Fingpay Employer Terms and Conditions

Tapits Technologies Private Limited (“Company” or “We” or “Us” or “Our”), having its office at 20 Dhenu Market, Indore – 452003, Madhya Pradesh, India owns and operates a web/mobile application “Fingpay Neo” for attendance and payroll management, available as android based applications (“App”) and the website: https://neobank.tapits.in// and/or https://fingpayneo.tapits.in (“Website”). The App and Website shall hereinafter together be referred to as the “Site”.

Employer (hereinafter collectively referred to as “User(s)”/ “You”/ “Your”) may be accessing our Site from a computer or mobile phone device (through an Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access.

By using the Site, you confirm that you accept these Terms of Use and that you agree to abide by them. Your use of the services and features of the Site shall be governed by these Terms and Conditions (hereinafter "Terms of Use") along with the Privacy Policy, as modified and amended from time to time.

By merely accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Privacy Policies, whether you have read the same or not.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site. You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material.

1. REGISTRATION OF USERS

2. SUBSCRIPTION OF SERVICES

3. VIRTUAL ACCOUNT

4. REFUND POLICY

5. DESCRIPTION OF SERVICES OFFERED

We provide a solution for employee(s) payroll and attendance management for businesses. By using Our Site, users can avail staff payroll processing services, manage staff attendance, and attendance reports.
We will be providing a web portal to view the attendance of the user’s onboarded employee(s), create a salary structure for them and calculate the salary based on attendance and allotted salary structure to any employee. User will also be provided with a virtual account from where he/she can disburse the salary and pay the subscription fees to onboard the employee(s). User’s employee(s) will be provided with an android application using which they can mark the attendance.

6. RESPONSIBILITIES

7. IMPERSONATION AND UNAUTHORISED DEALINGS PROHIBITED

The Site does not tolerate any illegal and unauthorized activities on or against the Site by either Users or any unrelated third parties. All Users are absolutely prohibited from impersonating another person/User or deal in any other manner that is prohibited by the Laws of India and other Jurisdictions. If We have reasonable grounds to believe that a User has indulged in any prohibited activities or has committed any Crime or Cyber Crime, Fingpay may in its sole discretion, but without any legal obligation to do so, initiate appropriate legal proceedings against the offender as well as notify the same to any regulatory or law enforcement agency of India or Foreign Jurisdiction. Fingpay may also suspend or terminate User’s account and other privileges for the use of the Site.

8. CRIME AND CYBER CRIME REPORTING BY USERS

In case of any Cyber Crime and Cyber Contravention involving their accounts, Users alone are responsible to investigate, prosecute and file necessary legal actions and proceedings against the Cyber Criminals and other Offenders and Fingpay shall in no case be responsible to share the financial and investigation burdens of the User. We will, however, endeavor to support Users in investigating such instances of Cyber Crime, if any, to the best of its ability.

9. USERNAME

After successful registration on the Site, a username (“ID”) will be generated for the use of the Site by You, which You must keep confidential. You shall be solely responsible for preventing any unauthorised use of Your ID and notify Us in case any theft or unauthorized use of the ID takes place. We reserve the right to suspend and/ or block Your ID if the same is used in contravention of these Terms of Use. We are not responsible for changing / migrating the data from one User account to other.

10. USE OF SITE

The Site allows the registered users to create, edit and submit necessary information including creating User profile, posting details pertaining to the employee(s). We do not seek to monitor or control the submission of information. However, We do reserve the right to delete, move and edit any material submitted where We consider it necessary to do so. You agree to comply with all applicable laws and regulations when using the Site and are solely responsible for all the information You submit for inclusion or transmission. You must not post or transmit any material that (i) is fraudulent, dishonest or misleading; (ii) is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any law; (iii) encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice; (iv) infringes the copyright or other rights of any third party; (v) is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data). You grant Us a royalty-free, non-exclusive license to use, reproduce, modify, translate, make available and distribute the material for the purpose of operating the Site.

11. ALERTS/NOTIFICATIONS

12. GENERAL TERMS AND CONDITIONS

13. MODIFICATIONS TO THE SITE

14. TERMINATION OF SERVICES

We may suspend or cancel Your registration and/ or terminate Your access to the Site if You are in breach of these Terms of Use or have made any improper use of the Site. The suspension, cancellation or termination of Your registration and Your right to use the Site shall not affect either party’s statutory right or liabilities.

15. INTELLECTUAL PROPERTY RIGHTS

16. CONFIDENTIALITY

17. PRIVACY

Our Privacy Policy explains how We collect, process, use and disclose registration information and other Personal Information about you. For the definition of Personal Information and full details, please see our Privacy Policy.

18. DISCLAIMERS

19. INDEMNITY

20. LIMITATION OF LIABILITY

In no event, Fingpay or its contractors, agents, licensors, partners or suppliers will be liable to You for direct, indirect, ancillary, special, incidental, consequential, punitive, reliance or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of money, loss of or damage to property, loss of anticipated profits or any other pecuniary or non-pecuniary loss , goodwill, use, data, other intangible, or damage of any nature whatsoever loss (even if Fingpay has been advised of the possibility of such damages), arising out of or relating to: (i) this Agreement or any other policies of the Website; (ii) the Services, the Website or any reference site/app/Site/service; or (iii) Your use or inability to use the Services, the Website(including any and all materials) or any reference sites/app/Site/service, even if we or our authorized representative has been advised of the possibility of such damages or (iv) any other interactions with Fingpay.

21. FORCE MAJEURE

In the event that the performance of any of Our obligations pursuant to these Terms of Use is prevented, hindered or delayed by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, war or other violence, or service interruptions caused by the hosting service, failure or any act by or nature of telecommunications carrier, of the internet backbone, of any internet servers, or any applicable law, order proclamation, interruptions in supply of electricity regulation, ordinance, demand or requirement of any governmental or regulatory authority and such non-performance, hindrance or delay could not have been prevented by reasonable foresight or precautions (including proper planning and execution of the disaster recovery or business continuity plan) or circumvented through the use of alternate sources, work-around plans or other means or any applicable law, order proclamation, regulation, ordinance, demand or requirement of any governmental or regulatory authority (collectively “Force Majeure Event”), then We will be excused for such non-performance, hindrance or delay, as applicable, from Our obligations hereunder, to the extent that they are affected by the Force Majeure Event.

22. Complaint procedure

You can reach us at info@tapits.in or contact at our customer helpline in case of any query and/or complaints. If in case it is not resolved or you are not satisfied, then please escalate to our Nodal officer whose details are available at our website https://www.fingpay.co.in/

23. NOTICES

All notices shall be sent to Us/ You via email or at the postal address provided herein below:
Tapits Technologies Private Limited
20 Dhenu Market,
Indore, Madhya Pradesh 452003.
info@tapits.in, accounts@tapits.in

24. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of India. The parties subject themselves to the exclusive jurisdiction of the courts at Indore, India.

25. DISPUTE RESOLUTION

Any dispute in respect of all or any of the provisions of these Terms of Use shall be resolved amicably within 15 (fifteen) days of notifying the same to the other party and in the event neither party reaches an agreement, the dispute should be resolved by Arbitration which shall be referred to a Sole Arbitrator in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be Indore, India and the language used shall be English

26. ENTIRE AGREEMENT

The Terms of Use and the Privacy Policy represent the entire agreement between You and Us in relation to the use of Our Site and shall supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing. Further, You acknowledge and agree that, You have not relied on any representation, undertaking, promise or implied any warranty, whether conveyed orally or in writing, except as expressly stated herein.

27. CHANGE IN TERMS OF USE.

We reserve the right to change these Terms of Use at any time. You are expected to check and get acquainted with these Terms of Use from time to time.

28. WAIVER

No delay in enforcing any provision of the Terms of Use will be construed to be a waiver of any rights under that provision by Us.

29. ASSIGNMENT

You shall not assign any of Your rights or obligations under these Terms of Use without Our prior written consent.

30. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.

I hereby agree to these Terms of Use.
These Terms of Use have been last updated on February 28,2023.

Tapits Technologies Pvt. Ltd.

Mumbai | Hyderabad | Indore

Registered Office:
20 Dhenu Market, INDORE 452003, (M.P.)

Email: info@tapits.in

CIN: U72900MP2016PTC040639

Social Media:

Grievance Nodal Officer

Mr. Rahul Sisodiya

Phone No. +91 9770904283
Email: Nodalofficer@tapits.in

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