Financial Power
TERMS OF SERVICES

Welcome to financial power ("FP")

Thanks for using our products and services. We are engaged in commercial activities relating to providing of online accounting software solutions. Our Services are provided by FINANCIAL POWER SOFTWARE TECHNOLOZY PRIVATE LTD. located at Raipur Chhattisgarh , INDIA.

This document is an electronic record generated by a computer system. It does not require any physical or digital signatures or certificates. It is in harmony with the terms of Information Technology Act 2000 and rules there under as applicable as well as the amended provisions pertaining to electronic records in various statutes.

Subscribing to FP

By using our services you are agreeing to these terms.

Please read the following terms of services (hereinafter referred to as “the terms”) very carefully before availing any service(s). Kindly note that any accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement. It shows your acceptance of and compliance therewith the following terms and conditions. Our Services are very diverse. Sometimes additional terms or product requirements may carry additional terms, which will be available with the relevant services, and those additional terms become part of your agreement with us if you use those services. These Terms are applicable to all offers, agreements and deliveries made by FP’s unless otherwise expressly specified in writing. By availing any service through our online portal, you agree that you have read, understood and are bound by all the clauses in the Terms, and the Terms in entirety, regardless of how you purchase or use or delegate the services offered herein. If you do not want to be bound by the Terms, then you must not purchase or avail or use our products / services. You may use our services only as permitted by law, and also in accordance with the applicable export and re-export control laws and regulations. We may suspend or stop providing our services to you if you do not comply with our terms or policies or if on investigation misconduct comes to the forefront.

Using our services does not give you ownership of any intellectual property rights in our services or over the content which you access. You may not use content from our services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our services. Don’t remove, obscure or alter any legal notices displayed in or along with our services.

Our Services display some content that is not FP’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies and accordingly we may remove or refuse to display the said content, if we reasonably believe that it violates our policies or the law; but that does not necessarily mean that we review content. Hence, kindly don’t presume that we do.

In connection with your use of our services, we may occasionally send you service announcements, administrative messages and other information. You may opt out of those communications, if you desire to do so.

Some of our Services are available on mobile devices also. Do not use our Services in a way that distracts you and prevents you from obeying traffic rules or other safety laws.

It is also for your kind notice that these ‘Terms of Services’ and corresponding privacy policy are copyright protected. They are a part of the corporate identity of FP’s. Any imitation or reproduction of the terms and provisions herein whether in part or in whole will be considered as an infringement of our rights. Such act is subject to action and proceedings as deemed fit and upon consideration of financial power.

Modifying and terminating our services

We are constantly changing and improving our services. We may add or remove functionalities or features and we may also suspend or stop a Service altogether.

You can stop using our services at any time although we’ll be sorry to see you go. FP’s may also stop providing services to you or add or create new limits to our services at any time.

We believe that you specifically own your data, and preserving your access to such data is very important. If we discontinue a Service, in such a case, we will give you advance notice and a chance to get your information out of that service.

Business uses of our services

If you are using our Services on behalf of a business organization, then, that organization accepts our terms of services. It will hold harmless and indemnify FP’s and its affiliates, officers, agents and employees from any claim, suit or action arising from or related to the use of the Services, or violation of any of these terms including any liability or expense arising from such claims, losses, damages, suits, judgments, litigation costs and also attorneys fees.

Terms & Conditions

  1. Organizational Brief
  2. Interpretation And Reference
  3. About the Terms
  4. Statement Of Services
  5. Availability Of Services
  6. Acknowledgement Of the Terms
  7. Amendment In Terms
  8. User Account Password & Security
  9. Membership Eligibility
  10. Accountants
  11. Extent of Use of The Website is Limited
  12. Rules & Regulations With Respect To Code of Conduct
  13. Rules & Regulations With Respect To Use Of Services
  14. User Warranty & Representation
  15. Maintenance
  16. Liability
  17. Security
  18. Pricing Policy & Discounts
  19. Payment & Clues
  20. Security With Respect To Payment
  21. Links To third Party Vendors and website
  22. Rules Regarding Software Available On this Website
  23. Rules Regarding Documents Available On this Website
  24. Notices Regarding Available Software Documents & Services
  25. Disclaimer Of Warranty & Limitation With Respect To Liability
  26. Monitoring
  27. Indemnification
  28. Copyrights
  29. Trademarks and Service Mark
  30. Notice in Case Of Copyright Infringement
  31. Duration Termination & No Refund Policy
  32. Governing Law
  33. Miscellaneous
  34. Severability

I. Organizational brief

FINANCIAL POWER SOFTWARE TECHNOLOZY PRIVATE LTD. hereinafter referred to as Financial Power or FP based in Raipur, Chhattisgarh , INDIA which is a service provider for an online accounting & Business Management Software.

II. Interpretation and reference

In our Terms of Services, the following words and expressions are used in the following senses unless contrary intention appears explicitly from the context.

  1. ‘You’ or ‘User’ or ‘Buyer’ or ’Consumer’ or ’Customer’ or any other implicit term to such regard shall mean the end User whether natural or with legal personality accessing the website & its contents and using the Service(s) offered or buying any product through the website or by the provider(s) and proprietors of the website.
  2. ‘Accountant’ shall mean a bookkeeping services provider who performs commercial activities for third parties.
  3. ‘We’, ‘Us’ and ‘Our(s)’ shall mean company owners, owners of the world wide Web domain name , www.financialpower.co.in
  4. ‘Company’ in these terms shall mean FINANCIAL POWER SOFTWARE TECHNOLOZY PRIVATE LTD. having its Registered office at Raipur, Chhattisgarh. INDIA.
  5. ‘Website’ or the site shall mean Financial Power website hosted on the domain name www.financialpower.co.in
  6. ‘Financial Power’ in these terms shall mean and refer to the Company FINANCIAL POWER SOFTWARE TECHNOLOZY PRIVATE LTD. and its website as meant to be interpreted by the drafters of these terms, and the right of such interpretation rests solely with the Directors of the Company.
  7. ‘Service(s)’ shall mean and be referred to as provided for in clause IV of these terms below. Sometimes the term service(s) may be interchangeably used with the term product(s), but such use shall be without any prejudice to its apparent or intrinsic meaning. In case of additional reference to the term service(s) occurs then the same would be elaborated in that context accordingly.
  8. ‘Products’ shall mean the services of FP’s accounting and FP’s Invoice available on the margins and scales of FREE TRIAL / BRONZE / SILVER/ GOLD / PLATINUM Business Plans along with optional extra modules.
  9. ‘Records’ shall include all information that the user enters or uploads and also all information that is generated by FP.
  10. ‘Subscription(s)’ as mentioned in these terms and the privacy policy shall mean and refer to the product subscriptions offered by the company through the website whose limits are specified in the registration form on the website.
  11. ‘Free subscription’ shall mean an agreement that is not subject to the fair-usage principle and norms and whose limits are specified in the registration form on the website. User shall be automatically informed if the subscription limits are exceeded and then it would be converted to a paid subscription type.
  12. ‘Guest user’ shall mean any person or entity that browses through the website without any formality that involves logging in.
  13. ‘Agreement’ or ‘Terms’ and ’Conditions’ or ’Terms of Service’ shall mean this standard form of agreement for use of the services by the User or accountant which entails into a binding contract on the parties by virtue of acceptance of the terms and conditions as laid down in this document.
  14. ‘Party’ / ‘Parties’ shall mean any party to this agreement. If any term for reference is not mentioned here in this section, then the same would be explained in context as and when such term occurs. If further any such term is not explained, then the same shall in all cases be construed and interpreted in accordance with the opinion and direction provided by the company.

III. About the terms

  1. The company reserves the unconditional right to update the terms at any time without notice to the user. The applicable version of the terms can be reviewed by clicking on the Terms & conditions hypertext link on the website.
  2. Users by accepting the terms and conditions provided herein also unequivocally agree that they fully understand and accept the privacy policy of the company and its offering.
  3. Use of the website is offered to you conditioned on your acceptance without modification of any and of all the terms & conditions and notices contained in these Terms as may be posted on the website from time to time.
  4. FP at its sole discretion reserves the right not to accept a user from registering on the website without assigning any reason thereof.
  5. Any public offerings or stocks related to the company or released by the company for the purposes of public investment into the company shall be governed by the placement memoranda for such offerings and in no way do these terms and conditions exercise any holding or applicability to rights and liabilities of such offerings except for the general spirit and structure of model of services offered by the company.
  6. Questions regarding these terms or the privacy policy should be directed to contact@financialpower.co.in

IV. Statement of services

  1. Financial Power is providing its Users the Service(s) that are currently inclusive of but not limited to purchasing any product services offered through the website and any other services that are provided to the specific category of users to whom this website would cater to.
  2. This entails and includes the online bookkeeping and accounting solution and products for customer Records that Financial Power provides and maintains via the Internet.
  3. The online Records solution comprises a variety of modules. The number of modules in use and or purchased by the user is agreed upon via the registration process on the Financial Power website or via subscription maintenance page within the product.
  4. The company would be then entitled to receive the payment for such rendering of services on a monthly basis unless otherwise so contracted upon.
  5. The company's delivery model involves such subscription of services whether chargeable or not and to that extent the company inherits responsibility to provide uninterrupted services without disruption subject to such clauses in this agreement which expressly mention the foregoing preceding conditions and situations where the same may not be applicable.
  6. At all times this abovementioned clause IV shall act as the general clause and any clause made specifically to deliver such purpose or any special clauses or sub clauses that exist throughout this agreement shall precede over this general clause in terms of delivery and offering of the company's services.
  7. The company will update this section as per convenience and when deemed necessary.

V. Availability of services

  1. Financial Power shall endeavour to realize uninterrupted Service availability ( 24*7 i.e. 24 hours per day & 5 days per week) The effort is obligated to ensure such service, subject to clauses XV, XXI, XXV & relevant provisions of XVI.
  2. There might be an event in the future wherein a distinct service level agreement ( SLA ) is drawn up to mark such obligations however, until otherwise specified in the contract. In the event of any conflict between such SLA and these Terms and conditions, then these Terms and conditions shall prevail.
  3. In the event the service(s) is / are not available due to malfunction, maintenance or other reasons, Financial Power shall endeavor to notify customer of the nature and expected duration of such interruption.
  4. Financial Power shall support customer / user in the use of the Services by telephonic and online support desk. Said support shall be provided by telephone and E – mail. (See also the support page on the website.) Financial Power shall endeavor to answer questions adequately and within a reasonable time span. However, Financial Power cannot guarantee the accuracy and or completeness of the answers. Support is limited to functional topics related to the service and is not fiscal or bookkeeping advice.

VI. Acknowledgement of the terms

  1. This is a standard agreement as per general principles of the Contract Act. The user's acceptance binds the User irrevocably without any exception to all the clauses and in entirety of the Terms.
  2. This agreement which incorporates by reference other provisions applicable to use of the website inclusive of, but not limited to supplemental terms and conditions set forth hereof, governing the use of certain specific material contained in the website or the services set forth the terms and conditions that apply to use of Financial Power website by user. By using Financial Power website other than to read this agreement for the first time user agrees to comply with all of the terms and conditions hereof.
  3. Financial Power shall have the right at any time to change or discontinue any aspect or feature of Financial Power including but not limited to content, hours of availability and equipment needed for access or use.

VII. Amendments in terms

  1. The provisions of this agreement are subject to modification(s) at any point of time, without prior intimation. If any modification is unacceptable to the user, then the only recourse is to terminate this agreement.
  2. Financial Power shall have the right at any time to change, alter or modify the terms and conditions applicable to future registered Users, use of the website or the services or any part thereof or to impose new conditions inclusive of but not limited up to adding new services and or charges for use.
  3. Your continued participation in the program following our posting of a change notice or new agreement will constitute binding acceptance of the change.
  4. Changes also apply to agreements previously entered into subject to a term of 30 (thirty) days after notice of the change by electronic means.

VIII. User account password & security

  1. If and as it may require that any of the services on the Website must need you to open an account, then you must complete the registration process of the same by providing the current complete and accurate information as prompted and requested for, by the applicable registration form or page.
  2. You will also have to designate a password and user name upon completion of the registration process. You will receive the password and account designation as put forth by you and as it shall be on availability.
  3. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
  4. You agree to.
    A. Immediately notify Financial Power of any unauthorized access to your account and password or any other breach of security and.
    B. Ensure that you logout from your account at the end of each session.
  5. Financial Power shall not be liable for any loss that you may suffer as a result of someone else using your password or account either with or without your knowledge.
  6. You could be held liable, however, for losses & damages incurred by Financial Power or any other party due to someone else using your account or password.
  7. Financial Power cannot be held and will not be liable for any loss or damage arising from your failure to comply with Clause VIII. (4) (B).
  8. User may not use anyone else's account at any time. Users shall not fill the field company name or user name as an entity which the user is not. Such act of the User would be deemed as committing misrepresentation. Financial Power cannot monitor or verify the authenticity of such users if any, and therefore would not be liable for any damage or loss caused to any such victim, entity due to such act of any User.

IX. Membership eligibility

  1. Use of the website is available only to persons who are competent to contract according to the Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the contract law including minors undischarged insolvents, people of unsound mind etc. are not eligible to use the website. If the user is a minor i.e. under the age of 18 years the person shall not register as a member of the website or purchase any items on the website. If a minor wishes to purchase an item on the website such purchase or sale may be made by his / her legal guardian or parents having a login ID as user to the website or can use the website as a guest user. Financial Power reserves the right to terminate such membership and refuse to provide you with access to the website if it is brought to its notice or if it is discovered that you are under the age of 18 years. Users are subject to any and all such restrictions inclusive of but not limited to the provisions of this agreement.
  2. Guest user, if in case you are transacting as a guest user, then such user shall have certain additional restrictions than a registered user.

X. Accountants

  1. The provisions in these Terms are for direct users or customers and likewise apply to accountants.
  2. Accountant shall have the access to the website after getting the authorization from the customer & can carry out actions on customer's behalf. Such authorization shall be granted by customer electronically using the service and can also be revoked by customer by the same method.
  3. Accountant may apply for the services on behalf of the customer. Financial Power shall notify customer & shall take the record of the same customer, then approve the accountant application for the services. Accountant may cancel the service in accordance with termination policies mentioned in these terms. In that event, customer has the opportunity to continue the services independently.
  4. In the event, if an accountant maintains so called in house records and the accountant enters independently into an agreement with its client, then the accountant indemnifies Financial Power against claims from those clients.

XI. Extent of use of the website is limited

  1. Customer as well as anyone else authorized by the customer, to use the website on his behalf, agrees to and undertakes not to reverse engineer or to modify, decipher, decompile or disassemble the website or copy, distribute, transmit, display, perform, reproduce, publish license, create derivative works from transfer or sell any information or software obtained from the website.
  2. Limited reproduction and copying of the content of the website & its contents is permitted provided that Financial Power India's name is stated as the source, and a prior written permission of Financial Power in this regard is sought.
  3. Unlimited or extensive or wholesale reproduction or copying of the content for commercial or non commercial purposes and unwarranted modification of data and information with respect to the content of the website is not permitted.

XII. Rules with respect to user conduct

  1. These rules are applicable to each and every part of the website, as well as to the entire blog question & answer forums, the corresponding services, all the software’s associated with the website and also the company as a whole.
  2. In utmost primary consideration of humans and human values, any user or their representatives using the website shall not communicate in any manner that is contrary to public etiquette, morality as well as decency with customer support executives, helpdesk personnel and officials of financial power. Use of slanderous language, profanity, abusive words or undertones or obscene language is absolutely prohibited. Upon evidence Financial Power has all the rights to warn and then take appropriate action against such user who breaches the moral code of conduct in civilized communication.
  3. Further user or their representatives shall use Financial Power website for lawful purposes only.
  4. You shall not store post or transmit through the website any material which violates or infringes in any way upon the rights of others which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or which without Financial Power’s express prior approval contains advertising or any solicitation with respect to products or services. Financial Power as a policy and technicality never views any of the information stored on its system.
  5. The website and the services offered contains copyrighted material, trademarks and other proprietary information including but not limited to text software photos, video graphics, music and sound. The entire contents of the website are copyrighted as a collective work, under the copyright laws of India and world conventions with respect to intellectual property like the agreement for trade related aspects of Intellectual Property Rights (TRIPS). Financial Power owns a copyright in the selection coordination arrangement and enhancement of such content as well as in the content original to it. You shall not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content in whole or in part. You may download copyrighted material for your personal use only.
  6. Except and until as otherwise expressly permitted under copyright law no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Financial Power and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
  7. You also acknowledge that the same does not acquire any ownership rights by downloading copyrighted material.
  8. User or any representative of the user shall not upload, post or otherwise make available on Financial Power website any material protected by copyright trademark or other proprietary right without the express permission of the owner of the copyright trademark or other proprietary right, and the burden of determining that any material is not protected by copyright solely rests with user.
  9. User or any representative of the user shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from such a situation.
  10. The abovementioned sections of clause XII are for the benefit of Financial Power, its subsidiaries, parent company, sister concerns affiliates and its third party content providers and its licensors. Each shall have the right to assert and enforce such provisions directly or on its own behalf.

XIII. Rules with respect to use of services

  1. These rules are applicable to all parts of the website and in whole the blog question & answer forums and the corresponding services and software’s associated with the website and the company.
  2. In the use of our services, user determines what information shall be stored and or exchanged while using the services. Financial Power has no knowledge of this information.
  3. User is solely responsible for ensuring that the said information is lawful and does not infringe upon the rights of others. Financial Power accepts no liability for the information that is stored and or exchanged while using the services.
  4. User shall indemnify Financial Power against third- party’s’ claim that the information stored and or exchanged by the user using the services is unlawful.
  5. Financial Power on acquiring knowledge or becoming aware that the information stored and/or exchanged by the user using the services is unlawful, shall immediately delete or block access to the said information, as it reserves the right to do so. It is at Financial Power’s discretion. Under no circumstances shall Financial Power be liable for damages arising from such measures.
  6. In the event that Financial Power suspects fraud or abuse of its services, it is entitled to hand over user's personal data and records over to the competent authorities.
  7. User shall immediately electronically inform Financial Power of any changes in name, E-mail addresses or other information that is important to Financial Power's execution of the Service. Changes to the stated information can be made using the service(s).
  8. After subscribing to the service software and logging in through the designated user name and password the User may create legitimate access method for others as deemed by the User. Such opening is provided by further generating pairs of access names and passwords called credentials. Number of credentials is as per the specifications of the plan. User is not allowed to provide more persons with access to the service than were specified as per the active subscribed plan, as per the agreement that was entered into on the website.
  9. User may not act as a provider of the services and thereby claim or misrepresent to claim any rights over the services.
  10. If Financial Power determines that there is a threat to the proper functioning of the computer systems or networks belonging to Financial Power or to others and or to service through a network, Financial Power is entitled to take all reasonable measures to avert or prevent said threat.
  11. Without affecting its other rights, Financial Power reserves the right to suspend its obligations to user or to terminate the agreement, in the event that User acts or is reasonably suspected of acting contrary to the clauses in these Terms with no liability on Financial Power's part for damages or restitution of monies paid for the service.
  12. User agrees and undertakes to use the website and its service only to post and upload messages and material that are proper, merely by way of example and not as a construed limitation. You agree and undertake that while using a service you will not -
    1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
    2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
    3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
    4. Upload or distribute files that contain viruses corrupted files, not introduce viruses, other worms, logic bombs or other material which is malicious or technologically harmful or any other similar software or programs that may damage the operation of the Website or another's computer.
    5. Conduct or forward surveys, contests, pyramid schemes or chain letters.
    6. Attack the website via a denial of service attack or to distribute a denial of service attack .
    7. Download any file posted by another user of a Service that you know or reasonably should know cannot be legally distributed in such manner.
    8. Falsify or delete any author’s attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    9. Violate any code of conduct or other guidelines which may be applicable for any particular service.
    10. Violate any applicable laws or regulations for the time being in force, within or outside India .
    11. Violate any of the terms and conditions of this agreement or any other terms and conditions for the use of the website contained elsewhere herein.
    12. Customer agrees, undertakes and confirms that your use of Financial Power shall be strictly governed by the following binding principles. You shall not host, display, upload, modify, publish, transmit, update or share any information.
      1. Which belongs to another person and to which you do not have any right to.
      2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful or racially, ethically, objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
      3. Misleading in any manner.
      4. Is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophiliac, racism, bigotry, hatred or physical harm of any kind against any group or individual.
      5. Harasses or advocates harassment of another person.
      6. Involves the transmission of junk mail chain letters or unsolicited mass mailing or spamming.
      7. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
      8. Infringes upon or violates any third party's rights including but not limited to intellectual property rights, rights of privacy including without limitation, unauthorized disclosure of a person's name, email address, physical address or phone number or rights of publicity.
      9. Promotes an illegal or unauthorized copy of another person's copyrighted work. (See copyright complaint below for instructions on how to lodge a complaint about uploaded copyrighted material such as providing pirated computer programs or links to them providing information to circumvent manufacture installed copy protect devices or providing pirated music or links to pirated music files).
      10. Contains restricted or password-only access pages or hidden pages or images those not linked to or from another accessible page.
      11. Provides material that is of exploiting nature to people in a sexual manner, violent or otherwise inappropriate manner or solicits personal information from anyone.
      12. Provides instructional information about illegal activities such as making or buying illegal weapons violating someone's privacy or providing or creating computer viruses.
      13. Contains video photographs or images of another person aged 18 (eighteen) or older, without his or her express written consent and permission or those of any minor regardless of whether you have consent from the minor or his or her legal guardian.
      14. Tries to gain unauthorized access or exceeds the scope of authorized access as defined herein and in other applicable codes of conduct or end user access and License agreements to the Sites or to profiles, blogs, communities, account information bulletins, friend requests or other areas of the sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
      15. Engages in commercial activities & or sales without Financial Power’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes or the buying or selling of virtual items related to the sites. Throughout these Terms, Financial Power’s prior written consent means a communication coming from Financial Power's Legal department specifically in response to your request and specifically addressing the activity or conduct for which you seek authorization.
      16. Solicits gambling or engages in any gambling activity which Financial Power in its sole discretion believes is or could be construed as being illegal.
      17. Interferes with another user's use and enjoyment of the Financial Power website or any other individual's user and enjoyment of similar services.
      18. Refers to any website or URL that in the sole discretion of Financial Power contains material that is inappropriate for the Financial Power website or any other website. Contains content that would be prohibited or violates the letter or spirit of these Terms of use.
      19. Harm minors in any way.
      20. Infringes any patent trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
      21. Violates any law for the time being in force.
      22. Deceives or misleads the addressee users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
      23. Impersonate another person.
      24. Contains software viruses or any other computer code files or programs designed to interrupt, destroy or limit the functionality of any computer resource or contains any Trojan horses worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage detrimentally, interfere with diminish value of surreptitiously intercept or expropriate any system data or personal information.
      25. Threatens the unity, integrity, defense 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 any other nation.
      26. Shall not be false, inaccurate or misleading.
      27. Shall not directly or indirectly offer, attempt to offer trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
      28. Shall not create liability for us or cause us to lose in whole or in part the services of our ISPs or other suppliers.
    13. User shall not use any deep - link page-scrape robot spider or other automatic device program algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any Content or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. Financial Power reserves the right to bar any such activity.
    14. User shall not attempt to gain unauthorized access to any portion or feature of Financial Power website or any other systems or networks connected to Financial Power website or to any Financial Power server computer network or to any of the services offered on or through Financial Power website or by hacking password, mining or any other illegitimate means.
    15. User shall not probe, scan or test the vulnerability of Financial Power website or any networks neither connected to them nor breach the security or authentication measures on website or any network connected to Financial Power website. User may not reverse, look up, trace or seek to trace any information of any other user or visitor to Financial Power website or any other customer of Financial Power including any Financial Power account not owned by user to its source or exploit Financial Power website or any service or information made available or offered by or through Financial Power website in any way where the purpose is to reveal any information including but not limited to personal identification or information other than your own information as provided for by the website.
    16. By agreeing to these terms the user agrees that the user or any representative or anyone using the services of the website on your behalf will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Financial Power website or Financial Power's systems or networks or any systems or networks connected to Financial Power or its services.
    17. User agrees not to use any device software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website or with any other person's use of the website.
    18. User may not forge headers or otherwise influence identifiers in order to disguise the origin of any message or transmittal, which the user had sent to Financial Power on or through the internet or any service offered on or through the website. User must not impersonate himself as any other individual or entity.
    19. User may not use the website or any content for any purpose that is unlawful or prohibited by these Terms or any act which solicits the performance of any illegal activity or other activity which infringes the rights of Financial Power or others.
    20. Solely to enable Financial Power to use the information, you being the user, supply us the information so that we are not violating any rights. You have in your information, that user agrees to grant us a non exclusive worldwide perpetual irrevocable royalty free sub licensable through multiple tiers, right to exercise the copyright publicity database rights or any other rights in any media now known or not currently known with respect to your information. Financial Power will only use your information in accordance with the terms of use and Financial Power Privacy Policy.
    21. From time to time user shall be responsible for providing information relating to the items or services proposed to be sold by them. In this connection, user undertakes that all such information shall be accurate in all respects. User shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users in any manner.
    22. User shall not engage in advertising to or solicitation of other users of Financial Power to buy or sell any products or services including but not limited to products or services related, being displayed on Financial Power or related to Financial Power. User must not transmit any chain letters or unsolicited commercial or junk email to other users via Financial Power. It shall be a violation of these Terms to use any information obtained from Financial Power in order to harass abuse or harm another person or in order to contact, advertise, to solicit, or sell to another person outside of the Financial Power without Financial Power’s prior explicit consent. In order to protect our users from such advertising or solicitation, Financial Power reserves the right to restrict the number of messages or E-mails which a user may send to other users in any 24 hour period which Financial Power deems appropriate in its sole discretion. Financial Power has the right at all times to disclose any information including the identity of the persons providing information or materials on the Financial Power website as necessary to satisfy any law regulation agency or any valid governmental request. This may include without limitation disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Financial Power can and users’ also hereby expressly authorize us to disclose any information about users to law enforcement agency or to any other government officials as we in our sole discretion believe it necessary or appropriate in connection with the investigation and or resolution of possible crimes especially those that may involve personal injury.
    23. Financial Power reserves the right but has no obligation to monitor the materials posted or uploaded on Financial Power website. Financial Power shall have the right to remove or edit any content that in its sole discretion violates or is alleged to violate any applicable law or either the spirit or letter of these Terms of use. Notwithstanding this right of Financial Power, user remains solely responsible for the content of the materials which he posts or uploads on the financial power website, services which he has subscribed for and his private messages. Please be advised that such content posted does not necessarily reflect the views of Financial Power. In no event, shall Financial Power assume or bear any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of such content and or appearance of content on Financial Power. User hereby represents and warrants that he has all the necessary rights in and to all contents which he provides, and all information which it contains and that such content shall not in any way infringe any proprietary or other rights of third parties or contain any libelous tortuous or otherwise unlawful information.
    24. User’s correspondence or business dealings with or participation in promotions of advertisers found on or through Financial Power, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings are solely between the user i.e., you and such advertiser. Financial Power shall not be responsible or liable in any way for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on Financial Power website.
    25. It is possible that other users including unauthorized users or "hackers" may post or transmit offensive or obscene materials on Financial Power and that user may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about the user due to his use of Financial Power, and that the recipient may use such information to harass or injure such user. Financial Power does not approve of such unauthorized uses, but by using the Financial Power website user acknowledges and agrees that Financial Power is not responsible for the use of any personal information that the user publicly discloses or shares with others on Financial Power. User must carefully select the type of information that he/she wishes to publicly disclose or share with others on Financial Power. Financial Power shall have all the rights to take necessary action and claim damages that may occur due to his/her such involvement, participation in any way either on his/her own or through group’s of People intentionally or unintentionally to harass or injure the user.

XIV. User warranty and representation

  1. User irrevocably guarantees, warrants and certifies that user is the exclusive owner of the content which he / she submits and is otherwise authorized to use the said content. Further, user also irrevocably guarantees, warrants and certifies that the content does not infringe upon the intellectual property rights or any other rights..
  2. Customer further warrants that as per their knowledge no action, suit proceeding or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark and copyright formerly or currently used by him / her in connection with the Services rendered by Financial Power.

XV. Maintenance

  1. Financial Power reserves the right to temporarily suspend access to the services in order to carry out maintenance adjustments or improvements to the services and Financial Power's web servers.
  2. Financial Power shall Endeavour to conduct such suspension of access outside office hours to the extent possible and shall notify customer of the planned suspension in a timely manner beforehand.
  3. Under any circumstances Financial Power shall not be liable to customer for any damages resulting from such suspension of access.
  4. In order to improve functionality and fix errors, Financial Power reserves all rights to alter the services as well as software from time to time. If such alteration leads to a significant change in functionality, Financial Power shall notify customer of the alteration by means of release notes stated on the website.
  5. Since the services are provided to multiple customers, it is not possible to waive a particular alteration for a single or few customers only. However, Financial Power is not liable for any damages resulting from alterations to the services.
  6. Financial Power reserves the right to stop updating or maintaining components of the services.
  7. Interface features with other service providers that Financial Power makes available shall be viewed as an extra service. Customer cannot obligate Financial Power to update or maintain said interface nor can Financial Power guarantee its proper functioning.

XVI. Liability

  1. Financial Power's liability for direct damages suffered by a customer as a consequence of Financial Power's attributable failure to perform its duties under the agreement among them expressly understood every failure to perform warranty obligations entered into with customer or wrongful acts by Financial Power, its employees or third parties acting on its behalf is per occurrence series of related events limited to an amount equal to the annual payments excluding VAT, that Customer is required to make under this agreement. In no event, shall the total compensation for direct damages exceed three months of total payment made by the customer user excluding VAT.
  2. Financial Power accepts no liability for indirect damages including consequential damages, loss of profits, unrealized savings, corruption or loss of company data and damages resulting from the interruption of business or incorrect conversion of scanned documents.
  3. Financial Power is only liable for attributable failure to perform its duties under the agreement. If a customer notifies Financial Power regarding any breach immediately as well as properly in writing, thereby proposing a reasonable time frame, for correcting the said failure to perform& Financial Power continues to be attributable for failure to perform its duties after that period of time, said notice of breach shall contain as detailed as possible, a description of the failure to perform, so that Financial Power is able to respond adequately.
  4. Financial Power is never liable for damages resulting from force majeure. (Refer to Clause XXI (7) for force majeure).
  5. Any right to compensation arises only from the condition that the customer has notified Financial Power of the damage in writing within 30 (thirty) days of its occurrence.
  6. Neither Financial power nor any other party involved in creating, producing or delivering the services including but not limited to the content will be liable for any incidental, special, consequential or punitive damages resulting from user’s access to or use of or inability to access or use of the services whether based on warranty, contract, tort including negligence or any other legal theory whether or not financial power has been informed of the possibility of such damage even if a remedy set forth herein is found to have failed of its essential purpose. User specifically acknowledges that financial power is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with user. Further financial power will have no liability towards user or to any third party for any third party content downloaded or otherwise accessible from or through the services. User specifically agrees that the aggregate liability of financial power to user for any and all claims arising in connection with the services is limited to 1(one) month total payment made by the user.
  7. The limitations of damages set forth above are fundamental elements of the basis of the bargain between financial power and user. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Hence, the above limitation may not apply to user. This is all subject to and with regard to the maximum permissible limits of the applicable law.

XVII. Security

  1. All information and Records relating to the website as well as the users’ data are saved and stored in secured form at third party data center’s within INDIA as well as outside INDIA.
  2. Financial Power has appropriate technical as well as security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to user information.
  3. When we collect data through the Site we collect user's personal details within a secured server. We use firewalls on our servers. Whilst we are unable to guarantee 100 % security, though, this makes it hard for a hacker to decrypt users details.
  4. Users are strongly recommended not to send full credit or debit card details in unencrypted electronic communications to us.
  5. We maintain physical electronic and procedural safeguards in connection with collection storage and disclosure of user's information.
  6. Our security procedures connote that we may occasionally request proof of identity before we disclose personal information to user. Hence, users’ are solely responsible for protecting against unauthorized access to user password and to user computer.
  7. In case of any breach of security, Financial Power’s liability shall be in accordance with the provisions of the clauses and also as per the terms dealing with liability and limitations in liability and shall not be construed to be absolute.

XVIII. Pricing policy & discount

  1. Customer can generate invoices per month using free plan as per limit described in the website post which corresponding charges as per pricing chart details on website apply.
  2. All prices of services offered are in Indian Rupees (INR) including Service Tax and other governmentally imposed charges. It also includes transaction charges that user may be subject to by virtue of his/her payment method provider's policy for e.g. the credit card provider banks other credit or debit financial institutional facilities etc.
  3. All payments made against the purchases, services on Financial Power by user shall be compulsorily in Indian Rupees. Financial Power does not accept any other form of currency with respect to the purchases subject to Financial Power’s approval.
  4. All prices on the website, in brochures and in newsletters may contain typographical or arithmetic errors. Financial Power accepts no responsibility for the consequences of such errors.
  5. Financial Power reserves the right to change its prices at any time. These changes shall be announced in the Financial Power newsletter at least 1 (one) month before they go into effect. A customer who cannot accept these changes is authorized to terminate the agreement at any point up to the moment at which these changes take effect. Such termination shall take effect on the date on which these changes take effect.
  6. Discount of forty percent on the value of services is offered only as an introductory launch price basis. It shall in no way be construed to be a right of the customer on a permanent practice. Such discount shall be valid only during the period of introductory offer by the company, and the company has the sole right to revoke such offer without prior notice.
  7. Any other discounts or special offers made by the company shall be for the duration as specified by the company and the conditions for such offers would be highlighted along with separate agreement other than this agreement. Such offers shall also be subject to revocation from the side of the company without any prior notice.

XIX. Terms relating to payment and dues

  1. Customer shall make payment for the chargeable services subscribed to on a post on Daily / Weekly / Monthly Quarterly / Half Yearly / Yearly basis on the issued bill.
  2. Customer shall be notified of the fee for the services to be provided by Financial Power during the registration process on the website.
  3. Customer agrees to accept electronic invoices from Financial Power.
  4. After invoice is generated and E-mailed to Customer he / she is required to make the payment of the same within 7 (seven) days from the date of generation and receipt of invoice. After 7 days of such nonpayment, Financial Power will issue three warnings at intervals of five days each in order to remind the Customer for payment. Post three reminders the account of the user will be blocked and no login would be possible.
  5. Data of any nature entered into or available within such blocked account would be retained on servers of Financial Power for a period of 45 (forty five) days, post which the same is subject to deletion. Kindly take into note that, customer has to make payment within 45 (forty five) days of defaulting the 3 warnings, in order to save his / her data. Financial Power would not be liable in any way for any loss or damage caused to the customer arising out of such deletion of data.
  6. Payment Methods offered by Financial Power to customers for use of services is as follows:
    1. Electronic clearance System (ECS) - Customer shall authorize Financial Power to deduct the amounts due from customer's bank account by filling in the ECS mandate obtained from their respective banks and duly signed, sealed and mailed to Financial Power by post. Customer shall ensure a sufficient balance in said account.
    2. Debit card or Credit Card - All card payments whether through debit or credit are assigned, processed and done through Bill Desk. Gateway bill desk is Financial Power's official payment gateway partner
      Note:- Financial Power does not store confidential user data w.r.t. card payments such as card number, cardholder's name, authentication, PIN, verification code and expiry/valid through date etc.
    3. Internet banking - Users facilitated with internet banking facilities with their bank accounts, can avail the services of the same via bill desk gateway.
    4. National Electronic Fund Transfer (NEFT) - Customer may find information w.r.t. the bank and account number details of Financial Power through the website or helpdesk such as IFSC Code, MICR Number, Account name number etc. Customer is required to add Financial Power as a payee in his / her online banking website and transfer the payment every month.
  7. Financial Power does not support payments in cash mode.
  8. Payment once made would not be refunded in any circumstances.
  9. In the event, that payment is past due, customer shall be held responsible not only for the amount due and interest on the amount due but also for all additional fees both extrajudicial and judicial including but not limited to the fees for attorneys.
  10. Payment is immediately due in the event the customer is declared bankrupt, requests suspension of payment upon complete seizure of customer's assets, if customer dies and furthermore if customer is placed in liquidation or dissolved.
  11. In the cases listed above, Financial Power furthermore retains the right to terminate or suspend the agreement or the not yet executed portion thereof without fault or judicial intervention without affecting Financial Power's right to claim compensation for any damages arising hereby.
  12. If a summary invoice is not paid in full, Financial Power is further entitled to suspend all subscriptions for which Customer has already paid by blocking access to the services.
  13. In case of failure in payment attempt, Financial Power retains the right to charge extra administrative cost.

XX. Security with respect to payment

  1. While availing any of the payment methods offered by us, please note that, we are in no way responsible or we shall take no liability of whatsoever nature in respect of any loss or damage suffered by user arising directly or indirectly, because of the decline due to.
    1. Lack of authorization for any transaction; or.
    2. Exceeding the preset limit mutually agreed by user and between his / her Banks; or
    3. Any payment issues arising out of the transaction; or
    4. Decline of transaction for any other reasons.
  2. All adequate and extensive measures shall be adopted to ensure security of the user keeping in view maximum as well as majority kinds of online threats and loopholes, including threats that are financial in nature. Kindly note that the website from its side is completely dedicated to take measures and provide for the user needs with respect to assured security as required.

XXI. Links to third party vendor/website

  1. Maybe now or in future this website may contain links to third party websites. These links are provided solely as a convenience to user and not as an endorsement by Financial Power of the contents on such third party websites.
  2. Financial Power is not responsible for the content of linked third party sites and do not make any representations regarding the content or accuracy of materials on such third party websites. If user decides to access linked third party websites he / she does so at his / her own risk.
  3. User may enter into or seek to enter into transactions with third parties in relation to the material via the website www.financialpower.co.in . Financial Power will not be a party to such transactions and will not be liable whether in contract, tort including without limitation liability for negligence or otherwise for any loss or cost of damage incurred by user arising out of or in relation thereto.

XXII. Rules regarding software available on this website

  1. These rules are applicable to all parts of the website and in whole the blog question & answer forums and the corresponding services and softwares associated with the website and the company.
  2. Any software that is made available for use from the services is the copyrighted work of Financial Power and or its suppliers. Lawyers and Solicitors are strictly prohibited against use of the same. Use of the software is governed by the terms of the end user license agreement if any, which accompanies or is included with the software's License agreement. An end user will be unable to install if needed to install any software that is accompanied by or includes a License agreement unless he or she first agrees to the terms of the License agreement.
  3. The software is made available solely for use by end users according to the License agreement. Any reproduction or redistribution or attempt to reproduce or redistribute the software, but not in accordance with the License agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
  4. For users convenience, financial power may make available as part of the services or in its software products, tools and utilities for use and or download. Though the results of usage of such tools are deemed to be as accurate as the same however, Financial Power does not make any guaranteed assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities.
  5. Kindly respect the intellectual property rights of others when using the tools and utilities made available along with the services.

XXIII. Rules regarding documents available on this website

  1. These rules are applicable to all parts of the website and in whole the blog question & answer forums and the corresponding services and softwares associated with the website and the company.
  2. Financial Power and or its respective suppliers make no representation about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided as is without warranty of any kind.
  3. Financial Power and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information including all warranties and conditions of merchantability whether express, implied or statutory fitness for a particular purpose, title and non infringement.
  4. In no event shall financial power and or its respective suppliers be liable for any special, indirect or consequential damages or for any damages whatsoever resulting from loss of use of data or profits whether in an action of contract, negligence or other tortuous action arising out of or in connection with the use or performance of information available from the services.
  5. The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are also periodically added to the information herein. Financial power and or its respective suppliers may make improvements and or changes in the product(s) and or the program(s) described herein at any time.

XXIV. Notices regarding available software, documents, services

  1. In no event shall Financial power and or its respective suppliers be liable for any special indirect or consequential damages or any damages whatsoever resulting from loss of use of data or profits whether in an action of contract, negligence or other tortious action arising out of or in connection with the use or performance of software documents, provision of or failure to provide services or information available from the services.

XXV. Disclaimer of warranty and limitation with respect to liability

  1. You hereby expressly agree that use of financial power is at your own sole risk. Neither financial power, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that financial power will be uninterrupted or error free nor do they make any warranty as to the results that may be obtained from use of financial power website or as to the accuracy, reliability or content of any information service or merchandise provided through financial power.
  2. Financial power website is provided on, as is basis without warranties of any kind either express or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose other than those warranties which are implied by and incapable of exclusion restriction or modification under the laws applicable to this agreement.
  3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus communication line failure, theft or destruction or unauthorized access to alteration of or use of record whether for breach of contract, tortious behavior negligence or under any other cause of action.
  4. You specifically acknowledge that financial power is not liable for the defamatory, offensive or illegal conduct of others, yours or third parties and that the risk of injury from the foregoing rests entirely with you.
  5. In no event will financial power or any person or entity involved in creating producing or distributing financial power or the financial power software be liable for any damages including without limitation, direct, indirect, incidental special consequential or punitive damages arising out of the use of or inability to use financial power. You hereby acknowledge that the provisions of this section shall apply to all content on the site.
  6. In addition to the terms set forth above neither financial power nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration for any errors inaccuracies, omissions or other defects in or untimeliness or un authenticity of the information contained within financial power or for any delay or interruption in the transmission thereof to user or for any claims or losses arising there from or occasioned thereby. None of the abovementioned parties shall be liable for any third-party claims or losses of any nature including but not limited to lost profits punitive or consequential damages.
  7. Force majeure or act of god. Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control including without any limitation, acts of god, mobilization, war, civil unrest, riot, strikes, lockout, interruption of business embargoes, restrictions to import and export, acts of civil or military authorities, fire, floods, accidents, disruptions to the telecommunications infrastructure service, outages resulting from traffic gridlock and or equipment failure and or software failure and or telecommunications failures, power failures, network failures, failures of third party service providers including providers of internet services and telecommunications the party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

XXVI. Monitoring

  1. With respect to general content of the website and possible infiltrating sources and internet black holes, Financial Power shall have the right but not the obligation to monitor the content of its website to determine compliance with this Agreement and any operating rules established by Financial Power and to satisfy any law regulation or authorized government request.
  2. Without limiting the foregoing, Financial Power shall have the right to remove any material that Financial Power in its sole discretion finds to be in violation of the provisions hereof or otherwise objectionable.
  3. With regard to account specific and user uploaded logged content, Financial Power respects the privacy of users financial data and therefore does not access or view or in any case wish to monitor or have access to such accounting data.
  4. Financial Power technical helpdesk executives shall have access to such content as mentioned in the above sub clause, only if the user has expressly provided consent for revealing such data to the company, by checking or ticking the check box that lets the User to do so through the provisions available on the User's Financial Power account dashboard.

XXVII. Indemnification

  1. User agrees to indemnify and keep indemnified Financial Power and its partners from time to time being its affiliates and their respective directors, officers, its employees and agents from and against any claims, liabilities, damages, costs actions or demands including without limitation, reasonable legal and accounting costs, alleging or resulting from users use or misuse of the material or users breach of these Terms except to the extent that such claims, liabilities, damages, costs, actions or demands are caused by Financial power.

XXVIII. COPYRIGHTS

  1. All such intellectual property that appear on the website or are related to Financial Power or that refer to Financial Power or are associated with Financial Power that fall under the category of materials that are protected as copyrights have been so protected and are registered copyrights of Financial Power.
  2. For the duration of the agreement, user receives only a non exclusive, non transferrable right to use the services and the permissions that are granted in these conditions or by other specific means such as the number of users permitted for the subscription in question. The User shall not reproduce or make copies of the service or other materials.
  3. Transferability of economic rights of copyrighted material is subject to the discretion of Financial Power on notice thereby provided by Financial Power in case if any.
  4. Moral and ethical rights with respect to the same shall however irrevocably and without right of waiver shall rest with Financial Power.
  5. Copyrights relating to third party content on Financial Power or logos for example but not limited to Google, Facebook and YouTube etc. are owned by their respective companies, organizations or verticals. Financial Power has no right, claim, duty or liability towards the same.

XXIX. TRADEMARKS

  1. Financial Power and its logos are trademarks of the company. All rights are reserved. All other trademarks appearing on Financial Power website and products are the property of their respective owners.
  2. Understanding that trademarks fall under the category of industrial property with respect to intellectual property rights and are governed by municipal laws and international norms therein, associated and administered by the treaties bureau and conventions of the WIPO which was created in 1967 World Intellectual Property organization up to the extent binding the names of actual companies and products mentioned herein may be the trademarks of their respective owners.
  3. The example companies, organizations, products domain names, email addresses, logos, people and events depicted herein are fictitious .No association with any real company organization product domain, name, email address, logo person or event is intended or should be inferred.

XXX. NOTICE IN CASE OF COPYRIGHT INFRINGEMENT

  1. If you believe that the content available by means of the Website infringes one or more of your copyrights please notify us by providing a written ‘Infringement Notice’ containing the information described below to the designated agent listed below. If Financial Power takes action in response to an Infringement Notice, it will do so on good faith. It will attempt to contact the party that made such content available by means of the most recent E mail address if any provided by such party to Financial Power.
  2. Your Infringement Notice may be forwarded to the party that made the content available or to relevant third parties.
  3. Please be advised that you will be liable for damages including costs and attorneys fees if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked to by the website infringes your copyright, you should consider first of contacting an attorney.
  4. In order to file a valid notice you must include the following.
    1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
    2. An identification of the copyright claimed to have been infringed.
    3. A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Financial Power to find and positively identify that content. For example, we require a link to the specific blog post, not just the name of the blog that contains the content and a description of which specific portion of the blog post, an image, a link the text etc. your complaint refers to.
    4. Your name, address, telephone number and E mail address and
    5. A statement by you (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law or by the copyright owner or such owner's agent (b) that all of the information contained in your Infringement Notice is accurate and (c) under penalty of perjury that you are either the copyright owner or a person authorized to act on their behalf.
  5. If an Infringement notice is valid we are required by law to respond to it by disabling access to the allegedly infringed content. You then have the option to send us a written counter notice stating why your content does not infringe copyrights and asking for access to be reinstated. Counter notices need to be sent to our designated agent set forth above and must include the following.
    1. Your name, address, phone number and physical or electronic signature.
    2. A statement that you consent to the jurisdiction of the New Delhi District court or such court as deemed by the company to request jurisdiction in & that you will accept service of process from the person who originally provided us with the Infringement Notice the copyright holder.
    3. Identification of the allegedly infringing content and its location before removal or disabling of access and.
    4. A statement under penalty of per jury that you believe in good faith that the content was removed by mistake or misidentification.

XXXI. DURATION TERMINATION AND NO REFUND POLICY

  1. The agreement is entered into for the duration specified on the registration form on the website. Thereafter, without notice of cancellation the agreement shall be automatically renewed for the same duration.
  2. A Party may terminate the agreement in writing or by E - mail observing a period of notice of 1 (one) month. Such termination requires no reason or motivation. The notice period is liable to payment as per active product and packages. Termination by customer does not take effect until confirmed by Financial Power via E -mail after the agreement terminates. Financial Power may convert customer's Records to a Free subscription. This service is at no charge and has limited functionality at customer's request. The records can be deleted but may remain in archives. Customer must submit said request in writing signed by the authorized representative for the company that entered into the agreement.
  3. In the event that one party does not sufficiently or within a specified time frame or otherwise timely fulfils any obligation that may arise from any agreement said party is in breach and the other Party is entitled without notice to terminate the agreement in part or in full without affecting the terminating Party's other rights nor conferring liability for damages.
  4. Financial Power might also terminate the agreement and user's account may be blocked following the three reminders of due payment. Data of any nature entered into or available with such blocked accounts would be retained on servers of Financial Power for a period of 45 (forty five) days post which the same is subject to deletion. Customer has to make payment within 45 (forty five) days of defaulting the 3 warnings in order to save his/her data. Financial Power would not be liable for any loss or damage caused to the customer arising out of such deletion of data.
  5. In the event of termination or cancelation as provided in the previous articles the following obligations shall continue after the end of the agreement.
    1. Outstanding claims / payments .
    2. Liability.
  6. Financial Power may suspend or terminate your use of the website or any service if it believes in its sole and absolute discretion that you have breached any of the terms.
  7. If you or Financial Power terminate(s) your use of the Website or any service Financial Power may delete any content or other materials relating to your use of the service and Financial Power will have no liability to you or to any third party for doing so.
  8. Owing to any such termination from the side of the user or by Financial Power of any User or user’s content the user shall not be eligible to any refund or reimbursement or compensation or settlement or damages from the side of Financial Power or any of its partners & Financial Power absolutely cannot be held liable or in any obligatory position to refund, reimburse, compensate, offer settlement or damages to the user.

XXXII. GOVERNING LAW

  1. These Terms have been constructed in accordance and in consonance with the existing laws of the union of India and this agreement shall be construed in accordance with the laws of the republic of India without any adherence to any conflicting law principles.
  2. This agreement shall be governed by the laws of India, existing therein at any point in time without any reference to general or extraordinary principles and disputes relating to conflict of Laws or private International Law arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at INDIA.
  3. Financial Power is registered in the state of Chhattisgarh, INDIA. Any and all actions pursuant to litigation shall be entertained strictly upon initiation in the courts of Raipur, Chhattisgarh, India only.
  4. All appeals shall be with respect to and shall undergo the specific legal / judicial system of India with the hold of jurisdiction and maintainability of the suit therein with respect to location of the Company.
  5. However the aforementioned legal provisions of clause XXXII are subject to alteration at any point in time without any prior notice and the intent and interests of the company shall have precedence and holding over any dispute that may arise.

XXXIII. MISCELLANEOUS

  1. This Agreement and any operating rules for Financial Power website established by Financial Power constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
  2. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  3. Changes to management or legal status of the company or any subsidiary thereof shall have no effect on the agreement.
  4. The section headings used herein are only for convenience and shall not hold any legal significance.
  5. The records and versions received or saved by Financial Power of any communication, measurements and monitoring performed by Financial Power shall be construed as authentic barring evidence to the contrary provided by customer to which he / she shall have the onus of proving the same.
  6. The interpretation of this agreement and the understanding thereof shall be primarily construed with the original intent with which the framers had drafted it in safeguarding the rights of the proprietor and the User respectively and prime importance and precedence shall be given to the same unless the contrary is enforced by the law in light of public policy.
  7. Financial Power and you are independent contractors. Nothing in this agreement is intended to or will create any partnership, joint venture agency, franchise, sales representative or employment relationship. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement whether on your site or otherwise that reasonably would contradict anything in this agreement.
  8. We, our affiliates, agents or employees will not be liable for loss including direct, indirect, incidental, special, punitive or consequential damages or loss of income related to this program. Our site or links any liability related to this agreement shall not exceed the total fees yet unpaid at the time of any error act or omission.
  9. Reiterating as mentioned earlier in clause VI. The provisions of this agreement are subject to modification at any point of time without prior notice. If any modification is unacceptable to you, your only recourse is to terminate this agreement Your continued participation in the program following our posting of a change notice or new agreement will constitute binding acceptance of the change.

XXXIV. SEVERABILITY

  1. If any provision of the Terms is determined to be not qualified or invalid or unenforceable in whole or in part such disqualification or invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
  2. Parties shall in such accordance draft new provision(s) as replacement(s) whereby to the extent legally possible. However, the intent of the original agreement, as well as the terms and conditions is to be preserved.

Any particular right(s) which is/are not expressly granted herein is/are reserved by financial power and is not waived in any situation whatsoever.

FINANCIAL POWER SOFTWARE TECHNOLOZY PRIVATE LTD.
Raipur
INDIA
www.financialpower.co.in