Perfios Software Solutions Private Limited, a private limited company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as ‘Company’) and having its registered office at No.1, “Anarghya”, 1st Floor, 100 Ft. Road, 5th Block, Koramangala, Bangalore – 560 095, India and specializes in providing personal financial services (hereinafter referred to as ‘Services’) through its official website Perfios.com (hereinafter referred to as ‘Website’). This Agreement for the Terms and Conditions of use of the Company’s Website (hereinafter referred to as ‘Agreement’) describes certain terms and conditions to access and use the Website of the Company by a visitor or a registered user (hereinafter referred to as the “End User”, “You” or “Your”)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THESE TERMS AND CONDITIONS AT ITS SOLE DISCRETION. ALL SUCH AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED ON THIS WEBSITE. IF YOU ARE NOT AGREEABLE TO THE TERMS AND CONDITIONS, WE REQUEST YOU NOT TO ACCESS THIS WEBSITE.
You expressly agree to be bound by this agreement, irrespective of whether You are a registered member or a visitor, by using the information, tools, features and functionality located on this Website. As such, You agree to be bound by the terms and conditions detailed herein.
The Company recommends that, irrespective of whether You are a visitor or a registered member who proposes to utilize the service provided by the company, to carefully read all the terms and conditions as provided herein. The said terms and conditions displayed are recommended to be saved for any future reference and for Your own records, or You may even take a print out of the same.
The Company expressly states that the services provided or offered by this Website and the agreement which You are required to be bound by is meant only for individuals/entities who are permitted to enter into and be bound by a legal contract as per the prevalent laws. In the event, if You are not legally permitted to enter into a contract or are for some reason either due to Your age or any other reason not permitted to enter into an agreement, then You are not permitted to utilize the services provided by this Website or enter into this agreement.
Your acceptance of this agreement and utilization of services implies that You expressly and implicitly represent to the company that You are of the legal contracting age and nothing will invalidate this agreement. The company has the right to bind You to this agreement.
In the event that You are representing a certain individual/s, company/companies, third party or any entity/entities, in any capacity, then You expressly confirm that You have the valid authority and the 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/companies, third parties or any entities to this agreement.
The services made available on or through this Website has been made available to You for the specific purpose of Your personal finance management. It is not intended to be providing You with any nature of certification, guarantee or warranty. By accessing, browsing and using this Website, You agree and acknowledge that You understand this limited and restricted use, and agree that You will not rely on the information and materials contained in this Website for any purposes except as is intended. You further agree that in all actual matters, You are ultimately responsible for determining Your specific requirements.
You are strictly prohibited from unauthorized use of our systems or this Website, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Website.
You acknowledge that we may disclose and transfer any information that You provide through this Website to (i) our affiliate or information providers, (ii) to any third party but strictly with Your permission, or (iii) if we are legally bound to disclose any information due to compulsions under law. You consent to the transmission, transfer or processing of such information to, or through any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website, You agree to such transfers.
You expressly agree and acknowledge that usage of this Website may be monitored, tracked and recorded. As such, You expressly consent to such monitoring, tracking and recording.
You are responsible for being familiar with the current version of these terms and conditions posted on the Website during each session. By the continued accessing of this Website or the services, You implicitly agree to be bound by the revised terms and conditions. Any such revisions will be duly posted on this Website and the company may, if it chooses, send You an e-mail in this regard.
The Company provides personal financial management services whereby the registered member can track his or her financial status at any time including all investment, expenses, etc.
However, this service is not and should not be construed or does not imply provision of any professional service or advice relating to the legal, financial or tax implications or any other financial matters. This service is designed in order to help You organize Your financial matters and aspects in a more organized and clear manner. Any professional advice or implications should be sought from Your personal advisors and the company or Perfios.com shall not be held liable or responsible for the same.
Please note owing to the constant business changes, the company endeavours to change the services it provides or upgrade or revise them. This is done to provide better and more efficient services to You. Any such changes, upgradation or revision shall be done 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
The Company hereby undertakes and confirms that the mechanism employed by the company is more specific to users and all data or information forming part of the Services shall at all times remain on Your machine or server only, except for some value-added services that may require You to share personal information.
As part of availing the Services, You as a member will provide us Your personal information either to retrieve or collect data or information from third party websites. Such third party websites may be maintained by such Financial Institutions with whom You have an account, bank with or have created certain liabilities. Perfios.com does not and cannot assume any responsibility or accuracy for such information or data maintained by such third party either in terms of updation, accuracy, deletion, non-delivery or failure to store data, communications, etc.
The Website may provide, or third parties may provide, or the Website may contain links to other World Wide Web sites or resources. The responsibility for the operation and content of those websites shall rest solely with the organization identified as controlling the third party website and will be governed by separate terms and conditions. Links are provided for convenience and inclusion of any link does not imply endorsement in any way of the site to which it links.
Because the Company has no control over such sites and resources, You acknowledge and agree that the 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 the 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.
For premium service users, the Company provides a link to a payment gateway. Once You click on that link, You will be accessing a third party website. The Company merely facilitates an easy access for You to make the payment and therefore is a mere link provided. Thus, any transaction between You and the designated bank or payment gateway shall be strictly between You and such bank or payment gateway. The Company or the Website shall not be privy to the same.
You agree and understand that You are responsible for maintaining the confidentiality of all information provided to the Company while registering Yourself, which includes Your login ID, e-mail address and the passwords for the same. You are fully responsible for all activities that occur under Your e mail address password or account and You shall ensure that You exit from Your account at the end of each session.
The Company will send all correspondences, notices and any other communication to the e-mail address furnished by You. In case of any change in the said e-mail address, it is Your duty to update or change the same.
In the event of Your becoming aware of any unauthorized or misuse of the information provided by You to the Company, You are requested to forthwith contact the Company at firstname.lastname@example.org. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section.
Further, You agree and understand that Your right to access and use the Services offered on this Website is personal to You and is not transferable by You to any other person or entity, except to the extent specifically provided below in section 8.
You understand that You are authorized to access and use the services only for legal and lawful purposes.
You further undertake and state that by using the services You are in no way impersonating or misrepresenting any person or entity. All services availed are for Yourself 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 shall be solely responsible for the consequences arising out of such acts and Perfios.com shall not be held responsible or liable in anyway to any person or entity.
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 granted by Perfios pursuant to these terms and conditions or by availing the Services from Perfios.
You further agree that irrespective of whether You use the Free Service or the Premium Service, and if You propose to use any of the mentioned plans for commercial purpose (for example, if you are a Wealth Manager using the solution for your clients) then, You shall forthwith contact Perfios at email@example.com for the pricing structure for commercial usage. Any violation of this clause or unauthorized usage of the solutions will be deemed as a material breach and the Company reserves the right to forthwith terminate your subscription.
Apart from the Free service, which includes or constitutes the ‘Free Forever’ plan (‘Free Service’) the Company provides two premium services to You which is described below:
a) Gold Plan – Currently the amount to be charged by the Company will be Rs. 499/- plus service tax per annum for the Gold Plan. The main features of this plan are available here: Pricing.
b) Platinum Plan – Currently the amount to be charged by the Company will be Rs. 1499/- plus service tax per annum for the Platinum Plan. The main features of this plan are available here: Pricing.
c) You agree to make the requisite payment in full to the Company depending on the plan You chose in advance. You expressly agree that the said amount paid by You towards Your desired plan shall be non-refundable. Unless the Company is in receipt of the full payment, You will not be provided access to the desired services.
d) Further, You expressly agree that upon the expiry of the term of usage, the Company will notify the same to You in advance. In the event You desire to continue the usage of the services, then, You will be required to make the necessary payment for the entire year in advance for the subscription amount prevailing at that point in time.
e) By signing for the desired plan You agree to pay the subscription fees depending on the plan you choose.
f) The Company reserves the right to change the payment terms and fees upon 30 (thirty) days prior written notice to You.
g) In the event, You desire to upgrade to the next higher plan, please notify the Company of the same. The Company would only charge You the difference in the amount for the plan you currently are in and to the one You desire to upgrade yourself to. Your new plan will be accessible to You once You make the pro rata higher plan and You will be deactivated from the earlier plan.
h) The above mentioned premium plans are being provided by the Company exclusively for personal use by You and not for commercial purpose.
i) Free Forever account and Gold plan subscribers are not allowed to configure any Corporate Banking accounts. In the event it comes to the attention of Perfios that this condition has been stipulated or violated, then, without providing any notice to You, Perfios shall forthwith disable or delete such accounts. Platinum plan subscribers are allowed to add only upto 5 corporate banking accounts. This also comes with a limit of only 20,000 transactions, in total in these 5 corporate accounts.
j) Please note owing to the constant business changes, the Company endeavours to change the Services it provides or upgrade or revise them. This is done to provide better and more efficient services to You. Any such changes, upgradation or revision shall be done 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.
a) For ‘Perfios.Advisor’ – Only Platinum level subscribers of MyFinance would be permitted to utilize this service. Under this feature, a User can grant None, Complete or restricted access to his/her financial advisor for accessing his/her Perfios accounts available at the Company’s website to make an informed decision about his/her portfolio. The level of access to be provided to a financial advisor will be at the sole discretion of the User and the User can change these access restrictions at any time.
a) Third Party Services – Perfios now offers Value Added Services to its users in association with third party service provider/s in order to facilitate additional services which would be of tremendous use to you. Perfios has entered into an agreement with such value added service providers. Perfios is merely a facilitator for such services.
The third party could be an individual, company, a proprietorship concern, a partnership firm or an agency. All services and information exchanged between You and such third party, will be as per the terms and conditions stipulated by such third party. The said third party is solely responsible for all information provided by You. All liability and risk associated with such services will also be the sole responsibility of the third party.
While Perfios does take standard precautions to ensure that you are not in any way hindered by usage of such third party services and the said third party meets all legal requirements for rendering the services, you are advised to check directly with such third party regarding any questions on terms or their services. On Your use of such third party services, we presume that You have understood the terms and conditions as well as any risk in using such third party services and also that you agree to abide by the terms stipulated by such third party.
Any issue or dispute relating to a third party shall be resolved between the third party and You. Perfios shall not offer any assistance on the same or be held liable or responsible under any circumstance for the same.
We only share your registered email ID with such third party service providers based on your explicit consent, none of your other personal information is shared with such parties.
You agree, understand, confirm and state that the card details provided by You to transact on the Website will be correct, accurate and is owned by You. In the event You use the card belonging to any third party, then, You confirm that you have been authorized to or expressly permitted by such third party to use the card for making payments.
The Company shall provide Support to You with regard to the Software Application and the Services. All Support services shall be through e-mail only, wherein You will send an email to the Company detailing the issue to firstname.lastname@example.org.
a. For PLATINUM user – Any support query from a platinum user is given the highest priority over queries from other type of users (Gold and Free Forever).
b. For GOLD user – Queries from Gold users will be given priority over support queries over Free Forever users.
c. For FREE FOREVER users – Initial response will be made within 48 hours and depending on the the complexity of the issue reported, it will be responded within the next 5 working days.
The Company states that the data provided by You shall belong solely and exclusively to You. As such, You are permitted to remove or delete the data, so provided, either in full or any portion, at any point in time as You desire. The Company requests You to notify the Company of such removal or deletion.
In the event, You desire the Company to remove or delete all or any portion of the data belonging to You, then, the same needs to be provided in writing to the Company. Upon receipt of such written request, the Company will do the needful forthwith and notify You of the same. The Company will not retain any copies of such data on its server or in any other place.
In this regard, the Company warrants that it cannot access such deleted material at any point in time. Any contact, information or access that the Company had towards such data or material or accounts will cease forthwith. However, certain portions of Your data, which the Company had maintained on its servers may remain either in backups or in transaction logs. These are maintained only for the specific purpose of backup or to provide Services to You in the event of any malfunction or damage to our server in order to ensure continuity of our service without disruption.
The Company may send You communication, notices or alerts from time to time. These alerts and communication will be sent automatically by the Company to You. In case You have suppressed the receipt or disabled or marked alerts or communication in general to be junked, the Company recommends You to revise the same and activate the receipt of alerts to Your proper destination. As such any communication from our end will be related to the Services and not any marketing or spam mails.
Changes to Your email address will apply to all of Your alerts.
Any e-mail which is sent by Perfios.com, its contents and attachments, if any, are intended solely for the attention of the addressee/s and may also be privileged. If You are not the addressee You may not copy, forward, disclose any part of any message received or its attachments and if You receive a message in error, please delete the said message from Your system and notify us immediately.
You agree and acknowledge that internet communications cannot be guaranteed to be secure or error free. Any information sent via internet could be intercepted, corrupted, lost or contain viruses. Perfios.com therefore does not accept responsibility for any errors or omissions in messages received by You which may arise as a result of internet transmission.
As the provision of Services includes You providing us with information, data, passwords, usernames, personal identification numbers and other materials and contents, suggestions, ideas, feedback, etc., You are hereby expressly granting us the license and right to utilize the same for and on Your behalf in order to provide the Services.
The Company may or will use such information with the sole purpose for providing You the required Services and not for any other purpose. As such, You hereby warrant and represent that You are duly authorized to submit or represent the third party on behalf of whom You are providing these information to the Company. Further, You acknowledge and agree that these materials, suggestions, feedback and information can be utilized without any obligation or restriction on the Company in terms of payment of fee or any other limitations for marketing, promoting, advertising or other purposes.
By using the Service, You expressly authorize the Company to access Your accounts maintained by identified third parties, on Your behalf as Your agent. When You use the specified feature of another additional account of the Service, You will be directly connected to the website for the third party You have identified. The Company will submit information including usernames and passwords that You provide to log you into the site. You hereby authorize and permit the Company to use information submitted by You to the Service (such as account passwords and users names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which You submit Your information.
The Company also collates information about the use of the Services by You including the banks or Financial Institutions with whom You transact and use the same for statistical or other forms representation and at all times ensuring that there will be no personal data revelation.
We, as part of our Service, encourage and permit You to post Your messages or content on any publicly available forums, blogs and other locations on the Website.
By using or posting messages or data or any other information on such forums, blogs and other public locations, You expressly agree that You and only You, are responsible for all the matters contained in such content. You further, represent and warrant to us that You have all the necessary rights to post such messages or information or content and grant us a perpetual, worldwide, royalty free, non-exclusive, transferable and sub licensable right to use, reproduce, distribute, display, modify, amend, perform, etc of such content or information to promote, modify or redistribute this Website, including preparation of any derivative works thereof, in any form and through any medium without any restrictions thereof. You expressly agree that all the rights granted under this paragraph will also be available to each and every user of this Website.
Further, if You intend to use a forum, a blog or any other feature available on this Website, then, You should make an independent and informed choice about submitting Your personal identifiable information. All personally identifiable information submitting on such forums, blogs or community features can be read, collected or used by any third party. There is a danger of such information being misused or misappropriated. We do not have control over such actions and we are not responsible or liable for the personally identifiable information that You as a user have chosen to submit on a public platform.
In case of any violation of this condition, then, Perfios reserves the right to forthwith stop your participation on such public forums.
Notwithstanding anything contained anywhere in this Agreement, You hereby fully confirm and agree that the Company will not be held liable or responsible for any restriction or rejection or failure to provide services for the following occurrences:
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 not provided (i) accurately; or (ii) or has been misleading; or (iii) the provider is not authorized to provide such information.
c) The Financial Institution where the accounts rest are rejected or returned or the transaction or part thereof, is cancelled or terminated by a the bank or the person requesting the services; or bank states that the account details provided do not match the information provided by the Company;
d) Any fraudulent or negligent activity of the person providing the information;
e) Any server issues at the Financial Institutions end;
f) If the provider of information fails to confirm or agree to the terms and conditions with the Company.
You acknowledge and agree that this Website and any necessary software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content or software on this Website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material 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 You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Website, the Services offered thereto or any software thereto, in whole or in part.
You acknowledge that the entire Website and its contents including the software is owned or duly licensed to the Company and are protected by the Copyright laws in India and under international treaty provisions. All trademarks, service marks, and logos used and displayed on this Website are registered to and/or owned by their respective owners. Nothing on this Company Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on the Website, without the prior written consent and permission of the Company or the respective owners.
You may download or print a copy of information provided on this Website for Your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this Website in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent.
You agree NOT to do to the following:
(a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) impersonate 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 Site;
(d) Collect or store personal data about other users;
(e) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(f) Intentionally or unintentionally violate any applicable local, state, national or international law;
(g) Upload, post, email, transmit or otherwise make available any material that contains software viruses 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 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 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 this Website, either in whole or part;
(j) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website, 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 or in any way making up a part of this Website or the Service.
(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) You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of this Website, 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 Service to others.
You agree that any employment or other relationship You form or attempt to form with an employer, employee, or contractor whom You contact through areas of this Website that may be designated for that purpose is between You and that employer, employee, or contractor alone, and not with us.
(a) Information You Give Us: We receive any information You enter on our Website or give us in any other way. However, except Your email address or mobile number used by You for becoming a member and availing the Services by registering Yourself on the Website, We do not store any personal or sensitive personal information on our server. They remain with You on Your system.
You can choose not to provide certain information, but then You might not be able to take advantage of many of our features. We use the information that You Provide for such purposes as responding to your requests, customizing future commercial transactions, improving our data base, and communicating with You and utilizing/exploiting/disclosing, without prejudice to any of Your other rights, the same for any other, whether commercial or non-commercial purpose which the Company in its sole discretion considers necessary for its business purposes or otherwise.
You can add or update certain information. When You update information, we usually keep a copy of the prior version for our records.
(b) Automatic Information: We receive and store certain types of information whenever You interact with us. Our server logs Your activities for various diagnostic and analytical purposes. However, other than the IP address of Your machine from where You are accessing the Service, there are no other personal information maintained by the Company in the logs.
(c) E-mail Communications: To help us make e-mails more useful and interesting, we may request to receive a confirmation when You open e-mail from Your end if Your computer supports such capabilities.
(d) Sharing of Information Received by the Company: You can tell when another business is involved in Your transactions, and we share, use or, disclose customer information related to those transactions with that business.
(e) Business Transfers: As we continue to develop our business, we might be acquired completely or merge with any other Company. In such transactions, customer information generally is one of the transferred business assets. In such a case, we will intimate to You of the same and ensure the protection of Your information as per these policies and guidelines.
(f) Protection of the Company and Others: We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and other similar matters.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input. We constantly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges. We do not and will not sell or rent Your personal information to anyone, for any reason, at any time, unless it is in (i) in response to a valid legal request by a law enforcement officer or government agency or (ii) when You have explicitly or implicitly given Your consent, or (iii).utilize the same for some statistical or other representation without disclosing personal data.
We only reveal those numbers of Your account as required to enable us to access and provide You the required services relating to Your accounts.
We make every effort to allow You to retain the anonymity of Your personal identity and You are free to choose a Login ID email address and password that keeps Your personal identity anonymous. Access to Your Registration Information and Your personal financial data is strictly restricted to those of our Company employees and contractors, strictly on a need to know basis, in order to operate, develop or improve the Service. These employees or contractors may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
With the exception of a Login ID in the form of an email address, which may be provided on an anonymous basis, and Your Third Party Account Information, which is required for providing the services, the Company does not require any information from You that might constitute personally identifiable information.
It is important for You to protect against unauthorized access to Your password and to Your computer. Be sure to sign off when finished using a shared computer.
As described in this Agreement and with Your consent, the Company will from time to time connect electronically to Your online bank, credit card and other online financial accounts and obtain Your financial transaction details account information from those third parties in order to provide the Service to You.
Conditions of Use, Notices, and Revisions
GENERAL QUESTIONS AND COMPANY RESPONSE
Many of our Users have questions regarding the collection usage, storage and deletion of the information provided by them. The following questions and response is provided for easy guidance.
a) What personal information is collected from the user?
b) How this information will be used by the company
c) How the company transfers data to third-party companies
d) How to modify or delete this personal information or opt-out
THE CONTENT AND ALL SERVICES ASSOCIATED WITH THIS WEBSITE OR PROVIDED THROUGH THE SERVICE ARE 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 OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING (i) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THIS WEBSITE OR (ii) OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY ENGAGES AND EMPLOY THE BEST METHODS TO SAFEGUARD AND PROTECT AGAINST VIRUSES, INFECTION., ETC, HOWEVER, DESPITE SUCH BEST EFFORTS, THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
THE COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR 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 ARISING – IN ANY WAY, SHAPE OR FORM – OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE SERVICE ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THIS WEBSITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, and employees, from and against all loss, damages, claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by You, any misrepresentation or misuse of the Service offered to You or any negligent or unreasonable or inappropriate use of the Website or the Services.
This Agreement to be applicable and shall be binding on the parties, i.e., You and Perfios, unless terminated as specified below:
(a) by You, by providing a written notice of at least 3 (three ) business days;
b) closure of Your account by Perfios or You for any reason immediately;
(c) The Company may terminate this Agreement and close Your account if it comes to the knowledge of the Company that You have breached any of these terms and conditions, whether intentionally or by implication;
(d) The Company may terminate the Agreement, it is so required to be one by an express direction of law
All termination notices have to be forwarded to email@example.com.
Perfios hereby expressly states that this Service (including, without limitation, the underlying network, system, software, servers, various directories and listings, various message and news and bulletin boards, blogs, tools, information and databases) is intended for End Users who are legally permitted to enter into a contract. This Service is not intended for the use of minors or people who are not permitted to enter into a valid and binding contract. In the event if it comes to the attention of the Company, from authentic and valid resources, that a particular End User does not meet this criteria, then, the Company will forthwith close the account of the said End User and will delete all information and content which is relating to that End User without any obligation or liability towards such End User from the Company’s records.
The Company controls and operates this Website from its registered office in Bangalore, India, and makes no representation that these materials are appropriate or available for use in other locations. If You use this Website from other locations, You are responsible for compliance with applicable local laws. This Agreement shall be treated as though it were executed and performed in Bangalore, India and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Bangalore, India. All disputes that may arise shall be resolved in accordance with rules specified under the Indian Arbitration and Conciliation Act, 1996 and venue for arbitration shall be Bangalore. The courts in Bangalore shall have the sole jurisdiction regarding the subject matter of this Agreement.
(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 way.
(c) To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
(d) 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.
(e) This Agreement may only be amended by either the same electronic means as were used to enter into this Agreement or in a writing that specifically refers to this Agreement, executed by both parties hereto.
END OF TERMS & CONDITIONS