User Agreement

FOLLOWING ARE THE TERMS TO OUR SERVICES.

This Agreement specifies the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.firmway.in

This Agreement is effective starting 01^st April, 2017.

By acceptance of the terms and conditions of this Agreement through creating a new account and digitally / manually signing the self-declaration for the “Yes, I have read and accept the User Agreement.”, you agree to be bound by this Agreement and that your use of other Firmway Services Private Limited websites will be governed by the terms and conditions posted on those websites.

You shall not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement.

If you have any questions, please email us at [email protected]

You must read, agree with and accept all of the terms and conditions of this User Agreement and the Privacy policy document, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Firmway Services Private Limited. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a user of our services.

We may amend this Agreement at any time by posting the amended terms on our site.

1. Membership Eligibility. Our services are available only to those individuals who can form legally binding contracts under applicable law. If you are a minor, you cannot use this service. If you do not qualify, please do not use our services. Further, your account and User Id cannot be transferred or sold to any other party. If you are registering as a business entity, you represent that you have the requisite authority to bind the entity into this Agreement.
2. Fees and Services. Joining our service is free. There is a charge for requesting and receiving confirmations. Our fee policy is available in Annexure B. We may change our Fees for our services from time to time. Our changes to the fees are effective after we provide you with at least 30 days’ notice of the changes by posting the changes in this Agreement. We may in our sole discretion change some or all of our services at any time. In the event, we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Indian Rupees (INR). You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
3. Firmway is a Venue.

3.1 Firmway is not a bank or a law firm or a confirming business entity nor are we an authorized bank or law firm representative and/or the authorized representative of the business entity. Instead, our site acts as a venue to allow users to request, receive, and buy confirmations at any time, from anywhere. We are not involved in the actual transaction between users of and providers (banks, law firms and business entities) of the confirmation information. As a result, we have no control over the quality, accuracy, timeliness or legality of the requests and the responses, or the truth or accuracy of the requests and responses. We also cannot ensure that a provider (bank or law firm or confirming business entity) will actually complete a transaction. You understand that any inaccuracy or incompleteness of the information may have an adverse/material impact on the purpose for which it is being used. Hence, we shall not be liable for any liability arising out of the use of any such Information.

3.2 Identity Verification. We use many techniques to identify our users when they register on our site. We have established a user-initiated communication system wherein user fill in the user details, unique identity details, and other personal information, etc (such details and information shall be kept confidential by us) which are verified by us through various regulatory databases or are verified by professionals such as CA/CWA. These set of verified users adds authorized users to the portal who are responsible for the confirmation process. This will help you evaluate with whom you are dealing. However, because user verification on the Internet is difficult, we cannot and do not confirm each user’s purported identity. We encourage you to communicate directly with individual parties through the tools available on our site by selecting the entity to be involved from the drop down. Also, you have the option to appoint the authorized person on your behalf to upload and verify documents and authorize the audit or business partner. By doing so you completely assume responsibility for the act of person authorized by you to verify the information and/or upload any document.

3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release us (including our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3.4 Information Control. We do not control the information provided by other users that are made available through our system. You may find other user’s information to be inaccurate. Please use caution, common sense, and safe practices when using our site.

3.5 Customer Support. Monday thru Friday between the hours of 10:00 A.M. and 7:00 P.M. Indian Standard Time, customer support shall be available free of charge by telephone or by email at one or more phone numbers or email addresses to be specified on our website located at www.firmway.in

3.6 Confirmations: You agree and understand the Confirmation to be sent shall be final. However, if the confirmation is not responded by the party intended to respond, such confirmations can be revoked and resent, but if the confirmation is responded and you notice that there are errors, inaccuracy you may resend the confirmation request.

4. Non-registered Confirmations: The non-registered confirmation service requires the requestor to enter the contact information for the responder and the responder’s company. Because you as the requestor determine who and at which entity a non-registered confirmation is directed, and therefore which entity and who at that entity is the responder, you agree to accept full and sole responsibility for the verification and validation of the identity of the individual responder and the company they claim to represent. You understand that Firmway has not and will not validate the identity of the responder or the company they claim to represent. You release and hold harmless Firmway from any and all claims related to the responder’s identity and/or the identity of the company the responder claims to represent if you request confirmations through using the non-registered confirmation service.
5. Fraud. Without limiting any other remedies, we may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
6. Your Information.

6.1 Definition. “Your Information” is defined as any information you provide to us or other users in the registration or confirmation process, in any message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Hence, we shall not be liable for any liability arising out of the use of any such information.

6.2 Restricted Activities. Your Information (or any items listed) and your activities on the site shall not:

(a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection or antidiscrimination); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may not authorize or request any confirmation on the site (or consummate any transaction that was initiated using our service) that, by authorizing or paying to us the usage fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.

6.3 License. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with our Privacy Statement.

7. Ownership of Intellectual Property. We shall have and retain all rights, title, and interest in all Intellectual Property relating to the Service or arising out of the relationship described in this Agreement. “Intellectual Property” means all ideas, discoveries, inventions, developments, designs, improvements, trademarks, service marks, trade secrets, proprietary information, programs, source code, object code, applications for patents, patents, copyrights (for the duration thereof, including renewals, extensions, and reversions thereof), copyrightable works, and the goodwill associated therewith, including enhancements, improvements, and derivative works, either presently existing or hereinafter arising. You hereby assign and transfer to us any and all rights in any such Intellectual Property, either presently existing or hereinafter arising, and agree to take such actions (at our’s expense) as we may reasonably request to secure such rights for us. While a registered user of our service, and for a period of three (3) years from the date of the last login, you agree not to offer services or assist others in offering services that would compete in any way with the services offered by us.
8. Access and Interference. You agree that you will not use any robot, spider, other automatic devices, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our security features or to interfere or attempt to interfere with the proper working of the Firmway site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without our prior expressed written permission or the appropriate third party.
9. Breach. Without limiting other remedies, we may immediately remove you, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
10. Electronic Communications; Identifiers and Passwords; Binding Effect. You will receive and transmit information to us over the Internet using SSL technology and 2048-bit encryption. If you believe that your identification code and password have been lost, stolen or compromised in any respect, please notify us immediately at [email protected]. Communications using the identification code and password received after we have had an opportunity to respond to your notice will not be valid or effective.

11. Privacy. We do not sell or rent your personal information, data to any third parties and we only use your information for the purpose of confirmation and as described in the Privacy Statement. We view protection of users’ privacy as a very important community principle. We understand clearly that you and your information are one of our most important assets. We store and process your information located on the cloud server Amazon Web Services (AWS) that are protected by physical as well as technological security devices.

All Customer Financial information residing within firmway.in’s secure processing controls will be maintained and stored according to our stated security and privacy policies. Firmway takes no responsibility for Customer Financial information once this data is no longer within Firmway’s control (e.g. data downloaded by the user, or mailed confirmations).

Our current Privacy Statement is attached herewith. If you object to your Information being transferred or used in this way please do not use our services.

12. Confidentiality. Confidential Information shall include all information relating to user’s data, information or other information furnished, disclosed or transmitted; whether in oral, written or other form by User to the Firmway. We agree that we will hold in strict confidence all confidential information obtained during the course of our assignment and will not disclose such information to a third party without the express written permission of the User, except if required by law. Notwithstanding the termination of this Agreement for any reason whatsoever, all Confidential Information shall continue to be subject to the terms of this Agreement.
13. Client Authentication. Identified users have the option to appoint the authorized person on their behalf to authorize the audit or business partner. By doing so, you completely assume responsibility for the act of person authorized by you to authorize the audit or business partner on Firmway.
14. Authorization. Users can provide authorization to partner audit or business entity on Firmway for the particular branches or entity as a whole for a period they want to. Typically this permission is in the form of a client engagement letter. The User warrants that the release of the partner’s information will not result in a breach of any applicable data privacy legislation. 14. Audit Rights. We may, from time to time, conduct various audits of User’s practices and procedures to determine User’s compliance with this Agreement. The user will reasonably cooperate in all those audits. We may conduct on-site and/or off-site audits of User’s facilities as we determine during normal business hours, and upon reasonable notice.
15. No Warranty. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE PROVIDER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR ANY CONTENT THEREIN.
16. Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE USER SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRECEDING THE FIRST DATE ON WHICH SUCH LIABILITY AROSE.

16. Indemnity. User shall indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees and the financial institutions harmless from any and all third-party claims, losses and damages, liability, and costs, including attorney’s fees, against, or incurred by, us to the extent such claims, damages, liability and costs result directly or indirectly from: (a) User’s negligence or intentional conduct; and/or (b) User’s breach of its obligations under this Agreement including, but not limited to, any breach which results in the unauthorized and/or non-permissible use of information obtained via Firmway service or any other such service under this Agreement.
17. Data Usage. Firmway shall connect with all the users of its system including responders to the confirmation for resolving their queries, providing them necessary training, taking a feedback and making them familiar with its products. However, in no case such information would be shared with any third party apart from providing necessary data for providing uninterrupted services to the Clients.
18. Legal Compliance. User represents and warrants that it has read, understands and shall comply with all applicable Indian laws, regulations and judicial actions, including without limitation, all amendments thereto, and all other applicable federal or state legislation, regulations and judicial actions, as now or as may become effective.
19. No Agency. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to Firmway Services Private Limited, Jai Hind Estate, Bldg No 1, Shop No 18, Dr AM Road, Bhuleshwar, Mumbai 400004 (in the case of Firmway) or to the email address as mentioned in MCA database or to the email address you provide to Firmway during the registration process (in your case). The notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the registered address in MCA database or provided to Firmway during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
21. Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, shall be settled by sole arbitrator appointed by us, as per the Indian Arbitration and Conciliation Act 1996. The arbitration shall be held at Mumbai, in English language only. The award passed by the arbitrator shall be final and binding on both of us.
22. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:

Privacy Statement (Attached herewith)  

Each of these policies may be changed from time to time and are effective immediately after we post the changes on our site, except for the Privacy Statement for which we will provide you with thirty days prior notice. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

22. General. This Agreement shall be governed in all respects by the laws of the India only.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. English is the official language used for content on the Firmway.in website. Any person or entity that relies on information obtained from the system does so at his or her own risk. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 6.3 (License), 8 (Access and Interference), 15 (Liability Limit), 16 (Indemnity) and 20 (Arbitration) shall survive any termination or expiration of this Agreement.

23. Disclosures. The services hereunder are offered by us located at Firmway Services Private Limited, Jai Hind Estate, Bldg No 1, Shop No 18, Dr AM Road, Bhuleshwar, Mumbai 400004. Fees for our services are described above in Section 2 (Fees and Services).
24. Disputes. Disputes between you and Firmway regarding our services may be reported to Customer Support by mailing us at Firmway Services Private Limited, Jai Hind Estate, Bldg No 1, Shop No 18, Dr AM Road, Bhuleshwar, Mumbai 400004.
25. Your Acceptance of this User Agreement. You evidence your acceptance of this User Agreement by acceptance of the terms and conditions of this Agreement through creating a new account and digitally / manually signing the self-declaration for the “Yes, I have read and accept the User Agreement.”, you agree to be bound by this Agreement and that your use of other Firmway Services Private Limited websites will be governed by the terms and conditions posted on those websites.

By acceptance of the terms and conditions of this Agreement and by creating a new account, you agree to be bound by this Agreement. Such acceptance shall have the same legal effect as your written signature set forth in a written document containing the terms and conditions of this User Agreement.

ANNEX A

DATA PROCESSING PRINCIPLES

1. Purpose limitation: Personal data may be processed and subsequently used or further communicated only for purposes of confirmation, verification or as described in the User agreement.
2. Data quality and proportionality: Personal data must be accurate and, where necessary, kept up to date. The personal data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.
3. Transparency: Data subjects must be provided with information necessary to ensure fair processing (such as information about the purposes of processing and about the transfer) unless such information has already been given by the data exporter.
4. Security and confidentiality: Technical and organizational security measures must be taken by the data controller that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, presented by the processing. Any person acting under the authority of the data controller, including a processor, must not process the data except on instructions from the data controller.
5. Rights of access, rectification, deletion, and objection: Data subjects must, whether directly or via a third party, be provided with the personal information about them that an organization holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature. Provided that the User, authority has given its prior approval. The sources of the personal data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the individual would be violated. Data subjects must be able to have the personal information about them rectified, amended, or deleted where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, the organisation may require further justifications before proceeding to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to third parties to whom the data have been disclosed need not be made when this involves a disproportionate effort. A data subject must also be able to object to the processing of the personal data relating to him if there are compelling legitimate grounds relating to his particular situation. The burden of proof for any refusal rests on the User providing data, information, details or data importer, and the data subject may always challenge a refusal before the authority.
6. Sensitive data: The User, data importer shall take such additional measures (e.g. relating to security) as are necessary to protect such sensitive data in accordance with its obligations.
7. Data used for marketing purposes: Where data are processed for the purposes of direct marketing, effective procedures should exist allowing the data subject at any time to “opt-out” from having his data used for such purposes.

PRIVACY POLICY

By using this site, you agree to comply with it.

WARRANTIES

Although care has been taken to ensure the accuracy of the information on the website, INFORMATION ON THE SITE IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. WITHOUT ANY REPRESENTATION OR WARRANTY AND IN NO EVENT SHALL FIRMWAY BE LIABLE IN CONNECTION WITH THE USE OF THE INFORMATION MADE AVAILABLE, UNLESS SPECIFICALLY STATED OTHERWISE. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

Firmway does not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through any area of its website. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in any area of our site.

Firmway does not warrant that the websites or the servers which make Firmway available are free from viruses or any other harmful elements.

Firmway reserves the right to make changes and/or updates with respect to the information contained on the website at any time without notice.

In case of any conflict between the terms of this Assignment and the terms of the other Agreements, the terms of this Agreement shall prevail.

DATA PROTECTION

The information provided on the Firmway shall not be used, copied or distributed in any form, without Firmway’s prior written approval. You are hereby allowed to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials from the website, reverse engineer or break into the website. Your use of this website is at the discretion of Firmway and Firmway may terminate your use to this website at any time.

All contents included on this site is and shall continue to be the sole property of Firmway or its content suppliers and is protected under applicable laws of copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the site is prohibited without express permission by us. Under no circumstances, you will acquire any ownership rights or other interest in any content by or through your use of this site. This site and its content is a copyrighted material of Firmway. Other product and company names mentioned on this Site are trademarks of their respective owners.

You shall hold harmless, defend and indemnify Firmway from and  against (i) all loss, damage, harm or injury suffered or incurred by Firmway and (ii) all notices, claims, demands, action, suits or proceedings given, made or initiated against Firmway on account of or arising out of your participation or use of this site.

COOKIES

Firmway use cookies to store visitor preferences, record session information record user-specific information on what pages users access or visit, alert visitors to new areas that Firmway think might be of interest to them when they return to Firmway’s website, record past activity at a website in order to provide better service when visitors return to website, ensure that visitors are not repeatedly sent the same banner ads, and to customize web page content based on visitors’ browser type or other information that the visitor sends.

Most browsers are set up to accept cookies, but you can change your settings to have your browser notify you when you receive a new cookie or you can change your settings to refuse to accept cookies.

PERSONAL DATA

By using Firmway’s website, you consent to the collection and use of your personal information as described in this Privacy Policy.

CHILDREN

This website does not provide services or sell products to children under the age of 18. If Firmway discovers that Firmway has received any information from a child under the age of 18 in violation of this policy, Firmway will delete that information immediately. If you believe Firmway has received any information from or about anyone under the age of 18, please contact Firmway immediately.

SEVERABILITY

If any provision of this document shall be deemed by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this document will otherwise remain in full force and effect.

FURTHER QUESTIONS/INFORMATION

If you have any questions or information regarding this policy, you may contact us via the means provided on this site.

These terms and conditions shall be governed by and construed in accordance with the laws of India and any dispute shall be referred to [email protected].