Privacy Policy

Finodaya Capital Private Limited (“Finodaya Capital”/”Company”/”finodayacapital.com”) including online platform(s) www.finodayacapital.com and “Mobile App” (Collectively “Website”) recognizes the importance of maintaining your privacy. Finodayacapital.com is committed to maintain the confidentiality, integrity and security of all information of its users. This Privacy Policy describes how finodayacapital.com collects, stores, handles and transfer certain information received from you via the use of the Website on a need basis. This Privacy Policy applies to the visitors to our Website and our existing and future customers. By visiting and/or using our Website, you are accepting and consenting to the practices described in this Privacy Policy.

By using or continuing to use the Website you agree to our use of your information (including sensitive personal information as defined under the Information Technology Act 2000, applicable rules, notification etc.) in accordance with this Privacy Policy, as may be amended from time to time by Finodaya Capital at its sole discretion.

1. Controllers of Personal Information

Your Personal data/information will be collected and stored at servers located in India by Finodaya Capital Private Limited along with its parent company (including its, representatives, affiliates, and its business partners).

 

2. What Personal Information we gather about you

The information we learn from customers helps us personalize and continually improve your experience at the Website. Here are the types of information we gather.

  • We receive and store any information or document you enter or upload on our Website or give us in any other way, in line with the product or service opted by you and as required by us or our business partners, including your personal information like first name, last name, email address, date of birth, residence city etc.. You can choose not to provide certain information but then you might not be able to take advantage of many of our services and features. We neither collect nor store your biometric information.
  • We may also have one time access to your camera, microphone, location and mobile device and store such information only for the purpose of onboarding or KYC requirements of us or our Partner with your explicit consent. in accordance with the Digital Lending guidelines issued by RBI and as amended from time to time
  • We might receive information about you from other sources and add it to our account information.

3. We Collect Cookies

We may receive and store certain types of information whenever you interact with us. For example, like, we use “cookies” and we obtain certain types of information when your web browser accesses the Website or advertisements and other content served by or on behalf of the Website on other websites. A cookie is a piece of data stored on the user’s computer tied to information about the user. We may use both session ID cookies and persistent cookies. For session ID cookies, once you close your browser or log out, the cookie terminates and is erased. Apersistent cookie is a small text file stored on your computer’s hard drive for an extended period of time. Session ID cookies may be used by finodayacapital.com to track user preferences while the user is visiting the website. They also help to minimize load times and save on server processing.

Most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer.

However, because cookies allow you to take advantage of some of the Website’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you may not able to use any Website products and services that require you to Sign in.

4. How Do We Use The Information

finodayacapital.com collects your information when you register for an account, when you use its products or services, visit its Website’s pages. When you register with finodayacapital.com, you may be asked for your first name, last name, state and city of residence, email address, date of birth, sex etc. Once you register at the Website and sign in you are not anonymous to us. Also, you are asked for your contact number during registration and may be sent SMS, notifications about our services to your wireless device. Hence, by registering you authorize the finodayacapital.com (including its business partners and affiliates) to send texts and email alerts to you with your login details and any other service requirements, including promotional mails and SMS,even if you have registered yourself under DND or DNC or NCPR services. Your authorization shall be valid as long as your account is not deactivated or unless you withdraw your consent Finodaya Capital Website may based on your consent also access your mobile device including camera for the purpose of service facilitation and ease of access to our Website for the various services opted by you and in compliance with applicable laws.

Purpose for collecting information:

  • Assist us or our business partners in facilitating and delivering services to you, process payments and your applications, communicate with you about products, services and promotional offers.
  • Respond to queries, or requests submitted by you, and resolve your grievances/issues/problems with any services supplied to you.
  • Administer or otherwise carry out our obligations in relation to any agreement with our business partners.
  • Send you information about special promotions or offers. We might also tell you about new features or products/services. These might be our own offers or products/services, or third-party offers or products/services with whom finodayacapital.com has a tie-up.
  • Use your information for internal analysis and to provide you with location-based services, such as advertising, search results, and other personalized content.
  • Use this information to improve our platform, prevent or detect fraud or abuses of our Website and enable third parties to carry out technical, logistical or other functions on our behalf.We may combine information we get from you with information about you we get from third parties.
  • Send you notices, communications, and recommend services that might be of interest to you update our records and generally maintain your accounts with us, display content and customer reviews.
  • When you provide your contact details, we will use it to send you general notices or important news about your account, request your feedback or opinions and provide updates on special deals and offers that might interest you.
  • File storage permissions on android/IOS and Website for uploading customer documents are obtained for the purpose of processing customer applications by our Partners.
  • Finodaya Capital Website may based on your consent also access your mobile device including camera for the purpose of service facilitation, ease of access and logging in to our Website for the various services opted by you.
  • As otherwise provided in this Privacy Policy and in compliance with the applicable laws.
  • Credit Assessment: Your data may be utilized to retrieve information from credit agencies. This allows us to evaluate your creditworthiness and provide you with relevant services tailored to your financial profile

Some features of this Website or our Services will require you to furnish your personally identifiable information as provided by you under your account section on our Website.

5. Disclosure to Third Parties

Finodayacapital.com will not sell or rent or otherwise disclose your information for commercial purposes to anyone in a way that is contrary to the commitments made and/or other than as set forth in this Privacy Policy. Notwithstanding the foregoing, we may share your information to third parties including our group Company, employees, agents, business partner (Banks/NBFCs),CICs, Payment Aggregator and Service Providers we have a tie up with and any of our affiliates, for the purposes as set out in this Privacy Policy.

These third parties are required to handle your information using the same level of care and confidentiality as is followed by Finodaya Capital and any accessing or processing of your information by these third parties is in accordance with contractual terms, applicable laws and our instructions and subject to your consent. For the purposes of this paragraph, “Affiliate” shall mean, as to any Person, any other Person that, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. (The term “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwise. The term “Person” includes any natural person, corporation, partnership, limited liability company, trust, unincorporated association, or any other entity).

Finodayacapital.com may also share, and/or transfer your personally identifiable information to any successor-in-interest as a result of a sale of any part of finodayacapital.com business or upon the merger, reorganization, or consolidation of it with another entity on a basis that it is not the surviving entity

We limit the collection and use of your personal information. We may make anonymous or aggregate personal information and disclose such data only in a non-personally identifiable manner. Such information does not identify you individually. Access to your Account information and any other personal identifiably information is strictly restricted and used only in accordance with specific internal procedures, and for the purposes set out in this Privacy Policy, in order to operate, develop or improve our services. We may use third party service providers to enable you to provide with our services and we require such third parties to maintain the confidentiality of the information we provide to them,under our contracts with them.

We may also share your information, without obtaining your prior written consent, with government agencies mandated under the law to obtain information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences, or where disclosure is necessary for compliance of a legal obligation. You agree and consent for the Website to disclose your information, if so required, under applicable law.

There are number of products/services such as loans, credit cards, mutual funds, offered by third Parties on the Website, such as lenders, banks, credit card issuers. If you choose to apply for these separate products or services, disclose information to these providers, then their use of your information is governed by their privacy policies in addition to the Privacy Policy of the Website. finodayacapital.com is not responsible for their privacy policies.We encourage you to visit and read about the privacy notices and procedures adopted by these third parties/providers, when you apply for their products or services. Finodaya Capital holds no responsibility for the content of the privacy policies or terms of use etc. of these third party websites.

If you are investing in our products through our Mobile App, then you agree to the following disclosure:

“Finodaya Capital’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements. Finodaya Capital app helps in tracking the performance of investments/loans, that may have been done via multiple channels/platforms over time, which can be otherwise cumbersome for consumers. Here, the basic consumer need is to be able to see and monitor all together at one place.

To be able to provide this, post customer consent, the Finodaya Capital Website reads only the email statement (that includes details of all investments/loans) received by the investor/customer every month and provides customers with a complete and comprehensive dashboard on a single screen. This not only offers an enhanced consumer experience but helps them check, track and compare all active investments/loans together at one place, enabling informed financial decisions.

6. Data Storage

Finodaya Capital stores your personal information only at servers located in India. Finodaya Capital may retain your information including personal information as the same may be required to provide you the services for the product that you have inquired or opted and for as long as it is required for the above purpose or mandated in our arrangements with our business partners. Retention of information is done as per this policy subject to compliance with applicable law/regulatory requirements in India.

In following situation, Finodaya Capital may retain your information for an extended period (i) in case of requirement of any investigations under law or as part of any requirements before courts/tribunals/forums/commissions etc.; (ii) to enhance/improve our products/services and (iii) as required under contractual arrangements with business partners.

 

7. What Is Your Control Over Your Personal Information That’s Collected And Used Online

It’s important to note that the information we use about you helps us provide you with products, services and experiences that benefit you. You have the ability to control how your non-personal information is collected and used online.

You also have the ability to choose what personal information, including what sensitive personal information (i.e. your financial information) you provide to us, restrict disclosure of your information to third parties, however, please note that this may affect your seamless access to such product/ service as opted by you. However, if you choose not to provide all of the mandatory information and data that is requested of you, we may not be able to provide you with the Services that you have subscribed to.

We believe you should be able to choose what kinds of information you receive via email/SMS. If you do not want to receive marketing materials by email/SMS, just indicate your preference on the contact information for your account or the ‘opt-out’ or unsubscribe link provided in our marketing emails and you can also write to us at info@finodayacapital.com. Please note that it may take about 10 days to process your request. Please keep in mind that we will continue to notify you by email /SMS/via phone calls regarding your services with us, even after you have opted out.

You can review the information that you have provided to us by logging into your account at the Website and correct or amend any personal information or sensitive personal data or information to ensure that the information or data you provided us is accurate and/or not deficient. finodayacapital.com is not responsible for the authenticity of any personal information or sensitive personal data or information supplied to it by you or any third party.

8. Revocation of Consent

If you feel that we do not require the retention of your personal information or if you ask us to delete or remove your personal data where you think we do not have the right to process it we shall destroy or delete such Customer information. You may, at any time while availing of our Services or otherwise, withdraw the consent given earlier to us to collect and use your sensitive personal data or information by writing to us at info@finodayacapital.com. However, in the case of you withdrawing such consent, finodayacapital.com shall have the option to stop providing you the Services for which the information was sought. You will not be eligible for a refund of any fees paid for any service in such event and you agree that the Website shall not be liable to you for the same in any manner whatsoever.

The data may be required to be retained for the purpose of Product servicing, repayment etc. by us and/or our Partners and also as required under any applicable laws. We assure that such retained information shall be protected following all cyber security norms.

9. Log Files

Like most standard websites, we use log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. We may combine this automatically collected log information with other information we collect about you. We do this to improve the services we offer to you, to improve marketing, analytics or site functionality.

10. Data Security

FinodayaCapital.com is committed to ensuring applicable compliance standards on information securityand understands that the confidentiality, integrity, and availability of your information are vital to our business operations and our own success. We employ appropriate technical and organizational security measures at all times to protect the information we collect from you. We use multiple electronic, procedural, and physical security measures to protect against unauthorized or unlawful use or alteration of information, and against any accidental loss, destruction, or damage to information. We have put in place appropriate security measures to deal with any suspected data security breach However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. Further, you are responsible for maintaining the confidentiality and security of your login id and password, and may not provide these credentials to any third party.

 

11. Third-Party Advertisers and Links to Other Websites

Third Party Advertising

We may use third-party advertising companies and/or ad agencies to serve ads when you visit our Website. These companies may use information (excluding your name, address, email address, or telephone number) about your visits to this Website in order to provide advertisements on this Website and other third-party websites about goods and services that may be of interest to you.

We use third-party service providers to serve ads on our behalf across the internet and sometimes on this Website. They may collect anonymous information about your visits to Website, and your interaction with our products and services. They may also use information about your visits to this and other Websites for targeted advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major Websites. No personally identifiable information is collected or used in this process.

Links to Other Websites:

There might be other sites relating to our Banking and Non-Banking partners linked to finodayacapital.com and other affiliates. Personal information that you provide to those sites is not our property or responsibility. These affiliated sites may have different privacy practices and we encourage you to read their privacy policies of these websites when you visit them. Finodaya Capital holds no responsibility for the content of the privacy policies or terms of use etc. of these third-party websites.

 

12. Changes in this Privacy Policy

finodayacapital.com reserves the right to change this policy from time to time, at its sole discretion. We may update this privacy policy to reflect changes to our information practices. We encourage you to periodically review. Checking the effective date below allows you to determine whether there have been changes since the last time you reviewed the statement.

13. Nodal Grievance Officer

The Company has appointed a Nodal Grievance Officer to redress customer grievances relating to any digital lending-related complaints. The name and contact details of the Nodal Grievance Officer are provided below:

Name: CMA Devendra Sinha

Address: Plot No. 48, Scheme 78, Part II, Vijay Nagar, Indore, Madhya Pradesh, India, 452010

Email: nodal.officer@finodayacapital.com

If you have questions, concerns, or suggestions regarding our Privacy Policy, we can be reached using the contact information on our Contact Us page or at nodal.officer@finodayacapital.com

 

14. Data Grievance Officer

In case you have any grievances or want to address any discrepancy with respect to the processing of any of the information/data you provided to finodayacapital.com, please contact our Data Grievance Officer. The name and contact details of the Grievance Officer are provided below:

Name: CMA Devendra Sinha 

Designation: Vice President – Strategy

Address: Plot No. 48, Scheme 78, Part II, Vijay Nagar, Indore, Madhya Pradesh, India, 452010

Tel: +91 9039091267

Email: nodal.officer@finodayacapital.com

If you have questions, concerns, or suggestions regarding our Privacy Policy, we can be reached using the contact information on our Contact Us page or at nodal.officer@finodayacapital.com

Grievance Redressal Mechanism

Finodaya Capital Private Limited (hereinafter referred to as the ‘Company’) believes that customer service is its highest priority as that is what drives growth and continuous business. The Company believes that prompt, efficient, and transparent service is critical to build long lasting customer relationships. The Company is determined to ensure expeditious and efficacious handling of the customer Grievances, as well as prompt remedial & preventive action (inclusive of amendment of the Mechanism, as and when required) with the objective to avert repetitiveness.

1. Objectives

The Company understands that despite striving to achieve high standards of customer service excellence, there can be gaps in existing service delivery. Hence, it is critical to provide an appropriate system and process to customers to share their Grievances. The Company aspires to create robust systems and processes to ensure effective and timely solutions to Grievances with an impartial approach to set higher benchmarks towards effective stakeholder engagement. We have ensured that all employees of the company are aware and well versed with our Customer Grievance Redressal Mechanism (“Mechanism”). Our Mechanism is based on following principles:

  • Customers are always treated equitably without any prejudice at all instances
  • Grievance raised by customers are acknowledged attentively and dealt with courtesy in a timely manner and address the key questions on why the complainant feels aggrieved or dissatisfied
  • Customers are provided with multiple touchpoints to submit their Grievances
  • Customers are facilitated and sensitized about their rights in the Company and mechanism to convey their Grievances as well as their rights pertaining to alternate remedies in the Company if they are not satisfied with the resolution of their Grievances
  • Grievances are investigated and redressed in a time bound and transparent manner
  • Grievances are reviewed and critically analyzed to improve the existing processes and systems to ensure that the re-occurrence of such Grievances are minimized

On the basis of this Mechanism, the Company shall ensure that an appropriate Mechanism subsists for the purpose of receiving and addressing Grievance from its customers, with the aim of resolving the Grievance equitably and expeditiously.

The Mechanism encompasses adherence to the provisions of Digital Lending guidelines and other regulations stipulated by Reserved Bank of India (RBI).

 

2. Grievance Redressal Framework

2.1 How to lodge a Grievance/where can a Grievance be made?

Means and Mode- Any customer having a Grievance with respect to the product and services offered by the Company may reach out to the Company through any of the following channels:

  • Call at +91 90390 91267
    • Email at: nodal.officer@finodayacapital.com
    • Write a letter at the address: The Enking Embassy, Plot No. 48, Scheme 78, Part II, Vijay Nagar, Indore, Madhya Pradesh, India, 452010

Format of Grievance:

Customers are requested to necessarily provide necessary details which includes:

  • Details of Products for which Grievance is made
  • Date of Application submitted
  • Details of Grievance
  • Valid Contact Information including Phone No. & E-mail ID registered with the Company at the time of registration for availing the services of Finodaya Capital.

2.2 How will we address a Grievance?

  1. When the customer Grievance is received, we will endeavour to send an acknowledgement/a response within 48 working hours of receiving the Grievance.
  2. After examining the matter, we will send our final response or explain why we need more time to respond and shall endeavor to do so within 30 days of receipt of Grievance.

2.3 Details of Nodal Grievance Redressal Officer

Name of the Officer – CMA Devendra Sinha

Office Address: Plot No. 48, Scheme 78, Part II, Vijay Nagar, Indore, Madhya Pradesh, India, 452010

Email: nodal.officer@finodayacapital.com

Call at – +91 90390 91267(Lines are open Mon-Fri from 10:00am to 4:30pm)

3. Continuous Feedback from Customers

The Company will also solicit voluntary feedback from customers on an on-going basis in a bid to improve its customer service quality.

4. General

Notwithstanding anything contained in this Mechanism, the Company shall ensure compliance with any additional requirements as may be prescribed under any laws/regulations either existing or arising out of any amendment to such laws/regulations or otherwise and applicable to the Company from time to time.

5. Review

  1. This Mechanism is subject to review by the Company as and when necessary.
  2. This Mechanism shall be subject to the applicable laws including but not limited to the rules, regulations, guidelines, directives and instructions issued by RBI and any other statutory authority from time to time and shall supersede the earlier version of the Mechanism. Any change/amendment in applicable laws with regard to maintenance of an appropriate Grievance Redressal Mechanism shall be deemed to be incorporated in this Mechanism by reference and this Mechanism shall be deemed to have been amended and revised accordingly.

Intellectual Property Policy

Finodaya Capital Private Limited (the ‘Company’) has an efficient Intellectual Property Policy and Intellectual Property Management guidelines (Collectively referred to as ‘IP Policy’, hereinafter) in place basically to maintain absolute clarity on IPR related issues such as ownership, rights and obligation of employees and Company, rights and obligation of customers and Company, disclosure of work/ invention, non-disclosure of confidential information, liabilities in case of misappropriation of IP or resolution of IP related disputes strategically.

Intellectual property (IP) is one of our most valuable assets. We rely on various types of intellectual property (such as trademarks, patents, copyrights, trade secrets, domain names, design rights) for our success in the market. IP helps us stay competitive, allows us to fund future successes, and supports each of our jobs at the Company. The Company has a consistent policy of identification of Company’s intangible assets, prioritizing them according to Company’s business plans, registering, exploiting and safeguarding them in order to benefit fully from IP in terms of revenue, reputation and market share. The Company’s IP Policy also envisages protection and management of its own IP well, internally and with it’s business partners. We also want to respect the IP of others as we develop our products and services, run our business, and work with business partners.

For clarifications, the term Company wherever used under this IP policy, shall include its Subsidiaries and Affiliates.

  1. Purpose

The Company has adopted this Policy in order to protect its own IP and minimize the possibility of infringement of Intellectual Property rights of the Company and the third Parties. This IP Policy aims to provide transparent administrative system for the ownership, control and transfer of the IP created and owned by the Company.

 

  1. Applicability

This IP Policy is applicable to all the employees, representatives and agents of the Company including its Subsidiaries and Affiliates.

 

  1. Policies, Procedures, and Records
    • Company shall respect intellectual property (IP) and conduct its business in compliance with the IP-related laws as applicable in the jurisdiction of Republic of India and its agreements with other companies.
    • Company shall actively protect its own IP.
    • Company shall maintain an effective system of IP asset management, including maintaining an inventory and records of IP-related assets and agreements.
    • Company shall not knowingly infringe a third party’s intellectual property in its products, services, or components, or disclose or use a third party’s trade secrets without the express or implied consent of the owner or as permitted by law.
    • Company shall not knowingly purchase or use counterfeit or other infringing goods and services in running its business, including counterfeit trademark goods or infringing copyright material (such as software, publications, video, audio, or other content).
    • Company shall document and maintain written records of all substantial transactions and uses that involve the exercise of IP rights. (This includes, for example, licenses or assignments of rights; manufacture, reproduction or distribution of patented, trademarked or copyrighted items; and disclosure and use of trade secrets.)
    • Company shall require, through binding policies or agreements with employees and contractors that its personnel comply with the applicable IP laws and the Company’s IP policies and IP-related provisions in agreements with other companies.
    • Company shall develop and implement a management system to help ensure that all personnel follow its IP policies. This management system shall encompass all IP-related policies, procedures and adequate and accurate records necessary to implement, measure, and improve Company’s IP protection and compliance program.

 

  1. IP Compliance Team

Company’s IP protection and management shall be implemented through a cross-functional compliance team, overseen by a Director or CFO of the Company or designated senior management. The said compliance team may appoint or engage any advocate or expert from within and/or outside the Company to seek their opinion in carrying out their responsibilities as stated under this IP Policy.

 

  1. Scope and Quality of Risk Assessment

Company shall include in its risk assessment of new products, services, and business opportunities, any relevant IP protection risks.

 

  1. Management of Business Partners
    • Company shall require its business partners to conduct their arrangements with the Company in accordance with Company’s relevant IP protection policies.
    • Company shall conduct initial risk assessment and due diligence on all prospective business partners, which shall include an assessment of such companies’ IP protection and management.

 

  1. Security and Confidentiality Management
    • Company shall maintain physical security designed to effectively protect trade secrets(where applicable) and other confidential information, and IP-related records, masters, tools, inventory and related materials.
    • Company shall maintain computer and network security effective for protecting trade secrets, other confidential and proprietary information, and IP related records, and for discouraging violations of Company’s IP policies on the Company’s computers and networks.
    • Company and its personnel shall only make trade secrets and other proprietary information available to third parties on a “need to know basis, and subject to company procedures and written agreements containing adequate confidentiality and other protections.
    • Company shall execute written confidential or Non-disclosure agreements with third parties prior to disclosure of any confidential information of the Company to any third party(ies).
    • Any IP generated, created or developed by any of the employees/representatives and agents of the Company and/or consultants engaged by the Company, during the term of their employment or engagement as the case may be, for and/or on behalf of the Company, shall be “work made for hire and shall be assigned by such persons to the Company. Further, the Company shall have the sole and exclusive ownership to such IP generated, developed or created unless otherwise agreed by the Company by way of a written contract or as may be applicable by the relevant IP law.

 

  1. Training and Capacity Building
    • Company shall provide on-going appropriate level training on IP protection and management to all relevant personnel.
    • Company shall provide specialized training to those personnel responsible for the development and implementation of the IP protection, management, and compliance program
    • Company shall provide appropriate level training on IP protection and management for relevant supply chain members.

 

  1. Monitoring and Measurement
    • Company shall establish and operate a system to monitor its performance in meeting the Company’s relevant IP policies.
    • Company shall incorporate the information gained from the IP compliance team through the monitoring system into the overall evaluation of its departments.

 

  1. Corrective Actions and Improvements
    • Company shall maintain a system to track and deal with problems in IP protection, management and compliance found through the monitoring process. The tracking system will identify the corrective action to be taken, the timeline, and the responsible party.
    • Company shall develop and implement an annual or other regular improvement plan for IP protection, management, and compliance.
    • In case of violation/infringement of any IPR such as trademark infringement by any employee/representative or any third party infringing upon the IPR of the Company, the Compliance Team of the Company would first investigate the matter in association with its Advocates and make recommendations to the Director/CFO for resolution of such violation/infringement including need for any legal course of action.

 

  1. IP Licensing and Transfer
    • The Company may license its IP to any of its Subsidiaries, Affiliates or a third party (ies) through various modes of licensing strategy such as: Exclusive licensing, Sole licensing, Non-Exclusive Licensing, Sub-licensing and licensing in general. The Company shall document such IP licensing through a license Agreement where each such license agreement shall define the terms and conditions for the proper use of IP of the Company.
    • The Company may transfer its IP to any of its Subsidiaries, Affiliates or a third party (ies) through a signed IP transfer agreement on the conditions as may be deemed to be fit and proper to the Company.

 

  1. Jurisdiction

This Policy shall be governed by the laws of Republic of India and the courts at Indore, shall have the jurisdiction to the same.

Terms of Use

This Agreement sets forth the terms and conditions that apply to the access and use of the Website “www.finodayacapital.com” and its Mobile Application (collectively be referred to as “Website”), which is managed and operated by Finodaya Capital Private Limited, (hereinafter collectively be referred to as “Company”/ “Finodaya Capital”).

This document/agreement (referred to as “Agreement”) is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of this Website.

By accessing this Website or registering your information on the Website, the users (hereinafter referred to as “you” or “your”) agree to be bound by this Terms of Use (“TOU”). This Agreement along with Privacy Policy and Disclaimer describes our relationship with you will be subject to the rules, guidelines, policies, terms, and conditions applicable to any specific Service that is provided by this Website and they shall be deemed to be incorporated into this TOU and shall be considered as part and parcel of this TOU.

Be sure to return to this page periodically to review the most current version of the TOU. We reserve the right at any time, at our sole discretion, to change or otherwise modify the TOU without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified by TOU.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINDED HEREUNDER.

  1. Description and Acceptance of Services

Company, hereby offers you with access to information primarily about certain financial products/services including, but not restricted, to loan facility, credit cards facility, investment services such as Savings account, Fixed Deposits and mutual funds (collectively referred as “Service/s”). Finodaya Capital provides loan, credit card facility, Savings account, Fixed deposits along-with investment services relating to mutual funds. In addition, Company may provide third party services including but not limited to credit check services, and any other services to retrieve and use your information through third party sites (e.g. bank sites etc.) in conjunction with your selection of the Services (“ancillary services”). The above said Services and ancillary services are provided on a commercially reasonably effort basis and you agree that your participation for availing the above mentioned services is purely at your will and consent.

Your continued usage of the Services and ancillary services from time to time would also constitute acceptance of the TOU including any updation or modification thereof and you would be bound by this Agreement until this Agreement is terminated as per provisions defined herein.

You agree and authorize Company to share your information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar services to provide you with various value added services, in association with the Services selected by you or otherwise. You agree to receive communications through emails, telephone and/or SMS, from the Company or its third party vendors/business partners/ marketing affiliates regarding the Services/ancillary services updates, information/promotional emails and/or product announcements. In this context, you agree and consent to receive all communications at the mobile number provided by you, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize Company to share/disclose the information to any third party service provider or any affiliate, its group companies, authorized agents.

Company will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.

  1. License and Website Access

You acknowledge and agree that Company owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not). You further acknowledge that the Services may contain information which is designated confidential by Company and that you shall not disclose such information without Company`s prior written consent. The contents of the Website, including its “look and feel” (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are the owned/licensed by/to Company and/or its third Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws.

Company grants you a limited license to access and make use of the Website, the Services and ancillary services. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party or to create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. Any unauthorized use by you shall terminate the permission or license granted to you.

By using the Website you agree not to: (i) use this Website or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand; (iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Website or bypass or restrict or circumvent other measures employed to prevent or limit access to this Website; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or (vii) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

  1. Privacy Policy

By using the Website, you hereby consent to the use of your information as we have outlined in our Privacy Policy. This Privacy Policy explains how Company treats your personal information when you access the Website and use other ancillary Services.

  1. Your Registration/Account

In consideration of your use of the Website and registering with us, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction and will only use the Website to make legitimate purchases for you or for another person for whom you are legally authorized to act (and will inform such other persons about the TOU and/or Privacy Policy) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto).

You agree and understand that you are solely responsible for maintaining the confidentiality of your password which, together with your Login ID (as may be applicable in accordance with the Service selected), allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide, form your (“Registration Information”). You agree that you are responsible for maintaining the confidentiality of your Login ID and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your account or password. Because of this, we strongly recommend that you exit/ logout from your account at the end of each session. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. You further agree that Company shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to Company.

You shall provide true, accurate, current and complete information about yourself and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services and ancillary services by or through Company. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the Website or use of the Services. Additional terms and conditions will apply to your purchase of services that you select. Please read these additional terms and conditions carefully.

  1. Customer Due Diligence requirements (CDD)

You agree and acknowledge that for undertaking any financial transaction through the website, Our Company may undertake client/customer due diligence measurers and seek mandatory information required for KYC purpose which as a customer you are obliged to give, while facilitating your request of loan/credit card/mutual fund and other financial product requirements with the banks/financial institutions, in accordance with applicable Prevention of Money Laundering Act (“PMLA”) and rules. Our Company may obtain sufficient information to establish, to its satisfaction or the banks/financial institutions, the identity of each new customer/user, and to ascertain the purpose of the intended nature of relationship between you and the bank/financial institution. You agree and acknowledge that Our Company can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under the applicable PMLA Act and rules.

  1. Eligibility

You declare and confirm that you are a resident of India, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered by the Company.

  1. Submitted Content

By sharing or submitting any content including any data and information on the Website, you agree that you shall be solely responsible for all content you post on the Website and Company shall not be responsible for any content you make available on or through the Website. At Company`s sole discretion, such content may be included in the Service and ancillary services (in whole or in part or in a modified form). With respect to such content you submit or make available on the Website, you grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

  1. Third Party Links/Offers

This Website may provide links to other websites or resources. Since the Company has no control over such third party websites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Website is at your own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.

Offers are subject to approval and may vary based on the bank’s lending criteria.

  1. Group Insurance Policy

You understand that as a part of the Services provided by the Company, it may further offer you group insurance coverage’s from different insurers for which Finodaya Capital Private Limited shall be the Master Policy Holder (“MPH”) provided you are a customer of the Company. Such insurance coverage shall be governed by and subject to the terms, conditions, and exclusions, limitations thereof as per the guidelines issued by the Insurance Regulatory and Development Authority of India (“IRDAI”).

  1. Disclaimer of Warranty

You expressly understand and agree that your use of the Services, ancillary services and all information, products, other services and other content (including that of the third parties) included in or accessible from the Website is at your sole risk. The Services and ancillary services are provided on an “as is” and “as available” basis. Company makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on the Website or of the services (whether or not sponsored by third party service providers), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose.

The Company expressly disclaim all warranties of any kind as to the Services, ancillary services and all information, products, services and other content (including that of the third parties) included in or accessible from the services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Company and its service providers, affiliates, business partners make no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and (v) any errors in the technology will be corrected.

Prices for Products available on our Website and are incorporated into this TOUs by reference. All prices, whether specified or not, are in Indian rupees. Prices, Products and Services are offered by the Company’s business partners, and may change in accordance with the brand guidelines or other terms and conditions applicable to each of the business partners of Finodaya Capital. In some cases Services and prices are offered by the Company itself and it reserves the right to modify the use and prices of such Services. You further undertake that by initiating a transaction, you are entering into a legally binding and enforceable contract with these business partners of the Company, to purchase the products or avail the services using such payment facilities as may be permitted by applicable laws and as may be accepted by the Company.

The Company does not charge any registration/membership or browsing fee. However, the Company reserves the absolute right to charge any fee for registration/ membership or browsing fee at any time.. All such fees that the Company may charge will be intimated to the users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Company shall be in Indian Rupees. Your continued use of the Company shall be deemed as an acceptance of the amended terms of the TOU.

The Company may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between you, Finodaya Capital and its business partners, as the case may be. The Company shall initiate the remittance of the payments made by you and the date of completion of transaction shall be after the products are delivered to the you or after the Services are rendered to you and such other additional time as may be agreed between Website and its business partners, as the case may be.

While availing any of the payment method/s available on the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  1. Lack of authorization for any transaction/s, or
  2. Any payment issues arising out of the transaction, or
  3. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a you;
  4. Decline of transaction for any other reason(s)

Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of you/your transaction.

Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products or services listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.

You hereby agree to provide accurate information, such as credit/debit information for purchasing any Service or product on or through the Website. You further warrant that you shall not use payment information or instrument that is not lawfully owned by you. In addition to this TOUs, the terms and conditions of the bank or other financial institution shall also be applicable to every user. The Website disclaims any liability arising out of declining of payment by such bank or financial institution.

Finodaya Capital may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for products or services. Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by you that have incurred questionable charges and amounts.

Finodaya Capital is merely a facilitator for providing you with payment channels through automated online electronic payments (either itself or through its payment gateway service providers), cash on delivery, collection and remittance facility for the payment of products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).

Finodaya Capital shall not be held responsible and shall bear no liability in case of failure or delay of delivering the products or services including any damage or loss caused to you due to such delay. No deliveries of the products/services shall be made outside the territorial boundaries of India.

  1. Limitation of Liability

You expressly understand and agree that the Company (including its subsidiaries, affiliates, directors, officers, employees, representatives and providers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, even if Company has been advised of the possibility of such damages, resulting from (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website.

Notwithstanding the above, if the Company is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of Company shall be restricted to, in the aggregate, any Service/transactional fees paid by you to the Company in connection with such transaction(s)/ Services on this Website, if applicable.

The Company has no control over the third party websites which would be provided to you through its Website. You acknowledge and agree that under no circumstance shall the Company be liable for your using the services offered or provided by any third party service provider.

  1. Indemnity

You agree to indemnify and hold Company (and its affiliates, officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOU, your violation of any law or the rights of a third party, or your use of the Website.

You shall not sue or otherwise make or present any demand or claim, and irrevocably, unconditionally and entirely release, waive and forever discharge the Company, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter “Release”), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) (“Losses”), whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Release with respect to the Services. You agree to defend, indemnify, and hold harmless the Release from and against any and all Losses resulting from claims made against the Company by third parties arising from and in connection with this Authorization.

  1. Additional Terms and Conditions

Company reserves the right to make changes to the Website, related policies and agreements, this TOU and the Privacy Policy at any time as it deems fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services and ancillary services, company re-organization, market practice or customer requirements. Upon any change, Company will notify the updated Terms on the Website or other means. Your continued use of the Services and ancillary services constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. If you do not agree to the changes, you may please discontinue your use of the Services and ancillary Services.

Company reserves the right to discontinue or suspend, temporarily or permanently, the Services including ancillary services, by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website or maintain the security and integrity of the Services. You agree that Company will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.

You agree not to use the Services and ancillary services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of other.

Company may, from time to time, announce certain offers with intent to promote its Website and/or Services/ ancillary services (“Promotional Offer/s”). The Promotional Offer(s) would always be governed by this TOU plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these TOU, to the extent they may be in conflict with these Terms. Company reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.

  1. General

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOU and the relationship between you and Company will be governed by the laws of the India. In case of any contradiction or conflict between the laws of India and other jurisdictions, the laws of India shall prevail. Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Company and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be Indore. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The Website specifically prohibits you from usage of any of its Services in countries or jurisdictions that do not corroborate to all stipulations of these Terms. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Indore having exclusive jurisdiction. The failure of Company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This TOU constitutes the entire agreement between you and Company and governs your use of the Website, superseding any prior agreements between you and Company with respect to the Website.

Finodayacapital.com

Address:The Enking Embassy, Plot No. 48, Scheme 78, Part II, Vijay Nagar, Indore, Madhya Pradesh, India, 452010

Tel: +91 90390 91267

Email : nodal.officer@finodayacapital.com

If you have questions, concerns, or suggestions regarding our Privacy Policy, we can be reached using the contact information on our ContactUs page or at nodal.officer@finodayacapital.com