.1.13. You will not copy, distribute, or make derivative works of the Platform including customization, any modifications or enhancements, translation or localization in any medium;
3.1.14. You will not reverse engineer, decompile, disassemble, make or otherwise attempt to derive the source code of Radius/Platform, or the underlying ideas or algorithms of the Platform;
3.1.15. You will not remove or alter any trademark, logo, copyright or other proprietary notices or symbols in the Platform;
3.1.16. You will not digitally transmit or make available the Platform or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Platform onto a server so that it is accessible via a public network such as the Internet;
3.1.17. You will not rent, lease, sell, sublicense, assign or transfer your rights in the Platform, or authorize any portion of the Platform to be copied onto another individual or legal entity’s Device;
3.1.18. You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to Company’s data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
3.1.19. You acknowledge that from time to time, Finwego may apply Upgrades (hereinafter defined) to the Platform, and that such Upgrades may result in changes to the appearance and/or functionality of Platform. You may be required to install certain Upgrades or updates to the software in order to continue to access or use the Platform, or portions thereof. “Upgrades” means new versions of, and updates to, Platform whether for the purpose of fixing an error, bug or other issue in the Platform or enhancing the functionality of Platform.
4.1. As a participant in the Platform, You agree to use careful, prudent, and good judgment when leaving feedback for other users of the Platform. In the event the feedback violates these Terms, is inappropriate or violates propriety or privacy of another user, the Company, in its sole discretion, may take any of the following actions: (i) delete Your feedback or any of your postings; (ii) limit your Account privileges; (iii) suspend your Account; and (iv) report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform.
4.2. Reporting inappropriate use of feedback: You may contact the Company regarding any inappropriate use of feedback via-email at [email@example.com];
4.3. The Company does not and cannot review every posting made on the Platform. These Terms do not require the Company to monitor, police or remove any postings or other information submitted by You or any other user and the Company shall not be responsible for any ensuing liability.
5. Intellectual Property Rights
5.1. The trademarks, logos and service marks displayed on the Platform (“Marks“) are the exclusive property of the Company. You hereby acknowledge that any and all of the intellectual property rights (including but not limited to all copyright, patent, Marks, etc.) and other proprietary rights in and in relation to the Platform including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any information which belongs to a third party) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Platform or the Services shall vest wholly completely and fully with the Company throughout the territory of the world and You shall have no right or claim to such intellectual property in any manner whatsoever.
6.1. By accepting these Terms and using the Platform and/or availing the Services, You agree that You shall defend, indemnify and hold the Company, its directors, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) Misuse of Your access to and use of the Platform and/or the Service; (ii) any loss or injury to the Company’s representatives resulting from or attributable to Your acts or omissions;(iii) Your violation or breach of these Terms or any applicable law or regulation; (iv) Your violation of any rights of any third party; (v) any and all third-party claims based upon (A) the content of any communications transmitted by You; and/or (B) transactions undertaken by You.Your indemnification obligation herein will survive termination of this Agreement and Your use of the Platform/Services.
7. Disclaimer of Warranties
7.1. The Company hereby explicitly and specifically disclaims any and all representations, warranties or guarantees in respect of the Platform and/or the Services, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchant ability, quality or fitness for a particular purpose.
7.2. The Platform is provided strictly on an “as is” basis. Notwithstanding anything contained in these Terms, the Company does not warrant that any Platform: (i) will perform error-free or uninterrupted, or that the Company will correct all or any errors or defects (ii) will operate in combination with the Devices, or with any other hardware, software, systems or data not provided by the Company, (iii) will meet the User’s requirements, specifications or expectations or that the Services will be available at any particular time or location, uninterrupted or secure.
7.3. Finwego reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform and/ or the Services (or any part thereof) with or without notice and in its sole discretion. You agree that Finwego shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Platform or the Services.
7.4. Finwego shall not be liable to You for any delay or failure in performance of the Services arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war or acts of regulatory or governmental agencies.
7.5. The User acknowledges that the Company does not control the transfer of data over the communications facilities, including the internet, and that the Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. The Company shall not be responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any Platform that arise from the User’s content or third party content.
7.6. The Company does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, including the payment gateway services provided by the Payment Gateway Service Providers, and disclaims all liabilities arising from or related to third party content.
7.7. Responsibility for the decisions You make regarding availing the Services through the Platform (with all its implications) rests solely with You. You acknowledge that any loan disbursed by a Lender pursuant to a loan agreement is a distinct transaction between You and the Lender. Finwego will not be a party to disputes, negotiations of disputes including but not limited to repayment disputes between the Applicant and any Lender. You will not include or seek to include Finwego in such dispute, failing which Finwego shall be at liberty to take any and all actions that may be available to it to protect its interests and You will be liable to indemnify Finwego for all cost, losses and damages incurred in this regard.
7.8. You acknowledge that, in the event You have opted for usage of the payment gateway services provided by the Payment Gateway Service Providers on the Platform (as a paid Service), the same is a distinct transaction between You and the Payment Gateway Service Providers You agree and acknowledge that in the event of any failure in payment or non-completion of payment or any such payment related issues/disputes using the payment gateway of the Payment Gateway Service Providers, Finwego will not be a party to disputes, negotiations of disputes including but not limited to repayment disputes between the You and the Payment Gateway Service Providers, and You shall directly make any claims/complaints to the Payment Gateway Service Providers. You will not include or seek to include Finwego in such dispute, failing which Finwego shall be at liberty to take any and all actions that may be available to it to protect its interests and You will be liable to indemnify Finwego for all cost, losses and damages incurred in this regard.
7.9. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of the Users and any third party sites, including, but not limited to, any User’s reliance upon any information provided therein. The third party sites and Us are independent contractors and neither party has authority to make any representations, warranties or commitments on behalf of the other.
7.11. We are not responsible for the content, accuracy or opinions expressed in any third party sites, and such third party sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked third party sites on our Platform does not imply approval or endorsement of the third party sites by us.
8. Limitation of Liability
8.1. In no event shall Finwego or anyone else involved in administering, distributing or providing the Platform and/or Services be liable for any direct, special, exemplary, consequential, incidental, punitive or indirect damages including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that results from the use of, or inability to use the Platform and/or Services. Finwego or anyone else involved in administering, distributing or providing the Platform and/or Services further explicitly disclaim any and all liability for any the following:
8.1.1.errors, mistakes or inaccuracies of the content displayed on the Platform;
8.1.2.personal injury or property damage of any nature whatsoever, resulting from Our Services;
8.1.3.the acts or omissions of Our representatives performing Services on Our behalf;
8.1.4.any failure or delay in the Services;
8.1.5.any loss or damage arising out of Your failure to adhere to Your obligations under the Terms.
8.1.6.user content or the defamatory, offensive, or illegal conduct of any third party;
8.1.7.viruses, computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment (“Harmful Code”) that may be transferred to Your Devices when accessing the Platform. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
8.2. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF (I) YOUR USE OF THE PLATFORM; AND/OR (II) AVAILING ANY SERVICES INCLUDING THE AVAILING OF ANY LOAN FACILITIES, REMAINS SOLELY WITH YOU.
9.1. These Terms will continue to apply until terminated by either You or Us as set forth below.
9.2. Termination by You: If You wish not to be bound by these Terms, you may terminate your relationship with Us by (i) not accessing the Platform; and/or (ii) deleting Your Accounts (if any), however, in the event You have opted for a paid Service, you shall remain liable to make payment for all charges accrued up to the time of termination.
9.3. Termination by Us: Finwego may at its discretion and at any time with or without notice, terminate or suspend the Terms, with or without cause if:
9.3.2.Finwego is required to do so in accordance with law; or
9.3.3.Finwego has elected to discontinue, with or without reason, access to the Platform and/ or the Services (or any part thereof) either in general or specifically to You.
9.4. Finwegoshallnot be liable to You or any third party for any such termination.
9.5. Consequences of Termination
9.5.1.Once Your Account has been terminated, any and all content will be irretrievably deleted by Us, except to the extent that We are obliged to maintain or permitted to retain in accordance with law or to the extent specifically communicated to Us by a Lender.
9.5.2.The licences granted to You in terms of these Terms shall stand terminated effective immediately.
9.5.3.The Company, in its sole discretion, may initiate appropriate legal proceedings against You, if necessary.
9.5.4.Termination shall not affect Your liability or obligations arising prior to such termination and for the sake of avoidance of any doubt, it is hereby clarified that deletion, uninstallation of the Platform and/or discontinuation of our Services, shall not discharge you from the responsibility, obligation and liability to pay any outstanding amount(s), in the event You have opted for availing of the paid Services or in accordance with the terms of any loan agreement executed by You with a Lender.
10.1. To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms,these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform and/or Services;
10.3. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law; and
10.4. All notices and other communications made or required to be given under this agreement shall be in writing and shall be deemed given upon receipt when sent through email, registered post acknowledgement due, or through personal service to the address specified below:
Representative: Pavee Ramanisankar
To the e-mail ID and address provided at the time of registration and set-up of Account
Address:Door No. 77, (Old No. 43), Chamiers Road, Chennai – 600028
11. Dispute Resolution And Governing Law
11.1. If there is a concern in respect of these Terms or the Services provided by the Company, You are requested to email Us details of the same at [firstname.lastname@example.org]. Any concern shall be sought to be addressed by the Company and in the event of any dispute, You and the Company shall endeavor to amicably resolve the dispute.
11.2. These Terms shall be governed and construed under the laws of India and the courts of Chennai shall have exclusive jurisdiction.