Terms and Conditions

Finacular enables you to track, save and earn extra potential returns by automatically bringing your entire financial life across savings, investments, loans, credit cards & taxes, all in one application. Finacular is committed to operating its website and mobile applications with the highest ethical standards and appropriate internal controls.

Please note that your visit, use of or access to our websites www.finacular.in and mobile applications (collectively referred to as “Services” or “Application”) are subject to the following terms; if you do not agree to all of the following, you may not use or access the Services in any manner.

Terms of Use

Please read on to learn the rules and restrictions that govern your use of our Services. These Terms and Conditions (the “Terms”) are a binding contract between you and Finacular. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at hello@finacular.in.

You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions mentioned below, as well as those in the Advisory Agreement and Privacy Policy.

  1. You are aware and you accept that all information, content, materials, products on the application is protected and secured.

  2. Except for your own personal and non-commercial use, you agree that you shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the application.

  3. You agree that you will not use the application for any purpose that is unlawful or prohibited by these Terms. You also agree you will not use the application in any manner that could damage, disable or impair the application or interfere with any other party’s use, legal rights, or enjoyment of the application.

  4. You acknowledge that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of either Finacular or its respective third-party vendors. The permission given by Finacular to access the application will not convey any proprietary or ownership rights in the above software/hardware. You agree that you shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying the application or create any derivative product based on such software/hardware.

  5. You understand and accept that not all the products and services offered on this application are available in all geographic areas and you may not be eligible for all the products or services offered by Finacular on the application. Finacular reserves the right to determine the availability and eligibility for any product or service offered on the application.

  6. You understand and accept that Finacular is not responsible for the availability of content or other services on third party sites linked from the application. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Finacular in any way. Finacular does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.

  7. Finacular does not provide a transaction platform for buying and selling mutual funds or any other investments on its own but we enable you to compare the best possible options and apply for these options directly with the service provider’s website.

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

  9. By using the services provided through this application, you shall be deemed to have accepted the Terms and Conditions herein including the amended terms and conditions published on the application from time to time.

  10. Additionally, by continuing using the application or services of Finacular you are confirming that:

(a) You are 18 years of age or older and where you are acting as Guardian on behalf of a minor, you have the necessary authority to register/sign up for the services on behalf of the minor. 

(b) You have read and understood the Privacy Policy published on the website and mobile applications (where available) of Finacular. The information you provide when you register on the application is true and correct. In the event, your information is not accessible online and you wish to change or delete your personal information or other information that you may have provided, please contact us immediately at hello@finacular.in 

(c) Finacular may contact you by phone and/or E-mail and/or SMS or any other form of electronic communication in connection with your registration, advisory and transactions. You can always opt to stop receiving any or all such communications by writing to hello@finacular.in . You can also delete your account at any point of time by writing to hello@finacular.in .

 

Confidentiality

You acknowledge that, in the course of your relationship with Funicular and in using the Services, you may obtain information relating to the Services and/or Finacular (“Proprietary Information”). Such Proprietary Information shall belong solely to Finacular and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:

  1. You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of Finacular unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.

  2. You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.

 Use and Protection of Intellectual Property Rights

Finacular is protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the application may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Finacular’s express written permission. You are hereby given a limited licence to use the application, subject to your agreement of these Terms.

Limitation of Liability, Indemnity, and warranty:
 

  1. In no event shall Finacular be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this application or due to investments made using this application.

  2. You agree to indemnify Finacular, its directors and employees for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to non-performance and/or non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions.

  3. You warrant that all the details and information provided by you to Finacular while using this application (including for the purposes of carrying out investments) shall be correct, accurate and genuine.

  4. Further, you shall be solely responsible for any investment decision taken by you on the Services and Finacular shall not be liable for any loss or damage caused to you or other users of this application due to such investment decision, or any kind of reliance upon it.