User Agreement - PFM

USER AGREEMENT
Personal Finance Manager

 
 
 
 
 
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Date Last Revised: August 28, 2020

Perfios Software Solutions Private Limited is a private limited company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as ‘ the Company’, ‘we’ or ‘Perfios’), having its registered office at HM Vibha Towers, 5th Floor, No. 66/5-25, Hosur Road, Above Star Bazaar, Adugodi, Bangalore – 560 030  , India. Perfios specializes in providing personal financial services through its official website - Perfios.com (hereinafter referred to as ‘Website’) and its mobile application - Perfios Money App (hereinafter referred to as ‘App’) . The usage and access of the personal financial services rendered on the Website and/or App, offered to you by Perfios hereunder constitute ‘Service/s’. This User Agreement governs the use of the Services (‘User Agreement’ or ‘this Agreement’) and shall apply to any access or use of the Services registered user (hereinafter referred to as the ‘ user’ or ‘you’)’. 

1. ACCEPTANCE OF USER AGREEMENT

PLEASE READ THIS USER AGREEMENT CAREFULLY. BY ACCESSING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THIS AGREEMENT AT ITS SOLE DISCRETION, ALL SUCH AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED ON THIS WEBSITE. YOUR CONTINUED USE AND ACCESS OF OUR SERVICES AFTER WE PUBLISH THE CHANGES TO THIS AGREEMENT MEANS THAT YOU HAVE CONSENTED TO THE UPDATED AGREEMENT FROM TIME TO TIME. IF YOU DO NOT ACCEPT THIS AGREEMENT WE REQUEST YOU NOT TO ACCESS OR USE THE SERVICES RENDERED PURSUANT TO IT. IF YOU WISH TO TERMINATE THIS AGREEMENT AT ANY TIME, YOU CAN DO SO BY CLOSING YOUR ACCOUNT AND NO LONGER ACCESSING OR USING OUR SERVICES.

2. SERVICE ELIGIBILITY

The Services are not for use by any person under the age of 18 years or any person who is not a citizen or resident of India. The Company expressly informs you that this Agreement is meant only for individuals/entities who are permitted to enter into and be bound by a legal contract as per the prevalent laws. If you are not legally permitted to enter into a contract either due to your age or any other reason, then you are not permitted to utilize the Services or enter into this Agreement.

In the event that you are representing certain individual(s), company(ies), third parties or any entities, in any capacity, then, you expressly confirm that you have the valid authority and right to do so for and on behalf of them. By entering into this Agreement, you state that you have the right to bind such individual(s), company(ies), third parties or any entities to this Agreement.

If at any time we are of the reasonable opinion or have any reason to believe that you are not eligible to use the Services or that you have made any misrepresentation, we reserve the right to forthwith terminate your membership and/or your right to avail of the Services without any refund to you of any unutilized subscription fee, if any paid by you.

3. REGISTRATION AND USE

When you register as a member, you authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Policy  as part of providing our Services. Any changes in your registration information must be duly updated by you.

You understand that you are responsible for maintaining the confidentiality of all information provided while registering yourself, which includes your login identification (ID), e-mail address and the passwords for the same. You are fully responsible for all activities that occur under your account, e-mail address or password .

The Company will send all correspondences, notices and any other communication to the e-mail address furnished by you. 

In the event of your becoming aware of any unauthorized access or misuse of your account/ information, you shall forthwith notify the Company at support@perfios.com. The Company will not be liable for any loss or damage arising from your failure to comply with this Section.

4. INTENDED USE OF SERVICES

The Services made available to you are for the specific purpose of your personal finance management. It is not intended to provide you with any nature of certification, guarantee, warranty or professional advice. By accessing, or using the Services, you acknowledge that you understand this limited use, and that you will not rely on the information and materials provided to you for any purposes except as is intended. Use of our Services is not a replacement for personal, professional advice or assistance regarding your finances or credit history.

Owing to the constant business changes, the Company endeavours to change, upgrade or revise the Services it provides.  Any such changes, upgradation or revision shall be carried out at such times and at such frequency as determined by the Company in its sole discretion. All such changes shall be updated on this Website.

You expressly agree that the usage of the Services may be monitored, tracked and recorded. 

Further, Perfios shall have the right to use any of your data or information that are derived from the operations and use of the Services in an aggregated, anonymized, and statistical manner ("Aggregated Data"). Nothing herein shall be construed as prohibiting the Perfios from utilising the Aggregated Data for the purposes of improving or developing Perfios's products/services. However, Perfios shall not store or share with any third party, any information that reveals your identity.

5. LINKS TO THIRD PARTY SITES

In relation to the Services provided by Perfios, the Website/App may provide or contain links to other websites or resources. The responsibility for the operation and content of those websites rest solely with the organization identified as the controlling entity of the third party website and will be governed by separate terms and conditions. These third party links are provided for convenience only and inclusion of any link does not in any manner imply endorsement of the website to which it links.

You agree that the Company shall not be 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 third party website or resource.

6. LEGAL USES

You understand that your right to access and use the Services offered is personal to you and is not transferable by you to any other person or entity.

You represent that the Services availed are for your use only. In the event you are representing individual(s), company(ies), third parties or any entities, you undertake and state that you are authorized to represent such individual(s), company(ies), third parties or any entities. 

You expressly acknowledge that under no circumstance you or your representatives are permitted to sub-license the Services or the rights granted to you or commercially exploit or alienate the rights/Services granted by Perfios pursuant to this Agreement.

In the event that you propose to use any of Services whether free or paid for commercial purpose (for example, if you are a wealth manager using the solution for your clients), you shall forthwith contact Perfios at support@perfios.com for the pricing structure for commercial usage. Any breach of this Section or unauthorized use of the Services will be a material breach and the Company reserves the right to forthwith terminate the Services.

7. SERVICES OFFERED BY PERFIOS

The Company provides the following plans, this includes the free the paid Services -

a)  ‘Free Forever’ plan is the unpaid Service offered by Perfios.

b) ‘Gold Plan’ – The Gold Plan is a premium Service offered by Perfios. The main features and commercials of this plan are available here: Pricing.

c) ‘Platinum Plan’ – The Platinum Plan is a premium Service offered by Perfios. The main features and commercials of this plan are available here: Pricing.

8. PAYMENTS

Unless the Company is in receipt of the full payment, access to the desired Services will not be provided. The subscription fee paid towards your desired plan is non-refundable. 

Renewal: Upon the expiry of the term of usage, the Company will notify you in advance. In the event you desire to continue the usage of the Services, you must make the necessary payment for the entire year in advance based on the prevailing subscription fee, otherwise your account will be downgraded to “Free Forever” plan on expiry of your paid subscription.

The Company reserves the right to change the payment terms and fees upon 30 (thirty) days prior written notice to you.

In the event you desire to upgrade to a higher plan, please notify the Company of the same. The Company will charge you the difference in the amount for the plan currently subscribed to by you and the one you desire to be upgraded to. 

9. CARD PAYMENTS

You confirm that the credit/debit card/ payment wallet details, provided by you to transact in respect of the Services will be correct, accurate and is owned by you. In the event you use the credit/debit card/ payment wallet belonging to any third party, then, you confirm that you have been authorized by such third party to use the card/payment wallet for making such payments.

10. SUPPORT

The Company will provide support to you with regard to the Services. All support shall be provided through e-mail only and support will be available only during business hours and subject to the plan, you have subscribed. Please send an email to the Company detailing the issue to support@perfios.com.

11. COMMUNICATION

The Company may send you communications, notices or alerts from time to time. In the event that you have disabled the receipt of alerts or communication, the Company recommends you revise the same and activate the receipt of alerts to its proper destination for optimum use of the Services. Communications from the Company will strictly be related to the Services.

You acknowledge that internet communications cannot be guaranteed to be secure or error free. Any information sent via the internet could be intercepted, corrupted, lost or contain viruses. Perfios therefore does not accept any responsibility for any errors or omissions in communications received by you which may arise as a result of internet transmission.

12. EXCEPTIONS TO THE PROVISION OF SERVICES BY THE COMPANY

Your access and use of the Services may be interrupted from time to time for any of the several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website/App or other actions that Perfios, in its sole discretion, elect to take. We utilize our best efforts to provide the Services without any interruptions or hindrance, however, we do not warrant that the functioning, operation, security or accessibility of the Services will be uninterrupted or error-free, that defects will be corrected, or the Services or the server that makes it available will be free of viruses or other harmful elements.  Notwithstanding anything contained anywhere in this Agreement, you agree that the Company will not be held liable for any restriction, rejection or failure to provide Services due to the following:

a) The transaction is for any reason held illegal, unlawful or unenforceable;

b) Any information provided to the Company in respect of the transaction is (i) not provided accurately; or (ii) is misleading/fraudulent; or (iii) the provider is not authorized to provide such information;

c) The financial institution where the accounts are stored/pertain to are rejected, returned or the transaction or part thereof, is cancelled/ terminated by the financial institution or the person requesting the Services; or the financial institution states that the account details provided do not match the information provided by the Company;

d) Any fraudulent or negligent activity committed by you;

e) Any server issues at the financial institutions end;

13. INTELLECTUAL PROPERTY

You acknowledge that the Services and any necessary software used in connection with the Services contain proprietary and confidential information of Perfios and/or its third-party licensors. You understand that any content or software, including its ‘look and feel’ (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs), trademarks, service marks, and logos used/displayed and other material provide to you in relation to the Services is protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by the Company in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services offered in whole or part.

14. PROHIBITED ACTIVITIES

To extent permissible/applicable under/to the Services provided to you, you agree NOT to do to the following:

(a) Upload, develop, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) Impersonate or misrepresenting any person or entity, including, but not limited to, officials, directors, employees, agents, authorized representatives, forum leaders, guides or hosts, or falsely state or otherwise misrepresent any information or accounts;

(c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or material transmitted or provided through the Website/App;

(d) Collect or store personal data about other users;

(e) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(f) Intentionally violate any applicable local, state, national or international law;

(g) Upload, post, email, transmit or otherwise make available any material that contains software virus, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(h) Upload, post, email, transmit, develop or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those specific areas that may be designated for such purpose of posting such mails or messages by Perfios;

(i) Use/develop any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services, either in whole or part;

(j) Use/attempt to use or develop any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website/App, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);

(k) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising in any manner making up a part of the Services.

(l) Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

(m) Override any security feature or bypass or circumvent any access controls or user limits of the Services.

(n) Imply or state that you are affiliated with or endorsed by Perfios without our express consent.

(o) Monitor the Services’ availability, performance or functionality for any competitive purpose;

You shall not interfere with other users’ use of the Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Website/App while availing the Services, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Services to others.

15. DISCLAIMER

A SERVICE AND ALL CONTENT ASSOCIATED WITH IT IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THIS WEBSITE/APP OR THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY CONTROLS AND OPERATES THIS WEBSITE/APP FROM ITS REGISTERED OFFICE IN BENGALURU (BANGALORE), INDIA, AND MAKES NO REPRESENTATION THAT THESE MATERIALS ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.

16. LIMITATION OF LIABILITY

THE COMPANY SHALL, IN NO EVENT, BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS, OR ANY OTHER DAMAGES OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE  OR ACCESS THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN NO EVENT SHALL THE LIABILITY OF PERFIOS AND ITS AFFILIATES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS LESSER OF (A) THE MOST RECENT YEARLY FEE THAT WAS PAID BY YOU FOR A SERVICE OR (B) INR 10,000.

17. TERMINATION 

Both you and Perfios may terminate this Agreement and close your account at any time with notice to the other. All termination notices shall be forwarded to support@perfios.com.

(a) The Company may terminate this Agreement and close your account if it comes to the knowledge of the Company that you have breached this Agreement;

(b) The Company shall terminate this Agreement, if it is so required to be by an express direction of law.

(c) In the event it comes to the attention of the Company, from valid sources, that you do not meet eligibility criteria stated under Section 2 (Service Eligibility), the Company will forthwith close your account and delete all information which relates to you without any obligation or liability towards you.

18. GOVERNING LAW AND JURISDICTION

 This Agreement shall be treated as though it were executed and performed in Bengaluru (Bangalore), India and shall be governed by laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Bengaluru (Bangalore), India. All disputes that may arise shall be referred to an arbitral tribunal consisting of a sole arbitrator and shall be resolved in accordance with the Indian Arbitration and Conciliation Act, 1996.The venue and seat of arbitration shall be Bengaluru (Bangalore). The language of the arbitration shall be English.

19. MISCELLANEOUS

(a) The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.

(b) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect without being impaired or invalidated in any manner.

(c) Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

(d) This Agreement shall only be amended by either the same electronic means as were used to enter into this Agreement or in writing that specifically refers to this Agreement, executed by both parties hereto.

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