Terms and Conditions for DistributorEase and OrderEase

These terms and conditions ("Terms") and the privacy policy (available at (“Privacy Policy”) collectively constitute a legal agreement ("User Agreement") in accordance with the Information Technology Act, 2000 ("IT Act") and relevant rules. By using or accessing DistributorEase or OrderEase (together referred to as the "Platform"), you accept and agree to abide by this User Agreement, which outlines the terms of access and usage, as well as the Privacy Policy that governs how we handle your data.

This Platform (defined below) including www.finagg.in is managed and operated by Finagg Technologies Private Limited, a company incorporated under the Companies Act, 2013 having corporate identification number U72900DL2019PTC354576 (FinAGG) having its registered office at C 193, First Floor Anand Vihar NA East Delhi – 110092 and its corporate office located at Smartworks, LG Floor, World Trade Tower, Block C1, Sector-16, Noida-201301 (U.P.).

You may not use the FinAGG Services if you do not accept the terms and conditions of this Agreement. If you do not agree to be bound by these Terms and the Privacy Policy, you should not use the Website. It is strongly recommended for you to return to this page periodically and review the most current version of the Terms in force. FinAGG reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this Website signifies your assent/ratification of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms in any way, your only recourse is to immediately terminate use of the Website. We may require you to agree to additional terms (if any) between you and FinAGG in connection with specific services that you may avail from us from time to time.

Definitions

For the purposes of this User Agreement:

Company, FinAGG or We refers to FinAGG Technologies Private Limited i.e. the owner and operator of the Platform.

Platform with respect to DistributorEase and OrderEase, collectively refers to our web and mobile applications

User orYou means any person or entity accessing or using the Platform.

Distributor and Retailer refer to registered users of DistributorEase and OrderEase, respectively.

Services include the functionalities provided by DistributorEase and OrderEase, such as catalogue management, order placement, inventory tracking, and payment processing.

Eligibility and Account Registration

You must be at least 18 years old and capable of entering into legally binding contracts under applicable laws. Users are responsible for maintaining the confidentiality of their login credentials. If you suspect unauthorised use of your account, you must notify us immediately. The Company is not liable for any unauthorised account access.

Use of Services

The Services provided on the Platform are solely for the purpose of supporting distributor and retailer transactions. Unauthorised use of the Platform for any purpose not specified in these Terms is prohibited. By registering on the Platform, you agree to provide accurate and complete information about yourself and update it promptly when changes occur.

Amendment of Terms

We reserve the right to modify these Terms or our Privacy Policy at any time. Changes will be published on the Platform, and continued use of the Platform constitutes acceptance of the revised Terms. In cases where changes significantly impact User rights, we may provide additional notice, but we are not liable to provide prior notice for amendments.

User Obligations

Users agree to comply with all applicable laws while using the Platform and to avoid actions that might harm the reputation, security, or integrity of the Platform or its other users. You shall not misuse any information provided on the Platform or use it to engage in fraudulent or illegal activities.

Payment Terms

Payment terms and methods applicable to our Services will be outlined at the point of sale. DistributorEase and OrderEase support FinaggPay, a Buy Now Pay Later (BNPL) payment option for retailers, but there is no payment automation feature on the Platform beyond this. Users are responsible for ensuring timely payments for Services or goods received through the Platform.

Data Privacy

We respect your data privacy and handle your data in compliance with our data Privacy Policy. By using the Platform, you consent to our collection, storage, and use of information as described in our Privacy Policy. You also acknowledge that some of the information shared on the Platform may be sensitive, and that by using the Platform, you voluntarily provide this information to us.

DLimitation of Liability

The Platform is provided on an "as is" and "as available" basis. We make no warranty that the Platform will be free from errors or interruptions, or that it will meet your specific requirements. The Company will not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Platform or its Services.

Force Majeure

FinAGG shall not be liable for any failure or delay to perform any of its obligations if such performance is prevented, hindered or delayed, in part or entirely, by any event beyond the reasonable control of FinAGG, including without limitation, fire, flood, explosion, acts of god, terrorist acts, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, acts of third parties beyond FinAGG’s reasonable control, security breaches, power shut down, faults or failures in telecommunication or internet services or unauthorised access to computer systems (“Force Majeure Event”).

Termination

We reserve the right to terminate or suspend your account and access to the Platform for any reason, including violations of these Terms or applicable laws, without notice or liability.

Representation and warranties

Contact Information

For questions or grievances, please contact our Grievance Redressal Officer, as specified on the Platform.

By using DistributorEase or OrderEase, you confirm that you have read, understood, and agree to abide by these Terms and our Privacy Policy.

Fees and Responsibilities:

  • Carrier Data Fees: Users are responsible for payment of any carrier data plan fees and taxes related to using the platform.
  • Refunds: Generally, refunds are not provided unless required by law.
  • User Information: The platform is not liable for the accuracy or authenticity of the personal information users provide. Users are expected to update their information promptly and are prohibited from misrepresenting their identity or any other information.

Platform Access and Permissions:

  • Upon signing up, users consent to the platform accessing certain device features, like contact lists, location, storage, and internet for operational purposes.

Electronic Communication:

Users must keep up with all electronic communications from the platform, which may include promotional and service-related messages. Some essential notifications cannot be opted out of.

General Terms for Transactions:

  • The company serves only as a facilitator in buyer-merchant transactions, not as a party in any sale agreement.
  • It holds no responsibility for the quality, legal status, or accuracy of merchant products, and users should verify merchant reliability independently.

Merchant-Specific Obligations:

  • Merchants must ensure the legality of listed products, adhere to product descriptions, and avoid prohibited sales.
  • Merchants must also keep their listings up-to-date and are solely liable for customer complaints related to their products.

User Conduct and Prohibited Actions:

Users agree not to engage in any illegal or harmful activities, including:

  • Misusing the platform, violating third-party rights, or uploading offensive content.
  • Attempting unauthorised access or engaging in commercial activities without permission.
  • Posting misleading, harmful, or prohibited content, and refraining from impersonation or sharing fraudulent information.

Key Obligations for Users:

  • Keep account details accurate and updated.
  • Refrain from violating laws, uploading harmful content, and interfering with other users' experiences on the platform.
  • Avoid illegal commercial activities, like gambling or pyramid schemes, without platform permission.

Reporting Violations:

Users are obligated to promptly report any violations of these Terms or applicable laws to the Company via the provided email.

Prohibited Activities:

  • The Terms prohibit any attempts to gain unauthorized access to the platform or its networks, such as by hacking or using automated methods (bots, spiders) to gather data.
  • Users cannot use the platform for unlawful activities, solicitations, or actions that infringe upon the rights of the Company or others.

Compliance and Integrity:

  • Users must comply with relevant laws and regulations, including data security and intellectual property rights.
  • A non-exclusive, royalty-free license allows the Company to use information submitted by users in ways consistent with the Terms.

Content and Communication Responsibilities:

  • Users are solely responsible for the accuracy and integrity of the information they provide.
  • The Company reserves the right to monitor and remove any content that violates these Terms.

Confidentiality and Privacy Protection:

  • Users must avoid sharing personal information of other users or engaging in activities that could compromise privacy.
  • The Company may disclose user information to comply with legal obligations or to protect the platform and its users.

Liability and Legal Recourse:

  • Users acknowledge that the Company is not liable for content or actions of third-party merchants.
  • Users agree to indemnify the Company for any losses or damages resulting from their breach of these Terms.

Responsible Use and Indemnification:

This segment establishes a framework to ensure users interact responsibly and with respect for privacy, security, and legal obligations. It highlights the Company’s right to take necessary actions in response to breaches and emphasizes self-governance for users on the platform. Users agree to indemnify the Company, its officers, directors, agents, and employees, from and against any claims, demands, liabilities, damages, losses, costs, or expenses (including attorney’s fees) arising out of or relating to:

  • Your breach of these Terms;
  • Any claims made by a third party due to Your use of the Platform, Pay Facility, or services provided;
  • Your violation of any rights of another, including intellectual property, data protection, or privacy rights;
  • Non-compliance with applicable laws and regulations; or
  • Fraud, negligence, or willful misconduct.

You acknowledge that the Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You. This indemnity obligation shall survive the termination of these Terms and Your use of the Platform and services.

Governing Law and Dispute Resolution:

These Terms shall be governed by and interpreted in accordance with the laws of India, without regard to conflict of laws principles. In case of any dispute arising out of or relating to these Terms, both You and the Company agree to submit to the exclusive jurisdiction of the courts located in New Delhi, India.

You agree to first attempt an amicable resolution through negotiation. In case of a failure to resolve disputes through mutual discussions within 30 days, the matter may be referred to arbitration. Arbitration proceedings shall be conducted in English under the Arbitration and Conciliation Act, 1996, as amended, with a sole arbitrator appointed mutually by the parties. The venue for arbitration shall be FINAGG Technologies Private Limited, Smartworks, LG Floor, World Trade Tower, Block C1, Sector-16, Noida-201301 (U.P.). , India.

General Provisions:

  • Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, it shall not affect the validity and enforceability of the remaining provisions.
  • Waiver: Failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Entire Agreement: These Terms, along with any other agreements or terms expressly referred to herein, constitute the entire agreement between You and the Company with respect to the Platform and its services.

By continuing to use the Platform, You acknowledge and agree to abide by these Terms and any amendments thereto, published periodically on the Platform.