Terms & Conditions
Last updated: 15th Aug 2025
Welcome to Finshell Pay, a mobile application with its cognate platforms operated and managed by Growhiz Technology Private Limited, a Company incorporated in India as a Company limited by shares under the Companies Act, 2013 bearing Corporate Identity Number U72900MH2023PTC397600 and having its registered office at Innov8 Times Square Unit No. - 2, 4th Floor, A Wing, Times Square Building, Andheri Kurla Road, Marol, Nilkanth Park, Andheri East, Mumbai – 400059 (herein and in the Platform referred to as ‘Growhiz’, ‘Finshell Pay’, ‘FinShell’, ‘Company’, ‘we’ or ‘us’).
To access or use the App by Growhiz Technology Private Limited on any compatible device you are required to read and accept following Terms and Conditions (“T&C”). These terms constitute a legally binding agreement between you and Company governing your access to and use of the services provided by Company. If you do not understand these documents or do not accept any part of them, then you should not use any services provided by Company.
You further understand and agree that Company reserves the right to update any of these Terms and conditions from time to time. Your access and use of the App following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. Please read these terms & conditions (the ‘Terms’) carefully which shall include the Privacy Policy and the disclaimers, information and intimations mentioned on the Platform (defined herein below).
This document is an electronic record in terms of Information Technology Act, 2000, amendments thereof from time to time and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
DEFINITIONS
Unless the context otherwise requires the words used in the Terms shall have the same meaning ascribed to them under this clause.
"Application” or “App" shall mean Finshell Pay, a mobile application operated and managed by the Company;
"Customer(s)" or "you" or "Users" shall mean any person who downloads, installs, accesses, uses or browses the Platform and/or who applies, avails or continues to avail any of the Services available on the Platform, in any manner whatsoever;
“Fintech Partner” shall mean the entity which has partnered with us and the Lender, and which acts as a conduit between the Platform and the Lender thereby enabling you to apply for loan products on the Platform;
“Investment Platform” shall mean a non-banking financial company, Banks or any other RBI regulated entity which, subject to their terms, make available the Investment products on the Platform.
"Lender" shall mean a non-banking financial company, Banks or any other RBI regulated entity which, subject to their terms, make available their loan products on the Platform;
“Loan Agreement" shall mean all agreements and ancillary documents which the Lender and/ or the Fintech Partner may require the Customer to execute before the Lender can sanction a loan in favour of the Customer. Lender and/ or the Fintech Partner, in its discretion, may ask the Customers to execute physical or electronic forms and agreements as may be applicable and required from time-to-time;
“Insurer” shall mean insurance companies registered with and approved by Insurance Regulatory and Development Authority of India (IRDA) with whom the Company may partner for being a Group Policy Administrator;
"Online Stores" shall mean the APP Store in the electronic devices, Google Play Store or any other authentic and authorised online marketplace where the App may be made available by the Company to the Users, from time to time;
"Outstanding Amount(s)" shall mean the principal loan amount, interests and/ or any other amounts, penalties, charges or payments which may be due and/ or payable by you to the Company or its Partners including the Lender;
“Partner” shall individually or collectively mean and include a business partner of the Company which, subject to their terms, make available Partner Service(s) through the Platform to the Customers;
‘Partner Service’ shall, subject to their respective terms, mean products and/ or services made available to You by the Partners through the Platform. For example, insurance, mutual funds, loan, etc.;
‘Personal Information’ shall mean personal information including sensitive personal data and information as may be defined and amended under the Information Technology Act and Information Technology Rules;
"Platform" shall mean the Application and/ or the Website;
"Restrictive Territory" shall mean the state of Andhra Pradesh and/or Nagaland and/or any other state from where user cannot participate in any game or services related to such game pursuant to applicable laws in the relevant state.
"Services" shall mean and include the services made available by the Company and its Partners including downloading, installing, accessing and/ or browsing the Platform, applying, availing and/ or continue to availing any of the product or services made available on the Platform including Partner Services;
"User Data" shall mean and include all data, details, information (including Personal Information), documents or materials submitted by you on or through the Platform while registering on it, accessing it, browsing it, applying on it, or attempting to avail or use any of the Services available on it and shall include all data, documents and information which is collected by the Company pertaining to you from all other sources;
"Website" shall mean the corresponding website of the App which may be developed, managed and/ or operated by the Company for the provision of Services.
You agree and acknowledge that Headings used in the Terms and elsewhere are merely for convenience and shall not be used to isolate extracts or to misconstrue the interpretation and/ or the intention of the Terms, which shall be read as a whole and where required in conjunction with the Privacy Policy, disclaimers and other notes on the Platform.
USER ACCOUNT
To log in to the Platform, you need to first sign up and create a
Account, which is managed, operated and provided by Growhiz Technology
Private Limited ("Growhiz"). You agree and
undertake that the information provided by you for (i) creating the
Account; and/ or (ii) to avail services anywhere on or through the
Platform shall and must always be accurate, correct and complete and
that you shall always be and remain solely liable for the information
provided and defend and indemnify the Company and it’s Partners for all
consequences arising from and in connection with its correctness,
completeness and/ or accuracy.
You understand and acknowledge that you shall be solely responsible for all the activities that occur under or through your User Account. You agree that the Company and/ or the Partners shall not be responsible and/ or liable for any claims, damages, offence, activities and/ or disputes arising out of or in connection with the use or misuse of your User Account.
You undertake that you shall be solely responsible for maintaining the confidentiality of the User Account and for all other related activities under your User Account. The Company reserves the right to either accept, reject, suspend or cancel your registration on the Platform or for any of the Service(s) without any prior notice, intimation, obligation or liability under the Terms or the law.
You understand and acknowledge that you are solely responsible for the capability and safety of the electronic devices and the internet connection, you choose to run and access the Platform and the Services available on it. The Platform’s operation or the Services on your electronic device is subject to compatibility and security features available, the hardware, software specifications, internet connection and other features and specifications, required from time to time. You further agree that you shall be solely liable for any third party cyber-attack which you might experience while accessing the Platform or any of the Services available on it.
Eligibility: You must be 18 years of age or older to use the Platform and are not barred from contracting under the applicable laws and are competent to enter into a binding contract. You shall be of sound mind and health and a citizen of India residing in India. You should not be a resident of Restricted Territory in order to access any game(s) or any contest organized by the platform using any terminology whatsoever or services related to such game on the platform. Growhiz reserves the right to refuse access to the Platform to users who may have been suspended or removed by Growhiz or its Partners for any reason, whatsoever.
LICENSE
You unequivocally and irrevocably agree and acknowledge that the Company, throughout the world, owns and/ or controls all intellectual property rights, legal right, title and interest in and to the Platform including its underlying works, irrespective of they being registered or not. You represent that you are of the age of majority as per the applicable laws to which you are subject to and are competent to understand, enter into and comply with these Terms and that you are not legally barred under any law or order to enter into this legally binding agreement. In order to use the Platform and the Services available on it, you are required to download and install the App on your electronic devices like mobile phones, etc.
Subject to the aforesaid and the terms mentioned herein, the Company grants you a limited, non-exclusive, non-transferable, non-sub-licensable and a revocable license to download, install, access and use the App. The license granted to you is limited and shall be subject to the Terms and the necessary App permissions and consents required. Anything which is not explicitly granted under the license herein is specifically reserved by the Company. Nothing contained herein shall be deemed to be a transfer of Company’s legal and/ or intellectual property rights in any manner, whatsoever.
Further, you undertake that the Platform shall be downloaded through the
Online Stores solely and that you shall not use any other website or
portal for downloading the Platform.
You acknowledge that while the Company may, at its sole discretion,
provide maintenance and support for the Platform from time to time,
however, the Company shall have no specific obligation, whatsoever, to
furnish such services to you. You further understand and acknowledge
that we may launch new updates/ upgrades for the Platform. In the event,
you choose not to update/ upgrade the Platform version, certain features
or functionality may not be accessible to you. However, irrespective of
you not upgrading the Platform version, you agree that you shall become
subject to any revised terms or policies which may be released by the
Company in such new updated/ upgraded App version without the Company
having any liability towards you or your inability to access new
features.
LICENSE RESTRICTIONS
You, either individually or in conjunction with or through any third party, unequivocally and irrevocably agree and undertake not to:
use the Platform or the Services for committing or perpetrating any fraud, embezzlement, money laundering or for committing any other illegal activity or making use of the Platform for consequentially committing any illegal activities;
to disassemble, reverse engineer, adapt, create derivative works, reproduce, duplicate, copy, sell, resell, distribute and/ or interfere, exploit or do anything, whatsoever, with any portion of the source code of the Platform;
upload, post, comment, email, transmit or otherwise make available any content on or through the Platform which is harmful for/ to a child, unlawful, harmful, pornographic, paedophilic, invasive of another’s privacy (including bodily privacy), threatening, abusive, insulting or harassing including on the basis of gender, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, encouraging money laundering or gambling, racially, ethnically or otherwise objectionable and/ or otherwise inconsistent with or contrary to the laws in force;
use the Platform to do anything other than browsing and availing Services in good faith for yourself, solely;
impersonate any person or entity on the Platform or providing information and/ or details which belong to another person or entity and to which you do not have any right;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Platform and/ or intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
upload, post, email or otherwise make available any content or document that you do not have a right to make available under any law or contractual or fiduciary relationships;
upload, post, email, transmit or otherwise make available on the Platform, any content that infringes any legal right of third party including intellectual property rights;
upload, post, email, transmit or otherwise make available on the Platform, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam", "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available on the Platform, 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;
disrupt the normal accessibility, functionalities and flow of the Platform or otherwise act in a manner that affects other user’s ability to engage with the Platform in any manner, whatsoever;
interfere with or disrupt the Platform or servers or networks connected to the Platform in any manner, whatsoever;
violate any law or contractual obligation to which you may be bound;
make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
use any tool, robot, spider, scraper, or other automated means or any manual process for interfering with any of the functionalities of the Platform, extracting, interfering or monitoring any data on the Platform and/ or causing any disruptions and/ or activities on the Platform.
defame, abuse, harass, threaten or otherwise violate the legal rights of others;
threaten 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 other nation.
CONTENT ON THE PLATFORM
You acknowledge that the Company takes no obligation and makes no representations or warranties about the accuracy, truthfulness, correctness, completeness, legality, nature, intention, etc., of the material, data, and information, such as data files, text, offers, invitation to offers, advertisements, comments including user comments, third party communications, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images and the likes published on the Platform (collectively, the "Content") to which you may have access to as part of the Service including Partner Services or through your use of the Platform. Under no circumstances, shall the Company be liable in any way for any Content, including, but not limited to the same being inaccurate, incomplete, incorrect, infringing, deemed inciteful, communal, religious or political, containing errors or omissions, or for any loss or damage of any kind incurred as a result of the use or reliance placed on any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform. The Content on the Platform should not be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell any financial and other products/ services. Provision of all financial and other products and/ or services are subject to approval and terms and conditions of the providers of such service/ products.
By using the Platform, you give the Company, on behalf of the Lender, the explicit permission to investigate your credit record and obtain your credit report from registered credit information bureaus, banks and other financial companies in connection with the review of your loan application through a third party service provider. A credit report may also be requested by the Company for each user in any other case. You understand that the Company, on behalf of the Lender, may report negative information about your account to credit information companies.
You expressly understand and agree that your use of the Platform, Services and use or reliance on all information and other Content (including that of the third parties) included in or accessible from the Platform is at your own risk solely. The Services information and Content are provided on an "as is" and "as available" basis. The Company makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the Content on the Platform and expressly disclaims any warranties of merchantability, non-infringement or fitness for a particular purpose, whatsoever including any damages or losses which may be caused to you arising from or in connection therewith.
Company and its Partners, affiliates and its business partners make no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and/ or (v) any errors in the Platform will be rectified.
Use, Transactions and Payments
You further undertake and acknowledge that by initiating a transaction for requesting or transacting any Service on the Platform you are entering into a legally binding and enforceable contract with either the Company or the respective Partners who is providing you with such product or such Service. You further agree that all your remedies in respect of Services and products availed, applied or initiated by you shall lie against the respective Partner which is providing you such Services and/ or product and with whom you are getting into a contractual relationship. You, therefore, indemnify, defend and hold harmless the Company from all claims, losses, damages, penalties, compensation which may result from, arises from or are in connection with your application, use or your availing of or any attempt to availing of any such Services or product(s).
You, while using any payment method/s available on the Platform undertake and acknowledge that the Company will not be responsible or assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to you or anyone acting on your behalf, due to:
Lack of authorization for any payment/ transaction(s); or
Any payment issues arising out of the transaction; or
Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a you;
Decline of your payment/ transaction for any reason(s), whatsoever; or
Unintended, Multiple or wrong transfer/ payment; or
Payment/ transfers made in pursuance of misrepresentation or fraud; or
Payment/ transfers made due to any mistake.
Notwithstanding anything contained herein, the Company, its Partners and their business partners reserve the right to conduct additional verification (for security or other reasons) if it is not satisfied with your creditability, document and information provided by you and/ or your transaction.
You unequivocally and irrevocably agree that your use of the Platform shall not render the Company liable or responsible for, inter alia, misleading, cheating, non-delivery, non-receipt, non-payment, refund, damage, breach of representations and warranties, non-provision of service, product or after sales service or warranty, misrepresentation, fraud, etc. as regards the products or services listed on the Platform or any other loss caused for using the Platform and the Services. The Platform shall not be responsible for any damages, loss, interests or claims arising from failure or refusal for processing any transaction on or through the Platform. In respect of all the aforesaid you undertake and acknowledge unequivocally and irrevocable that all your claims and remedy shall lie solely against the entity which provides you with the Partner Service which you chose to apply, avail/ purchase using the Platform and not, in any scenario, against the Company.
PROPRIETARY RIGHTS OF THE COMPANY
You understand, acknowledge and agree that the Company is the controller/ owner of all rights, title and interest, including any and all intellectual property rights in the Content, Platform, Services, logos, trade names, brand names, designs and any necessary software used in connection with the Platform.
There may be proprietary logos, service marks and trademarks found on the Platform whether owned/ used by the Company or otherwise. By displaying them on the Platform, the Company is not granting you any license to utilize the proprietary logos, service marks, or trademarks. Any unauthorized use of the same may violate applicable intellectual property laws.
You understand and acknowledge that the Platform is owned by the Company. Nothing under these Terms shall be deemed to be a transfer in ownership, rights, title, from the Company to you or any third party, in the Platform.
You further agree and acknowledge that all legal rights including intellectual property rights in respect of all enhancements, upgrades, patches or fixes are made by the Company on the Platform which may be premised, wholly or partly, on the basis of any inputs, advice or suggestions provided by you, shall, notwithstanding anything, vest solely and exclusively with the Company and that you agree not to dispute, either individually or in conjunction with any third Party, any right of the Company in such enhancements, upgrades, patches or fixes. If required under the law, then, you agree and undertake to unequivocally and irrevocably assign all rights and titles, to which you may be entitled under the law, to and in favour of the Company without any delay and on demand.
SERVICES AND PATNER SERVICES
The Company may, either itself or on behalf of and/ or in association with its Partners, as the case may be, may provide you with Services (including through redirection) on or through the Platform like loans products, investment products, rewards and wealth management services, etc. In addition, Company may provide third party services including but not limited to credit check services, bill payments and any other services to retrieve and use your information through third party sites (e.g. bank sites etc.) in conjunction with your selection of the services (“Services”)
You, during and in pursuance of using, applying and/ or availing the Services made available on the Platform hereby permit the Company and its Partners to store, collect, process, use, transfer and/ or share the User Data in accordance with our and, where applicable, in accordance with our Partner’s including Lender’s, etc. Privacy Policy.
In addition to any other conditions mentioned herein or in the Privacy Policy, your access and/ or use of the Platform shall be deemed to continue until the Platform is completely uninstalled from all your devices, there being no Outstanding Amount(s) against your User Account and upon you providing a closure to all the Services availed by you to the satisfaction of the Company/ Partner/ Lender which provides the Service (the ‘Continued Use’). During Continued Use you undertake to be and remain unequivocally and irrevocably bound by these Terms including the Privacy Policy, disclaimers and any updates, amendments or modifications thereof.
Partner Services are provided by the Partners to you subject to your eligibility and other conditions set forth by the Partners. You may be required by the relevant Partner to further provide and/ or complete information, forms, agreements, cheques or documents. Each Partner Service remain subject to the relevant Partner’s own terms and conditions and shall be provided in the form and content at the relevant Partner’s sole discretion.
Loans
The Lender may or may not sanction your loan application, in its sole and absolute discretion. The sanctioned Loan may be disbursed as per Lender’s processes and deductions. You are under a mandatory and a legal requirement to repay all Outstanding Amount(s) to the Lender on the agreed respective due date(s). In case of default, the Lender shall have all remedies available to it under the law as well under the Loan Agreement to proceed against you in the manner deemed fit by the Lender. In case of any dispute which you might have in connection with the loan product including but not limited to rejection, loan terms and conditions, Loan Agreement, use of your User Data, documents, etc. then you must take up such disputes solely with the Partner and/ or Lender directly in accordance with the Loan Agreement which you have executed with the Lender. You unequivocally and irrevocably agree that nothing in respect and/ or in connection with loan products, rejection of loan application by the Lender, loan recovery, pre and post disbursal activities, recovery or anything connected therewith shall entitle you to bring in any claim or allegations against the Company. In case the restriction is not applicable under the law then you agree to completely indemnify, defend and hold harmless the Company and its respective employees, directors and shareholders against any claim, loss, damages, penalty, compensation, whatsoever, which may arise from and/ or in connection, howsoever remotely, with (i) your attempt, whether successful or not, in taking or applying a loan product through the Platform; (ii) the Lender refusing or sanctioning and/ or disbursing the loan in your favour; and (iii) pre and post disbursal activities including recovery of loan including Outstanding Amounts by or on behalf of the Lender; (iv) use of your User Data by the Partner or the Lender; (v) breach of any agreement by the Lender/ Partner; (vi) violation of any law by the Partner/ Lender; (vii) anything related with your application and/ or use of the loan products displayed, applied or availed by you on or through the Platform. You agree that the loan offers are/ may be generated, inter alia, on the basis of information provided by you to the Lender.
Investments
The Investment Platform may or may not sanction your application, in its sole and absolute discretion. You hereby agree to abide by the Terms of Use and Privacy Policy of the Investment Platforms. You hereby agree that any decision of Investments shall be made by decision solely on the basis of the information available on the Investment Platform and your decision to enter into the transaction(s) has been not influenced by us or any such information/content available on our platform. You hereby agree and understand that in the event of any dispute with the Investment Platform and You, the Company is not responsible for any claim of any kind including any loss or damage to You, the dispute resolution shall be directly between the Investment Platform or You and any representative of the Company shall not be impleaded in any manner in a dispute as they are not privy to such investment transaction(s);
Bill Payment Services
In order to use the bill payments service, You hereby agrees to abide by the terms of use and privacy policy of the bill payment partners and the associated merchants/Biller(s), if any along with Terms of Bill Payment Services. We offer a convenient and secure way to make payments towards Services. We offer a convenient and secure way to make payments towards identified biller(s) using a valid UPI account. Depending upon the business partner through whom the specific service is availed by You (i) the specific features of the service may differ; (ii) the number of billers available over the service may differ; (iii) the type and range of payment accounts that can be used to issue a payment instructions may differ; (iv) the modes/devices over which the service can be accessed may differ; and (v) the charges, fees for availing the service or any aspect of the service may differ.
Rewards
Finshell Pay offers its users loyalty points (“Coins”) in various forms for their regular and continuous use of the Finshell Pay App. These Coins are provided for performing various actions on the Finshell Pay App. These Coins / Finshell Pay Coins are rewarded purely for the regular use of the Finshell Pay App and the Finshell Pay App does not permit any purchase or accrual of these Coins in any other way. These Coins may be redeemed by Users to participate in various rewards/offers that are run by the Finshell Pay App for all users from time to time.
Finshell Pay reserves the right, at its sole discretion, to change the mode of the accrual of one or any of these types of Coins, including the number of such Coins received in proportion to the User’s activities. Further, Finshell Pay reserves the right to disqualify any User, who does not meet the offer requirements or for any other reason including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations, from receiving any Coins. Finshell Pay also reserves the right to discontinue or change or issue any new form of Coins offered at any time, at its sole discretion. For detailed terms on Rewards, please refer the detailed terms of Rewards https://leading.finshellpay.com/naruto/rewards/agreement along with these T&C.
LINKS TO THIRD PARTY SITES
The Platform may provide you with third party Partner Services by
redirecting you to third party webpages, websites, mobisites, portals
and the likes in accordance with the requirement of the Partners and
otherwise may contain links to other websites or apps owned and operated
by third parties who may or may not be providing Partner Services on the
Platform ("Linked Websites"). The Linked
Websites are not under the control of the Company and the Company does
not make and representation or warranty and shall not be responsible for
the content, product and/ or services of any Linked Websites or any
hyperlink contained in a Linked Website including their terms and
conditions and their privacy policy or their activities.
The Platform redirects you to third party webpages/ mobisites/ apps in accordance with the services you apply or request and in requirements of the Partner whose product or service you are applying. Inclusion of any link on the Platform or your redirection by the Platform in pursuance of your request for Partner Services or third party services/ product does not imply any endorsement of the Linked Website by the Company. Your access or use of such Linked Website is entirely at your own risk. You therefore acknowledge and agree that in case of any disputes and/ or complaints in respect of the Linked Websites and their activities, negligence, fraud, etc., your remedy shall lie solely against the respective Linked Website and not against the Company, in any manner, whatsoever.
The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser, its products or services. You shall independently refer to the relevant/ respective advertiser for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between you and the third party and you hereby agree that the Company shall be released by you from any liability arising out of or in any way connected with such interaction.
You acknowledge and agree that under no circumstance shall the Company be liable in respect of you using, accessing, applying and/ or availing the services or products offered or provided by any Linked Website including all third party platform or website.
ANCILLARY SERVICES
If and where applicable, you may get access to chat rooms, blogs,
feedbacks, reviews and other features ("Ancillary Services") that are/may be offered from time to time on the Platform and
may be operated by us or by a third party on our behalf. You shall not
(nor cause any third party to) use these Ancillary Services to perform
any inciteful and/ or illegal activities (including without limitation
defaming, abusing, harassing, stalking, threatening, promoting racism,
or otherwise violating the legal rights, such as rights of privacy, of
others) or immoral activities, falsely stating or otherwise
misrepresenting your affiliation with a person or entity. Additionally,
the Platform may contain advice/opinions and statements of various
professionals/ experts/ analysts, etc. the Company does not endorse the
accuracy, reliability of any such advices/opinions/ and statements. You
may rely on these, at your sole risk and cost. You shall be responsible
for independently verifying and evaluating the accuracy, completeness,
reliability and usefulness of any opinions, services, statements or
other information provided on the Platform. All information or details
provided on the Platform shall not be interpreted or relied upon as
legal, accounting, tax, financial, investment or other professional
advice, or as advice on specific facts or matters. The Company may, at
its discretion, update, edit, alter and/or remove any information in
whole or in part that may be available on the Platform and shall not be
responsible or liable for any subsequent action or claim, resulting in
any loss, damage and or liability. Nothing contained herein is to be
construed as a recommendation to use any services, products or processes
and the Company makes no representation or warranty, express or implied,
in respect of each and every one of them.
TERMINATION
The Company reserves its rights to suspend or terminate your User
Account in any of the following events:
you breach any provision of these Terms;
the Company is required to do so under law; or
the Company chooses to discontinue the Services being offered or discontinue to operate the Platform;
the license granted to use the App expires, if and where applicable;
on non-payment of Outstanding Amount(s), if applicable.
Any abuse or unfair use of your User Account;
Use of your User Account for immoral and/ or purposes which may or may not be actionable under the law;
Upon termination of your User Account, the rights and licenses granted to you under these Terms shall cease to exist, and you must forthwith stop using the Platform and the Services and repay all Outstanding Amount(s), where applicable.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of the Services and the
Platform is at your sole risk. The Services and the Platform are
provided on an "as is" and "as available" basis. The Company expressly
disclaims all warranties of any kind, whether express or implied,
including, but not limited to any of the implied warranties of
merchantability, fitness for a particular purpose, non-infringement,
etc. Any material or information accessed, downloaded or otherwise
obtained or used by you through your access and/ or use of the Platform,
is at your own discretion and risk and that you will be solely
responsible for any loss and/ or damage caused to you or to your
electronic device or data. No advice or information, whether verbal or
written, obtained by you from the Company, for the Services or through
the Platform shall create any representation or warranty not expressly
stated in these Terms. The Services are intended for your personal,
non-commercial use. You shall be solely responsible for the use, misuse,
improper use of the Services, your login credentials and the Platform.
The Company shall not be liable for any damages accruing out of the use
of the Platform and the Services which have not been expressly
stipulated under these Terms. The Company makes no warranty, including
implied warranty, and expressly disclaims all obligation arising from
and/ or are in connection with (a) the Contents are and/ or will be
complete, exhaustive, accurate or suitable to your requirements; (b) The
Platform or the Services will meet your requirements or will be
available on an uninterrupted, timely, secure, or error-free basis; (c)
the results that may be obtained from the use of the Platform or
Services will be accurate or reliable. The Company makes no
representations, warranties or guarantees, express or implied, regarding
the accuracy, reliability or completeness of the Services, Content on
the Platform, Linked Websites and expressly disclaims any warranties of
merchantability, non-infringement or fitness for a particular purpose,
whatsoever including any damages or losses which may be caused to you
arising from or in connection therewith.
Notwithstanding anything mentioned herein or on the Platform, whether
explicitly or implicitly, we, disclaim all liability arising out or in
connection or pursuance of any third party action which in itself can be
deemed as a criminal act, an act actionable under the law and/ or an act
in conflict with law.
INDEMNITY
You agree to indemnify, defend, absolve and hold the Company (and its
affiliates, officers, directors, agents and employees) harmless from any
and against any claims, causes of action, demands, recoveries, losses,
damages, fines, penalties or other costs or expenses of any kind or
nature, including reasonable attorneys' fees, or arising out of or
related to (i) your breach of this Terms, (ii) your violation of any
law, (iii) infringement of any third party right whether legal or not,
(iv) your use of the Platform, (v) your defaults, negligence or fraud to
honour your agreements with the Partners, or (vi) any act or omission of
yours which may be actionable under the law or which brings any claim or
liability on the Company or its Partners.
You shall not sue or otherwise make or present any demand or claim and irrevocably, unconditionally and entirely release, waive and forever absolve and discharge the Company, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter "Indemnified Party"), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) ("Losses"), whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Indemnified Parties with respect to the Services and your use of the Platform. You agree to defend, indemnify, and hold harmless the Indemnified Party from and against all Losses resulting from claims made against the Indemnified Party by third parties or yourself arising from and in connection with your use of any of the Service and/ or the Platform.
LIMITATIONS OF LIABILITY
You expressly understand and agree that the Company, including its
directors, officers, employees, representatives or Partners and service
provider shall not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if the Company has been advised of the possibility of such
damages), resulting from; (a) use or the inability to apply or avail the
Services (b) inability to access and/ or use the Platform (c) failure or
delay in providing the Services or access to the Platform for any
reasons, whatsoever (d) any performance or non-performance by the
Company (e) any damages to or viruses that may infect your electronic
devices or other property including data loss as a result of your access
to the Platform or your downloading of any content from the Platform (f)
server failure or otherwise or in any way relating to the Services and
(g) any other loss, damage or consequence resulting therefrom, howsoever
remotely and in any manner, whatsoever, from your downloading,
installing, accessing, using, uninstalling, disabling the Platform or
your use of any of the Services and ancillary services on the Platform
including your actions, omissions or from your contributory or
individual negligence or mistake. Further, if applicable, you
unequivocally and irrevocable agree that the total cumulative liability
of Growhiz to you for all claims and causes of action, at single or
multiple instances and at all given point in time, shall be limited to
Rs 1,000/- solely.
FORCE MAJEURE
Without limiting the foregoing, under no circumstances shall the Company
be held liable for any damage, loss, failure to provide Service or loss
of services of Platform, inaccessibility of Platform, Partner Service,
deficiency in provision of the Services, breach of any obligation of the
Company and/ or its Partners, etc. resulting directly or indirectly from
acts of God or nature, forces or causes beyond its reasonable control,
including, without limitation, epidemic, pandemic, bio-hazards,
diseases, outbreaks, war, terrorist attack, government orders or
advisories, lock-downs, lock-outs, strikes, financial crisis, liquidity
crisis, internet failures, cyber-attacks, computer equipment failures,
telecommunication equipment failures, change in applicable laws and
regulations including Reserve Bank of India regulations or any other
government regulations, floods, storms, other natural calamities or
disasters, electrical failure, civil disturbances, riots, etc.
PRIVACY POLICY and OTHER POLICIES
The Terms, Privacy Policy, disclaimers and all other policies which may
be published and amended on the Platform, from time to time, shall form
an integral part of the legally binding agreement between you and the
Company (the ‘Agreement’).
AMENDMENT
The Company reserves the right to modify, change, substitute, remove,
suspend or update these Terms or any information and policies thereof at
any time by posting the updated Terms, information and policies on the
Platform. Such changes shall be effective immediately upon such posting.
Your continued use of the Services or the Platform shall be deemed as
your unconditional and irrevocable acceptance of the revised Terms,
information and policies.
We encourage you to visit the Terms periodically to review the most
current version of the Terms.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be construed and governed by the laws of India and
in case of a dispute both parties shall try and resolve the dispute
amicably in accordance with the Agreement. In case the dispute cannot be
resolved in accordance with the terms of the Agreement, then, either
Party may serve a notice of arbitration to the other and a mutual
arbitrator shall be appointed by both the parties to resolve the said
dispute. The arbitration shall be conducted in accordance with the
Arbitration and Conciliation Act, 1996 and in amendments. The seat and
venue of arbitration shall be New Delhi and the proceedings shall be
conducted in English. The cost of arbitration shall be borne by the
party which is initiating the arbitration. The Award of the Arbitrator
shall final and binding on the parties. Subject to this clause, the
courts in New Delhi, India shall have the exclusive jurisdiction for
granting any interim reliefs, notwithstanding any conflict of law
principles.
MISCELLANEOUS
Entire Understanding: These Terms, along with the
forms, disclaimers, privacy policy and other policies, if any,
constitute the entire understanding between you and the Company with
relation to the Platform and the services made available or offered by
the Company.
Waiver: The failure of the Company to exercise or
enforce any right or provision of these Terms shall not constitute a
waiver of such right or provision. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to availing of the Services or these Terms must be filed
within one (1) year after such claim or cause of action arose or be
forever barred.
Severability: If any provision of these Terms is found
by a court of competent jurisdiction to be invalid, the Parties
nevertheless agree that the Parties shall endeavour to give effect,
including commercial effect, to the Parties’ intentions as reflected
herein and all other provisions of these Terms shall remain in full
force and effect.
Assignment: The Company may freely assign and/ or
novate this Agreement, as the case may be, to any of its Affiliates,
permitted assigns and/ or any other third entity without any conditions/
restrictions.
Relationship: The Parties are independent principals
and nothing in this Agreement shall be deemed to create a joint venture,
partnership, association or agency relationship between the Parties or
between them or any of their respective Affiliates.
Queries and Concerns
Kindly send your queries and concerns to support@finshellpay.com
if required, You agree to provide complete support to our team attending
your queries and concerns and agree to abide with their decision, as may
be applicable.
In the event if you feel that your concern has not been resolved to your satisfaction, you may contact our grievance officer, who shall endeavour to redress the concern within 30 working days from the date of escalation. You are advised to escalate to the grievance officer only when you have already raised your complaint which has not been resolved to their satisfaction, or their concern has not been resolved within 30 working days from the date of submission.
In compliance of the Information Technology Act, 2000 and rules made thereunder and also in compliance of the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer are herein as under:
Grievance Redressal Officer:
In compliance with applicable laws, Company has appointed a Grievance Redressal Officer
who can be contacted in case of any consumer grievances or queries. The details of our
Grievance Redressal Officer are as follows:
Designation: Grievance Redressal Officer
Name: Mr. Nand Kishore
Email ID: nand.kishore@globalline.club
Contact Number: +91-7669987131
Address: Innov8 Times Square Unit No. - 2, 4th Floor, A Wing, Times Square Building,
Andheri Kurla Road, Marol, Nilkanth Park, Andheri East, Mumbai – 400059
Complaint Type (Digital Lending-related complaints/ any issues raised by the borrower or User)
Any notice or communication that may be required to be given to Company under these
Terms or any Product/Services-specific terms shared with you may be sent by writing or
emailing to the below address or to be addressed to our Grievance Redressal Officer per
above details:
[Growhiz Technology Private Limited]
Address: Innov8 Times Square Unit No. - 2, 4th Floor, A Wing, Times
Square Building, Andheri Kurla Road, Marol, Nilkanth Park, Andheri East,
Mumbai – 400059
Email: support@finshellpay.com
CIN: U72900MH2023PTC397600