At FinUjjwal (“FinUjjwal”), we are committed to increasing financial literacy amongst our Indian women and providing them the power to make effective decisions for social and economic upliftment for them and their families. We pride ourselves on being a completely transparent and user-centric platform. Given this, we would request you to review these terms of use (“Terms”) thoroughly and satisfy yourself on the conditions of use prior to accepting our services.
The Terms, detailed below, lay forth the provisions governing your access to, and use of the Services (defined hereinafter) provided by FinUjjwal. By proceeding to create an account with FinUjjwal, in order to avail the Services, you unconditionally acknowledge that you have read, understood and agreed to be bound by the Terms detailed herein. It is further clarified that, by clicking “I accept”, you agree to be bound by these Terms, as may be amended by us from time to time. If you do not agree to these Terms, please refrain from using the Services.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. Please make sure you read these Terms along with our Privacy Policy (the “Privacy Policy”). Your use of the Services shall be deemed to constitute your consent to be legally bound by these Terms and the Privacy Policy, incorporated by reference herein.
“Affiliate” means all entities which are controlling, controlled by or under common control with a party. For the purposes of these Terms, "control" shall mean possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of voting rights, by contract or otherwise.
“Applicable Law” shall mean any: (i) statute, statutory instrument, bye-law, order, directive, decree or law (including any common law, judgement, demand, order or decision of any court, regulator or tribunal); (ii) any legally binding rule, policy, guidance or recommendation issued by any governmental, statutory or regulatory body; and/or (iii) legally binding industry code of conduct or guideline, which relates to these Terms and the Services.
“Authorised Payment Method” shall mean a current and valid payment method that is accepted by FinUjjwal for the Services, as may be updated by the User from time to time.
“Beta Services” shall mean services or functionality that may be made available to the User by FinUjjwal to try at its option at no additional cost which is clearly designated as beta, pilot, limited release, developer preview, evaluation or any similar description.
“Disclosing Party” shall mean the party sharing or transmitting Confidential Information related to that party to the other party.
“Effective Date” shall mean the date on which the User accesses the Services.
"Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
“Know-How” means formulae, methods, plans, inventions, discoveries, improvements, processes, performance methodologies, techniques, specifications, technical information, tests, results, reports, component lists, manuals and instructions.
“Receiving Party” shall mean the party receiving and/or using Confidential Information belonging to the other party and as such, required to protect such Confidential Information.
“Services” shall mean the products or offerings that are provided by FinUjjwal to the User.
“Service Fees” shall mean the fees to be paid by the User to access the Services that are provided by FinUjjwal to the User.
“Terms” shall mean these Terms of Use and includes the Privacy Policy by reference.
“Termination Date” shall mean the date on which these Terms expire or terminate for any reason whatsoever.
“User” shall mean the natural persons who are duly authorized by FinUjjwal to access and use the Services for the purposes defined in these Terms.
“User Data” shall mean the electronic data provided or made available by the User to the Services and for the Services.
FinUjjwal offers its Services on the basis of the most current version of these Terms. Please note that before using our Services for the first time you must accept these Terms. The registration and use of our Services is prohibited without your consent to our Terms.
FinUjjwal explicitly reserves the right to make any future changes to these Terms. Such changes may be necessitated to comply with statutory requirements, correspond to technical and economic requirements, or meet the interests of our Users. These changes may be undertaken at any point in time and will be displayed to the User on their next use of the App.
To access the Services, the User will need to create an account with FinUjjwal and pay the specified Service Fees, as detailed on the website. The creation of the FinUjjwal account will enable the User to register for the Services. The FinUjjwal account created by the User shall be the interface between the User and the Services sought to be availed by the User.
During the creation of the FinUjjwal account, the User may be required to provide FinUjjwal with certain information, including personal information. FinUjjwal may apply certain proprietary methodologies for analysis, processing and transmission of such information submitted by the User for provision of the Services. The collection, aggregation and analysis of such information enables FinUjjwal to provide the Services to you. For details about how FinUjjwal collects and uses such User information, please see our Privacy Policy.
By registering, the User declares the binding offer to conclude a contract with FinUjjwal on the use of the Services on the basis of the most recent version of these Terms that the User explicitly accepts.
The activation of the account created by the User is confirmed directly after registration through a SMS on the registered mobile number, upon receipt of Service Fees from the User. FinUjjwal reserves the right to reject individual Users without stating a reason. In such a case any payments already made will be reimbursed and User Data provided, will be deleted immediately.
On registration, the User confirms that they are of legal age under Indian law and as such, applicable law permits them to conclude contracts. Only individuals with legal capacity are permitted to register.
Minors are only permitted with the explicit agreement of a parent/guardian. A scanned copy of this written consent must be sent to support@finujjwal.com. With the registration, the parent/guardian declares they are entitled to submit legally binding declarations in the name of the minor.
Upon registration, the User confirms their acknowledgement and unconditional acceptance of these Terms and that their information is true, correct, up-to-date, and complete. It is clarified that the Users shall be liable and also obliged to regularly update their personal information.
If the User provides false, incorrect, out-of-date, or incomplete information or FinUjjwal has reasonable apprehension for believing that the information is false, incorrect, out-of-date, or incomplete, then in such cases FinUjjwal shall be entitled to block such User from accessing the Services with immediate effect without prior notice.
The User must protect their registration data from unjustified access by third parties, abuse, or use with fraudulent intent. If there is even a suspicion that the User account has been exposed to such a risk, then this must be notified without delay to support@finujjwal.com.
The User’s access to the Services provided by FinUjjwal is conditional on the receipt of the Service Fees from the User. The Service Fees detailed on the website are subject to periodic change. It is clarified that (i) Service Fees paid by the User are non-refundable; and (ii) Service Fees are based on Services purchased and not actual usage.
The subscription term for the Services shall commence on the date that FinUjjwal receives and acknowledges receipt of the Service Fees. Unless otherwise specified, the subscription term shall be for a period of 1 (one) year only. Please note that the specific duration of your subscription term will be provided in the order form generated upon receipt of Service Fee by FinUjjwal from the User.
In order to process the Service Fees, FinUjjwal may require the User’s bank account details, credit card details and unified payment interface user ID, as may be applicable. The User must review FinUjjwal’s Privacy Policy to understand how FinUjjwal will use the User Data provided by the User.
The Services provided by FinUjjwal are subject to certain pre-requisites that must be functional for the effective use of the Services.
In order to access the Services, FinUjjwal hereby grants the User a limited, non-exclusive, non-commercial, non-sub-licensable and revocable license to avail the Services (including the platform). Any unauthorised use of the Services shall lead to the immediate revocation of the Services and deletion of the User account with FinUjjwal.
The User acknowledges that all information provided by the User to the FinUjjwal platform is entered manually by the User and FinUjjwal shall not be liable for any incorrect data input to the FinUjjwal platform.
Beta Services: From time to time, FinUjjwal may make certain Beta Services available to the user at no charge. The User may choose to try such Beta Services or not in its sole discretion.
These Terms will remain in full force and effect for the duration of the Subscription Term, unless terminated by the parties in accordance with these Terms.
FinUjjwal shall have the right to terminate these Terms for convenience by providing 30 (thirty) days’ written notice to the User.
Each party shall have the right to terminate these Terms if the other party breaches a material obligation under these Terms and such breach remains uncured for a period of thirty (30) days from the date such breach is notified to the breaching party.
On termination of these Terms, FinUjjwal reserves the right to immediately terminate the subscription of the Services to the User. After a 30 (thirty) day period from the date of termination of these Terms, FinUjjwal shall have no obligation to maintain or provide any User data and shall thereafter, unless legally prohibited, delete all User data in its systems or otherwise in its possession or under its control. In cases where the User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of such User data before terminating the subscription.
Definition of Confidential Information: “Confidential Information” shall mean all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of User includes User Data; Confidential Information of FinUjjwal includes the Services and the terms and conditions of these Terms. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without knowledge of any breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Protection of Confidential Information: As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ who need that access for purposes consistent with these Terms and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein.
Compelled Disclosure: The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
FinUjjwal Indemnity: FinUjjwal shall indemnify, hold harmless and, defend the User from and against any and all final court awarded damages that are attributable to claim by a third party indicating that the Services infringe such third party intellectual property rights; provided that: (a) the User gives FinUjjwal prompt notice in writing of any such suit and permits FinUjjwal, through counsel of its choice, to answer the charge of infringement and defend such claim or suit; (b) the User provides information, assistance and authority to enable FinUjjwal to defend such suit; and (c) FinUjjwal shall not be responsible for any settlement made by the User without FinUjjwal’s prior written permission provided however, that such permission shall not be unreasonably withheld.
User Indemnity: The User will defend, indemnify, and hold harmless FinUjjwal, its corporate affiliates, or any of its or their respective directors, officers, owners, employees, agents, successors, and permitted assigns from and against any and all third-party claims, suits, proceedings, costs, and expenses (including, without limitation, attorneys’ fees) arising from or related to the User’s (a) breach of the confidentiality obligations, breach of intellectual property provisions and breach of representation and warranties provisions herein; (b) violation of any applicable law; and (c) willful misconduct and gross negligence.
FINUJJWAL RETAINS ALL RIGHT, TITLE, INTEREST IN AND TO THE FINUJJWAL SERVICES, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS. NO RIGHTS ARE GRANTED TO THE USER OTHER THAN THE RIGHTS EXPRESSLY GRANTED IN THESE TERMS. NOTHING IN THE TERMS CONSTITUTES A WAIVER OF FINUJJWAL’S INTELLECTUAL PROPERTY RIGHTS UNDER ANY STATUTE OR LAW.
THE FINUJJWAL SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WITHOUT LIMITING THE FOREGOING, FINUJJWAL EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY SITE OR SERVICES INCLUDING ANY WARRANTIES OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FINUJJWAL MAKES NO, AND DISCLAIMS ANY, WARRANTY THAT ANY SITE OR SERVICES WILL MEET THE USERS REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FINUJJWAL MAKES NO, AND DISCLAIMS ANY, WARRANTY REGARDING THE QUALITY OF ANY SITE OR SERVICES, OR TO THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY THEREOF. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION THE USER MAY RECEIVE FROM FINUJJWAL OR THROUGH FINUJJWAL AT ANY TIME. THE USER HEREBY RELEASES FINUJJWAL FROM ANY DAMAGES, CLAIMS OR OTHER CAUSES OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO ANY SITE OR SERVICES.
WITHOUT LIMITING THE FOREGOING, FINUJJWAL FURTHER DISCLAIMS ANY WARRANTIES THAT ANY SITE AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USERS USE OF ANY SITE AND SERVICES IS AT THE USERS OWN RISK, AND THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USERS COMPUTER OR MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM THE USERS USE OF ANY SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY FINUJJWAL SHALL CREATE ANY WARRANTY. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
NO CONTENT PUBLISHED ON ANY SITE OR THROUGH THE SERVICES, CONSTITUTES A RECOMMENDATION, ENDORSEMENT OR OPINION ON BEHALF OF FINUJJWAL. THE USER AGREES AND CONFIRMS THAT FINUJJWAL DOES NOT, AND DOES NOT INTEND TO, MAKE ANY INQUIRIES OF ANY USER, PERSON OR ENTITY OR VERIFY THE INFORMATION ANY USER, PERSON AND/OR ENTITY SUBMITTED OR PROVIDED WHILE USING ANY SITE AND/OR SERVICES.
BY USING THE SERVICES, THE USER REPRESENTS AND WARRANTS THAT THE USER HAS HAD THE OPPORTUNITY TO CONSIDER THE RISKS AND BENEFITS OF THE USE OF THE SERVICES, AND THAT THE USER HAS PROVIDED VOLUNTARY INFORMED CONSENT TO USE THE SERVICES AND PROVISION OF THE SERVICES TO THE USER.
IN NO EVENT SHALL FINUJJWAL BE LIABLE TO THE USER FOR ANY LOST OR CORRUPTED DATA, DOWNTIME, INTERRUPTION OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, NEGLIGENCE ANDIN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF FINUJJWAL, FOR ALL CLAIMS ARISING OUT OF OR UNDER THESE TERMS, EXCEED AN AMOUNT OF INDIAN RUPEES TWO THOUSAND THREE HUNDRED AND EIGHTY EIGHT ONLY (INR 2388/-).
User Representations and Warranties: The User represents and warrants that the (a) User is 18 years of age or older and has the right, authority and capacity under applicable law to use the Services and enter into these binding Terms; (b) User will not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their login and account details or right to use the Services to any third party; (c) information given to FinUjjwal or uploaded to the FinUjjwal platform by the User will always be true, accurate, correct, complete and up to date, to the best of the User’s knowledge and that the User is the owner of the data disclosed; (d) User will not use the Services for any unauthorized and unlawful purpose; (e) User will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the provision of Services; (f) comply with all laws, regulations, and ordinances applicable to the User and relating to the use of the Services under these binding Terms.
FinUjjwal Representations and Warranties: The Services provided by FinUjjwal is provided on an “as is”, “as available” basis and FinUjjwal makes no express or implied representations or warranties about its subscription services or of merchantability or fitness for a particular purpose or use or non-infringement. FinUjjwal does not authorize anyone to make a warranty on its behalf and you may not rely on any statement of warranty as a warranty by FinUjjwal.
Subject to any applicable terms and conditions set forth the Privacy Policy, any communication or other material that the User sends to FinUjjwal, such as any questions, comments, feedback, suggestions, or the like, is and will be deemed to be non-confidential and FinUjjwal shall have no obligation of any kind with respect to such information. FinUjjwal shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, operating, developing, and improving the Services. As further described herein, the Useris solely responsible for all information the User sends to FinUjjwal, including, without limitation, its accuracy, truthfulness and non-infringement of any other party’s legal rights.
All notices and other communications pertaining to these Terms shall be sent by e-mail or courier, as applicable to each User, wherein, in the event of FinUjjwal to grievance@finujjwal.com, and in the event of the User, to the email id or address, as applicable to each User, used for the creation of the account to access the Services.
Subject to the provision on arbitration below, these Terms and any contractual obligation between FinUjjwal and the User will be governed by the laws of the Republic of India. Any dispute, claim or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms to arbitrate, or the Users use of the Services shall be determined by arbitration to be held in New Delhi, India, before a sole arbitrator mutually appointed by FinUjjwal and the User. The seat of such arbitration shall be New Delhi, India. Subject to the above mentioned clause, the courts situated in New Delhi, India shall have exclusive jurisdiction over any disputes arising out of or in relation to these Terms.
These Terms constitute the entire agreement and understanding between the User and FinUjjwal in relation to the use of the Services.
Neither Party is permitted to assign any obligations created through these binding Terms to any third party.
If any provision of these Terms are held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void and the remaining provisions of these Terms will remain in effect.
These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
The provisions of Clauses 2, 3, 4, 5, 6, 7, 8,9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive expiration or termination of these Terms for any reason.
The User acknowledges that FinUjjwal may use third party service providers to assist in the provision of Services under these Terms. For registration with FinUjjwal and payment of the Service Fees, the User may be required to access third party software to complete the transaction. FinUjjwal makes no representations or warranties in relation to the intellectual property owned and/or operated by such third party. Please refer to the Privacy Policy to further understand how such data shall be utilised by third parties for the provision of Services under these Terms.
Neither FinUjjwal nor the User shall be liable for any failure or delay in performance under these Terms for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, pandemics and epidemics, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility.
Without clarity, you send a very garbled message out to the Universe.