TERMS & CONDITIONS and PRIVACY POLICY

 

Welcome to FlexSalary.com ("FlexSalary", "Website", "site"), an offering from Vivifi India Finance Pvt Ltd ("Company", "we", "us", "our"). Vivifi India Finance Pvt Ltd offers short-term loans pursuant to a written agreement between us and a customer establishing an open-ended credit plan under which we contemplate repeated non-commercial loans for personal, family, or household purposes, that are unsecured, without fixed maturities or limitations as to the length of term, and subjected to prepayment in whole or in part at any time without penalty. These loans are intended to address short-term financial needs only, and are governed by the terms of the FLexSalary Loan Agreement and the applicable laws of India. Vivifi India Finance Pvt Ltd, in whole, is not a deposit taking company or a chit fund or a company offering any investment schemes as per the rules and regulations for the time being in force in India. FlexSalary provide website features and other products and services to you when you visit FlexSalary.com, use FlexSalary’s financial products, use FlexSalary applications for mobile, or use software provided by FlexSalary in connection with any of the foregoing (collectively, "Services"). FlexSalary provides the Services subject to the following terms and conditions.

By using FlexSalary Services, you agree to these conditions as listed out in this agreement. Please read them carefully.

The following is a legal agreement (the "Agreement") between you and Vivifi India Finance Pvt Ltd (FlexSalary) that sets forth the terms and conditions of your use of FlexSalary.com (the "Website"). Use of the Website is conditioned on your acceptance, without modification, of the Agreement. Please carefully review the Agreement before using this Website. Your use of the Website constitutes your acceptance of all the terms, conditions, and notices contained in the Agreement. This Agreement supersedes any previous terms and conditions to which you and FlexSalary may have been bound. If you do not agree to these terms, please exit this Website immediately.

Your use of this Site and any Term and Conditions stated in this policy is subject to laws of India. In case of any disputes arising out of the use of the Website and Mobile Application, Courts of Telangana will have exclusive jurisdiction.

We offer a wide range of Services, and sometimes additional terms may apply. When you use a FlexSalary Service (for example, Your Profile, FlexSalary Loan, or applications for mobile) you will also be subject to the guidelines, terms and agreements applicable to that FlexSalary Service ("Service Terms") or the FlexSalary Loan Agreement Terms. If the Terms and Conditions of this agreement are inconsistent with the Service Terms or FlexSalary Loan Agreement terms, those Terms will control.

FlexSalary.com provides a service that allows you to apply for a financial loan and receive emails or calls pertaining to your application, its processing and through the term of your account with us. You understand and agree that if you request a product or service, such as a loan, or any other service relating to finances offered, FlexSalary.com will share your information with certain business partners and/or unrelated third-party companies to process and fulfill your request.

You further agree that by submitting information to FlexSalary.com, you consent to allow us to contact you by telephone, email or mail, even if you have opted into the National Do Not Call List or any other Do Not Call List.

GENERAL PROVISIONS

This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement shall be subject to any other agreements you have entered into with FlexSalary.com. All rights not expressly granted herein are hereby reserved.

No joint venture, partnership, employment, or agency relationship exists between you and FlexSalary as a result of this Agreement or use of the Website. FlexSalary’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FlexSalary’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by FlexSalary with respect to such use.

PRIVACY

FlexSalary’s practices and policies with respect to the collection and use of personally identifiable information are governed by FlexSalary’s Privacy Policy.

FlexSalary.com considers your personal identifying information to be private and operates this Website by keeping any collected personal identifying information confidential. Nevertheless, you understand, acknowledge, and agree that the operation of this Website requires the submission, use, and dissemination of various personal identifying information. Accordingly, your use of this Website constitutes acceptance of FlexSalary.com’s personal identifying information collection and use practices. Please see FlexSalary.com’s Privacy Policy for a summary of FlexSalary.com’s personal identifying information collection and use practices.

MODIFICATION OF THE AGREEMENT

FlexSalary reserves the right to change the Agreement under which the Website or any FlexSalary Service is offered, including, but not limited to, the charges associated with the use of the Website, at any time for any reason. FlexSalary will notify you of any such changes by posting the revised Agreement on the Website. You should check this Agreement periodically for changes. All changes are effective upon posting. Your continued use of the Website after any change to this Agreement constitutes your agreement to be bound by any such changes.

FlexSalary may terminate, suspend, change, or restrict access to all or any part of this Website without notice or liability. FlexSalary.com shall not be liable to you or any third-party should FlexSalary.com exercise its right to modify or discontinue the Service. You acknowledge and accept that FlexSalary.com does not guarantee continuous, uninterrupted or secure access to the site, services, or third-party companies, and operation of our site may be interfered with or adversely affected by numerous factors or circumstances outside of our control. FlexSalary.com further retains the right to terminate access any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, FlexSalary.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of FlexSalary.com. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement.

You expressly absolve and release FlexSalary.com from any claim of harm resulting from a cause FlexSalary.com’s control, including, but not limited to, the performance of third-party service providers, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Vivifi India Finance Pvt Ltd, its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all costs, claims, damages, demands, expenses, liabilities, or losses, including reasonable attorneys’ fees and costs, incurred by FlexSalary in connection with a third party claim that occurs as a result of your violation of this Agreement. You further agree that you will cooperate fully in the defense of any such claims. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of FlexSalary.

WAIVER

Failure by FlexSalary to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

TERMINATION

This Agreement will take effect at the time you begin installing, accessing, or using this Web site, whichever is earliest. This Agreement is effective until terminated by FlexSalary. FlexSalary may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Website at any time, with or without cause, in FlexSalary’s absolute discretion and without notice. The following provisions of the Agreement shall survive termination of your use or access to the Website: the sections concerning Indemnification, Disclaimer of Warranties, Liability Disclaimer, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Website.

ELECTRONIC COMMUNICATIONS

When you use the Website or any FlexSalary Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand that FlexSalary may maintain the information you submitted on FlexSalary.com whether you elect to use our services or not. In the event you no longer want to receive communications from us, you agree to notify us directly.

COPYRIGHT

All content included in or made available through the Wesbite or any FlexSalary Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of FlexSalary or its content suppliers and protected by India and international copyright laws. The compilation of all content included in or made available through the Website or any FlexSalary Service is the exclusive property of Vivifi India Finance Pvt Ltd and protected by India and international copyright laws.

TRADEMARKS

FlexSalary (including the FlexSalary logo), FlexSalary.com, and all related logos are trademarks, service marks, or licensed brands of Vivifi India Finance Pvt Ltd. Other company, product, and service names and logos used and displayed on this Website may be trademarks or service marks owned by Vivifi India Finance Pvt Ltd or others. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks displayed on this Website, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Website unless in accordance with written authorization by us. We prohibit use of any of the FlexSalary trademarks, service marks or licensed brands as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any FlexSalary trademarks, or whether any mark or logo is a FlexSalary trademark, should be referred to Vivifi India Finance Pvt Ltd.

YOUR ACCOUNT

If you use the Website or any FlexSalary Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. By installing, accessing, and using this Website, you represent that you are at least eighteen (18) years of age and is legally allowed to enter into a contract in India, and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Website, including, without limitation, when you use Services provided. If you provide any false, inaccurate, untrue, or incomplete information, FlexSalary.com reserves the right to terminate your access and use of this Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Website and agree not to interfere with the use and enjoyment of this Website by other users and FlexSalary.com’s operation or management of this Website. Moreover, you agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or representative of FlexSalary.com, when using this Website. FlexSalary, further reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

FlexSalary reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on this Web site, FlexSalary.com has not become and is not a publisher of such information, content, and materials.

FlexSalary.com assumes no responsibility for the deletion of or failure to store any message.

You must use your best judgment and reasonable caution in evaluating all third party postings or other content on the Web site. FlexSalary.com does not endorse, oppose, or edit any opinion or information provided by a user or third party, with the exception of removing temporarily or deleting what appears to be potentially unlawful content or content otherwise prohibited under this policy. FlexSalary.com does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, distributed by any user of, or third party contributing materials to, this Web site. FlexSalary.com expressly disclaims all responsibility and liability for such postings, information, and material.

FlexSalary welcomes your feedback and suggestions about how to improve this site. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to FlexSalary.com, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to FlexSalary.com. In addition, any feedback received through this site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for FlexSalary.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

Linking to/ from the Website and Social Media Features:

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You must not

  • Establish a link from any website that is not owned by you
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

AVAILABILITY

Use of the Website or any FlexSalary Service is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement. This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. The offer of this Website or any FlexSalary service is not a distribution or solicitation by FlexSalary to any person to use the Website or any FlexSalary service in jurisdictions where the provision of the Website and its contents is prohibited by law.

Actual or attempted unauthorized use of the Web site may result in criminal and/or civil prosecution. FlexSalary.com reserves the right to view, monitor, and record activity on the Web site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Web site. FlexSalary.com will also comply with all court orders

You acknowledge, consent and agree that FlexSalary.com may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to :

  • comply with legal process and respond to governmental investigations
  • enforce the Agreement
  • respond to claims that any information, services, or content violated the rights of the third parties
  • respond to your requests for customer service
  • protect the rights, property, or personal safety of FlexSalary.com, its users and the public.
THIRD PARTY SITES

The Website may contain links to other websites owned by third party nonaffiliates ("Linked Sites"). FlexSalary hereby disclaims any liability for the contents of any Linked Site including, without limitation, any information, links, materials, products, or services posted or offered at a Linked Site or any changes or updates to a Linked Site. FlexSalary is not responsible for webcasting or any other form of transmission received from a Linked Site. Creating a link to a Linked Site does not imply FlexSalary’s:

  • endorsement or recommendation of the Linked Site
  • association with its operators, or
  • liability for any failure of products or services offered or advertised at the Linked Sites.
Terms related to your use of Yodlee's service on the FlexSalary Website:

You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You are permitted to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service. You are licensing to the Company and its service providers, including Yodlee any information, data, passwords, materials or other content (collectively "Content") you provide through or to the service. Company and Linked Site may use, modify, display, distribute and create new material using such Content to provide the service to you. Company and Linked Site may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Service. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Company and Linked Site may use the Content for the purposes set out above. As between Company and Linked Site, Company owns your confidential account information.By using the service, you authorize Company and Linked Site to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Company and Linked Site a limited power of attorney, and you hereby appoint Company and Linked Site as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when Company or Linked Site accesses and retrieves information from third party sites, Company and Linked Site are acting as your agent.

FlexSalary, in its sole discretion, may post the advertisements of third parties on this Web site and/or feature materials, programs, products, and services provided by third parties. FlexSalary.com makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties found on this Web site are solely between you and such third party. FlexSalary.com expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through this Web site, and you agree that FlexSalary.com shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Website.

LIMITATIONS OF LIABILITY

The information, software, products, and services included in or available through the website may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. FlexSalary may make improvements and changes to the website at any time. Advice received via the website should not be relied upon for personal, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.

To the maximum extent permitted by applicable law, in no event shall FlexSalary be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, negligence, strict liability or otherwise, even if FlexSalary has been advised of the possibility of damages. If you are dissatisfied with any portion of the website or the agreement, your sole and exclusive remedy is to discontinue using the website.

DISCLAIMER OF WARRANTIES

FlexSalary makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. FlexSalary hereby disclaims all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Additionally, there are no warranties as to the results of your use of the content. FlexSalary does not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement. Use of this site is at your own risk.

CREDIT REPORTING DISCLOSURE

You irrevocably agree and allow and give your express consent to FlexSalary either directly or through its authorized representative / agent to procure and access your information such as PAN number and Bank account details and obtain / generate your CIBIL and Experian report for credit assessment purposes and such other purpose as FlexSalary may in its discretion deem fit. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FlexSalary with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and FlexSalary with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents are drawn up in English.

If you have questions regarding this Web site or if you are interested in obtaining more information concerning FlexSalary.com please contact us at info@FlexSalary.com.