End-User Agreement

Important-read these terms carefully before logging-in or in any manner using "Finwill"software or application and the write-up material with it (collectively “the product”). By logging-in or using the product, you acknowledge that you have read this agreement, understood the contents and implications thereof, and that you agree to be bound by it. If you do not agree to any of the contents, terms and/or conditions of this agreement, promptly exit this page without login to the portal.

1. Ownership

You have been permitted limited access and use of the product. You have no ownership rights in the source code, object code and other components of the product. All the permissions and authority belong to Finwill Corpsolutions Private Limited.

2. Copyrights:

The product is protected by Indian copyright law and by international treaty provisions. All rights and permissions not expressly granted to you herein are expressly reserved.

3. Restrictions:

You shall not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the product or any part thereof. You shall not reverse engineer, decompile, translate, adapt, or disassemble the product, nor shall you attempt to create the source code from the object code for the product.

4. Confidentiality:

You acknowledge that the product contains proprietary trade secrets of the owner and you hereby expressly agree to maintain confidentiality of the product, atleast as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree that you shall not share / part with any data pertaining to the use of the product with any third party. We shall not be in any manner liable or responsible for any breach of the same by you.

5. What we collect and use

We may collect/use the following information:

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email,messages, phone, fax or mail or any other mode. We may use the information to customize your requirement according to your interests.

6. Links to other websites:

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

7. Staff:

Unless otherwise provided, Finwill shall not, and shall procure that its personnel shall not, act on behalf of or commit the user with regard to third parties or hold itself out or permit itself to be held out as having any authority to do or say anything on behalf of or in the name of the user. Finwill shall abstain from any statement or behavior, which might be misunderstood in this respect.

8. Limited Warranty:

Finwill Corpsolutions Private Limited warrants that the product will operate substantially in accordance with the write-up material. Should the product not so operate, your exclusive remedy, and Finwill Corpsolutions Private Limited sole obligation shall be correction of the defect. You acknowledge that this limited warranty does not include improvements and/or additions made to the product by Finwill Corpsolutions Private Limited. You also acknowledge that the product will be most effective provided the same is used in accordance with the write-up material and with sound clinical skills in conjunction training in use of the product. Any use by you of the product is at your own risk. This limited warranty is the only warranty provided by Finwill Corpsolutions Private Limited regarding the product. Except for this limited warranty, the product is provided "as is what is basis". To the maximum extent permitted by law, Finwill Corpsolutions Private Limited disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Finwill Corpsolutions Private Limited does not warrant that the functions contained in the product will meet any requirements or needs you may have, or that the product will operate error free, or uninterruptedly, or that any defects or errors in the product will be corrected, or that the product is compatible with any particular platform. Some jurisdictions do not allow the waiver or exclusion of implied warranties so they may not apply to you.

Finwill Corpsolutions Private Limited is providing limited warranty of third party services as well as for add on services.

9. Limitation of Liability:

In no event Finwill Corpsolutions Private Limited shall be liable to you or any third party, claiming through you or otherwise, for any incidental or consequential damages whatsoever (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the product, or for any claim by any other party, even if Finwill Corpsolutions Private Limited has been advised of the possibility of such damages. Aggregate liability of Finwill Corpsolutions Private Limited with respect to its obligations under this agreement or otherwise with respect to the product or otherwise shall not exceed the amount of the fee paid by you for the product. The back up/data maintained by the Company may not be immediate latest in case damage/crash/failure of entire server. However enough care shall be taken for data back up and hence data restoration.

9A. Non Refundable Policy-

The payment made towards the products and services is exclusively non refundable in nature.Please take enough care before selecting packages and /or making payment towards product and services.

10. Indemnity:

You agree not to use product and services in any situation where significant damage or injury to persons, property or business could occur. You agree to hold Finwill Corpsolutions Private Limited and its subsidiaries, associates and its authorized representatives harmless against all claims, suits, costs, damages, judgments, attorney fees, license fees, settlement or expenses incurred, claimed, obtained or sustained by third parties, whether for personal injury or any other claims a third party may have for your use of the product.

11. Licence:

The Licence to use the product is personal and neither transferable nor assignable in any manner whatsoever. You are permitted to only allow your designated staff to use the product. You and such permitted users shall be bound by all the contents, terms and condition of this agreement. A mere permission / licence to you to allow your permitted user (i.e. designated staff) to use the product does not confer any further/extra/special rights whatsoever in your favour, or in favour of such permitted user, apart from what is otherwise stated in this agreement. Each of the permitted users shall be bound by the terms and conditions of this agreement. The role of indoor management is applicable to all users including permitted user.

12. General:

In case of any dispute/s, the same shall be attempted to be resolved by mutual consultation. Upon failure to resolve by mutual consultation, the same shall be referred for arbitration to an arbitrator to be appointed by Finwill Corpsolutions Private Limited. Such arbitration shall be conducted as per by the Indian Arbitration and Conciliation Act, 1996 and/or any amendment or statutory modification thereof and shall be governed by the same. The seat of arbitration shall be Mumbai. This agreement shall be construed, interpreted and governed by the Laws of India without regard to conflicts of law provisions thereof. Subject to above, all disputes shall be subject to exclusive jurisdiction of courts in Mumbai only. This agreement shall constitute the entire agreement between the parties hereto. Any waiver or modification of this agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this agreement shall be interpreted so as to reasonably effect the intention of the parties.

Payment Mode -The user shall pay to the Company to avail the product and services by any mode of payment other than cash.

Renewal Clause- The renewal subscription shall be made on or before due date of the license period, failing which the login user id shall be deactivated with immediate effect and data access shall be denied to the user/subscriber. After deactivation of the login id the Company shall garbage the data/information as per it’s own discretion policy time to time.

Third Party Dependency- Finwill Corpsolutions Private Limited shall not responsible in case of crash of service by the third party i.e. sms service, email services, whatsapp facility and/or any other mode of services by third party.

"Finwill" is registered trademark
Copyright © Finwill 2019,
All Rights Reserved.