Terms and Conditions

If you continue to browse and use this website, you acknowledge and are agreeing to comply with and be bound with the Terms and Conditions (as stated below) of use with all applicable laws and regulations, in addition to our Privacy Policy.

FHA operates the website www.fintoo.in (“Website”) under brand names “Fintoo” or any other name as may be set up by FHA from time to time. FHA provides the user (“User”, You”, “you”, “your”) in person and or through the Website investment and wealth management services to the Users (“Services”). FHA is committed to operating its website and mobile website with the highest ethical standards and appropriate internal controls. The terms herein are aligned with the definition of electronic contract under the Information Technology Act 2000 and its amendments from time to time. They do not need physical or digital signature and may be accepted as found on the Website.

Terms of Use

The terms herein govern the User’s visit to and use of the Website (the “Terms” or the “Agreement”) are a binding contract between you and FHA. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@fintoo.in.

The use of the Website shall deem your acceptance of these Terms and your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions mentioned below, as well as those in the Privacy Policy.

  1. You confirm and accept that all information, content, materials, products on the Website is protected and secured. You acknowledge that the software and hardware underlying the Website as well as other Internet related software which are required for accessing the Website are the legal property of either FHA or its respective third-party vendors. The permission given by FHA to access the Website will not convey any proprietary or ownership rights in the any software/hardware.
  2. You understand and accept that you are allowed to  track your financial life through the use of Website. You agree that you will be allowed to make any transaction through the Website when you complete the KYC process and provides the complete information including personal information in accordance with the Know your client (“KYC”) guidelines issued by Securities and Exchange Board of India or any other regulator/government authorities/agencies/AMCs from time to time.
  3. You agree that you are and will at all times be responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under Your account and also agree to keep your login credentials safe and confidential at all times. You further agree to promptly inform Us immediately in case of any actual or suspected unauthorized use of Your Account. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision.
  4. You understand and accept that not all the products and services offered on or through the Website are available at all times or in all locations and you shall contact our representative for all clarity on these issues before you take further steps. FHA and its third party providers (including distributors) reserve the right to determine the availability and eligibility for any product or service offered on the Website.
  5. FHA does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.
  6. You understand and accept that FHA is not responsible for the availability of content or other services on third party sites (including distributors or resellers) linked from the Website. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by FHA in any way.
  7. You agree that transactions made through FHA Website shall be through your own bank account only and the said transactions do not contravene any Act, Rules, Regulations, Notifications of Income tax Act, Anti money laundering laws, Anti-corruption laws or any other applicable laws.
  8. You agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You also agree you will not use the Website in any manner that could damage, disable or impair the Website or interfere with any other party’s use, legal rights, or enjoyment of the Website. You hereby represent and warrant that you shall make use of the Website as a prudent, reasonable and law abiding citizen and you shall comply with relevant necessary laws.
  9. If the User is found engaging in any fraudulent/illegal activities including but not limited to the following activities i.e abusing any of the representatives of the organization, indulge in fraudulent activities on the Website, using mass media and/or bots to engage with the platform, using mass media and/or bots to malign the organization’s reputation FHA reserves the right in its sole discretion to delete, block, restrict, disable, suspend your account or part thereof and further these activities may be referred to appropriate legal authority for a legal recourse.
  10. The User hereby confirms through the usage of the Website or Services of FHA that:
    1.  User is 18 years of age or older and where you are acting as guardian on behalf of a minor, you have the necessary authority to register/sign up for the Services on behalf of the minor. FHA will not be held responsible for information of persons below the age of 18 and User is urged to contact FHA representative assigned to User for providing such information.
    2.  User has read and understood the Privacy Policy published on the Website and unconditionally confirm that the information provided by User upon registration or when prompted on the Website is true and correct. In the event, your information is not accessible online and you wish to change or delete your personal information or other information that you may have provided, please contact FHA representative immediately.
    3. You shall notify and update FHA promptly of any material change in your personal information and/or profile so as to enable FHA to rely on the most recent information provided.
    4. You agree to be contacted by FHA and its employees and partners over phone and/or E-mail and/or SMS or any other form of electronic communication in connection with your registration, advisory and transactions.

Services 

  1. The Website offers the Services to the Users which include, advisory and investment services to the Users relating to investing in, purchasing, selling or otherwise dealing in securities or investment products, and advice on investment portfolio containing securities or investment products. Services may be provided by FHA directly or through third party service providers, including distributors.
  2. The User hereby agrees and acknowledges that all the decisions of the User, notwithstanding the Services rendered by FHA, in relation to buy, sell, hold or otherwise deal in the investment securities shall be based on User’s own independent evaluation of the risks and rewards of the investments and User’s own verification of all the relevant facts, including financial and other circumstances and a proper evaluation thereof.
  3. User agrees that the Services are in the nature of advice and guidance enabling the User to make informed decisions and neither FHA nor any of our employees or agents shall be liable for any advice or representation made by them hereunder and it will be the User’s responsibility to make an independent assessment pursuant to the availing/using of the Website/Services or availing any product or services from the third-party provider.
  4. User acknowledges and agrees that no warranties or commitments are being made by FHA or any of its employees, agents or representatives that availing of the Services from the Website will result in profits or avoid losses or meet the objectives, including the investment objectives, of the User or that availing/using of the Services/Website will not at any time be affected by adverse tax consequences, technical failures, timely regulatory compliance to a new law. FHA will not be liable to the User or any person claiming for or on their behalf for any error of judgement or loss suffered by the User in connection with the Services provided to the User.
  5. FHA does not disburse loans or provide direct financial facilities but may facilitate User to compare the best possible options and apply for loans to institutions offering these services and facilities. You acknowledge that the loan rates vary from bank to bank and it is dependent on your credit profile and the loan/policies/scheme you decide to opt for. FHA shall not be responsible for any commercial, legal or other terms and conditions made by these institutions or agencies.

Privacy 

You agree that you will provide FHA or its third party providers (including distributors, agents or employees) with proprietary, confidential or similar information and other data as mentioned under these Terms herein during your use and access of the Website or the availing of the Services. FHA and its aforesaid constituents respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided shall be governed under the Website’ Privacy Policy under the link marked “Privacy Policy” on the Website. By using and visiting the Website and availing the Services, you also agree to be governed by said Privacy Policy.

Confidentiality

The User acknowledges that, in the course of engagement with FHA and while availing the Services, User may obtain information relating to the Services and/or FHA (“Confidential Information”). Such Proprietary Information shall belong solely to FHA and includes, but is not limited to, the features and mode of operation of the Services, computer code, internal documentation, problem reports, analysis and other technical, business, product, plans and data. In regard to this Confidential Information the User shall not use (except as expressly authorized by this Agreement) or disclose Confidential Information without the prior written consent of FHA unless such Confidential Information becomes generally publicly available without your breach of this Agreement. User shall at all times all measures to maintain the Confidential Information and Services in confidence.

Use and Protection of Intellectual Property Rights

FHA Website are protected by intellectual property rights belonging to FHA in the form of copyright, trademarks, patents, trade secret and/or other relevant laws. No information, content or material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without FHA's express written permission. The User is permitted a limited licence to use the Website for personal and non-commercial use, subject to the Website Terms and Conditions. User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the FHA Website. 

Limitation of Liability, Indemnity, and Warranty

  1. The User warrants all the details and information provided to FHA or its directors, employees, associates, partners, or suppliers while using this Website (including for the purposes of carrying out investments) shall be correct, accurate and genuine. In no event shall FHA or its directors, employees, associates, partners, or suppliers be liable or responsible to User, their representatives or any persons claiming under them for any loss or damage that may cause or arise from or in relation to the use of the Website or availing of the Services any investments made following use of Website or availing the Services.
  2. The User shall indemnify FHA or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to
    1. use or misuse of the Website
    2. non-performance and/or non-observance of the duties and obligations under these terms and conditions or due to the User’s or any of its constituents’ acts or omissions
    3. any act, neglect, misconduct or fraud on your part.
  3. The User shall be solely responsible for any investment decision made based on the Services and FHA shall not be liable for any loss or damage caused to you or other users of this Website due to such investment decision, or any kind of reliance upon it.

Disclaimer

THE USER AGREES AND UNDERSTANDS THAT THE WEBSITE AND SERVICES ARE PROVIDED STRICTLY ON “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SERVICES, INFORMATION, CONTENT WHETHER PROVIDED HEREIN OR IN PERSON. USER ACKNOWLEDGES AND AGREES THAT SERVICES AVAILED AND USE OF THE WEBSITE IS AT THEIR SOLE RISK AS TO COSTS AND CONSEQUENCES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. WHILE ALL ENDEAVOURS WILL BE TAKEN BY IT TO ENSURE OTHERWISE, FHA CANNOT AND DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

USER ACKNOWLEDGES THAT ALL INVESTMENTS ARE SUBJECT TO MARKET RISKS AND THAT PAST PERFORMANCES ARE NOT INDICATOR OF FUTURE RETURNS. FHA STRICTLY DISCLAIMS AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER. FURTHER FHA OR ITS REPRESENTATIVES ARE NOT PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN USER AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, USER IS URGED TO EXERCISE PRUDENT JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD FHA HARMLESS IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY FHA OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME  AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS. 

Consideration

FHA may at its sole option choose and the User hereby unconditionally accepts that FHA may charge its Users a fee for use of Website, which charges may be updated without notice to any party. 

Force majeure

If the Services or use of the Website is prevented, hindered or delayed by a Force Majeure event (as defined below), FHA shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of FHA, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc. 

General Terms

No failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right. All illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision. These Terms including the Privacy Policy and any other arrangement/agreement in relation the Services, including the Advisory Agreement (applicable to advisory clients), constitute the entire agreement between the User and FHA and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and US pertaining to the subject matter hereof.

The provisions related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction shall survive expiry or termination of these terms and without prejudice, any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Any expiry or termination of the Agreement shall not nullify or amend causes of action prior to such termination.

Dispute Resolution

Any dispute, controversy, claims or disagreement of any kind whatsoever between the Parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator appointed by FHA, through arbitration to be conducted in accordance with Mumbai Centre for International Arbitration’s rules. The venue of such arbitration shall be at Mumbai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. 

Governing laws

Subject to arbitration provisions herein, these Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to any conflict of law provisions. Notwithstanding the foregoing, you agree that (i) FHA has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Mumbai, India.

Update of Terms

FHA shall from time to time review these terms and hereby reserves the right to change or modify, any or all of them including, changing of the extent and scope of the Services and/or include any other category, service, facility or feature within the term ‘Service’, at the sole discretion of the Website. Any such change(s) shall be effective immediately upon the relevant webpage going ‘live’. User is urged to determine when these Terms were last revised by referring to ‘LAST UPDATED’ link in these Terms.