Terms and Condition

These terms of use (“Terms”) govern the conditions under which content creators (“You” or “Your” or “Yourself” or “User”) access and register on the mobile application Finky owned and operated by Finky Global Private Limited (“Company”), located at SCO 202, TAU DEVI LAL COMPLEX, OPPOSITE HOTEL OSCAR RESDAN, Jagadhri, Yamunanagar, Haryana 135001, collectively referred to as (“the Platform”), to utilize the Services (as defined below) provided by the Company.

These Terms constitute an electronic record in accordance with the Indian Contract Act, 1872; The Information Technology Act, 2000 and applicable rules made thereunder. They are published in compliance with Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and generated by a computer system, thus not necessitating any physical, electronic, or digital signatures.

Prior to utilizing the Platform or accessing any material or information through it, please carefully review the Terms and Privacy Policy (“Privacy Policy”). By accessing the Platform as a User, You acknowledge and accept these Terms and the Privacy Policy, legally binding Yourself to the same. Furthermore, by providing Your Personal Information (as defined in the Privacy Policy) (“Personal Information”) to the Company or consenting to the Company’s access to Your Personal Information for the provision of Services (as defined below), You confirm Your interest in availing the Services through the Platform in accordance with these Terms.

IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS STATED HEREIN, PLEASE REFRAIN FROM USING THE PLATFORM OR SERVICES.

Applicability

These Terms apply to You only if You have created an account on the Platform (“Account”) by providing the necessary information as detailed further in Our Privacy Policy.

Eligibility to Use

(i) You are eligible to avail Services on the Platform upon registering with Us as a User and holding an Account as detailed in Clause 3 below, and upon executing a service agreement with the Company (“Service Agreement”).
(ii) The Services are not accessible to minors, i.e., individuals under the age of 18 (eighteen) years, or to Users suspended or removed by the Company for any reason. By using the Platform, You confirm that
(a) You are at least 18 years old; or
(b) if You represent a corporation, it is duly organized, validly existing, and in good standing under the applicable laws, and You are fully authorized and competent to enter into and abide by the Terms and Conditions. Account registration and creation on the Platform are solely available to individuals capable of forming legally binding contracts under the Indian Contract Act, 1872.
(iii) We reserve the right to provide Services only to Users who:
(a) can enter into legally binding contracts,
(b) have made the representations as mentioned above, and
(c) also meet the internal policy(ies) requirements, determined solely by Us from time to time. We retain the sole discretion to modify, add, or remove internal policy(ies) related to the provision of Services at any time by providing prior written notice or intimation to the Users.
(iv) You may not maintain more than one active Account on the Platform. Moreover, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other individual to create an Account on the Platform.
(v) You acknowledge and agree that the Company permits You to register on the Platform based on a preliminary review of the information provided by You during the Account creation. The Company does not undertake any fact-finding or verification process to evaluate the accuracy of the information provided by You or based on Your subsequent usage of the Platform, including but not limited to the content shared by You.
(vi) By accessing the Platform or utilizing the Software or any Services, You confirm that You have read, understood, and accepted these Terms and have executed the Service Agreement, binding Yourself to them. If You will be using the Services on behalf of an organization, You agree to these Terms on behalf of that organization, representing that You have the authority to do so.

User Account Registration

(i) Certain sections of the Platform may be browsed without having an Account. However, to avail the Services on the Platform, You must create an Account by providing the necessary information as required by the Company, as outlined in the Privacy Policy. This information may include proof of identification, as prescribed by the Company from time to time. You can create Your Account on the Platform by entering the one-time verification password sent by the Company to the phone number provided by You on the Platform.
(ii) You must ensure that the Account information and all provided information are complete, accurate, and up-to-date. If any changes occur in the Account information, or if any information is found to be incomplete or incorrect, You must promptly update Your Account information on the Platform or request the Company for information revision or update. Providing untrue, inaccurate, unauthorized, outdated, or incomplete information, or if the Company has reasonable grounds to suspect the same, may result in the Company refusing any and all Services to You.
(iii) You are responsible for maintaining the confidentiality of Your Account information, safeguarding the password or credentials used to access the Service, and for any activities or actions under Your Account. Strong passwords (using a combination of upper and lower-case letters, numbers, and symbols) are encouraged for Your Account and any other accounts connected to Your Account, such as Your Accounts with other social media platforms.
(iv) You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You log out from Your Account at the end of each session. The Company will not be liable for any loss incurred due to unauthorized use of Your Account, whether or not You were aware of such use.
(v) You may be held liable for losses incurred by the Company or any other User or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure to keep Your Account information secure and confidential.
(vi) Deleting the Platform from Your device does not terminate Your Account. To complete the deregistration of Your Account (“De-registration”), upon Your written request, We shall remove all Your information. However, certain information regarding Your Account may be retained by Us, as required by applicable laws, or if such information is non-personally identifiable and aggregated. Removal of Your details from the Platform does not terminate Your outstanding obligations, if any, to the Company.
(vii) The information collected during Your Account creation or processed for availing the Services will be governed by Our Privacy Policy.

Services

Services provided to You by the Company through the Platform include the following (“Services”):
(i) A limited, non-exclusive, non-transferable, royalty-free license to use the Platform for registering on the Platform by creating an Account and accessing the Software.
(ii) Access to digital products/tools in the form of Software as a service (“Software”) allowing You to create or share content and generate or access links/sub-domains to third-party social media platforms, enabling You to make such content available to third-party users on such platforms (“Third Party Platforms”).
(iii) Opportunity to monetize Your services to third-party users by assisting with payment facilitation, either directly acting as Your collection agent or in association with other third-party payment aggregators or intermediaries. These services are collectively referred to as the “Services”. The Company may, at its discretion, add, modify, or remove any of the Services listed above without special notice to You.
(iv) All Services on the Platform are provided on a principal-to-principal basis between You and the Company. Nothing herein is intended to constitute the relationship of a principal and agent, employer and employee, partners, joint venture, co-owners, or otherwise as participants in a joint undertaking or representative of the other for any purpose whatsoever.

Update of Terms and Conditions

(i) Your use of the Platform is subject to the Terms, which may be updated, amended, modified, or revised by Us from time to time without notice to You and subject to the terms of the Service Agreement. To ensure that You are informed of any additions, revisions, amendments, or modifications We may make to these Terms, it is important to refer to them periodically. You can check when these Terms were last modified by referring to the “Last Updated” legend.
(ii) Updated Terms are effective immediately and supersede the previous ones. It is Your responsibility to periodically check these Terms for changes. Your continued use of the Services after amendment of the Terms signifies Your consent to such amendment, and agreement to be legally bound by them.
(iii) Any reference to the Terms shall refer to the latest version of these Terms.

Rules and Conduct

(i) As a condition of use, You agree not to use the Services for any purpose prohibited by the Terms, or other rules or policies implemented by Us from time to time, or in violation of any applicable laws.
(ii) For instance, You shall not (and shall not permit any third party to) take any action on the Platform that: (i) constitutes a violation of any applicable law, rule, or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, fraudulent, deceptive, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account on the Platform at any time, with or without notice to the User, for any reason.
(iii) Additionally, You shall not share any information on the Platform or through links to Third Party Platforms created using the Software that:
(a) may be harmful to minors or children below the age of 18 (eighteen) years;
(b) threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or insults any other nation;
(c) is invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner;
(d) harms minors in any manner;
(e) infringes any patent, trademark, copyright, or other proprietary rights; (f) violates any laws currently in force; and
(g) impersonates any person.
(iv) Furthermore, You shall not (directly or indirectly) on the Platform or through links to Third Party Platforms created using the Software:
(a) take any action that imposes or may impose an unreasonable or disproportionately large load on the Company’s (or its third-party providers’) infrastructure;
(b) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on it;
(c) bypass any measures We may use to prevent or restrict access to the Platform (or parts thereof);
(d) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction;
(e) modify, translate, or otherwise create derivative works of any part of the Platform; or
(f) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
(v) You will not access the Platform, its Services, or the personal information of other Users available on the Platform to build a similar or competitive application, product, or service.
(vi) You agree to immediately notify Us of any unauthorized use or suspected unauthorized use of Your Profile, or any other breach of security, in relation to Your personal information on the Platform.
(vii) One Account shall not be used by more than one User. Any use of an Account by a third party would be considered unauthorized usage. The Company reserves the right to disable any such Account on the Platform.

Profile Ownership and Editing Rights

(i) We facilitate easy access to Users by providing a tool to update Your profile information. We reserve the right to moderate the changes or updates requested by You, independently deciding whether to publish or reject the requests submitted for the respective changes or updates in Your profile.
(ii) You represent and warrant that You are fully entitled, under applicable law, to provide information as part of Your profile or otherwise while using Our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, We may modify or delete parts of Your profile information at Our sole discretion, with or without notice to You. Excluding Your Account information, You acknowledge that the Platform, the entire Company Content, Services, and all intellectual property rights, including copyrights, patents, trademarks, designs, and trade secrets in relation to the above, are solely owned by Us.

Rights and Obligations relating to the usage of the Platform

(i) Users are prohibited from engaging in any illegal acts on the Platform or through links to Third Party Platforms created using the Software, including but not limited to the acts listed below:
a) Violating or attempting to violate the integrity or security of the Platform.
b) Transmitting any disruptive or competitive information through the Platform.
c) Intentionally submitting incomplete, false, or inaccurate information on the Platform.
d) Using any engine, software, tool, agent, or other device to navigate or search the Platform or any Third Party Platform.
e) Circumventing or disabling any digital rights management, usage rules, or other security features of the Platform. Any unlawful activities on the Platform prohibited by the laws of India.
(ii) Upon knowledge or written notification of Your violation of these Terms, the Company is entitled to disable Your Access to the Account and use of Services. We may also preserve such information and associated records for at least 90 (ninety) days, or a shorter period as prescribed by law, for production to governmental authorities for investigation purposes. In case of non-compliance with these Terms, any applicable laws, rules, or regulations, the Service Agreement, or the Privacy Policy by a User, We have the right to immediately terminate Your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.
(iii) We may disclose or transfer User-generated information to Our affiliates or governmental authorities as permitted or required by applicable law, and You hereby consent to such transfer. In accordance with applicable laws, We shall transfer sensitive personal data or information to any other body corporate or person in India or located in any other country, ensuring the same level of data protection adhered to by Us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.

Third Party Services

(i) While availing Services, Users may connect with third-party service providers. The Company does not endorse any third-party services mentioned on the Platform and shall not be responsible for any acts or omissions of third parties. Any transactions, dealings, or communication that the User may have with such third parties are at the User’s own risk, and We make no warranties, express or implied, regarding the quality or suitability of the services or products of such third-party vendors.

Confidentiality

(i) The Parties may disclose to each other and their designated agents and/or advisors Confidential Information as required for the performance of the Services and execution of a Campaign.
(ii) Each party undertakes to keep confidential the terms of the Service Agreement and any Confidential Information supplied by either party in connection with the Service Agreement or in connection with the business of the other and in connection with the Services and Campaign. Such information shall only be disclosed with the other party’s prior written consent, except for information rightfully in the possession of the receiving party prior to the negotiations leading to the Service Agreement or which is in the public domain.

Use of Your Information and Content Displayed on the Platform or Third Party Platforms

We value your privacy and will handle your information with care. Please review our Privacy Policy for details on how we collect, use, and disclose your personal information. Your information will be used only as permitted by our Privacy Policy and applicable law.

We reserve the right to manage, delete, or store all information and materials posted or uploaded through our services. While we strive to ensure the security and availability of your data, we cannot be held responsible for factors beyond our control, such as third-party server failures.

You acknowledge that we may preserve and disclose your information if required by law or in good faith to protect our rights, respond to legal requests, prevent fraud, or ensure the safety of our platform and users.

Intellectual Property Rights

All content on our platform, including text, graphics, and code, is owned by Finky Global Private Limited and protected by copyright and other intellectual property laws.

The trademarks and logos displayed on our platform are the property of Finky Global Private Limited or respective third parties. You may not use these marks without prior consent.

Limitation of Liability

To the fullest extent permitted by law, Finky Global Private Limited, its directors, employees, and partners shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of our services. We do not guarantee the accuracy, availability, or security of our platform or services.

Disclaimer

We are not obligated to store or maintain any information or content you provide on our platform. You are responsible for the accuracy of the information you provide and for complying with applicable laws.

Indemnification

You agree to defend and indemnify Finky Global Private Limited and its affiliates against any claims arising from your use of our services or violation of these Terms.

Suspension and Termination

We reserve the right to suspend or terminate your access to our platform if you violate these Terms or misuse our services. We may also terminate your account for any reason, with or without notice.

Upon termination, we may delete any content associated with your account, except where required for tax or regulatory purposes.

Exemptions to Liability of Finky Global Private Limited

Finky Global Private Limited shall not be liable for any delays or failures to provide services due to circumstances beyond our control, including your failure to cooperate or provide accurate information.

Governing Law and Jurisdiction

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.

General Provisions

Notices under these Terms shall be in writing and deemed received when delivered or electronically confirmed.
You may not assign these Terms without our consent. No agency or employment relationship is created between you and Finky Global Private Limited.

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in effect.

Modification

We reserve the right to change, modify, or amend our platform or services at any time. Your continued use constitutes acceptance of these changes.

Support

For assistance, contact support@finky.in. We aim to address complaints within 24 hours and resolve them within 15 days.
Suggestions by the Company are not warranties.

Contact

If you have questions about our services, contact us at support@finky.in. Provide necessary information for validation and service requests.
Copyright © Finky Global Private Limited. All rights reserved.