By registering for or otherwise accessing or using the application / service, or any component thereof, in any manner whatsoever, you (a) acknowledge that you have read and understood this agreement and consent to become a party, (b) represent that you are in compliance with all requirements hereunder, and (c) agree to be bound by and comply with the terms and conditions in this agreement.
The application and the service is offered and made available only to users who are lawful owners. If you are not such a user, please do not access or use the application.
"Application" means the Fino Mitra mobile software application that Fino Payments Bank has provided to you.
"Customer(s)" means a Fino Payments Bank Business Correspondent who has (a) downloaded the Application on his or her Device for availing the Services for use in accordance with and as agreed with Fino Payments Bank, and (b) if applicable, has validly registered on the Service through the necessary registration process. 'Customers' include you. Customer should be minimum of 18 years of age for downloading the application.
"Device" means any mobile device (including handsets and tablets) on which Fino Payments Bank allows the downloading and use of the Application for providing the Services.
"Service(s)" means all services that Fino Payments Bank provides to Customers through the Application.
1. Customers use of the Application and the Service (a) must strictly be in accordance with this Agreement, and includes only the right to download, install and use the Application. The terms of this Agreement will govern any upgrades, updates, modifications or enhancements of the Application.
2. Customers may use the Application and the Service only in India, unless otherwise allowed by Fino Payments Bank.
3. To avail the Service you may provide username, password, shared by Fino Payments Bank. You are responsible to ensure that all information you provide in connection with the foregoing is correct and accurate. You will be solely responsible to ensure protection and confidentiality of all your username or passwords or account. The Customer shall take all necessary precautions to prevent unauthorised and illegal use and unauthorised access to his/ her account through the Application. Fino Payments Bank shall not be responsible for any misuse of the Customer's Device or unauthorised access to the Customer's account details by any third party. Fino Payments BankÂ expressly disclaims any and all liability, howsoever, arising out of the misuse of the Application downloaded by the Customer. FINO PAYMENTS BANK WILL NOT BE RESPONSIBLE FOR ANY UNAUTHORIZED, UNLAWFUL OR ILLEGAL USE OF THE SERVICE OR THE APPLICATION BY ANY CUSTOMER OR ANY OTHER PERSON WHO IS NOT A VALID USER.
5. Access to and use of the Service may be internet based. You will be responsible for obtaining Internet connectivity and paying all fees in connection with it. In addition, you must procure all equipment necessary to ensure access to the Internet and to be able to use the Service. The Customer agrees and acknowledges that data charges will remain applicable for downloading and using the Application.
6. You agree and understand that use of the Application involves tracking your location and data pertaining to signal strength. This data will be used to deliver a better network experience.
7. By agreeing to use or continue to use the Application, the consumer agrees to allow Application and the app publisher, Fino Payments Bank access necessary information for provision of Services and continued use of the Application.
8. The Application and the Service and all copyrights, patents, trademarks, trade secrets and other intellectual property rights, including but not limited to Fino Payments Bank trademarks, service marks, logos and taglines, relating to the Application and the Service are, and shall remain, the exclusive property of Fino Payments Bank or the third party licensors, as the case may be.
9. Customer shall not (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, (b) make any modification, adaptation, improvement, enhancement, translation or derivative work of the Application, (c) violate any applicable laws, rules or regulations in connection with Customer's access or use of the Application, (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Fino Payments Bank or its affiliates, or the licensors of the Application, (e) use the Application for any other purpose for which it is not designed or intended. This provision shall survive the termination of License.
10. Customer may not rent, lease, lend, sublicense or transfer the Application, this Agreement or any of the rights granted hereunder to any third party. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
12. YOU EXPRESSLY AGREE THAT THE DOWNLOAD, INSTALLATION AND USE OF THE APPLICATION AND THE SERVICE IS AT YOUR SOLE RISK. THE APPLICATION AND SERVICE ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE AND THE APPLICATION, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION OR THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH THE CUSTOMER's DEVICE.
13. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER UNDER LAW, CONTRACT OR TORT (INCLUDING NEGLIGENCE), FINO PAYMENTS BANK, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, AND/OR FOR LOSS OF PROFITS, REVENUES, DATA, BUSINESS, PRODUCTION OR GOODWILL, OR FOR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT FINO PAYMENTS BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL OTHER DISCLAIMERS AVAILABLEÂ OR ANY OF THEÂ ASSOCIATED PAGES OR LINKS THEREIN, ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE.
14. Customer may elect to discontinue using the Application and the Services, and may request Fino Payments Bank to deactivate the Customer's account from the Application / Service by giving a 30 days written notice or by informing Fino Payments Bank's customer care representative 30 days in advance. If the Customer's Device is stolen or lost, the Customer must immediately inform Fino Payments Bank's customer care representative to deactivate the Customer's account on the Service. Customer will remain responsible for any transactions made until the Application is blocked by Fino Payments Bank. Customer shall immediately uninstall the Application in case the Customer changes his/her Device.
15. Any dispute or claim (contractual or non-contractual) arising out of or in relation to this Agreement, including disputes as to its formation, will be governed by and construed in accordance with Indian laws, without regard to its conflict of laws rules, and the courts in Mumbai will have exclusive jurisdiction.
16. Use of the Application / Service is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or national law. Fino Payments Bank expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or national law.
17. Fino Payments Bank's performance of this Agreement is subject to existing laws and legal process and the policies and business decisions of Fino Payments Bank, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
18. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
20. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21. Fino Payments Bank may modify or amend the terms of this Agreement by posting a copy of the modified or amended Agreement on the Application. Customer will be deemed to have agreed to any such modification or amendment by Customer's decision to continue using the Application following the date on which the modified or amended Agreement is posted.
22. GAIDs - We utilize the Google advertising IDs or GAIDs for promotions and marketing campaigns so that target segment customers are reachable and their banking and payment needs are met. This will also help us in analysing the customer needs and cross-selling products basis customer engagement and daily needs.
1. Data Collection
2. Use of Personal Data
1. to identify you from time to time, as required, and to validate your use of the Services,
2. to provide you with the Services and the display of customized content, and targeted advertising both on our apps/websites and on other apps/websites that we advertise through,
3. to communicate with the Software and Services and for resolving customer service issues,
4. to ensure the technical functioning of all our products and services,
5. to protect the Software's copyright,
7. to comply with laws, requests from a government bodies or courts, or to respond to litigation,
8. to enable us to use a third party to perform surveys measuring your experiences and use of our services,
9. to conduct internal auditing, data analysis, and research to improve our products and services.
10. to transfer user information to Fino Payments Bank owned domains including but not limited to https://partner.finopaymentbank.in/cmslogin
11. We may share images which are taken as part of acquisition flows with Government authorities as on when mandates as part of Digital KYC / eKYC regulation.
12. Images we may use for internal Audit purpose.
We may also encrypt and or aggregate your data with other user's data in order to create statistics about the general use of the Software and related websites, which helps us to develop new products and services.
3. Links to other websites
Fino Payments Bank has implemented adequate and industry accepted processes designed to protect Personal Data and maintain security. It is the User's responsibility to protect the security of their login information. Fino Payments Bank's servers are located in secure server environments. Firewalls and other advanced security technologies are employed to prevent interference or access from outside intruders. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data.
The Software Service may allow you to choose the manner of and the extent to which you wish to disclose the Personal Data. You may also be allowed to disable some of the features that require sharing of Personal Data.
As part of Registered Device Functionality, SIM Binding is required for this functionality which is validated through the network operator. This is part of the secure tokenization framework where the merchant does the registration using his mobile number from an authenticated device and can do the transaction only from this device at any time. Also to restrict fraudulent activities, merchant can only register on this app when registered number SIM is present in the mobile.
9. Governing Law & Jurisdiction
This policy will be governed by and construed in accordance with the laws of India and subjected to the exclusive jurisdiction of Courts of Mumbai.