Terms and Conditions

Introduction

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder, as applicable and amended from time to time. This electronic document is generated by an electronic system and does not require physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and any other applicable rules made thereunder that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of the website.

These terms of use (“Terms”) govern the use of Fin Meadow's website pro.getsense.co, its mobile application or any other platform or medium through which the Services (defined hereinafter) are made available (“Website”), and the products, services, features and technologies offered on our Website, or in any other manner, including by way of a SaaS or enterprise model (collectively, the “Services”) by Fin Meadows Technologies Private Limited, including any Services offered by its holding company, associated entities, subsidiaries or any affiliated entities (“Fin Meadows”), a private limited company incorporated under the Companies Act, 2013, with its registered office at IndiQube Excellence, B16 & B17,Thiru-Vi-Ka, Industrial Estate, Guindy, Chennai City Corporation, Tamil Nadu - 600032, India.

By accepting these Terms or by accessing, using, viewing or availing any part of the Service, you expressly agree and consent to being irrevocably bound by these Terms and all of the terms and conditions set out herein. If you do not agree with any of these Terms, you must immediately cease accessing and/or using the Website, or the Services being provided under these Terms. Your acceptance of these Terms will operate as a binding agreement between you and Fin Meadows.

We may amend these Terms at any time by posting an updated version on the Website, with or without prior intimation. The updated version of these Terms shall take effect immediately upon us posting it on the Website. It is your responsibility to review these Terms periodically for updates / changes, if any. Your use of the Services following the posting of changes shall mean that you accept and agree to the revision(s)/modification(s), in its entirety.

Fin Meadow's [pro.getsense.co/privacy-policy] (“Privacy Policy”), is provided separately on the Website and is an integral part of these Terms. Thus, while accepting these Terms, you confirm that you have read and unequivocally accepted our Privacy Policy, as well.

Use of Website
1. By using the Services or Software, you agree that:
  1. your use of the Website and/or Service and/ or Software, shall not violate any applicable law, and if any applicable law restricts or prohibits you from using the Services or Software, you must comply with those applicable legal restrictions or, if applicable, stop accessing and/or using the Website and/or Services and/ or Software;
  2. you shall be solely responsible for fulfilling your obligations specified under the agreement between you and Fin Meadows, entered for the purpose of the project;
  3. you shall not use your account for any illegal activity;
  4. you shall not use your account to transmit repetitive messages (spam), junk e-mail, advertise and/or to solicit; and
  5. you shall not post any, unlawful, objectionable and offensive information including but not limited to abusive, threatening, libelous remark, racial, sexual, or obscene.
2. Unless otherwise provided in any other agreement that you may enter into with Fin Meadows, you agree that you shall use the Website and the content including but not limited to text, Third- Party Information (as defined below), and information retrieved through the use of the Website (“Content”), for your business use only.
3. In order to avail any Services on the Website, you may be using or have access to certain Third-Party Information. The term “Third-Party Information”, for the purpose of these Terms and Services and Privacy Policy provided on the Website, shall mean and include any information collected from by a third-party information source which may or may not be publicly accessible (as the case may be) by Fin Meadows, vis-à-vis, Services provided on the Website, any may include data Fin Meadows processes in an anonymized form whilst performing its Services. Fin Meadows, whilst providing its Services on the Website or Software (as defined below), shall not be responsible for your access to or your use of such Third-Party Information. Except as otherwise provided in any other agreement that you may enter into with Fin Meadows, you hereby agree that you have obtained explicit written authorization and consent, from all such subjects/individuals whose information you verify/provide data against, in the format required by the applicable laws in force, from time to time and store, process or transfer the same in your custody in accordance with such laws. You hereby represent and warrant that Fin Meadows shall not be held responsible, liable or accountable in any manner or to any extent whatsoever, for your failure to perform obligations under these Terms.
4. Fin Meadows reserves the right to change the Terms, Website, Software and/or Services without any notice or liability.
5. Fin Meadows has the right to cancel any pledge to any project at any time without any reason.
Username and Password
1. Should you wish to avail any of the Services provided by Fin Meadows on the Website, you will be initially provided with test access to the Website in accordance with the terms agreed with Fin Meadows from time to time. In order to facilitate this test access, Fin Meadows shall provide a username and password to you to evaluate all the Services on the Website (“Login Credentials”). However, there is a limit to the usage of such test access, with the details being specified by Fin Meadows to you. In case you wish to avail any or all of the Services provided by Fin Meadows on the Website, you will be required to execute an agreement with Fin Meadows for availing such Services and will be subsequently shifted to production access with the same Login Credentials.
2. You shall take appropriate measures to protect the Login Credentials and make sure that you do not share the Login Credentials with any third-party.
3. Fin Meadows reserves the right to refuse your registration on the Website.
4. Fin Meadows reserves the right to revoke your access to the Website without prior notice, at any time, if it has reason to believe that there has been a misuse or unauthorized access or ownership of the Login Credentials.
Pricing
1. Certain features of the Website shall require you to pay a fee in order to use them. The fee payable by you varies depending on the Service you choose to avail on the Website. Fin Meadows shall separately provide you with details, including but not limited to payment terms, of each Service you choose to avail on the Website. It shall be your responsibility to view and assess details for each such Service before proceeding to avail the same on the Website.
2. If you choose to purchase any or all of these features available on the Website, the applicable fee payable by you will be as per the agreement that you enter into with Fin Meadows.
3. The fee payable is exclusive of goods and service tax, duties, levies, and fees and all other costs and expenses, statutory dues under applicable laws, which may change from time to time, or as otherwise stated in the agreement that you may enter into with Fin Meadows.
4. Fin Meadows reserves the right to make any changes in the pricing from time to time.
Intellectual Property
1. “Intellectual Property” shall mean all patents, patentable materials, inventions, algorithms, designs, copyrights, trademarks, domain names, trade secrets, know-how, including, but not limited to, the Software, source code, data, presentation, research, documents, product plans, products, pricing, Services, customers/ business information, methods, processes, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business related information and any other intellectual property, whether registered or not and whether arising by operation of law, contract, license or otherwise.
2. You acknowledge that all copyright, trademarks and other Intellectual Property rights in and relating to our Website, Software and the Services including all information, data, software, sound, photographs, graphics, video, messages, tags, formats, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available by us on the Website and via our Services or Software, (collectively “Company's Intellectual Property”), (other than the content which is contributed and owned by you) is owned by or licensed to Fin Meadows.
3. Fin Meadows grants you a revocable, non-exclusive, non-transferable limited license to access and use the Company's Intellectual Property solely for the purpose of availing the Services.
4. You acknowledge and agree that other than license granted to you by these Terms, and you shall have no ownership or property interest in any of the Services or Company's Intellectual Property. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services.
5. Further, you must not make use of any technological measures designed to control access to, or elements of, the Website and/or the Services.
6. You hereby agree and acknowledge that the rights granted to you under these Terms do not convey any additional rights in the Services provided on the Website or on the Software, or in any Company's Intellectual Property associated therewith.
7. Fin Meadows does not claim ownership of any Third-Party Information or other Information (as defined in the Privacy Policy) retrieved by you on the Website vis-à-vis the Services provided by Fin Meadows.
Software Related Terms
1. These Terms also govern the software solutions provided by Fin Meadows which may include associated media, printed materials, and documentation (“Software”). The Software also includes any updates and supplements to the original Software as may be provided to you from time to time by Fin Meadows.
2. The Software is licensed, not sold. Fin Meadows grants you a non-exclusive, nontransferable and limited license to install and use the Software internally in accordance with the Terms. The Software is exclusively owned by Fin Meadows and all rights not expressly granted hereunder are reserved by Fin Meadows. You may install and use the Software, on a single server for use over its network. Save as set out in Clause below of this Terms, you are expressly prohibited from installing the Software on more than one server or from using it outside its local area or wide area network which includes usage over internet. These Terms are personal to you and you are hereby expressly prohibited from selling, sub-licensing or otherwise transferring the Software to any other person or legal entity. No license is granted to you for any other purpose. You may not sell, rent, loan or otherwise encumber or transfer the Software in whole or in part, to any third party.
3. You shall provide all cooperation and assistance as Fin Meadows may reasonably request to enable Fin Meadows to exercise its rights and perform its obligations under, and in connection with these Terms.
4. You shall use commercially reasonable efforts to cause the authorized users to be, at all times, educated and trained in the proper use and operation of the Services, and to ensure that the Services are availed in accordance with applicable manuals, instructions, specifications and documentation provided by Fin Meadows from time to time.
5. You shall be responsible for obtaining and maintaining both the functionality and security of any equipment and ancillary services needed to connect to, access or otherwise use the Services and Software, including modems, hardware, servers, software, operating systems, networking, web servers and the like.
Restrictions on Use
1. You may not reverse engineer, decompile or disassemble the Software. You may not modify the Software or disable any licensing or control features of the Software. You may not reproduce or adapt any part of the Software for any purposes without the express consent of Fin Meadows.
2. Except as provided in these Terms, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You shall not utilize the Software in a manner, which is disparaging to Fin Meadows.
3. You shall not reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose or allow any third party to use the Software on behalf of or for the benefit of any third party or use the Software in any way which breaches any applicable local, national or international law, or use the Software for any purpose that Fin Meadows considers is a breach of these Terms.
4. You shall not remove or export from India or allow the export or re- export of the Software or anything related to the Software or Services, or any direct product hereof in violation of any applicable laws.
Interference and Malicious Code
You may not use this Website and Software, including uploading, posting or otherwise transmitting any Content, that could in any way transmit, directly or indirectly, any form of malicious or unwanted code or program to this Website or any servers, networks, systems or equipment of Fin Meadows or any third party, or would otherwise interfere with or disrupt this Website or any servers, networks, systems or equipment of Fin Meadows or any third party. You must at all times abide by all policies, procedures and other requirements established by any networks connected to this Website and Software. You also may not employ any spiders, bugs, robots or other similar data mining programs or techniques on any materials or otherwise in connection with your use of this Website and Software.
Representation and Warranties
1. When you use the Website and/or the Services and/or Software, You represent to Fin Meadows that:
  1. you fulfil the eligibility criteria set forth under Clause 1 of these Terms;
  2. all registration information you submit is truthful, complete and accurate and you will maintain the accuracy of such information;
  3. your use of the Website and/or the Services and/or Software, do not and will not violate any agreement to which you are a Party;
  4. your use of the Website and/or the Services and/or Software, prevents you from decompiling, reverse engineering, disassembling content, removing any Company's Intellectual Property associated with the Website and/or the Services and/or Software, including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices;
  5. you shall not access or use the Website and/or Services and/or Software, in any manner that may be harmful to the operation of Fin Meadows, the Website, Software or its Content;
  6. you shall not use the Services or the Software for purposes other than as contemplated herein, or use the Services or the Software in any way that is unlawful, or harms Fin Meadows or any other person or entity;
  7. you will not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or the Software, or any connected network, or otherwise interfere with any person or entity's use of the Website or the Software; and
  8. you will not delete or modify any Content of the Website or Software, such as disclaimers or copyright or trademark symbols and logos.
Disclaimer
1. The Services on the Website or the Software are provided “as is” without warranty of any kind. Some part of Website including the data procured on the Website, contains some third-party content (such as text, images, videos, audio, or software). Fin Meadows disclaims all warranties, whether express, implied or statutory, regarding the Website or the Software, including without limitation any and all implied warranties of merchantability, accuracy, authenticity and/or accuracy of data, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment and any warranties or conditions arising out of course of dealing or usage of trade. Further, Fin Meadows disclaims any warranty that your use of the Website or Software will meet any or all of your requirements or that such use will be uninterrupted or error-free.
2. Fin Meadows makes no guarantees with respect to the availability or uptime of any Services provided on the Website or through the Software. Fin Meadows may conduct maintenance on or stop providing any Services, at any time with or without notice due to an event including but not limited to (a) government order, (b) change or clarification in applicable law, (c) third-party server down time, (d) non availability/partial availability of data or any technical errors in the Website or other dysfunctionality of or where the underlying data has not been updated or if there is a slow-down in real time updates or updates are unavailable, erroneously updated or partially available, in any third party or governmental authority's records, where such data is sourced from any websites hosted by any third party or governmental authority including any local, judicial, quasi-judicial, municipal, or any other statutory authority or ministry, non-retrievability of such data in the stipulated time frame due to the servers of such website(s) being down and/or slow (due to increase in traffic or for any other reason); or in the event the website is shut down / dysfunctional or discontinues services or for any other reason whatsoever, which may in any way prevent, restrict or interfere with or otherwise adversely affect, the provision of the Services provided on the Website or through the Software.
3. Fin Meadows shall not be a party to any contract between you and/or the merchants, in any manner whatsoever.
4. Fin Meadows shall not be in anyway responsible and made liable for the settlement of the transaction amount to the merchants, or the contract between you and the merchant.
5. Fin Meadows shall not be liable for any damages or losses related to your use of the Services and/ or Software. When you use the Services and/ or Software, you release Fin Meadows from all such claims, damages and demands arising out of or related to use of the Services and/ or Software.
6. Fin Meadows shall not be a party to any disputes between you and the merchants, or between you and any third party, relating to the use of the Services and/ or Software.
7. Fin Meadows shall not be liable under any circumstances whatsoever, guarantee success of the transactions initiated by a customer of the merchant. All risk in relation to the success or failure of the project shall lie solely with you or the respective third parties.
8. All the Content you access through the Website and/ or Services and/ or Software, is at your own risk.
9. Fin Meadows may change the method of access to the Website or Software at any time. In the event of degradation or instability of Fin Meadows' system or an emergency, Fin Meadows may, in its sole discretion, without any prior notice, temporarily suspend your access to the Website or the Software.
Confidentiality
1. Fin Meadows has taken adequate measures to protect the security of your Information and to ensure that your choices for its intended use are honoured. Fin Meadows takes robust precautions to protect the Information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
2. Fin Meadows considers the confidentiality and security of the Information to be of utmost importance. It therefore uses industry standards, and physical, technical and administrative security measures to keep Information confidential and secure and Fin Meadows will not share the Information with third parties, except as otherwise provided in these Terms and the Privacy Policy. Please be advised, however, that while we strive to protect Information and privacy, we cannot guarantee or warranty its absolute security when Information is transmitted over the internet onto the Website or the Software. Fin Meadows will annually evaluate this necessity considering your privacy and our relation while keeping the applicable legislation in mind. Non- Personal Information (as defined in the Privacy Policy) of the user will be retained indefinitely.
Indemnity
You agree to indemnify and hold harmless Fin Meadows , its owners, affiliates, subsidiaries, group companies (as applicable) and their representatives, directors, agents, and employees, from any claim, suits, proceedings, disputes, demands, liabilities, damages, loss, costs, demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or violation of any law, rules or regulations or the rights (including infringement of any Intellectual Property rights) of a third party by you.
Limitation of Liability
1. Fin Meadows shall not be liable to you for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of direct or indirect, incidental, economic, compensatory, punitive, exemplary or consequential losses arising out of performance or non- performance of its obligations under these Terms.
2. At any point of time, Fin Meadows' liability for any loss arising from any transaction carried out by you on the Website, whether on a license model or otherwise, shall not exceed the fees paid by you to Fin Meadows: (a) in the preceding 1 (One) month; or (b) for that particular transaction, whichever is lower.
Termination
1. Fin Meadows, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Services provided on its Website or Software, at any time for any reason including termination for breach of any of these Terms.
2. If you wish to terminate these Terms, you must immediately stop accessing or using the Website and refrain from using our Services, and inform Fin Meadows in writing of such termination.
3. The Clauses contained in these Terms that by their nature should survive termination of your usage of the Website shall remain in effect after such termination.
Force Majeure
Fin Meadows shall not be liable for any failure to perform any of its obligations under these Terms if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. Each Party shall promptly inform the other of the existence of a Force Majeure Event and shall consult together to find a mutually acceptable solution. “Force Majeure Event” means any event due to any cause beyond the reasonable control of Fin Meadows including, without limitation, unavailability of any communication system, breach or virus in the processes or payment and, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking unauthorized access to computer data and storage devices, computer crashes, etc.
Governing Law and Dispute Resolution
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Chennai, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Chennai, India and the language used shall be English.
Conflict
Notwithstanding anything to the contrary contained in this Terms and/or the Privacy Policy, in case of any conflict between any terms of this Terms and/or the Privacy Policy and/or and any other agreement that you may enter into with Fin Meadows for availing the Services, the terms of the agreement executed with Fin Meadows for availing the Services shall prevail at all times.
Waiver
Notwithstanding anything to the contrary contained in this Terms and/or the Privacy Policy, in case of any conflict between any terms of this Terms and/or the Privacy Policy and/or and any other agreement that you may enter into with Fin Meadows for availing the Services, the terms of the agreement executed with Fin Meadows for availing the Services shall prevail at all times.
Contact Us
If you wish to make a complaint regarding any violation of the provisions of these Terms, you may send a written complaint to the grievance officer, who shall address the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder. The name and contact details of the grievance officer are provided below:
Name: Pravin Yadav
Address: 2 nd floor, B16 & B17, Thiru Vi Ka Industrial Estate, Guindy, Chennai Tamil Nadu, 600032
Cell: +91 8925473337
Email ID: info@getsense.co
If you have questions or concerns about these Terms, please contact Fin Meadows at info@getsense.co.

Product

Company

Resources

Social

Legal