Finjinn Terms & Conditions

1. Introduction
 

a)    The terms and conditions contained hereinafter (“TERMS OF USE” or “TERMS” or “AGREEMENT”) shall apply to the use of the Finjinn mobile application services owned by Paybooks Technologies India Private Limited and any other linked pages, websites, products, software(s), API keys, features, or content in connection therewith, offered from time to time by Finjinn (“WE” or “OUR” or “US”) (collectively, “APPLICATION”).
 

b)    Any person logging on to or using the Application, even when such person does not avail of any services provided in the Application (“SERVICES”) (hereinafter referred to as a “CUSTOMER”,) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately put up on the Application) and unconditionally and irrevocably accepted the terms and conditions set out herein. These Terms of Use, together with the Privacy Policy, constitute a binding and enforceable agreement between the Customer and Finjinn.
 

c)     For the purpose of these Terms of Use, wherever the context so requires, the term “Customer” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.
 
d)    It is clarified that the Privacy Policy (that is provided separately), forms an integral part of these Terms of Use and should be read along with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the Customer.
 

2. Provision of Services
 

a)    Subject to these Terms of Use and Privacy Policy, Finjinn offers the Services set forth below:
 

i.      Payroll Automation

ii.     Payroll Compliance management

iii.   Employee and Compliance Payments

iv.   Employee and Manager Self Service

 

b)    Finjinn is constantly evolving in order to provide the best possible experience and information to its Customers. Customer acknowledges and agrees that the form and nature of the Services which Finjinn provides may change from time to time without any prior notice to Customer.
 

c)     As part of this continuing process, Customer acknowledge and agree that Finjinn may stop (permanently or temporarily) providing the Services (or any features within the Services) to Customer or to Customers generally at Finjinn’s sole discretion, without any prior notice. Customer may stop using the Services at any point of time. Customer does not need to specifically inform Finjinn when Customer stops using the Services.
 

3. Compliance Guarantee
 

a)    Subject to the Terms of Use and the Customer sharing the relevant registration details, login credentials and paying Finjinn on time and in the manner required by us to make the necessary remittances, Finjinn gives the option, based on the subscription plan chosen by the Customer, to avail of the compliance guarantee services (“Compliance Guarantee”).

b)    This Compliance Guarantee Service covers the following compliances
       

i. Employees’ Provident Funds & Miscellaneous Provisions Act, 1952

ii. Professional tax of various States which have provision of online filing and payment

iii. Income Tax, 1961 for Tax Deduction at source

iv. Employees’ State Insurance Act, 1948

 

c)     Finjinn shall, as part of the provision of this Service shall

i. suggest applicable payroll laws as per clause 3(ii) above based on the location of Customer’s business, team size and taxable income of employees

ii. calculate accurate compliance deductions

iii. file the relevant compliance forms on or before the due date and

iv. remit the compliance dues on or before the due dates.

v. Finjinn will also provide a monthly certificate of compliances being fulfilled by it, in the manner it deems fit. The application has an inbuilt assistant bot to help Customers complete the required steps. Finjinn reserves the right to modify the nature and terms of provision of these Services in its sole discretion.

d)    Subject to the limitation of liability and the Customer fulfilling all it’s obligations and conditions listed in this clause 3, Finjinn hereby agrees to indemnify the Customer for any fraud, gross negligence or wilful misconduct on part of Finjinn including any penalty or interest or late payment fee payable on account of remittances of Provident Fund, Employee State Insurance (ESI), Tax Deducted at Source (TDS) or Profession tax (PT) due to incorrect calculation or late payment by Finjinn solely attributable to any delay or negligence by Finjinn


e)     In order to provide timely, accurate Compliance services, to issue a Guarantee Certificate and to indemnify the Customer as described in clause (iv) above, the following conditions have to be met/fulfilled by the Customer.  
                                                            

i. Customer is operating out of only one location (that is a single State for all compliance fillings)

ii. Customer has or shall register with the appropriate authorities for all relevant compliances whenever applicable (Finjinn does not handle the registration with any authority for compliance purposes)

iii. Registration Number, Login ID and password issued by the various compliance authorities should be updated in the application to enable Finjinn to pay and file the compliances.

iv. In case of a change in password or other access credentials issued by the various compliance authorities, the same is promptly updated the same in the application

v. Details / Copy of Aadhaar Card, PAN Card, Bank Account, and any other details needed for meeting compliances for  new employees need to be made available to Finjinn, if compliance with Provident Fund, TDS and ESI is applicable

vi. Any and all pending issues and notices related to relevant compliances need to be addressed and closed by the Customer before signing up with Finjinn. Finjinn will not be liable with any compliance issues for periods before the Customer signed up with Finjinn

vii. The scope of compliance service is only limited to the employees processed in Finjinn.

viii. The required funds are transferred by the Customer in full to the Finjinn Digital AutoPay Account on the day of the salary payment, not later than the 3rd day of the month, for Finjinn to make the compliance payments. Partial payments made or payments made after the 3rd of the month will/may result in delayed/non payment of the compliance remittance by Finjinn.

ix. Any submission of hard copy documents or returns that need to be submitted, must be submitted by the Customer to the relevant departments and appropriate authorities.

 

f)      Finjinn does not provide Representation before Statutory Authorities as part of the standard scope of compliance services.

g)    Any and all changes in law, regulations, guidelines and legislature that add new or remove any existing pre-requisites from the list hereinafter mentioned will need to be successfully complied with and Finjinn is not responsible for any liability arising from the non-compliance of any of the pre-requisites on the Customer’s end.

h)    Terms specific to specific compliances are as below.
 

A.    For Provident Fund (PF):

i. Digital signatures of authorized signatories should be activated in PF Portal

ii. E-signature without DSC (Digital Signature Certificate) should be activated

iii. Know Your Customer (KYC) updates other than Aadhaar to be completed by respective employee of the Customer for UAN (Universal Account Number)

iv. Customer to make sure that their employees fill all required details

v. With respect to Provident Fund compliances, Finjinn will not be responsible if the non-compliance occurs for the any or all of the following reasons:

a)    Delay in creation of UAN (Universal Account Number) and/or linking of UAN due to non-availability of employee details;

b)    Delay in PF payment due to non-creation or linking of UAN due to incorrect employee details or non-availability of required employee details;

c)     Mismatch in employee details in Aadhaar and Employee Master;

d)    Any other discrepancy, inaccuracy at the Customer’s end.

 

B.    For Professional Tax (PT):

i. PT deductions depend on the State and the City where the Customer operates its business through its head office, sales office, factory, etc. and only states that have online remittance and return facilities are covered by Finjinn’s Compliance Services. The following states currently have online facilities for PT and only customers in these locations are provided the PT Compliance Services. This list is subject to changes by the respective states:

a. Andhra Pradesh

b. Karnataka

c. Kerala

d. Madhya Pradesh

e. Maharashtra

f.  Odisha

g. Tamil Nadu

h. Telangana

i.  West Bengal

j.  Gujarat – only cities of Ahmedabad, Rajkot, Gandhinagar, Bhavnagar, Surat and Jamnagar

 

C.    For Income Tax (TDS):

i. PAN number for all employees are updated either by the employee or Customer in the Employee profile page

ii. Validation of PAN numbers need to be done by the Customer. Finjinn will only consider the PAN as updated in the application and will not verify the same.

iii. As per prevailing Income Tax Rules option to opt for new regime will be provided to all Employees by Finjinn only once in a financial year

iv. If no PAN number is available a flat 20% Income tax will be deducted

v. Finjinn will not be responsible if the non-compliance occurs for the following reasons:

a)    Delay in filling quarterly returns due to non-availability of Employee’s PAN details;

b)    Delay in filling quarterly returns due to late receipt of signed Form 27A.

c)     Any other discrepancy, inaccuracy at the Customer’s end.  

 

D.    For Employee State Insurance (ESIC):

 

i. All required details for ESIC IP creation should be updated in the system on the joining date of employees. The mandatory details include:

a.     Name as per Aadhaar Card

b.     Date of birth as per Aadhaar Card

c.     Mobile Number

d.     Bank Details of employees

e.     Details of family members of employees

f.      Nominee details

 

ii. Finjinn will not be responsible if the non-compliance occurs for the any or all of the following reasons:

a)    Delay in creation of IP due to non-availability of employee details

b)    Delay in remittance of ESIC due to non-creation IP due to non-availability or incorrect of employee data

c)     Any other discrepancy, inaccuracy at the Customer’s end

 

i)      Details of Finjinn and Customer responsibilities for successful compliance is provided in Annexure A in the form of a responsibility matrix. 

j)      Subject to the limitation of liability, Finjinn agrees to indemnify the Customer for any fraud, gross negligence or wilful misconduct on part of Finjinn including any penalty or interest or late payment fee payable on account of remittances of Provident Fund (PF), Employee State Insurance (ESI), Tax Deducted at Source (TDS) or Profession tax (PT) due to incorrect calculation or late payment by Finjinn. However, Finjinn will not be responsible nor liable for any indemnification for non-compliance due to any or all of the following reasons (note that this list is only indicative in nature and not exhaustive):

i.   Delay or non Registration with applicable registrations

ii.  Delay in transferring funds into the Finjinn Digital Autopay Account

iii. Non-availability of funds in Customer’s Finjinn Digital Account at the time of payment;

iv. Non-availability of complete details of Customer’s employees

v.  Incorrect details entered by the Customer’s

vi. Any other errors, deficiencies or failure on the Customer’s end that leads or contributes in any way to the non-compliance.

 

4. Finjinn Digital Account
 

a)    Finjinn shall provide the service of facilitation of payments to employees, respective Governmental Authorities on behalf of the Customer using a virtual digital account (“Finjinn Digital Account”).
 
b)    Customer can avail the Services of the Finjinn Digital Account only if Customer fulfils the conditions mentioned in these Terms. If Customer is not eligible, the Customer agrees to immediately abandon any and all attempts to register with Finjinn, and cease use of Finjinn. We rely completely on the information provided by Customer and shall not be held liable if Customer or anyone who uses Customer’s account or the Services is not an eligible Customer. Notwithstanding anything contained under these Terms, we reserve the right to terminate Customer’s account, refuse to provide Customer with access to Finjinn and/or refuse to provide the Services to Customer, in whole or in part, in our sole discretion.
 
c)     Customer can avail this Finjinn Digital Account after providing KYC information, including any mandatory document and any other ‘officially valid document’ as required by us or under Applicable Laws. The Finjinn Digital Account will be operated under the following terms and conditions:
 

i. The money held in the Finjinn Digital Account, is held by Finjinn purely in the capacity of an agent and does not belong to Finjinn.

ii. Finjinn is merely enabling seamless payments to employees and for compliance remittances and is making payments on behalf of the Customer as per the instructions and authorization of the Customer on payee and timing as set by the Customer on the Application;

iii. Customer hereby authorizes us to hold, receive and disburse funds on behalf of Customer to enable us to make designated payments from time to time and such authorisation shall remain in full force and effect until the Customer’s Finjinn account is closed or terminated;

iv. All payment transactions initiated in the Customer’s account and login credentials are deemed to have been initiated by the Customer on Finjinn and the Customer shall be deemed to have given express approval to Finjinn to effect the payment transaction to the account number as provided by Customer;

v.  Customer is solely responsible to furnish correct and current payee information and Finjinn cannot be held responsible for any erroneous transaction due to any inaccuracies in the information provided by the Customer including but not limited to incorrect account number of the payee, incorrect data about the Customer’s business etc.;

vi. A transaction, once initiated by the Customer cannot be reversed back under any circumstance whatsoever.

vii. Finjinn may set limits taking into account the risk profile of the Customers, other operational risks, etc.;

viii. Customer can close the Finjinn Digital Account and transfer the balance into Customer’s pre-designated bank account.

ix. Customer may avail the Services of the Finjinn Digital Account, upon successful registration and creation of an account on the Application, unless restricted due to Applicable Law or due to internal policies of Finjinn;

x.  The currency of issue of the Finjinn Digital Account shall be Indian Rupees (INR);

xi. Customer can reload the Finjinn Digital Account by using only those modes of payment as enabled by us and permitted under Applicable Law. These payment modes may be revised by us from time to time at our sole discretion;

xii. When Customer opts to load money into its Finjinn Digital Account, Customer will be required to provide certain information (“Payment Details”) for the purpose of reloading. Customer acknowledges and agrees that by providing such Payment Details, Customer authorises us or any third party appointed for such purpose, to reload its Finjinn Digital Account. The Payment Details Customer provides must be true, complete, current and accurate. We do not bear any liability for the consequences if Customer provides false, incomplete or incorrect Payment Details;

xiii. Customer hereby agrees that, for the purpose of fraud prevention and security of the Finjinn Digital Account operations, we have the right to reduce and/or modify the re-loading limits and such other limits as may be prescribed in relation to the Finjinn Digital Account. Please visit the Application regularly and read these Terms to be updated of any changes;

xiv. Customer hereby authorizes us to hold, receive and disburse funds in its Finjinn Digital Account in the capacity of an Agent;

xv. Customer may not transfer its Finjinn Digital Account to any third party;

xvi. Customer agrees that any outstanding balance in its Finjinn Digital Account shall be forfeited after 3 (three) years from the time of expiry of Customer’s Finjinn subscription. Information about the forfeiture of Finjinn Digital Account balance shall be intimated to Customer at reasonable intervals, during the 45 (forty-five) days period (or such other intervals as mandated under Applicable Laws) prior to the expiry of the Customer’s Finjinn subscription. The intimation shall be sent to the Customer’s registered e-mail address or phone number. We shall not be held responsible or liable for any failure of delivery of the intimation to Customer. Customer expressly agrees and acknowledges that it shall have no claims against us for the balance forfeited from its Finjinn Digital Account;

xvii. All transactions in the Finjinn Digital Account shall be subject to Applicable Laws.

 

5. Acceptance of Terms
 

a)    Customer must be 18 years of age to enter into a binding agreement in order to accept the Terms. Customer has to accept the Terms by checking a checkbox or clicking on a button in the Finjinn App and/or the website indicating its acceptance of the terms or by actually using the Services. These Terms of Use supersedes the representations, warranties and prior agreements regarding this Application. Customer is required read the terms set out hereunder carefully before agreeing to the same. If Customer does not agree to these Terms of Use (including any referenced policies or guidelines), Customer should immediately terminate use of the Application.
 

6. Customer Registration Obligations
 

a)    Customer needs to sign up for a Finjinn account by providing all required information in order to access or use the Services. Customer agrees to: a) provide true, accurate, current and complete information about itself and its business as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If Customer provides any information that is untrue, inaccurate, outdated, or incomplete, or if Finjinn has grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Finjinn’s Compliance Guarantee Service would stand withdrawn, Finjinn may terminate  Customer’s account, and refuse current or future use of any or all of the Services.
 
b)    Customer understands and undertakes that Customer shall be solely responsible for its and its business entity’s registration data, data of employees including their bank account and Customer content and undertakes to, neither by itself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
 

i.         Belongs to another person and to which Customer does not have any right to;

ii.         Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, seditious, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

iii.         Harms minors in any way;

iv.         Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world;

v.         Violates any law for the time being in force;

vi.         Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vii.         Impersonates another person;

viii.         Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

ix.         Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or

x.         Is illegal in any other way.

 

c)     Customer agrees and understands that Finjinn reserves the right to remove and/or edit such detail/ information. If Customer comes across any information as mentioned above on the Application, Customer shall immediately contact us at care@finjinn.com.
 

7. Usage


a)    During the Term, Finjinn grants Customer a limited, non-transferable, non-sublicensable, non-exclusive right to access and use the Service and all modifications and/or enhancements to any of the software via any device owned or controlled by Customer for internal business use. Nothing in this Agreement obligates Finjinn to deliver or make available any copies of computer programs or code from the software to Customer, whether in object code or source code form. Customer agrees to use the service only in compliance with all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”).
 
b)    Customer agrees that it will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Application.
 
c)     Unless Customer has been specifically permitted to do so in a separate agreement with Finjinn, Customer agrees that it will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
 
d)    Customer agrees that it is solely responsible for (and that Finjinn has no responsibility to Customer or to any third party for) any breach of its obligations under the Terms of Use and for the consequences (including any loss or damage which Finjinn may suffer) of any such breach. Customer further agrees to the use of its data by us in accordance with the Privacy Policy.
 
e)     Finjinn may share any content (defined hereinafter) generated by the Customer or their registration data with governmental and regulatory agencies who are lawfully authorized for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force.
 

8. Payment Terms, Refunds, Cancellation
 

a)    The Services are available under subscription plans of various durations and construct depending on the nature of Services Customer avails. Customer subscription will be automatically renewed at the end of each subscription period unless Customer downgrades its paid subscription plan to a free plan, if made available as part of the choice of Customer plans. At the time of automatic renewal, the subscription fee will be charged to the payment instrument like bank account mandate, UPI ID, digital wallet or Debit/Credit card used by Customer previously. We provide Customer the option of changing the details if Customer requires the payment for the renewal to be made through a different card or use different payment information. Finjinn will email Customer an invoice/notification both before charging the Customer and will issue a receipt/invoice when Customer’s payment instrument has been charged. If Customer does not wish to renew the subscription, it must unsubscribe from the application by navigating to the Unsubscribe option in the app at least 5 days prior to the renewal/auto charge date. Customer may change its subscription term at any time by taking appropriate action in  Account/Billing menu in the Application.
 

b)    If the Customer’s payment does not go through, Customer’s access to Services may be suspended and Customer will need to update card or payment information in order to resume use. There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account. All fees are exclusive of all taxes or duties imposed by governing authorities. Customer alone is responsible for payment of all such taxes or duties.
 
c)     Finjinn may at any time, upon notice of at least 90 days or a longer period if required by Applicable Law, change the price of subscription or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during the subscription period will come into effect for any subsequent subscription periods and to all new subscribers after the effective date of the change. If Customer does not agree to any such price changes, then it agrees to cancel its subscription and stop using the Service prior to the commencement of the renewal subscription period for which the price change applies.
 

d)    Under no circumstances, will a refund of subscription fee, either in part or full will be issued
 

9. Customer Representations and Warranties


a)    The Customer hereby represents and warrants:

i.         That Customer, in case of a natural person, is at least 18 years old with a conscious mind fit and proper to enter into this agreement, with valid credentials OR is an entity which is legally eligible to carry out or operate a business in India;

ii.         That all the information and documents pertaining to his/ her and the business identity and address proof, as may be submitted for the purpose of Know Your Client (KYC) verification with Finjinn are true and genuine and are not fabricated or doctored in any way whatsoever;

iii.         That the Customer shall hold and keep Finjinn, its promoters, directors, employees, officials, agents, subsidiaries, affiliates and representatives harmless from any liabilities arising in connection with any incidental or intentional discrepancy that is found to be there in the documents submitted by such Customer for the purpose of KYC formalities;

iv.         That any incidental or upfront liability arising in connection with Customer’s KYC formalities for the purpose of availing the services of Finjinn shall be the absolute responsibility and repercussion of the Customer and neither Finjinn nor any of its affiliates or office bearers shall be responsible in any way for any reason including for ascertaining the veracity of the KYC documents submitted by such Customer with Finjinn;

v.         That Customer shall be solely responsible for understanding and complying with any and all applicable laws relevant to the Customer and their business, and any liability, whether pecuniary or otherwise, arising from any non-compliance of such applicable laws shall be at the sole cost and risk of such Customer;

vi.         That the Customer shall ensure that its IT systems and infrastructure are compliant with Applicable Law;

vii.         That all data, information, inventions, intellectual properties (including patents, trademarks, copyrights, design and trade secrets), know-how, new uses and processes, and any other intellectual property right, asset or form, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, financial information, computer technical expertise, software for the purpose of availing of services of Finjinn and any updates or amendments thereto is and shall be the sole intellectual property of Finjinn and should in no way be construed to grant any rights and/ or title to the Customer in such intellectual property of Finjinn;

viii.         That all information and data provided by it is accurate data of the business and of its employees;

ix.         That it has all the necessary registrations, approvals, consents, permits, access credentials etc. under Applicable Laws and has shared such registrations, approvals, consents, permits access credentials etc. as required by Finjinn.

 

10. Restrictions
 

a)    Customer shall not and shall not authorize, encourage or permit any third party to:
 

i.         Use the service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, threatening, abusive, hateful, contains viruses, or is otherwise objectionable as reasonably determined by Finjinn;

ii.         Use the service for any fraudulent or inappropriate purpose;

iii.         Attempt to decipher, decompile, delete, alter or reverse engineer any of the software;

iv.         Duplicate, make derivative works of, reproduce or exploit any part of the Service without the express written permission of Finjinn;

v.         Use any robot or any other automated devices, or manual process to monitor or copy any content from the Service; or

vi.         Rent, lease, distribute, or resell the software, or use the software for developing a competitive solution (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the software or displayed in connection with the service;

vii.         Subject the website or software or Service or networks or Application to reverse engineering, modification, recompilation, decompilation, disassembly or surreptitiously intercept or tamper with by whatever means and tools.

 

b)    Customer shall not access the website or Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or authorize any third parties to do any of the above.
 

11. Support
 

a)    Subscribing to Finjinn entitles Customer to support on matters of usage as per the scope mentioned in the subscription plan Customer has chosen. We shall provide Customer with basic support in connection with the Customer’s use of the Service at no additional charge, and with upgraded support based on the Customer’s subscription plan. We shall use commercially reasonable efforts to make the support service available at all times except for: (a) planned downtime; or (b) any unavailability caused by circumstances beyond Finjinn’s reasonable control, including acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving our employees), internet service provider failures or delays, or denial of service attacks. Lastly, we shall provide the support service only in accordance with Applicable Law.
 

b)    Finjinn may access Customer’s account and data as necessary to identify or resolve technical problems and tickets or respond to complaints about the Services.
 
c)     All support issue can be mailed to care@finjinn.com
 
 

12. Customer Participation
 

a)    Finjinn does not and cannot review all communications and materials posted to or created by users or customers accessing the Application and is not in any manner responsible for the content of these communications and materials. Customer acknowledges that by providing Customer with the ability to view and distribute Customer generated content on the application, Finjinn is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Application. However, Finjinn reserves the right to block or remove communications or materials that it determines to be:
 

i.         abusive, defamatory, or obscene;

ii.         fraudulent, deceptive, or misleading;

iii.         in violation of a copyright, trademark or other intellectual property right of another;

iv.         violates any law or regulation;

v.         offensive or otherwise unacceptable to Finjinn at its sole discretion.

 

b)    Any personally identifiable information Customer may post or transmit will be treated by Finjinn in accordance with Finjinn’s Privacy Policy.
 

13. Intellectual Property
 

a)    Customer acknowledges and agrees that Finjinn owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Customer further acknowledges that the Services may contain information which is designated confidential by Finjinn and that Customer shall not disclose such information without Finjinn’s prior written consent.
 
b)    Unless Customer has agreed otherwise in writing with Finjinn, nothing in the Terms of Use gives Customer a right to use any of Finjinn’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
 
c)     Unless Customer has been expressly authorized to do so in writing by Finjinn, Customer agrees that in using the Services, Customer shall not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized Customer of such marks, names or logos.
 

14. Modification
 

a)    The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the Customer. The latest Terms of Use will be posted here. Any such changes by Finjinn will be effective immediately. By continuing to use this Application or to access the Services / usage of our Services after changes are made, Customer agrees to be bound by the revised/ amended Terms of Use and such amendments shall supersede all other terms of use previously accepted by the Customer. Customer is solely responsible for understanding and complying with all applicable laws of its specific jurisdiction that may be applicable to Customer in connection with its business and use of our Services.
 

15. Other Terms and Conditions
 

a)    The Application may contain links to other websites and we assume no responsibility whatsoever for the content, accuracy or opinions expressed therein. The Application may include hyperlinks and access to content, products and services from third parties to websites not controlled by us. We are not responsible for the availability of, and any content on those websites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement as to the accuracy or merchantability of the same.
 
b)    Customer shall not access the Application or Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or authorize any third parties to do any of the above. Customer agrees that it shall not abuse the rights of the username and password by sharing its username, defacing the Application, breaching the Application security or modifying anything in the Application that is not bounded by the Terms of Use of its username and password.
 
c)     Customer shall not indulge in any form of harassment on the Application, including via e-mail or by obscene or abusive language. Impersonation of others, including a Finjinn client, employee, host, or representative or other members or visitors on the application is prohibited. Customer may not upload to, distribute, or otherwise publish through the Application any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. Customer may not upload commercial content on the Application or use the Application to solicit others to join or become members of any other commercial online service or other organization.
 
d)    Customer hereby expressly consents to receive communications from us to its registered phone number and/or e-mail id. Customer consents to be contacted by us via phone calls/SMS notifications. Customer agrees that any communication so received by Customer from us will not amount to spam, unsolicited communication or a violation of any Applicable Law.
 

16. Personal Information and Privacy
 

a)    Personal information Customer provide to Finjinn through the Service is governed by Finjinn Privacy Policy. Customer’s election to use the Service indicates acceptance of the terms of the Finjinn Privacy Policy. Customer is responsible for maintaining confidentiality of its username, password and other sensitive information. Customer is responsible for all activities that occur in its account and agrees to inform Finjinn immediately of any unauthorized use of its account by email to [•]. We are not responsible for any loss or damage to Customer or to any third party incurred as a result of any unauthorized access and/or use of Customer’s account, or otherwise.
 

17. Disclaimer of Warranties


a)    THE CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT FINJINN IS NOT HEREIN ENGAGED IN ITSELF FOR MAKING PAYMENTS. FINJINN IS AN INTERMEDIARY BETWEEN BANKS, SERVICE PROVIDERS AND CUSTOMERS. ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FINJINN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, OR ADEQUACY OF THE WEBSITE OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM ANY VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, PROGRAM OR MACRO.
 
b)    CUSTOMER HEREBY ACKNOWLEDGES THAT HIS USE OF THIS WEBSITE AND THE SERVICES IS AT HIS SOLE RISK. UNDER NO CIRCUMSTANCES SHALL FINJINN OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF FINJINN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
 

18. Confidentiality
 

a)    The Customer shall keep all confidential information of Finjinn in confidence. The Customer shall use commercial, reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of the confidential information from public disclosure, and the Customer shall at all times maintain appropriate measures to protect the security and integrity of the confidential information. The Customer shall not, without Finjinn’s prior written consent, divulge any of the Confidential Information to any third party other than the Customer’s officers, employees, agents or representatives who have a need to know for the purposes of these Terms of Use.
 

b)    The aforesaid confidentiality obligations shall impose no obligation on the Customer with respect to any portion of confidential information which:
 

i.         Was at the time received or which thereafter becomes, through no act or failure on the part of the Customer, generally known or available to the public;

ii.         Was at the time of receipt, known to the Customer as evidenced by written documentation then rightfully in the possession of the Customer or Finjinn;

iii.         Was already acquired by the Customer from a third party who does not thereby breach an obligation of confidentiality to Finjinn and who discloses it to the Customer in good faith;

iv.         Has been disclosed pursuant to the requirements of applicable law, any governmental/ regulatory authority, judicial/ quasi-judicial authority provided however, that Finjinn shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.

 

19. Indemnification
 

a)    The Customer shall indemnify and hold Finjinn, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with Finjinn in any manner whatsoever, harmless from and against all losses arising from any claims, demands, actions or other proceedings as a result of:
 

i.         Fraud, negligence and wilful misconduct by the Customer in the use of the Services

ii.         Violation of Applicable Laws in the use of the Services and/ or in the conduct of the business of the Customer;

iii.         Breach of the Customer’s confidentiality obligations under these Terms of Use;

iv.         Disputes raised by a Customer’s customer in relation to a transaction where such dispute is not attributable to the Services;

v.         Penalties, fines, charges, or any other actions as a result of breach or violation of any the Customer’s representations and warranties;

vi.         Violation of these Terms of Use; or

vii.         Any viruses, trojan horses, worms, spyware, or other similar harmful programming routines input by Customer into the Site

 

20. Limitation of Liability
 

a)    Nothing in these Terms of Use, shall exclude or limit Customer’s warranty or liability for losses unless they are excluded or limited by applicable law. Subject to the overall provisions stated above, Customer expressly understands and agrees that Finjinn, its subsidiaries, affiliates, promoters, directors, employees, agents and licensors shall not be liable to Customer for:
 

i.         Any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by Customer, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;

ii.         Any loss or damage which may be incurred by Customer, including but not limited to loss or damage as a result of any reliance placed by Customer on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between Customer and any advertiser or sponsor whose advertisement appears on the Services;

iii.         The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Customer’s use of the Services;

iv.         Customer’s failure to provide Finjinn with accurate, complete, appropriate data; or

v.         Customer’s failure to keep its password or account details secure and confidential.

 

b)    Further, Customer acknowledges and agrees that, to the maximum extent permitted by law, the entire risk arising out of access to and use of the Application and Services, remains with Customer. Neither Finjinn nor any other party involved in providing or delivering the Application or Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services, or in connection with these terms, as a result of use of the Application or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Finjinn has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
 

c)     The limitations on Finjinn’s liability to Customer shall apply whether or not Finjinn has/ had been advised of or should have been aware of the possibility of any losses to Customer. In any event, Finjinn’s liability shall be limited to the amount paid by Customer in the preceding 3 months as subscription fee to a maximum of INR 1,000 to avail of the Services, and specifically in the case of the Compliance Guarantee Service shall be INR 25,000.
 

21. Force Majeure
 

a)    Finjinn shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to perform (whether partially or fully) its obligations (provide the Services) as a result of the occurrence of a Force Majeure Event (defined below).
 

b)    Force Majeure Event means any event, whatever be the origin, not within the reasonable control of Finjinn, which Finjinn is unable to prevent, avoid or remove or circumvent by the use of reasonable diligence. Force Majeure event shall include, but shall not be limited to, acts of god, acts, orders, directions of governmental/ regulatory/ judicial/ quasi-judicial/ law enforcement authorities/ agencies which hinders Finjinn from performing its obligations under any agreement, including these Terms of Use, with Customer, war, hostilities, invasion, armed conflict, act of foreign enemy, embargoes, riot, insurrection, labour stoppages, outages and downtimes systems failures experienced by a facility provider, revolution or usurped power, acts of terrorism, sabotage, nuclear explosion, earthquake, pandemic, epidemic, hacking or man in the middle attack or similar attacks/ intrusions, fires, typhoons, storms and other natural catastrophes.
 

22.  Term and Termination of the Agreement
 

a)    This Agreement will remain in effect until all subscriptions granted in accordance with this Agreement have expired or this Agreement is terminated by Customer or Finjinn (the “Term”). If Customer elects to use the Services for a free trial period, if any, and do not purchase a subscription before the end of such period, this Agreement will expire at the end of the free trial period.
 

b)    Customer subscriptions purchased commence on the start date specified upon payment and continue for the subscription term selected at the time of payment. Customer is solely responsible for the proper cancellation of its account. Customer may cancel its account at any time by navigating to the Billing section of the Application. Customer is solely responsible to download all necessary data Customer requires before such cancellation. After Customer cancels, it will not be permitted to access/retrieve/ask us for any salary/compliance data.  
 

c)     We may terminate this Agreement at any time in the event of a material breach that is not cured within 30 days of written notice. However, in the event of non-payment or in the event that the Customer’s payment does not go through, Finjinn may suspend or terminate Customer access to the Service upon any such non-payment. No refund will be granted for any subscription fee paid by Customer.
 

d)    After Customer terminates our Service either by itself or if its account is terminated due to non-payment, Finjinn shall have no obligation, except under Applicable Law, to maintain any data and may thereafter, unless legally prohibited, delete all of Customer data in Finjinn’s systems or otherwise in its possession or under its control.
 

e)     Finjinn may downgrade, terminate or suspend Customer access to the Application without prior notice and without liability if (a) Finjinn believes in good faith or belief that Customer has violated any provision of this Agreement (including a failure to make any payment when due); or (b) Customer does not log in to or otherwise use the Service for a period of 120 days or more if Customer has a paid account and for a period of 90 days or more if Customer has a free account; or (c) at its own discretion after sending an intimation to this effect to the email ID Customer has used to subscribe.
 

23. Governing Law and Dispute Resolution
 

a)    This Agreement shall be treated as though it were executed and performed in India and shall be governed by and construed in accordance with the laws of India and the courts in Bengaluru shall have exclusive jurisdiction, subject to the arbitration provisions below.
 

b)    By using this Application, Customer agrees that Finjinn, at its sole discretion, may require Customer to submit any disputes arising from the use of this Application, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Arbitration and Reconciliation Act 1996, by a sole arbitrator appointed by Finjinn. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. The seat and venue of such proceeding shall be Bengaluru. The award of the arbitrator shall be final and binding.
 

c)     Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay the monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
 

24. Privacy
 

CUSTOMER PRIVACY IS EXTREMELY IMPORTANT TO US. UPON ACCEPTANCE OF THESE TERMS OF USE CUSTOMER CONFIRMS THAT CUSTOMER HAS READ, UNDERSTOOD AND UNEQUIVOCALLY ACCEPTED OUR POLICIES, INCLUDING THE PROVISIONS OF OUR PRIVACY POLICY.

 
25. Miscellaneous
 

The Terms of Use governs Customer’s use of the Application, software and Service, superseding any prior agreements or negotiations, with respect to the subject matter hereof. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

 

26. Contact Us
 

Customers can drop a mail to care@finjinn.com for any matters related to the product usage, payment, understanding the terms of this Terms and Conditions document or the Privacy Policy.

Postal Address – Paybooks technologies India Private Limited, AWFIS, Prestige Samrah, St Marks Road, Shantala Nagar, Ashok Nagar, Bangalore 560 001.


 

ANNEXURE A

Responsibility Matrix

 

 

Sl. No

Compliance Activity

Finjinn

Customer

A

Provident Fund (PF)

1

UAN Creation

 

2

UAN Linking

 

3

Verification of PF Death Claim Forms

 

4

Prepare Responses to Notices

 

5

Update Employee Exit Date online

 

6

Online Approval using DSC / Esign

 

 √

6.1

        Transfer in / Out Approval

 

6.2

        Member Data change Request

 

6.3

        KYC update

 

7

International Workers Compliance

 

B

Professional Tax (PT)

1

Online Submission of Returns

 

2

Details for Offline remittance

 

3

Details for Offline Returns Submission

 

4

Offline PT Remittance

 

5

Offline Returns Submission

 

6

Remittance of Employer PT

 

C

Income Tax (TDS)

1

Prepare Proof Submission Guidelines

 

2

File Quarterly Returns

 

3

File Revised Quarterly Returns if necessary

 

4

Providing Form 16 from Traces for Signature

 

5

Provide details for Tax Audit

 

6

Provide Directors Report u/s 217(2A)

 

7

Perquisite Calculation, if any

 

8

Affixing Digital Signature on Form 16

 

D

Employee State Insurance (ESIC)

1

IP (Insurance Person) Creation for New Employees

 

2

Linking of IP

 

3

Prepare Responses to Notices

 

4

Publish E-Pehchan Card in the App

 

5

Update any change in Dispensary online

 

6

Hardcopy submission to Authorities

 

7

Submission of Online Incident Report