This document is an electronic record under the Information Technology Act, 2000, and its rules thereunder as amended from time to time. This electronic record does not require any physical or digital signature.
Before using the services, you are requested to ensure that you really read and understand the below-mentioned Terms and Conditions (“Terms”) which shall apply. Our services are conditional on your acceptance of these Terms.
Please read these Users’ Terms carefully before using EmpWel (Platform/ Website and/ or Mobile Application). These Terms form a part of the Legal Agreement between FMEC International Financial Services Ltd (“We”, “Us”, “Company”, F-MEC”) and User. These terms may be further described in the Agreement entered into and therefore, should be read in conjunction with those mentioned in the Agreement. In case of any inconsistency between these terms and the terms of the agreement, it is clarified that the terms and conditions of the Agreement will prevail.
By clicking on “I ACCEPT” OR “I AGREE”, you irrevocably accept and agree to the terms contained herein.
“You” or “Users” shall mean any person who accesses, downloads, uses and views the Platform and the Services.
“Loan” shall mean the loan applied through the Platform and sanctioned and granted by the company, subject to the terms and conditions of the Loan Agreement.
“Loan Agreement” shall mean the loan agreement executed between Company and the User(s) for granting the Loan whether in physical or electronic form.
“Outstanding Amount(s)” shall mean the Loan, interests, and all other charges due and payable by you to the Company, on the respective due date(s).
“Services” shall mean the services of granting, sanctioning, and lending short-term loans, through the Platform by the Company.
“User Data” shall mean any data, information, documents, or materials submitted with the Company for the use of the Services.
“Website” shall mean www.EmpWel.com, managed and operated by the Company for the provision of Services.
FMEC International Financial Services Limited is a publicly-traded Non-Banking Financial Company registered under the Companies Act, 2013, and also with the Reserve Bank of India has its registered office address at 13-B, Netaji Subhash Marg, Darya Ganj, Delhi -110006.
FMEC International Financial Services Ltd is the licensee of the “EmpWel” Platform. The company reserves the right in its sole discretion to remove any User’s Personal Information from the Platform from time to time.
The use of Services and Platform is subject to the following terms:
· You understand that the Company is authorized to collect, authenticate, verify and confirm the User Data, documents, and details as may be required to sanction the amount through the Platform.
· During the Application process, you shall be required to share and upload the User Data on the Platform. User Data shall include personal information such as your name, e-mail address, gender, date of birth, mobile number, photograph, financial information such as salary slips/bank statements, PAN card, bank account no., data from Credit Information Companies, data required for Know Your Customer compliances, requirement and other relevant details (“Personal Information”).
· You agree that Personal Information shall always be accurate, correct, and complete.
· The amount sanctioned shall be disbursed as per the mode provided on the Platform. You are required to repay the Outstanding Amount(s) to Company, on the respective due date(s) as per the installment schedule.
· Deletion, uninstallation, or discontinuation of our Services, shall not release you from the responsibility, obligation, and liability to repay the Outstanding Amount(s).
· By usage of the Services, you shall be solely responsible for maintaining the confidentiality of the User Account and for all other related activities under your User Account. The Company reserves the right to accept or reject your registration for the Services without obligation of explanation.
· To maintain the security of your account, we are not accessing your mobile data and thus you are required to log in to your User Account, to use or access the Platform.
· The company reserves the right to display content including the advertisement, promotion, or other material provided by third parties on its Platform at its sole discretion. The Users acknowledge that they have no right to object to the display of any content on the Platform unless their privacy is being violated.
· The Platform may contain links to third-party sites. Your access to such sites will require your separate acceptance of their terms and conditions and the Company assumes no responsibility in relation to this.
· We do not guarantee in regard to the accuracy or truthfulness of the information and materials found or offered, except by us, on this website for any purpose.
· The contents of the pages of this Website are for your general information. It is subject to change without any prior notice to the Users. Unauthorized use of the platform may give a rise to criminal liability and claim for damages.
· You are entitled to avail of the Services offered by the Company during the validity of your registration with the Company which is at its sole discretion.
As a condition of using the Platform, you will not use the website for any purpose that is unlawful or prohibited by any domestic or international laws.
You agree not to:
use the Platform or the Services for committing fraud, embezzlement, money laundering, or for any unlawful and/or illegal purposes;
to reproduce, duplicate, copy, sell, resell or exploit any portion of the App;
make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable through the Platform;
use the Platform to harm or injure any third party;
impersonate any person or entity, on the Platform;
make available any content that you do not have a right to make available;
infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party including the Company;
make available any content that contains software viruses, or any other computer code, files, or programs designed not to interrupt, destroy or limit the functionality of any computer resource.
Intellectual Property Rights:
You acknowledge that the Company is the sole owner of all intellectual property rights in relation to the Platform. However, there may be clearly identifiable logos, marks, trademarks, etc. on the Platform owned/used by a third party.
You agree that the Company is not granting you any license to utilize any intellectual property of neither us nor of any third party and any unauthorized use of the same may violate applicable intellectual property laws.
Disclaimer of Warranties:
We make no representations as to the accuracy, timeliness, or completeness of the Platform materials. We periodically amend or modify the information on the Platform including these terms without prior notice. We assume no responsibility or liability with respect to the contents on the Platform. It will be our endeavor to update every relevant information on the website, however, we specifically disclaim any duty to do the same. You are responsible for verifying all information on the Platform before making any decision.
You expressly understand and agree that your use of the Services and the Platform is at your sole risk. The Services and the Platform are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and Title.
Change in User’s Terms:
We reserve the right to amend or modify these Terms without any prior notice to you. Such changes shall have an immediate effect, as and when made. Continued use of the Platform, subsequent to making the changes, shall be deemed to be your acceptance of the revised Terms.
Limitation of Liability:
We will make reasonable efforts to ensure the safety of the Platform, however, the Platform is not hackproof. You acknowledge that the use of the Platform is at your sole risk. Further, you agree that Company shall not be liable for any direct, indirect, or exemplary damages, resulting from unauthorized access to or alteration of your Personal Information.
In addition, you expressly understand and agree that the Company, including its personnel, representatives, or the service provider, shall not be liable for any direct, indirect, or exemplary damages, in relation to consequences of the following situations:
(a) inability to avail the Services or use the Platform
(b) failure or delay in providing the Services or access to the Platform
(c) any performance or non-performance by the Company
(d) any damages to or viruses that may infect your electronic devices or other property as the result of your access to the Platform or your downloading of any content from the Platform; and
(e) server failure or otherwise or in any way relating to the Services.
The foregoing limitation will apply even if any remedy provided under these terms fails in its essential purpose.
You agree to indemnify and hold harmless the Company, and its personnel or other partners, harmless from liability, claim damages, and expenses, including attorneys’ fees, made by any third party due to your:
(i) violation of these terms;
(ii) violation of any rights of other users of the Platform;
(iii) use or misuse of the Platform or the Services;
(iv) violation of applicable laws.
This Agreement shall be construed and governed by the laws of India and courts of law at Delhi shall have exclusive jurisdiction over any disputes arising between the Company and the User without regard to principles of conflict of laws.
In no event, the Company or its personnel or its partners shall be liable for any act in relation to any agreement, if entered between the Company and the User, which is beyond its control.
You acknowledge that we shall have the express right to terminate, in our sole discretion, any agreement with you and consequently your usage of the Platform in the event where:
there is a breach of any provision of these Terms by you; or
The company is required to do so under law; or
the Company chooses to discontinue the Services being offered or discontinue to operate the Platform; or
the license granted to use the App expires; or
of non-payment of Outstanding Amount(s).
Upon termination, the company’s rights and interests as well as your obligation towards us survive but your right to use the Platform ceases. Further, the Company reserves its right to follow up with you, even when you have uninstalled the App or even after termination of these Terms until all your obligations, including but not limited to the payment of the Outstanding Amount(s) is in subsistence.
Any non-exercise of right, irrespective of duration, by the company will not be deemed to be a waiver of any right which can be enforced by the company in the event of any kind of default by the User.
· Assignment: You agree that you shall never assign or otherwise transfer your rights or obligations arising due to any agreement with the Company. You also acknowledge that we reserve the right to assign our rights or obligations arising from the same agreement without any notice to you and no change shall be considered to these terms.
· Complaints and Notices: in the event of any complaint, notice, or correspondence pertaining to services, please feel free to contact us at email@example.com and kindly provide your requisite personal information so that we could verify the details and revert to you as soon as possible.
· Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
· Dispute Resolution: All disputes, differences, and/or claims, arising out of this Agreement, whether during its subsistence or thereafter, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 along with the subsequent amendments in the said Act or any other statutory modification or re-enactment for the time being in force and shall be conducted by a sole arbitrator to be appointed by the Company. The applicable law shall be Indian laws. In the event of incapacity or resignation or death of the sole arbitrator so appointed, the Company shall be entitled to appoint another arbitrator in place of the earlier arbitrator, and the proceedings shall be continued in such manner as decided by the Arbitrator.
Please report any violations or grievances in relation to these Terms to the Company at firstname.lastname@example.org
I accept the terms and condition