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Terms of service

User Agreement

This User Agreement describes the terms and conditions on which you are allowed to use our website www.finnet.co.in and our Services.

The following Terms of Service and any guideline, policy or content displayed on the Website, are a legally binding contractual agreement between you (“User, “you,” “your”) and FinNet (“www.finnet.co.in,” “we,” “us”).

By visiting or using the services available from the categories and sub-categories of www.finnet.co.in (the “Website“), you agree to be legally bound by these Terms of Service. By accessing and/or using the Website, you agree to the terms with FinNet.

We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.

In This User Agreement:

“Client” means a User that purchases Consultant’s Services

“Consultant” means a Professional/Firm that offers and provides services to a Client

“Project” means an assignment, training, advisory or job awarded by a Client via FinNet’s Website to a Consultant

“Project Agreement” means The agreement between Client and Consultant
   (a) including the Project Bid, Project Description, and other terms and conditions as communicated between Client and Consultant on the            Website as part of Project Posting and Bid Submission and Acceptance or otherwise,
   (b) these Terms of Service, and
   (c) any other content uploaded to the Website by either party is collectively, termed as the “Project Agreement”)

“Account” means the account you open when you register on the website.

“Dispute Resolution Process” means the process to be followed by the client and Consultant in accordance with the   FinNet’s Dispute Resolution Services.

“FinNet,” “we,” “our,” or “us” means FinNet Resources LLP.

“Intellectual Property Rights” means any and all intellectual property rights existing worldwide and the subject matter of such rights, including:
   (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any                    right to have confidential information kept confidential; and
   (b) any application or right to apply for registration of any of the rights referred to in paragraph
   (c) Whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law                           or in equity.

“Project Payment” means a prepayment made by the Client for the provision of Consultant’s Services under a User Contract and which will be released in accordance with the section “Project Payments” below.

“User”, “you” or “your” means an individual who visits or uses the website.

“User Contract” means:
   (1) this User Agreement;
   (2) the Code of Conduct as amended from time to time; 
   (3) any other contractual provisions accepted by both the Consultants and Clients uploaded to the Website, to the extent not inconsistent           with the User Agreement and the Code of Conduct; and
   (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the user agreement and the Code of                Conduct.

“Website” means the websites operated by FinNet and available at: www.finnet.co.in

“Escrow Service” means the fees deposited by a Client with FinNet for a given Project and to be disbursed to the Consultant on delivery of the assignment to the Client in terms of the User Agreement and other terms and conditions mentioned on the FinNet Website.

How do we use your information?

i.  You agree that we may use your Personal Information to facilitate the services you request.

ii.  You agree that we may use your Personal Information and other information we obtain from your current and past activities on the website to resolve disputes, troubleshoot problems, measure your interest in the services provided by us, inform you about online and offline offers, products, services, and updates, customise your experience, detect and protect us against error, fraud, and other criminal activity, enforce terms of use, and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular, we may examine your Personal Information to identify users using multiple user IDs or aliases. We may compare and review your Personal Information for errors, omissions, and for accuracy.

iii.  You agree that we may use Personal Information about you to improve our marketing and promotional efforts, to analyse site usage, to improve the website’s content and service offerings, and customise the website’s content, layout, and services. These uses improve the website and better tailor it to meet your needs so as to provide you with an efficient, safe, and customised experience while using the website.

iv.  You agree that we may use your Personal Information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, service offerings, and communications relevant to your use of the Website. By accepting the Terms of Use and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications in your profile. You may make changes to your profile at any time.

v.  When you use the FinNet site, we may request certain information. FinNet does not share any of your personally identifiable or transactional information with any person or entity, other than as set out in this policy. No other third party receives your personally identifiable information or other transactional data except those with whom you have transactions and share that information. The information we collect is used to improve the content of our website, to notify users about updates to our website, and for communications, such as customer service.

vi.  Email Communications: We may send you a welcome email to verify your account and other transactional emails for operational purposes, such as billing, account management, or system maintenance. You may only stop those emails by terminating your account. We may also send you promotions, product announcements, surveys, newsletters, developer updates, product evaluations, and event information or other marketing or commercial e-mails. You can opt out of receiving these email communications from FinNet at any time by unsubscribing using the unsubscribe link within each email, updating your e-mail preferences on your FinNet account or emailing us to have your contact information removed from our email list or registration database.

vii.  Marketing: You agree that we may use your personal information to tell you about our services and tools, deliver targeted marketing and promotional offers based on your communication preferences, and customize, measure, and improve our advertising. You can unsubscribe from emails at any time by clicking the unsubscribe link contained in the email.

viii.  We do not rent, sell, or share personal information about you with other people or non-affiliated companies for marketing purposes (including direct marketing purposes) without your permission. We may use and share Non-Personal Information for our marketing purposes, including, without limitation, marketing on other websites. For example, we may use the information to control the number of times you have seen an ad, deliver ads tailored to your interests, and measure the effectiveness of ad campaigns. You can prevent us from tailoring our ads to you on other websites by deleting your cookies (see below).

Sharing Your Information

You agree and confirm that we do not rent, sell, or share Personal Information about you with other people (save with your consent) or non-affiliated companies except to provide products or services under terms of use or this privacy policy, or under the following circumstances:

i.  to provide the Personal Information to trusted partners who work on behalf of or with us under confidentiality agreements. These entities may use your Personal Information to help us communicate with you about offers from us and our marketing partners.

ii.  to respond to summons, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;

iii.  to share Personal Information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Use, or as otherwise required by law;

iv.  to transfer Personal Information about you if we are acquired by or merged with another company. In this event, we will notify you before information about you is transferred and becomes subject to a different privacy policy.

v.  from time to time, to reveal general statistical information about our Website and visitors, such as number of visitors, number and type of services purchased, etc.;

vi.  to transfer Personal Information about you to trusted partners, may or may not for gain, or to promote certain products/services for commercial purposes, without any prior notice to you.

vii.  We disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a posting or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations. As stated above, we do not disclose your personal information to third parties for their marketing purposes without your explicit consent.

viii.  We may disclose personal information to our related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

ix.  We may disclose your personal information upon a business transition; At the sale or transfer of FinNet and/or all or part of its assets, your personal information may be among the items sold or transferred.

x.  We may share aggregate data with advertisers and other third parties. FinNet uses industry-standard encryption technologies when transferring and receiving consumer and transaction data exchanged with our site.

Cookies

i.   Cookies are pieces of data assigned by a web server that uniquely identify the browser on your PC. FinNet uses cookies called “persistent” cookies to enable the site to remember you on subsequent visits, speeding up or enhancing your experience of services or functions offered. Cookies also enable our systems to gather information about your navigational patterns through the site. You have the option to disable cookies at any time through your browsers. We may also store your website activity in cookies, which may be used by third-party vendors, including Google, to serve ads based on your behaviour on our website.

ii.  The third party vendors (e.g. Google Analytics) may receive and record non-personal information from cookies, server logs, and similar technology from your browser or mobile device, including your IP address. You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page.

iii.  If you access our services with your login credentials from a social networking site (e.g., Facebook or Twitter) or if you otherwise agree to associate your FinNet account with a social networking account, we may receive personal information about you from such social networking site, in accordance with the terms of use and privacy policy of the social networking site. For example, Facebook may share with us your friend list, birthday, information about the interests of you or your friends, or other personal information in order to help us establish your account, tailor services to you, and find other current or potential site users that you know. We may add this information to the information we have already collected from you via other aspects of the site. You are also subject to the social networking site’s terms of use and privacy policy. We use industry-standard protocol to enable us to access this information without collecting your password when you agree to allow another application to access your account information.

Accessing and updating your information

You can update your information through your account profile settings. If you believe that personal information we hold about you is incorrect, incomplete, or inaccurate, then you may request us to amend it.

Additionally, you may request access to any personal information we hold about you at any time by contacting us. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

Further, you agree that we may share your Personal Information with the following categories of activities from time to time:

Advertisements

When you enter Personal Information on any form of an advertiser, such information is simultaneously collected by the website and the advertiser. The Personal Information is used by the website in accordance with the terms of this privacy policy and is used by the advertiser as per the advertiser’s prevalent privacy policies. Because we do not control the privacy practices of these advertisers, you should evaluate their practices before deciding to provide the said information.

The website may also aggregate (gather up data across all Accounts) Personal Information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes.

Services offered on the website by third parties

There are certain services for which third parties request information before the service is listed on the website. The information provided by you for such purposes is simultaneously collected by the website and the respective third party. This information is utilised by the third party in accordance with its privacy policy and the terms of the offer. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.

Posting to public areas of the website

Please remember that if you post any of your personal information in public areas of the website, such as your profile, credentials, chat, or messages, or in the website’s searchable projects or profile database, such information may be collected and used by others over whom we have no control. We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of the website.

Other websites

Our website may contain links to other websites. Please note that when you click on one of these links, you are entering another website over which the Website has no control and will bear no responsibility. Often these websites require you to enter your Personal Information. We encourage you to read the privacy statements on all such websites, as their policies may differ from ours. You agree that we shall not be liable for any breach of your privacy of Personal Information or loss incurred by your use of these websites.

Disclaimer

We shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any personal information concerning the user’s account and/or information relating to or regarding online transactions using credit cards/debit cards and/or their verification process and particulars nor for any error, omission, or inaccuracy with respect to any information so disclosed and used.

Assignability

We may assign any of our responsibilities/obligations to any other person without notice to the user at our own sole discretion. However, you shall not assign, sub-license, or otherwise transfer any of your rights or obligations under this Privacy Policy to any other party, unless written consent is taken from us.

Governing Law and Dispute Resolution

This Privacy Policy and Terms of Use shall be governed by and constructed in accordance with the laws of India only, without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.

Changes to our privacy policy

We may change this privacy policy from time to time. Any updated versions of this privacy policy will be posted on our website. Please review it regularly.

1. Overview

FinNet is an on-line marketplace that enables Clients (buyers) to buy professional / consulting / freelancing / software development services from Consultants (Individual sellers or established businesses).

The Website contains features that enable Service providers/Consultants/Freelancers and Clients to do, among other things, the following:

  • Clients: Create profiles, post projects, search for Consultants, Freelancers, communicate, negotiate, with them, award projects, manage projects, provide feedback and pay.
  • Consultants, Freelancers, service providers: Create profiles, advertise capabilities, submit quotes, negotiate with Clients, obtain project awards, complete awarded project, submit deliverables, obtain feedback from Clients, provide feedbacks to Clients, and receive payment from Clients.

We also provide Registered Users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such features, Services at any time at our sole discretion with reasonable notice posted in advance on the Website.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website.

Clients and Consultants must register for an Account in order to buy or sell Services. The Website enables Users to work together online to complete and pay for Projects.

Before using the FinNet’s Website, we recommend that you read the whole User Agreement, the Website policies and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the FinNet’s Privacy Policy, Dispute Resolution Policy and all Website policies. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement will apply whenever you use the FinNet’s Website.

To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to:

(1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website;

(2) be financially responsible for your use of the Website and the purchase or delivery of services; and

(3) perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. FinNet reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone, with or without reason.

To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.

You will not use the FinNet Website if you:

i. are not able to form legally binding contracts; or
ii. are under the age of 18; or
iii. a person barred from receiving and rendering services under the laws of India or other applicable jurisdiction; or
iv. are suspended from using the FinNet’s Website.

Users may provide a business name or a company name, which is to be associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account. A person over 18 can use an adult’s account with the permission of the account holder. However, the account holder is responsible for everything done with that account.

We may, at our absolute discretion, refuse to register a person or corporate entity as a User.

While using the FinNet’s Website, you will not:

i. post content or items in inappropriate categories or areas on our websites and services;

ii. infringe any laws, third party rights or our policies, such as the Code of Conduct

iii. fail to deliver payment for services delivered to you, unless the Consultant has materially changed the Consultant Service provided from the bid

iv. fail to deliver Consultant Services purchased from you, unless the Client fails to meet the terms, materially alters the terms of the Consultant Services from the project;

v. circumvent or manipulate our fee structure, the billing process, or fees owed to FinNet;

vi. post false, inaccurate, misleading, defamatory or offensive content (including personal information);

vii. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the FinNet’s Website);

viii. transfer your FinNet’s account (including feedback) and Username to another party without our consent;

ix. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

x. distribute viruses or any other technologies that may harm FinNet, the Website, or the interests or property of FinNet’s users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

xi. download and aggregate projects from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;

xii. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the FinNet Website;

xiii. copy, modify or distribute rights or content from the FinNet’s Website or FinNet’s copyrights and trademarks; or

xiv. harvest or otherwise collect information about Users, including email addresses, without their consent.

xv. not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.

xvi. to be fully responsible and liable for any action of any user who uses your Account.

xvii. not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.

xviii. not to allow any third party who is not authorized to do so to use your Account at any time.

xix. not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.

xx. not to intercept or expropriate any system, data or personal information from the Website.

xxi. not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.

xxii. that you have the right and authority to enter into the Terms of Service and to transact business hereunder.

xxiii. that you are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.

xxiv. that you will not use the Website or its services to defraud or mislead any person or entity, including without limitation FinNet or any Register User.

FinNet shall not be responsible or liable for any infringement of IPR of any User or third parties and it is specifically understood and agreed by the User that any infringement of IPR shall be dealt with by the aggrieved party as per the applicable laws. You are advised to educate yourself with respect to IPR infringement and applicable laws before agreeing and accepting to abide by the User Agreement..

For the purpose of this Agreement and attachments thereto and all renewals, “Confidential Information” means all financial, commercial, technical, operational, staff, management and other information, methods developed for analysis, verification and recruitment, data and know-how relating to the Website or to a party (the “Disclosing Party” either the Consultant or the Client) or, which may be supplied to or may otherwise come into the possession of the other (the “Receiving Party”, herein the User), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public.

The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party.

Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Website, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
All information and data submitted by the User shall become the property of the Website and all such information shall be disclosed in accordance with the Terms of Use.

The User has access to only his own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.

All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Website shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.

If the User is an unintended recipient, even if registered as a Consultant or Client and is using or accessing the Website to gain Confidential Information and if such an User has obtained access to the Confidential Information, it shall be a breach of this Agreement. Such unintended recipient shall be under strict obligation to keep the Confidential Information so acquired absolutely confidential. The Website in such an event be entitled to inquire and investigate and seek legal remedy against such unintended recipient including to seek temporary and permanent injunction.

We charge fees for Posting Projects from Clients and for placing bids from Consultants and a commission from the Consultant for completed Projects and Dispute Resolution Service Fee in case if User avail Dispute Resolution Service. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on posting projects) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.

We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by FinNet at any time, at the sole discretion of FinNet and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

You must also comply with your obligations under income tax provisions in your jurisdiction. You are responsible for paying any Direct or Indirect taxes, including any goods and services or value added taxes, which may be applicable to you. These taxes will be added to fees billed to you, if applicable.

We may display your company or business name, logo, images or other media, and public description of your Projects and profile as part of the FinNet’s Services and/or other marketing materials relating to the FinNet Website, except where you have explicitly requested that we do not do this and we have agreed to such request.

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that:

(1) we only act as a portal for the online distribution and publication of User content. We make no warranty that User content is actually made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content;

(2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and

(3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

i. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;

ii. will not violate any law or regulation;

iii. will not be defamatory or trade libellous;

iv. will not be obscene or contain child pornography;

v. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons

vi. will not contain material linked to terrorist activities

vii. will not include incomplete, false or inaccurate information about User or any other individual; and

viii. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of India. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and FinNet’s Services and may close your Account.

Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.

You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments, ratings, feedback, belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the FinNet feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of your Services via the Website. You may not use your Client or Consultant feedback in any real or virtual venue other than a website operated by FinNet or its related entities without our written permission.

Unless otherwise agreed with us, you must not advertise an external website, product or service on FinNet Website. Any website address posted on the Website, including in a project posting, bid, workspace, must relate to a project, user or service being performed on the Website. An example of a permissible website address would be a portfolio of work.

We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements/ promotions in the Website or your subsequent dealings with the Advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by FinNet or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

You must not post your email address or other contact information on the Website, except in the “email” field and other indicated fields of the signup form, at our request or as otherwise permitted by us on the Website.

Unless you have a prior relationship with a User, you must only communicate with Users via the Website, including by using the Project workspace, inbox private messaging. Unless we provide a User’s contact information through a feature or function available through the Website, you must not, and must not attempt to, communicate with other Users in respect of Projects through any other means such as email, telephone, Skype, ICQ, AIM, MSN Messenger, GTalk and Yahoo.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:

(1) provide further information to us, which may include your date of birth, photo identity, address proof and other information that will allow us to reasonably identify you;

(2) take steps to confirm ownership of your email address or bank account or financial instruments; or

(3) verify your information against third party databases or through other sources.

The details registered on your FinNet account must match the name on your documentation. You will be asked to confirm your details during the verification process before submitting them for review.

If you are unable to furnish information to acceptable level, FinNet may place an account limitation or suspend your account as a security measure. Falsifying your identity is a crime. FinNet may report users that provide false documentation.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or FinNet Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

If you are not FinNet verified, you may not be able to withdraw funds from your FinNet’s account, and other restrictions may apply.

The engagement, contracting and management of a project are between a Client and a Consultant. Upon acceptance of a quote, the Client agrees to purchase, and the Consultant agrees to deliver, the services and related deliverables in accordance with the following agreements:

(a) the agreement between Client and Consultant including the Project Bid, Project Description, and other terms and conditions as communicated between Client and Consultant on the Website or otherwise,

(b) these Terms of Service, and
(c) any other content uploaded to the Website by either party (collectively, the “Project Agreement”) . You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void.

Client is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner.

Consultant is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner.

Client and Consultant agrees to each covenant and agrees to act with good faith and fair dealing in performance of the Project Agreement.

Upon the Client awarding a project to the Consultant, and the Consultant’s acceptance on the Website or otherwise, the Client and Consultant will be deemed to have entered into a User Contract under which the Client agrees to purchase, and the Consultant agrees to deliver the Consultant’s Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Client or Consultant, or in any other uses you make of the Website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Consultants and Clients may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded.

Each User acknowledges and agrees that the relationship between Clients and Consultants is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between FinNet and the User.
FinNet is not a party to the dealing, contracting and fulfillment of any Project between the Client and the Consultant. FinNet has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Consultants to perform services, the ability of Client to pay for services, or that of Client or Consultant can or will actually complete a Project.

FinNet is not responsible for and will not control the manner in which a Consultant operates and is not involved in the hiring, firing, discipline or working conditions of the Consultant. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Client and a Consultant.

FinNet will not provide any Consultant with any materials or tools to complete any Project. Clients and Consultants must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.

Clients and Consultants each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Client and Consultant therefore agree that FinNet has the right to take actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as FinNet in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.

These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and FinNet, except and solely to the extent expressly stated.

Registered Users are responsible for payment and reporting of any taxes. FinNet is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You agree that you will abide by any and all applicable state and government tax statutes, regulations and common law. In the event FinNet receives a notice of non-compliance with any such statute, regulation or common law, FinNet will deem such receipt a breach of this section and will suspend your Account.

You may have funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Consultant, you may have funds if you have successfully completed a Project, and funds have been released to you.

Funds in your Account are held by us in our operating accounts held with reputable financial institutions. Funds in your Account are not held separately by us and may be commingled with our general operating funds and funds of other User’s Accounts.

You are not entitled to any interest, or other earnings for funds that are in your Account.
We may receive interest on funds held by us in our operating accounts (which may include funds in your Account) from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

If your Account has a negative amount of funds, we may:

i. set-off the negative amount of funds with funds that you subsequently receive into your Account;

ii. If you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency balance (at an exchange rate applied by us);

iii. reverse payments you have made from your Account to other User Accounts on the Website;

iv. deduct amounts you owe us from money you subsequently add or receive into your Account; or

v. immediately suspend or limit your Account until such time as your Account no longer has a negative amount.

In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

i. we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;

ii. the funds shown in your Account (which may include Projects Payments and/or any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Consultant Services through the Website and provision of the FinNet Services;

iii. to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;

iv. we are not acting as a trustee or fiduciary with respect to such funds or payments;

v. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;

vi. funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Consultant Services;

vii. we will hold funds in respect of the amount of your Account (including Project Payments) in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and

viii. we may commingle your funds with funds of other User’s and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.

If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction (e.g. paid a Project Payment using a stolen credit card) it will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.

We may also report to the relevant authorities and provide all information related to the fraudulent funds in your account.

We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:

i. we believe there may be a high level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;

ii. we believe that the beneficiary of the payment is someone other than you;

iii. we believe that the payment is being made to a country where we do not offer our Service; or

iv. we are required to do so by law.

If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account.

You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to a Membership fees, Project Payment or relates to fees or charges payable to us.

No refunds of membership fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

If the amount the User has asked to refund relates to:

(1)a Project Payment, the Dispute Resolution Process may be followed; or

(2) our fees and charges, the process set out in the Clause “Disputes with Us” must be followed.

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us. We may, in our sole discretion, use an alternative payment method in exceptional circumstances.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if:

(1) we are required by law or consider that we are required by law to do so;

(2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs;

(3) we refund funds to the User in accordance with any refund policy specified by us from time to time;

(4) we find out that the original payment made by the User is fraudulent;

(5) the User made a duplicate payment in error; or

(6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by using our Customer Support Centre or emailing us . If you have done so, you must not initiate a chargeback request with your credit card issuer until such time as all reasonable efforts have been exhausted with us to resolve your request.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

There is no minimum amount for a refund.

We impose a minimum withdrawal amount for funds earned. This is set out in our schedule of Fees and Changes.

You acknowledge and agree that we may seek to verify your identity or request additional information as required; we may require you to verify bank account details before you can withdraw funds from your FinNet account.

A chargeback (being a challenge to a payment that a Client files directly with their credit card issuer) and a reversal instruction is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow their instructions.

You acknowledge and agree that we will be entitled to recover chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Client through the Website.

You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors).

These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or FinNet as provided for under the terms of this section.

Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and all services shall stand terminated. You shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to FinNet and other Users for any service

Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if:

(1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website;

(2) we are unable to verify or authenticate any information you provide to us; or

(3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for FinNet or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.

When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.

We reserve the right to close an Inactive Account, User Accounts that have not been logged into for a continuous period.

We reserve the right to close an account with nil or negative funds.

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

i. if we determine that you have breached, or are acting in breach of, this User Agreement;

ii. if you under-bid on any Project in an attempt to renegotiate the actual price privately, avoiding fees;

iii. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;

iv. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;

v. you do not respond to account verification requests;

vi. you do not complete Bank account verification when requested

vii. our banking and payment relationships otherwise preclude us from conducting business with you;

viii. to manage any risk of loss to us, a User, or any other person; or

ix. for other similar reasons.

If we close your Account due to your breach of this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that:

(1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain;

(2) if you breach this User Agreement, we may impose a fine on you for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount; and

(3) we may release the entire (or part of the) amount of the fine from your Account to us.

If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

We do not operate an escrow service.

We do however allow controlled payments. Client can make a Project Payment, which will be locked from the Client’s Account and cannot be claimed by the Consultant until:

i. the Client and Consultant agree that the funds can be claimed by the Consultant;

ii. if there is a dispute, the Client and Consultant have concluded the Dispute Resolution Process and the Dispute is resolved in the Consultant’s favour;

iii. the Client instructs us to pay a Consultant for services performed by the Consultant in respect of a project; or

iv. the Client acknowledges that the Consultant has completed the services fully and satisfactory.

If a Client does not approve of the Consultant’s work product, the parties may elect to resolve the issue under the Dispute Resolution Process.

If we have not received any instructions from a Client in respect of a Project Acceptance/Review Feedback/Payment within Ten days after the day that the Project was submitted by Consultant for Client’s review and the Client has not logged into their Account during that time, the Project Payment will be unlocked and released to the Consultant.

If we have not received any instructions from a Consultant in respect of a Project Acceptance/Review Feedback/Payment within Ten days after the day that the Project was reviewed and marked complete by Client and the Consultant has not logged into their Account during that time, the Project Payment will be unlocked and released back to the Client.

To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if FinNet determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, FinNet has the right to refuse to process such request.

FinNet reserves the right, at its sole discretion, to place a hold on requested transfers if FinNet suspects’ monies may be subject to charge back, bank reversal, failure to clear or fraud. FinNet will release a hold as soon as practical.

FinNet is not your agent with respect to any funds that have been transferred to FinNet.

FinNet does not control whether Client or Consultant will actually complete the underlying transaction. FinNet is not responsible in any way for the timeliness or accuracy completion or workmanship of any work product produced by a Consultant as a result of an awarded Project.

You expressly acknowledge that

(a) FinNet is not acting as a trustee or a fiduciary of Clients or Consultants;

(b) FinNet is not a Financial Institute or a bank and any payments transferred through FinNet are not insured deposits and are subject to default, loss or forfeiture.

FinNet shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Your use of the FinNet constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account. Such payments, once authorized, are final. When an Client’s Acceptance of Project/Services has occurred,

(i) FinNet shall have no further liability to any party with respect to Payment for such services,

(ii) Client acknowledges that FinNet has provided a complete service in respect of the payment made by Client

(iii) Client hereby releases FinNet from any and all liability with respect to such Payment.

Fraudulent Transactions; Erroneous or Duplicate Transactions; Charge Backs. FinNet reserves the right to seek reimbursement from you, and you will reimburse FinNet, if FinNet discovers a fraudulent transaction, erroneous or duplicate transaction, or if FinNet receives a charge back or reversal from any Client’s credit card company, bank, or a Payment Gateway for any reason. You agree to and acknowledge FinNet’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by FinNet in an effort to investigate fraud. You agree that FinNet has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.

Currency: FinNet operate in INR and therefore FinNet is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than INR, nor is FinNet responsible for currency fluctuations that occur when receiving or sending payment via check , NEFT Transfer , credit card account.

As a Client, you agree to notify FinNet immediately if your Consultants solicits payment from you outside the Website. As a Consultant, you agree to notify FinNet immediately if your Client seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention, please submit a confidential report to FinNet by sending an email to FinNet Customer Support.

If, for any reason, FinNet does not receive payment for any amounts that are due to FinNet, you agree to pay such amount immediately upon demand by FinNet. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by FinNet in collecting from you the authorized but unpaid amount. In such case, FinNet may, at its option, stop processing any further payments made by you and apply any amounts then held by FinNet on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the FinNet. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

This Policy sets out the Dispute Resolution process to resolve a dispute between Client and Consultant. We will like if clients settle their differences and disputes amongst themselves, if possible, without any third party interference. Clients can refer the dispute to us only after they have independently made an effort to resolve the dispute and for some reasons they are not able to resolve the dispute and need our support and assistance.

The intent of this Dispute Resolution Policy is to facilitate a negotiated settlement between the client with the help of our Dispute Resolution Mechanism mentioned below.

Please refer to Fees and Charges for the Dispute Resolution Fees.

You agree and acknowledge that

(1) FinNet will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute and

(2) you are solely responsible for the receipt of any notification or communication sent by FinNet using the e-mail address corresponding with your Account registered at the time a dispute arises.
You agree and acknowledge that

(1) FinNet is not providing legal services to you,

(2) FinNet will not advise you regarding any legal matters and

(3) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on FinNet for any such counsel.

You agree to indemnify and hold harmless FinNet and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service.

The Dispute Resolution Team

Both parties of the Dispute case can elect to have their dispute settled under the conciliation process of the FinNet. The role of the Dispute Resolution Team extends to making all actions necessary to resolve the case in an impartial and evidential manner. You acknowledge that the verdict of the Dispute Team is final, binding, and irreversible.

Dispute Resolution Process

Stage 1 – Identifying the issue

The complainant should select the Project to be disputed. After which, a description of the issue and an explanation of why the dispute is being opened should be given. Users are encouraged to attach any files that could support their claims.

Stage 2 – Submissions and Evidence

Upon the Parties agreeing to settle the dispute by way of Conciliation by the FinNet Dispute Resolution Team, you agree to allow the FinNet’s Dispute Team to read all correspondence made on the FinNet Website and download or access, and test (if necessary), all uploaded files, programs, and websites related to the dispute for the sole purpose of having your dispute resolved. In rendering its decision, the conciliator shall only be obligated to consider the following:

(i) the Project Agreement,

(ii) the parties’ course of dealings, as evidenced by activity on or communications through the Website,

(iii) the Project itself and

(iv) any information or communication that the Client and the Consultant agree should be considered. You are highly encouraged to submit all the documents that would support your claims on your dispute. Submit e-mail correspondences as screenshots or as *.eml files. If submitting screenshots, ensure that the “To”, “From”, and the “Date” bar is visible. E-mail correspondences sent in *.txt or *.doc or any word processing software will not be honoured. For proof of external correspondence, users should provide screenshots of their entire unedited conversation.

At any stage of the conciliation proceedings, the conciliator may request a party to submit to him such additional information as he deems appropriate and Parties shall provide the products, and other files relating to the project and the dispute.

FinNet will retain the confidentiality of the project and the privacy of the involved users and will not release the collected information to any party unless required by law.

Stage 3 – Conciliation

Role of Conciliator.-

(1) The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.

(2) The conciliator shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute.

(3) The conciliator may conduct the conciliation proceedings in such a manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute.

(4) The conciliator-may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals shall also be proposed on the FinNet Website and need not be accompanied by a statement of the reasons therefor.

Co-operation of parties with conciliator – The parties shall in good faith co-operate with the conciliator and, in particular, shall endeavour to comply with requests by the conciliator to submit written materials, provide evidence and attend meetings, if required.

Suggestions by parties for settlement of dispute – Each party may, on his own initiative or at the invitation of the conciliator, submit to the conciliator suggestions for the settlement of the dispute.

Settlement Agreement –

(1) When it appears to the conciliator that there exist elements of a settlement which may be acceptable to the parties, he shall formulate the terms of a possible settlement and submit them online to the parties for their observations. After receiving the observations of the parties, the conciliator may reformulate the terms of a possible settlement in the light of such observations.

(2) If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement. If requested by the parties, the conciliator may draw up, or assist the parties in drawing up, the settlement agreement.

(3) When the parties sign the settlement agreement, it shall be final and binding on the parties and persons claiming under them, respectively.

(4) The conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties.

Status and effect of Settlement Agreement – The settlement agreement shall have the and effect as if it is an arbitral award on agreed terms on the substance of the dispute rendered by an arbitral tribunal.

Confidentiality – Notwithstanding anything contained in any other law for the time being in force, the conciliator and the parties shall keep confidential all matter relating to the conciliation proceedings. Confidentiality shall extend also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement.

Termination of conciliation proceedings

The conciliation proceedings shall be terminated –

(a) by the signing of the settlement agreement by the parties; on the date of the agreement; or

(b) by a declaration of the conciliator, after consultation with the parties, in the effect that further efforts at conciliation are no longer justified, on the date of the declaration; or

(c) by a declaration of the parties addressed to the conciliator on the FinNet website to the effect that the conciliation proceedings are terminated, on the date of the declaration; or

(d) by a declaration on the FinNet website of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated, on the date of the declaration.

Resort to arbitral or judicial proceedings

The parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject- matter of the conciliation proceedings except that a party may initiate arbitral or judicial proceedings, where, in his opinion, such proceedings are necessary for preserving his rights.

Admissibility of evidence in other proceedings.- The parties shall not rely on or introduce as evidence in arbitral or judicial proceedings, whether or not such proceedings relate to the dispute that is the subject of the conciliation proceedings,-

(a) views expressed or suggestions made by the other party in respect of a possible settlement of the dispute;

(b) admissions made by the other party in the course of the conciliation proceedings;

(c) proposals made by the conciliator;

(d) the fact that the other party had indicated to accept a proposal for settlement made by the conciliator.

You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.

If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a project we encourage you to contact us and resolve the dispute.

In relation to disputes with any other users of the Website, you hereby agree to indemnify FinNet from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Dispute Resolution Services for Payments and/or for Other Disputes.

If a dispute arises between you and FinNet, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution to the dispute by way of negotiation. If at all we are not able to resolve the dispute by way of direct negotiation, we agree to resolve the dispute under our Dispute Resolution Policy.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, FinNet will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

FinNet’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.

You agree that you will not use any robot, spider, scraper or other automated means to access the FinNet Website for any purpose without our express written permission.
Additionally, you agree that you will not:
i. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
ii. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the FinNet Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
iii. copy, reproduce, modify, create derivative works from, distribute, or publicly display any
content (except for your information) from the website’s without the prior express written permission of FinNet and the appropriate third party, as applicable;
iv. interfere or attempt to interfere with the proper working of the website’s, services or tools, or any activities conducted on or with the website’s, services or tools; or
v. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

You may close your Account at any time by contacting FinNet’s Customer Support
Account closure is subject to:
i. not having any outstanding Project posting on the Website; and
ii. resolving any outstanding matters (such as a suspension or restriction on your Account); and
iii. paying any outstanding fees owing on the Account.

We use your information as described in the FinNet Privacy Policy. If you object to your information being transferred or used in this way then you may not use our services.

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the FinNet Website and Services.

You agree to defend, hold harmless and indemnify FinNet from and against any and all losses, costs, expenses, damages or other liabilities incurred by FinNet from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against FinNet:

(1) in connection with your use of the Services including any payment obligations incurred through use of the Website; or

(2) resulting from:

(a) your use of the Website

(b) your decision to supply credit information via the Website, including personal financial information;

(c) your decision to submit postings and accept offers from other Registered Users;

(d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website;

(e) your breach of any provision of these Terms of Service;

(f) any liability arising from the tax treatment of payments or any portion thereof;

(g) any negligent or intentional wrongdoing by any Registered User;

(h) any act or omission of yours with respect to the payment of fees to any Consultants;

(i) your dispute of or failure to pay any Invoice or any other Payment;

(j) your obligations to a Consultant. Any such indemnification shall be conditioned on our:

(i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof;

(ii) cooperating with you in the defense or settlement thereof; and

(iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize FinNet to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.

You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account or the FinNet Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.

FinNet Website may contain links to third-party web sites not under the control or operation of FinNet. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.

You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on FinNet’s part to store, backup, retain, or grant access to any information or data for any period.

The services provided by FinNet or our third-party service providers are provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the website by any third party.

We do not offer any form of insurance, or other Client (Buyer) or Consultant (Seller) protection.

Because User identification on the internet is difficult, we cannot and do not confirm each User’s purported identity. We may provide information about a User’s rating, geographical location, However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidently by us or accidentally or purposefully by a third party.
Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
i. the Website or any Consultant Services or FinNet Services;
ii. the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Consultant Services or FinNet Services;
iii. whether the Website or Consultant Services or FinNet Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
iv. whether defects in the Website will be corrected;
v. whether the Website, the Consultant Services or the FinNet Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Consultant Services or FinNet Services;
vi. any third party agreements or any guarantee of business gained by you through the Website, Consultant Services or FinNet Services or us; or
vii. the Website, Consultant Services or FinNet Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
i. any indirect, special, incidental or consequential damages that may be incurred by you;
ii. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
iii. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

If You enter into correspondence or engage in commercial transactions with third parties in connection with Your use of the Services, such activity would be solely between You and the third party. FinNet shall have no liability, obligation or responsibility for any such activity.

Legal notices must be served on FinNet (in the case of FinNet) or to the email address you provide to FinNet during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given fifteen (15) days after the date of mailing.
Any notices to FinNet must be given by registered ordinary post (or if posted to or from a place outside India, by registered airmail).

This Agreement will be governed in all respects by the laws prevalent in India. We encourage you to try and resolve disputes using our Dispute Resolution Policy. If a dispute cannot be resolved then you or FinNet may proceed to resolve the dispute by the way of arbitral proceedings under the Arbitration and Conciliation Act, 1996. The courts in Mumbai, India will have the exclusive jurisdiction to adjudicate all disputes.

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of FinNet, and any attempt to do so will be null and void. FinNet may assign these Terms of Service in its sole discretion.

Except for the payment of fees to FinNet, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

You are responsible for compliance with applicable Indian laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.

FinNet will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of FinNet. No delay or omission by FinNet in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using ‘Contact Us’.
These “Terms of Use” and “Privacy Policy” of the Website constitute a binding agreement between You and the Website, and is accepted by You upon Your use of the Website.

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