TERMS OF SERVICE
THIS DOCUMENT IS AN ELECTRONIC RECORD GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LEAP247 FINNOVATIONS PRIVATE LIMITED (FEGO) AND IT GOVERNS YOUR ACCESS TO AND USE OF LEAP247 FINNOVATIONS PRIVATE LIMITED’S PLATFORM.
These terms of service (Terms) govern your access to and use of the website www.fego.ai and the associated software products and services (collectively, the Platform) offered by Leap247 Finnovations Private Limited (Fego). These Terms are to be read in conjunction with Fego’s privacy policy accessible at https://www.fego.ai/legal/privacy (Privacy Policy).
These Terms govern your access to the Platform, and are to be read in conjunction with, and not in derogation of any other agreements that you may have executed with Fego, and any other terms and policies as may apply to you and be periodically published on the Platform and, or, communicated to you by Fego under a contract or via e-mail, SMS, dashboard, courier, or by any other lawful method. For the purpose of these Terms, ‘access’ will mean and include your directly or indirectly availing services from Fego and, or, your using the Platform.
Scope and Intent
1. These Terms apply to anyone accessing the Platform, regardless of the device or internet enabled resource used by you to access the Platform (each a Device). By accessing the Platform, you indicate to have read, understood, and agree to be bound by these Terms, the Privacy Policy accessible at https://www.fego.ai/legal/privacy , other service specific policies of Fego as communicated from time to time, and all other applicable laws and regulations without any limitation or qualification.
2. You will be required to execute other agreements including inter alia a Master Service Agreement, service level agreements, and other terms and conditions with Fego in order to gain access to the Platform (each an Agreement). Such Agreements may be executed by you through the Platform itself or offline. It is clarified that in the event of any contradiction between these Terms and any Agreements governing your access to Fego’s Platform and services, the terms of such other Agreement(s) will supersede these Terms.
3. Fego reserves all rights in relation to the Platform that are not expressly enumerated in these Terms.
Your Account on the Platform
4. You may only access the services offered through the Platform as per these Terms including the Privacy Policy accessible at https://www.fego.ai/legal/privacy, and the terms and conditions mentioned in the Agreement(s).
5. Upon the execution of Agreement(s), Fego will issue you with an account on the Platform with access to such functionalities as per the terms and conditions negotiated between you and Fego under the Agreement(s)] (collectively Your Account).
6.Should Your Account represent that you are a company and not an individual, the details of the authorised personnel must be provided as the nodal person through whose registration the company would access the Platform. The username and password created by such nodal person will belong to the company.
7. You will be required to submit the following information and any other additional information and, or, documents as Fego may require for the creation of Your Account and to allow access to the Platform:
- Company's registered name and address
8. You are required to submit accurate and complete information to access the Platform. You understand and agree that Fego will assume the veracity of the information submitted by you and has not independently verified the information submitted by you. Fego does not assume any responsibility and disclaims all liability for assuring the accuracy and completeness of your data as integrated from third-parties. At all times, you will remain responsible for your passwords and for any access to the Platform from Your Account maintained on the Platform. Your Account details and password(s) on the Platform are for your use only, and subject to these Terms, you are responsible for maintaining the confidentiality of Your Account details and passwords and for restricting access to your Devices. You hereby accept responsibility for all activities that occur under and through Your Account on the Platform.
9. Fego may, at its sole discretion, decide to not provide you with access to the Platform after reviewing the information submitted by you for the creation of Your Account.
10. Once Your Account has been created and you have executed the Agreement(s), you may access the Platform in terms of the Agreement(s) which you have executed.
Your Access to the Platform
11. You understand that all services, as offered by Fego, are available may not be available in every territory based on local law requirements, and based on your geographic location, you may not be eligible for accessing certain services offered by Fego.
12. If you provide any information on the Platform or under any of the Agreement(s) which is inaccurate, or incomplete or where Fego suspects that such information is untrue, inaccurate, or incomplete, Fego reserves the right to suspend or terminate Your Account and your access to the Platform forthwith. Your responsibility to maintain the accuracy and completeness of the information in Your Account is not only towards Fego but extends to all third-parties that Your Account information is integrated with.
13. You are not authorised to commercially exploit the Platform for any reason whatsoever, save and except to the limited extent expressly set out in Agreement(s) executed between you and Fego.
14. You are not authorised to reproduce, duplicate, copy, reverse engineer, sell, resell, or exploit any portion of the Platform and allow any unauthorised access to the Platform and, or, facilitate unauthorised access to the Platform.
15. You agree not to circumvent, remove, degrade, or deactivate any of the contents of the Platform and, or, use any robot, spider, scraper, or other means to access the Platform for any purpose. You further agree not to decompile, reverse engineer, and disassemble any software or other products or processes accessible through the Platform and to not insert any code or product or manipulate the content of the Platform in any way, or use any data mining, data gathering or extraction method on the Platform.
16. You agree not to use any product which modifies, changes, adds to, or subtracts from the source code, graphical user interface, structure, integration, look and feel or features of the Platform.
17. You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of the Platform, or do any act which may adversely affect any third-party’s access of, and experience on the Platform or make any access to the Platform which is illegal as per the applicable laws.
18. You will notify Fego upon discovery of any unauthorised use or disclosure or any illegal access to the Platform, whether intentional or unintentional, and with promptitude will cooperate with Fego in every reasonable way to help regain possession of the Platform and to prevent its further unauthorised access.
19. You agree and understand that Fego reserves the right to suspend, refuse, or restrict your access to Your Account, the Platform, and the services therein in the event that you are found to be in violation of the Agreement(s) and, or these Terms.
Information you submit to Fego
20. You agree and understand that you will not upload any personal data or sensitive personal data or identifiable information of any natural person on the Platform or otherwise provide Fego with such information, save and except to the limited extent sought by Fego for the creation of Your Account.
21. Fego uses and employs all reasonable technical, organizational, logical, and physical security practices and procedures to protect your personal information against any unauthorized access, damage, modification, disclosure, impairment and / or misuse.
22. You will always remain responsible for any data and the content of any database that you make available on the Platform, and the selection and implementation of procedures and controls regarding access, security, encryption, use, and transmission of the personal data or sensitive personal data or identifiable information of any natural person and the backup and recovery of any database and any stored data further to your use of the Platform.
23. You will not send or provide Fego with access to or upload on the Platform any personal data or sensitive personal data or identifiable information of any natural person, unless such data is anonymized or masked such that it cannot be traced back to a natural person.
Use of your Information by Fego
24. Fego only uses your information as set forth in these Terms, the Agreement(s), and the Privacy Policy accessible at https://www.fego.ai/legal/privacy.
25. You hereby grant your consent to receive periodic communication and non-transactional messages from Fego through text messages and e-mails in relation to Fego’s service offerings. You can unsubscribe or opt-out from receiving e-mail communications and newsletters from Fego at any time by clicking the ‘Unsubscribe’ option available at the bottom of each such e-mail communication. Your acceptance of these Terms will have an overriding effect on any registration of your mobile number with the National Do Not Call Registry of the Telecom Regulatory Authority of India and any other Do Not Call Registry operated by any service provider.
26. Any feedback you provide to Fego in relation to Fego’s services and, or, the Platform will not be considered confidential information and Fego may use such information on an unrestricted basis. You represent and warrant that your feedback does not contain any confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Fego for use of the information contained in the feedback under any circumstances.
Intellectual Property
27. You agree and understand that nothing in these Terms shall be deemed to be construed as an assignment, transfer, or novation of any intellectual property right belonging to and owned by Fego including, inter alia all content, trademarks, trade names, copyrights, designs, software, patents, process-flows and know-how as published on the Platform, set out in any Agreement(s) or as otherwise communicated to you by Fego during the course of your access to the Platform. Fego holds and will continue to hold all right, title and interest in all intellectual property in the Platform itself and any derivative works thereof. It is clarified that all third-party trademarks, brands, links, and content on the Platform are the property of their respective owners.
28. Without derogating from the rigor of Paragraph 27, Fego hereby grants you a limited, non-exclusive, non-transferable, non-assignable, revocable, and non-sublicensable license to access the Platform and the intellectual property contained in the Platform, for the limited purpose as set out in the Agreement(s) and subject to these Terms.
29. You agree not to reproduce, distribute, sell, modify, display, perform, archive, publish, license, create derivative works from, offer for sale or use (except as expressly authorised under these Terms), or in any way exploit any part of any intellectual property or other information, content, materials, and services available on or through the Platform.
Age of Consent
30. In order to access Fego’s services on the Platform and to create and maintain Your Account on the Platform you must be at least 18 years of age. For users below the age of 18, consent to access the Platform shall be provided by the legal guardian of the child.
Termination of License and your access to the Platform
31. Notwithstanding other legal remedies that may be available, Fego may in its sole discretion, limit your access to and, or, activity on the Platform by immediately removing Your Account, your access credentials either temporarily or indefinitely, or suspend or terminate your association with the Platform, and, or, refuse your usage of the Platform, without being required to provide you with prior notice or cause:
a. If you violate your obligations under the Agreement(s), these Terms, the Privacy Policy accessible at
https://www.fego.ai/legal/privacy or any other policies of the Platform;
b. If the Fego believes that your actions may cause any harm, damage or loss to the other users of the Platform or to Fego or the Platform; and, or,
c. Further to any requests by authorised law enforcement and, or, other government and regulatory agencies and authorities.
Representations and Warranties
32. You represent and warrant that until such time as you continue to access the Platform:
a. All information and documents provided by you and any representations made by you, are genuine, accurate and in compliance with all applicable laws;
b. If you are a nodal person for a company as detailed in Paragraph 6 above, you have the necessary authorisation from your company to create Your Account and your company is duly organised and validly existing, and has all necessary corporate power and authority, and all authorisations, licenses, approvals, and permits, and has full power and authority to execute and deliver these Terms;
c. Your acceptance of these Terms, the Privacy Policy accessible at https://www.fego.ai/legal/privacy, and the execution of the Agreements will not violate, conflict with, or result in a breach of or default under, the applicable law for the time being in force or the order of any court, or of any governmental or regulatory body, agency, authority applicable to you, or by which any of your respective properties or assets are bound; and
d. There is no claim, action, demand, or litigation subsisting, pending, and to the best of your knowledge threatened, or likely to be instituted against you, affecting your obligations under or performance of these Terms.
Warranties and Limitations in relation to the Platform
33. Your access to the Platform is at your own risk and discretion. You agree to have read, understood, and be bound by these Terms and the Privacy Policy accessible at https://www.fego.ai/legal/privacy. Fego and our subsidiaries, affiliates, officers, employees, and licensors make no warranty that the Platform will meet your requirements and, or, that the service will be uninterrupted, timely or error-free.
34. You agree and acknowledge that Fego only provides the services as detailed in the Agreement(s).
35. Fego does not make any representations or warranties on or about the accuracy and durability of the third-party services or products offered to you through the Platform. Fego does not warrant, nor will be in any way responsible for the legality, efficacy, correctness, or suitability of the privacy policies or of any other information related to or pertaining to the third-party services or products. Fego assumes that you have reviewed the policies of these third parties and that you are in agreement with the same.
36. It is expressly clarified that any third-party platforms and services made available on the Platform are the properties of their respective owners, and your use of the same shall be governed by the specific end user licence agreements and policies executed by you with such third parties. You are independently bound by the respective terms of use and privacy policies of all such third-parties, as amended from time to time. Fego assumes no responsibility for any change in the terms of use of any such third-party platforms made available via plug ins or otherwise integrated with the Platform at any time whatsoever. Fego will neither be held liable nor responsible for any commissions or omissions of the third-party vendors or platforms.
No Liability
37. To the extent permitted by applicable law, Fego and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable for any damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from:
a. Your access to or inability to access the Platform (including investments made or monies raised through such access);
b. Any act, conduct and, or, omission of any third-party in relation to or through the Platform including without limitation, any malpractice, misrepresentation, defamation, sedition, offensive or illegal conduct of other users or third-parties; or
c. Any unauthorised access, use or alteration of your transmissions or content on the Platform.
Indemnification
38. You agree to indemnify and hold Fego and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including but not limited to reasonable attorney’s fees, made by any third-party due to your access of the Platform, your violation of the Terms, Privacy Policy accessible at https://www.fego.ai/legal/privacy, the Agreement(s), and any other terms and conditions communicated to you by Fego from time to time.
39. In no event shall Fego and the Platform be liable to compensate you or any third Party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not Fego had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the Platform and, or, the materials contained therein.
Force Majeure
40. Neither Fego nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorised.
Governing Law
41. These Terms in all respects will be governed by and construed in accordance with the laws of India.
42. Subject to Paragraphs 43 to 47 below, you submit to the exclusive jurisdiction of the courts of Chennai in connection with any disputes arising out of or in connection with these Terms.
Dispute Resolution
43. Any dispute arising out of or in connection with or relating to these Terms, including any question regarding their existence, validity or termination or breach will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended from time to time, which are deemed to be incorporated by reference in these Terms.
44. The seat, venue, and place of the arbitration will be Chennai.
45. The arbitral tribunal will consist of a sole arbitrator jointly appointed by you and Fego. If you and Fego fail to appoint the arbitrator within 30 (thirty) days then, the High Court shall appoint the sole arbitrator.
46. The language of the arbitration will be English.
47. Any award of the arbitral tribunal will be made in writing and will be final and binding on you and Fego from the day it is made and will be carried out without delay.
Changes to Terms and Conditions and Assignment
48. Fego may at its sole discretion amend or restate the Terms and, or, implement new Terms. You are recommended to periodically review these Terms and the for the most recent version. Such changes will be effective immediately upon being published on the Platform. Your continued access to the Platform will indicate your acceptance of the last version of the Terms and the Privacy Policy accessible at https://www.fego.ai/legal/privacy as published on the Platform. If you do not agree to the change(s) made to the Terms and, or, the Privacy Policy accessible at https://www.fego.ai/legal/privacy, you must immediately cease your access to the Platform.
Contact Us
49. To find more information about service offerings of Fego or if you need assistance for accessing the Platform, you may reach out to us at support@fego.ai.
50. Any grievances which you may have with respect to the Platform may be directed by you to the Nodal Officer appointed by Fego, and at the below mentioned coordinates:
Raguraman Srinivasan
legalsupport@fego.ai
RaamSree, First Floor, No 20, Old, 13, Sadulla St, T.Nagar, Chennai, Tamil Nadu 600017
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These Terms of Service were last updated on January 6 2023 at 11:30 hours.
