Terms & Conditions

Unless otherwise specified, the capitalized terms shall have the meanings set out below:

Account

means and includes the account created on the Site, by the User, in accordance with the terms of the Agreement, registered with and approved by FINDzel.

Agreement

means and includes the Terms and Conditions, Privacy Policy and any other such terms and conditions that may be mutually agreed upon between FINDzel and the User in relation to the Services.

Applicable Law

means and includes any statute, law, regulation, sub-ordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement.

Broker/Agent

means and includes all brokers/Agents, channel partners, sales agencies and other third parties who/ which negotiate or act on behalf of one person in a transaction of transfer including sale, purchase, leave and license, lease or such other form of transfer in relation to a plot, apartment or building, as the case may be, including marketing and promotion of such plot, apartment or building, for remuneration or fees or any other charges for his services whether as commission or otherwise and includes a person who introduces, through any medium, prospective parties to each other for negotiations and includes property dealers, brokers, middlemen by whatever name called and real estate agent as defined under the Real Estate (Regulation and Development) Act, 2016.

Computer Virus

means and includes any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer resource.

Confidential Information

means and includes all information that is not in the public domain, in spoken, printed, electronic or any other form or medium, relating directly or indirectly to, the assets, business processes, practices, methods, policies, subscription plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, work-in-process, databases, manuals, records and reports, articles, systems, material, sources of material, supplier identity and information, vendor identity and information, User identity and information, financial information, results, accounting information, accounting records, legal information, marketing information, advertising information, pricing information, credit information, developments, internal controls, security procedures, graphics, drawings, sketches, sales information, costs, formulae, product plans, designs, ideas, inventions, original works of authorship, discoveries and specifications, of FINDzel and/or affiliates or their respective businesses, or any existing or prospective customer, supplier, investor or other associated third party, or of any other person or entity that has entrusted information to FINDzel in confidence.

Content

means and includes any information all data and information on the Site.

Government Authority

means and includes any government, any state or other political subdivision thereof, any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, and any court, tribunal or arbitrator(s) of competent jurisdiction, and, any Government or non-Government self-regulatory organization, agency or authority; having jurisdiction over the Agreement and the Services contemplated under the Agreement.

Information Technology Act

means the Information Technology Act, 2000.

Intellectual Property

means and includes patents, inventions, know how, trade secrets, trademarks, service marks, designs, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, and other confidential and proprietary information, data, documents, instruction manuals, records, memoranda, notes, user guides, ideas, concepts, information, materials, discoveries, developments, and other copyrightable works, and techniques in either printed or machine-readable form, whether or not copyrightable or patentable, each of which is not in the public domain or would by its very nature fall within public domain.

Intellectual Property Rights

mean and include (a) all right, title, and interest under including but not limited to patent, trademark, copyright under the Patents Act, 1970, Trademarks Act, 1999 and Copyright Act, 1957 respectively; any statute or under common law including patent rights; copyrights including moral rights; and any similar rights in respect of Intellectual Property, anywhere in the world, whether negotiable or not; (b) any licenses, permissions and grants in connection therewith; (c) applications for any of the foregoing and the right to apply for them in any part of the world; (d) right to obtain and hold appropriate registrations in Intellectual Property; (e) all extensions and renewals thereof; (f) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same; (g) any Confidential Information.

FINDzel

means and includes FINDzel AI Technologies Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at Kerala, India including its officers, directors, employees and representatives along with its Site.

Privacy Policy

means and includes the privacy policy of FINDzel more particularly described in Section II.

Prohibited Conduct

means and includes the User’s use of the Service in contravention of the Agreement and Applicable Law; violation of or the abetment of violation of third party rights; infringement or misappropriation of FINDzel’s or any persons Intellectual Property Right; attempt to gain or assist another person/ User to gain unauthorized access to the Site and/or Services or its related systems or networks; create internet links to the Site or "frame" or "mirror" any content on any other server or wireless or Internet-based device; act of sending spam, duplicated or unsolicited messages; usage or storage of obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights leading to harassment, annoyance, anxiety or inconvenience to any person; modify or make derivative works based upon the Service and/or impersonation in relation to any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsely representing User Information.

Registration Data

means and includes the mobile number, e-mail address, username and such other particulars and/or information as may be required by FINDzel and supplied by the User on initial application and subscription.

Personal Information

means and includes details of Aadhaar Card, PAN Card, biometric information, financial information such as bank account, debit card, credit card details and such other sensitive information, of the User, and/or concerned person which personally identifies such User and/or person.

Services

means and includes the services provided by FINDzel within the territory of India to the User of the Site and shall include the provision of (a) connecting tenants, owners and agents to find each other (b) services to the Users who wish to post their listings for the purposes of renting their property, (c) services to the Users who wish to secure/buy a property through the Site, (d) services to the Users pertaining to paperwork and documentation processing, relating to lease agreement registration, bank franking, police verification and society approvals with regard to the rental property listed on its website. (e) services to those who wish to purchase advertisement space of their products or services on the Site, (f) services to the Users who wish to receive advertisements and promotional messages on the Site and through e-mails and text messages, (g) providing residents with a building specific network to enable interaction with neighbours for sharing knowledge of the neighbourhood, (h) services to the Users allowing them to pay marketing money through the Site using third party payment gateways, (i) connecting the Users to various Third Party Service, Agents and Providers for the provision of other related services.

Site

means and includes the website owned, operated and managed by FINDzel AI Technologies Private Limited at the URL www.findzel.ai (www.findzel.com) and also includes the mobile application owned, operated and managed by FINDzel AI Technologies Private Limited.

Terms and Conditions

means and includes the terms and conditions contained in the Agreement more particularly set out in Section I.

Third Party Service Provider

means and includes any service provider with whom FINDzel has an agreement for the purposes of making services in addition to the Services available for the User.

User

means any person who accesses the Site or avails Services on the Site for the purposes of hosting, publishing, sharing, transacting, displaying or uploading information or views and whether as a tenant or as an owner looking for potential tenants includes other persons jointly participating in using the Site.

User Information

means and includes Registration Data, Personal Information and any other data, details or information in relation to the User, provided by the User to FINDzel in relation to the Services, whether through the Site, e-mail or any other form of communication, agreeable to the User and FINDzel.

Unless the context otherwise requires or a contrary indication appears:

• Reference to any legislation or law shall include references to any such legislation or law as it may from time to time be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
• Any reference in this Agreement to a person includes any individual, corporation, partnership, unincorporated organization or governmental agency and shall include their respective successors and permitted assigns and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being.
• Headings to Sections and Clauses are for ease of reference only and shall be ignored in the construction of the relevant Sections and Clauses.
• The singular includes the plural and vice versa and words importing a particular gender include all genders.
• The words ‘other’ or ‘otherwise’ and ‘whatsoever’ will not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.

1. FINDzel agrees to provide to the User and the User agrees to avail from FINDzel the Services in accordance with and on the basis of this Agreement and the User’s acceptance of the Terms and Conditions and Privacy Policy constitute the Agreement between the User and FINDzel and such Agreement shall deem to replace all previous arrangements between the User and FINDzel in relation to the Services and access of the Site.
2. The User undertakes to be bound by the Agreement each time the User accesses the Site, completes the registration process.
3. The User represents and warrants to FINDzel that the User is 18 (eighteen) years of age or above, and is capable of entering into, performing and adhering to the Agreement. Individuals under the age of 18 (eighteen) may access the Site or avail a Service only with the involvement, guidance, supervision and/or prior consent of their parents and/or legal guardians, through the Account of or under the guidance of such parent/ legal guardian. FINDzel shall not be responsible for verifying if the User is atleast 18 (eighteen) years of age.

1. First time Users can access the Site for preliminary browsing without creating an Account.
2. The User undertakes and agrees to provide User Information, uploading Content and create an Account in order to retrieve specific information and avail the Services.
3. FINDzel shall verify the Account by requesting for the one-time password from the User. The User undertakes and agrees that a mobile number can only be used once to create an Account. The User is prohibited from creating multiple Accounts and FINDzel reserves the right to conduct appropriate verification to detect such multiplicity of Accounts and take appropriate action.
4. The User undertakes to cooperate with any of FINDzel’s personnel in connecting with the User’s access to the Site, as may be required by FINDzel.

1. FINDzel offers a combination of Services which the User may subscribe to, subject to the need of the User, upon payment of applicable fees.
2. The subscription fee paid by the User is non-refundable except when the User selects the Moneyback Plan as detailed on the Site.
3. FINDzel reserves the right to revise the fee of any subscription plan without notice to the User at any time prior to, at the time of, during the tenor or post subscription of the plan by the User. FINDzel shall intimate the User of such revised fees and the User undertakes to pay to FINDzel the difference in the amount after such revision.

1. FINDzel shall not be responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and Intellectual Property Rights of and/or in relation to the User Information.
2. FINDzel shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Information, in whole or in part.
3. FINDzel reserves the right to withhold access, remove or discard any User Information from the Site, in whole or in part at on its sole discretion.
4. FINDzel shall have the right but not an obligation to maintain or forward any User Information and to verify the authenticity of any User Information made available to it through the Site or otherwise.

1. FINDzel, at all times, reserves the right, to reject or disable an Account in the event of the User’s violation of any Applicable Law or anything done by the User in contravention of this Agreement and including but not limited for any other reason in relation to the safe and secure operation of the Site.
2. FINDzel has the right to modify, suspend or terminate all or any part of the Services including its features, structure, fees and layout, and/or suspend or deactivate, whether temporarily or permanently, the User Account and/or User’s access to the Site, at any time, without any prior notice to the User.
3. FINDzel shall endeavor to provide the User an advance notice, without any obligation to do so, of any suspension or deactivation of the Site for the purposes of repair, any inspection or testing by a Government Authority, or for maintenance, upgradation, testing or any other reason as FINDzel may deem fit. FINDzel shall use its best efforts to rectify any disruption of or rectify an error on the Site and restore regular operations of the Site.
4. FINDzel has the right to issue notifications, confirmations and other communications to the User, on the Site, through e-mail, text message or any other form as may be agreed to by the User and/or send promotional or other relevant information in relation to the Services to the User. FINDzel may also send users occasional e-mail bulletins unless the Users have opted not to receive these e-mails. These e-mails may also contain neighborhood information, tips and suggestions or any other offer provided by third party. FINDzel does not take any responsibility of the validity of any of these offers. The Users shall have the right to unsubscribe from receiving any such notifications or promotional information at any time by sending a mail to info@findzel.ai

1. Subject to Applicable Law and in accordance with the European Union General Data Protection Regulations (EU GDPR), FINDzel acknowledges and undertakes to comply on a best effort basis with the rights available to its Users of European nationality/ EU residents set out below:

   • the right to know the purposes for which the User Information shall be collected and used;
   • the right to access information that personally identifies the User;
   • the right to rectify incorrect information;
   • the right to delete or remove information after discontinuation of the Services;
   • the right to data portability;
   • the right to restrict data or information from being processed; and
   • the right to opt out of providing or sharing information with FINDzel.
2. The Users of FINDzel to whom the EU GDPR applies, understand and acknowledge that these rights shall at all times be subject to Applicable Law and are not an exhaustive list of the rights available pursuant to the EU GDPR. The relevant Users shall exercise any of these rights by raising a personal and direct request with FINDzel on info@findzel.ai

1. The User shall be liable for all acts conducted through the User’s Account and shall be responsible for the safekeeping of the details and password of the Account.
2. Subject to Applicable Law, the User is responsible for notifying FINDzel immediately upon becoming aware of any unauthorized access into or misuse of the Account causing a breach of security as per the Terms and Conditions and Privacy Policy of FINDzel.
3. FINDzel shall extend support by ensuring immediate termination or suspension of such Account and shall take such other appropriate safety measures as it may deem necessary. Further, FINDzel shall not be held liable for any unauthorized access into the Account and/or any loss or damage caused to the User by such unauthorized access or loss or damage caused as a consequence of the delay or failure of the User in informing FINDzel about such unauthorized access.
4. In order to better protect the secrecy of the User Information, the User is encouraged to change the password of the Account from time to time.

1. FINDzel undertakes that the procurement, storage, usage and dissemination of all information including User Information and/or Content, as the case may be, pursuant to this Agreement, shall at all times, including upon expiration of the Services or termination of the Agreement with the User, be in accordance with the Information Technology Act 2000, the rules made thereunder and other relevant Applicable Laws.

2. The User hereby irrevocably and unequivocally authorizes FINDzel to utilize User Information for the purposes including those set out below:

   • provision of Services in accordance with the Agreement;
   • disclose User Information to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need to know basis for provision of the Services;
   • contacting a Third Party Service Provider and/ or facilitating/ enabling the services of a Third Party Service Provider for the User pursuant to the arrangement between FINDzel and such Third Party Service Provider;
   • conducting internal studies, consumer research, surveys and preparing reports in connection with the Services;
   • entering the registration data for an Account or receiving alerts, contacting a property seller/ buyer; and
   • sending alerts, contact details, promotional messages and promotional calls whether by FINDzel itself or through its partners/ vendors and sub-partners/ sub-vendors.
   • disclosing to third parties (including law enforcement agencies and the User’s building management personnel) personally identifiable information where FINDzel has reasonable cause to believe that the Users are guilty of any Prohibited Conduct.

3. Third party services

   • Subject to the need and request of the User, FINDzel shall engage, directly or indirectly, the services of Third-Party Service Providers from time to time in order to provide the Services to the Users, in accordance with the terms and conditions separately agreed to between FINDzel and such Third-Party Service Provider.
   • FINDzel may recommend services of a Third-Party Service Provider to the User to provide a one stop shop experience in relation to ancillary services, including but not limited to packaging and moving furniture, neighborhood information or doorstep registration facilities to the User.
   • FINDzel shall have the unequivocal consent of the User to share User Information, in whole or in part, with the Third-Party Service Provider, without intimation to the User.
   • The Site may serve as a platform for relevant and interested Third Party Service Providers for the purposes of advertising or promoting their services in relation to the Services provided by FINDzel.
   • Nothing contained herein shall constitute or be deemed to constitute an agency or partnership or association of persons for and on behalf of FINDzel or any Third-Party Service Provider. The arrangement specified in this clause is strictly executed on principal to principal basis and each concerned person shall be bound for their distinct responsibilities, rights, liabilities and obligations in accordance with the relevant bilateral agreement between such persons.

4. Tailored Advertising

   • The User acknowledges and agrees that Third Party Service Providers may use cookies or similar technologies to collect information about the User’s pattern of availing the Services, in order to inform, optimize, and provide advertisements based on the User’s visits on the Site and general browsing pattern and report how Third-Party Service Providers advertisement impressions, other uses of advertisement services, and interactions with these impressions and services are in relation to the User’s visits on such third party’s website.
   • FINDzel also permits Third Party Service Providers to serve tailored advertisements to the User on the Site, and further permits them to access their own cookies or similar technologies on the User’s device to access the Site or avail the Services.
   • The User undertakes and agrees that when accessing the Services from a mobile application the User may also receive tailored in-application advertisements. Each operating system provides specific instructions on the prevention of tailored in-application advertisements.
   • It is to be noted that FINDzel does not guarantee the accuracy, integrity or quality of any content provided by such Third-Party Service Provider. Further, the Users interactions with such Third-Party Service Providers found on or through the Services provided by FINDzel on the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Users and the Third Party Service Providers. In no event shall FINDzel be liable for any damages arising out of any interaction between the User and such Third Party Service Provider. The information provided on the Site is provided to the Users on an “AS IS, WHERE IS” basis.

The Users agree and acknowledge that FINDzel is only an online platform that allows the Users to interact with each other for the purpose of listing their property on the Site and/or searching for appropriate options. The Users further understand and accept that:

1. The Users are ultimately responsible for choosing and/or interacting with other Users on the Site and FINDzel is only a facilitator that shall not be held responsible or liable for the selection and/or interaction of the Users with other Users on the Site.
2. FINDzel may provide the Users the profile previews of other Users who may be suitable to tender to the requirements of the Users based on information that the Users provide to FINDzel. Please note that FINDzel (i) does not recommend or endorse any other User i.e it does not endorse any house owners and tenants registered on the Site; and (ii) does not make any representations or warranties with respect to the other Users or the property listed by them. FINDzel shall not be liable, for any reason whatsoever, for any disputes amongst the Users and there is no liability on FINDzel for the consequences that the Users may be subjected to while dealing with other Users on the Site.
3. Information regarding all the Users and/or any third party whose services the Users avail through the Site as displayed on the Site is intended for general reference purposes only. Such information is mainly self-reported by the Users and/or the third party and may change from time to time or become out of date or inaccurate. The Users are encouraged to independently verify any such information the Users see on the Site with respect to the other Users or the property listed by them.
4. The Users understand and agree that any interactions and associated issues with the other Users and/or the third parties with whom the Users interact through the Site or the third party whose services the Users avail through the Site including but not limited to any service-related issues, any Prohibited Conduct issue, any fraudulent activity is strictly amongst the Users and/or the third party and the User shall not hold FINDzel responsible for any such interactions and associated issues. If the Users decide to engage with other Users, the Users do so at their own risk.
5. FINDzel cannot assure that all the transactions will be completed nor does FINDzel guarantee the ability or intent of the Users to fulfil their obligations under any transaction. FINDzel advises the Users to perform their own investigation prior to selecting and/or interacting with the other Users on the Site.

FINDzel shall endeavor to ensure that the Content on its Site is monitored to ensure that the same is not in contravention of Applicable Law and this Agreement. In this regard, the Users represent and warrant that they shall not do any of the following via the Site or otherwise in connection with the Service:

• attempt or help anyone else attempt to gain unauthorized access to the Site or FINDzel’s related systems or networks (including without limitation the impersonation of another User or use of a false identity or address to gain access to the Site);
• use the Site to violate the Intellectual Property Rights of any person (including without limitation posting pirated music or computer programs or links to such material on Site or on the User’s Profile);
• send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws;
• send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
• send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
• interfere with or disrupt the integrity or performance of the Service or the data contained therein;
• license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service in any way;
• modify or make derivative works based upon the Service or the Content of FINDzel;
• create internet “links” to the Site or “frame” or “mirror” any Content on any other server or wireless or internet-based device; or
• reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.

The Site may contain user generated content (“UGC”) which FINDzel does not pre-screen and which contains views that may be opinions of Users and also of experts. These views do not represent FINDzel’s views, opinions, beliefs, morals or values. FINDzel does not claim any ownership rights in the text, files, images including photos, videos, sounds, musical works or any UGC that the Users submit or publish on the Site. After posting any UGC on the Site, the Users continue to own the rights that the Users may have in that UGC, subject to the limited license set out here. FINDzel shall do its best to monitor, edit or remove such UGC where FINDzel considers it appropriate or necessary to do so. FINDzel does not promise that the content in or on the Site is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the Intellectual Property Rights of third parties.

The Users hereby expressly acknowledge and agree that FINDzel will not be liable for the User’s losses or damages (whether direct or indirect) caused by any activity undertaken by the User on the basis of any UGC.

1. FINDzel respects the Intellectual Property Rights of others and asks its Users to do the same. The User shall have the sole responsibility for the Intellectual Property ownership or right to use of any information that the Users submit via the Site and the Users may not use the Site to transmit or reproduce someone else’s Intellectual Property.

2. The User shall be held liable for acts including but not limited to those set out below herein, for any such infringement of FINDzel’s Intellectual Property Rights:

   • misrepresentation of User Information or Content as their own property.
3. The User shall not upload, post or otherwise make available on the Site, Intellectual Property without the express permission of the concerned owner and the User shall be solely liable for any damage resulting from any infringement of such Intellectual Property.
4. FINDzel reserves the right to initiate appropriate legal proceedings against any User or third party for an infringement of its Intellectual Property Rights, in accordance with Applicable Law.
5. The User further accepts and agrees that FINDzel shall have Intellectual Property Rights on all information and data provided or shared by the User on the Site.

1. FINDzel does not warrant in any manner whatsoever that the Site or any other software utilized by FINDzel for internal purposes, shall at all times remain free from any harmful components and operational hazards such as Computer Virus, worms, trojans and such related components that might be a threat to the information available with FINDzel.
2. FINDzel shall endeavor to keep the Site secured against any possible bugs, viruses or other technical problems in compliance with the best practices of this industry.
3. FINDzel shall not be held liable for any damage or injury caused due to performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, Computer Virus, link failure, site crash, malfunctioning or software/ hardware, unavailability of network, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise.

• The information and opinions available on the Site in relation to the Services are mere guidelines for the purposes of providing general information on the subject and the exchange of property and any other information through or on the Site is not an offer and/or recommendation from/ by FINDzel.
• The Content should not be regarded as legal, financial or real estate advice for the User. FINDzel advises the User to make independent enquiries and obtain professional advice before making legal, financial or real estate decisions. The measurements, prices and locations provided on the Site are approximate and no responsibility is taken by FINDzel for any error, omission or misunderstanding in construing those particulars.
• The Services are chosen and used at the User’s risk and discretion and FINDzel makes no representations or warranties, express or implied, to the User in relation to the Services or otherwise regarding this Agreement, including the implied warranties of merchantability and fitness for a particular purpose.
• The User understands and acknowledges that the User assumes certain risks prior to interacting with other Users/ persons/ Third Party Service Providers on and through the Site, and the User shall be solely responsible for such User’s personal assessment of specific requirements with regard to interaction with other Users/ persons/ Third-Party Service Providers.
• FINDzel expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content/ listing posted on the Site/ made available to FINDzel by any User or any third party or any deficiency in service that is caused to the User due to a Third-Party Service Provider.
• FINDzel does not warrant the Services or the results obtained from the use or that the Services will meet the User’s expectations or requirements or that the Site will be uninterrupted or free from any technical error.
• FINDzel is not responsible for the accuracy or reliability of any third-party reports, market information, studies and analysis made available on the Site and any external web links mentioned on the Site.
• FINDzel shall not be liable for any damages, expenses, costs or losses incurring from the User’s engagement in Prohibited Conduct and availing services of Third-Party Service Providers.
• FINDzel shall not be held liable or responsible for indemnifying, refunding or reimbursing any User for any loss, damages or expenses suffered or incurred by such User as a consequence of the suspension or deactivation of the User’s Account.
• FINDzel shall not be liable for any third party fees, costs, charges or expenses incurred by the User for accessing the Site or availing the Services. FINDzel shall not be liable in respect of any disputes or legal proceedings between the User and such third party for any reason whatsoever and any such disputes or proceedings shall be resolved outside the Site without any reference or recourse to FINDzel.
• FINDzel neither has access to, nor does the Agreement govern the use of cookies or other tracking technologies that may be placed by Third Party Service Providers on the Site. These parties may permit the User to opt out of tailored advertisement at any time, however, to the extent advertising technology is integrated into the Services, the User may still receive advertisements and related updates even if they choose to opt-out of tailored advertising. FINDzel assumes no responsibility or liability whatsoever for the User’s receipt or use of such tailored advertisements.
• FINDzel shall not be liable for the non-performance or defective or late performance of any of the Services or any of its obligations under this Agreement to such extent and for such period of time if such non-performance, defective performance or late performance is due to acts of God, war (declared or undeclared), civil insurrection or unrest, acts (including failure to act) of any Governmental Authority, riots, revolutions, fire, floods, strikes, lock-outs or industrial action.

1. Notwithstanding anything contained herein and in FINDzel’s Privacy Policy, the User authorizes FINDzel to share with its finance partners, any and all information that the User may provide in relation to the use of the Site for availing the products and/or service of FINDzel’s finance partners.

2. By clicking on the “Apply Now/Submit” tab:

   • The User agrees and authorizes FINDzel’s finance partners to contact the User and communicate with the User over emails, telephonic calls, or SMS on the mobile number mentioned on the Site, or through any other communication mode, to verify the details provided by the User on the Site or to verify the information provided by the User during registration on the Site.
   • The User confirms that the User would like to know through the above-mentioned communication modes, about the various offers and promotion schemes relating to various products/services offered by FINDzel’s finance partners/its group companies, from time to time.
   • The User further agrees and confirms that the laws in relation to the unsolicited communication referred to in the “National Do Not Call Registry” (the “NDNC Registry”) as laid down by the Telecom Regulatory Authority of India will not be applicable for such communication/calls/ SMS received from FINDzel’s finance partners, its group companies, employees, representatives and/or agents.
   • The User authorizes FINDzel’s finance partners to exchange and share all information and details, as provided by the User on the Site, with third parties, including but not limited to FINDzel’s finance partners’ group companies, service providers, financial institutions, credit bureaus, telecommunication companies, statutory bodies, etc., for customer verification, personalization of products or services, credit rating, data enrichment, marketing or promotion of services or related products of FINDzel’s finance partners or that of its associates and affiliates or for enforcement of the User’s obligations. In this regard, the User agrees that it shall not hold FINDzel’s finance partners (or any of its group companies or its/their employees/agents/representatives) liable for using/sharing of the information as stated above.
   • The User understands and agrees that pursuant to this application form, the User will be required to submit documents to the satisfaction of FINDzel’s finance partners and accept the loan terms and conditions as prescribed by FINDzel’s finance partners in relation to the products and/or service applied by the User.

“I, as a subscriber/ User of the services offered through the web portal FINDzel.ai, do herby expressly authorize FINDzel.ai and any of their business associates to call/ SMS my/our registered phone numbers (as provided by me / us to FINDzel.ai). I hereby expressly state that such authorization shall override the national Do-Not-Disturb Registry (‘DND’), even if the phone numbers in question are registered under DND list of national Consumer preference registry (NCPR/NDNC). I/we also undertake that I/We will not make any complaints to NDNC for any calls received from FINDzel.ai services/ products, and shall indemnify FINDzel.ai and any of its business associates for having engaged in any such practice. I realize, acknowledge and expressly authorize FINDzel.ai to make the initial communication (via Call / SMS / E-mail/WhatsApp) for the purposes of confirmation of my credentials provided by me. I hereby authorize FINDzel.ai and its business associates to continue contacting me via any of the modes of communication listed above, till such time as I expressly opt-out / unsubscribe from the service offered by FINDzel.ai. Till such time, FINDzel.ai and its business associates shall have all rights to continue communicating with me and I shall completely indemnify them against any liability that may arise as a result of such authorization to communicate. Such indemnification shall extend to court cases and suits and all lawyer / advocate fees, even if the dispute is never subjected to judicial scrutiny.”

FINDzel’s total aggregate liability under this Agreement and in relation to anything which FINDzel has done or not done in relation with this Agreement shall be limited to the fees paid by the User for availing the Services in relation to which such liability of FINDzel arises.

FINDzel and its officers, directors, employees and agents collectively at all times shall be held indemnified against any losses, costs, expenses, claims, suits and/or damages (including reasonable attorney fees) incurred and/or suffered by FINDzel, whether directly or indirectly, resulting from, an act or a failure to act, of any User, person or Third-Party Service Provider for any reason whatsoever and against any claims, suits and/or legal proceedings initiated by third parties inclusive of but not limited to the User’s:

• breach of any terms of this Agreement;
• third party claims arising from an infringement or alleged infringement of such third party’s Intellectual Property;
• claims made by any Government Authority due to the User’s violation of Applicable Law; or
• actual or alleged gross negligence or willful misconduct in connection with the User’s use of the Services or this Agreement.
• a fraudulent act committed by a User which results in loss or damage, suffered or incurred by any other User or by any third party.

• For the purposes of this Agreement and Services related thereto, it shall be deemed that the Users are aware about the rules and regulations in relation to the Real Estate Regulatory Authority (RERA) of the concerned state in India. FINDzel recommends that the Users periodically visit the concerned RERA website for updates and information in relation to any property listed on the Site, prior to finalizing any deal or transaction.
• FINDzel does not endorse or advertise any property listed on the Site and it shall not be held liable for listing any property on its Site where such property is in violation of the rules made under RERA of the concerned state. Further, it shall not be deemed by the Users that FINDzel has any connection or relation with the parties listing their properties on the Site.

Any User grievance relating to the discrepancies or misuse of information so provided to FINDzel may be addressed to the grievance officer, whose details are provided below appointed by FINDzel for this purpose.

The grievance officer shall address the grievance within one month of the date of receipt of such grievance from the User.

The LEAs can send us the legal requests/ notices to us on info@findzel.ai or james@findzel.ai for assistance required on user details. Additionally, in case if you have any query, you can also call us on our Customer Helpline Number — +91 9961072793, across all 7 days a week, between 10:00 AM to 7:00 PM. We will try to respond within 72 hours of receiving the request.

1. No failure or delay on the part of FINDzel in exercising any right or remedy shall operate as a waiver of such right or remedy.
2. In the event that any of the terms and conditions of the Agreement are declared as invalid or unenforceable by a court of competent jurisdiction, such enforceability or invalidity shall not render the other terms and conditions as invalid or unenforceable as a whole.
3. The invalid or unenforceable provision shall be construed to reasonably reflect the actual intention of the party (in this case, FINDzel) while drafting it.

• FINDzel shall change, update or modify this Agreement, in whole or in part, without any prior notice to the User, provided, however, that, a notification of such change, updation or modification will be made available on the Site.
• The User’s uninterrupted and continued usage of the Services and the Site shall be deemed as acknowledgment and acceptance of the changes, updates or modifications to the Agreement.

Any action, claim, dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination (Dispute) shall be governed by and construed in accordance with the laws of India and the courts in Ernakulam shall have exclusive jurisdiction over Disputes arising out of this Agreement. Notwithstanding anything contained herein, FINDzel shall not be restricted or withheld from instituting proceedings in courts/ tribunals of any jurisdiction other than Ernakulam that it may in its sole discretion deem appropriate and convenient.