Converj Global Private Limited (hereinafter referred to as “Converj”), a company incorporated under the provisions of the Companies Act, 2013, with its registered office at Level 8, Building 3, Prestige Technostar, Doddanakundi Industrial Area 2, Phase 1 Brookfield, Bangalore, Karnataka 560 048, is engaged in the business of facilitating business to business services including receivables financing through systems and technology (“Services”). Such Services are provided through our website – www.converj.com (“Website”).
This user agreement (“Agreement”) is an agreement between visitors, users and others who access the Services and the Website ( “you” or “your” or “User” as the context requires) and Converj ("we", “us” or "our" as the context requires) governing your use of our Services through the characteristics and features as described on the Website. By accessing the Website, at your option and thereafter using the Services, you agree to be bound by the terms of this Agreement (“Terms of Use”). This Agreement governs your access and use of this Website and applies to all subscribers, visitors, users and others who access the Services. If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website. Converj will not be liable for any consequences arising from your unauthorized use. We may revise these Terms of Use or Agreement at any time by amending this page and the terms hereof. The revised Terms of Use and/or Agreement shall be posted on the Website, and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website. All changes are effective as soon as we post them and by continuing to access the Website and/or avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of the Website is subject to the most current version of the Terms of Use posted on the Website at the time of such use.
1.1
You represent and warrant that you are competent and eligible to enter into a legally binding agreement, be bound by these Terms of Use and access the Services and use the Website. You shall not access and use the Website if you are not competent to contract under the applicable laws, rules and regulations.
1.2
We maintain the right to provide services to only those Users who are: (i) competent to enter into legally binding contracts; (ii) have made the representations as provided above, (iii) and also qualify under the internal policy(ies) for the same determined solely by us from time to time. We shall have the sole right to change, modify, add or remove, in whole or in part, its internal policy(ies), in relation to the provision of the Website’s services at any time without any prior written notice or intimation to the Users. Further, we shall have the right to not entertain any requests in relation to the same, from the users towards such services without assigning any reason.
1.3
In connection with certain Services, you may be required to complete a two step authentication process for which you shall be required to submit information, including but not limited to your phone number, which shall be collected by us in accordance with our Privacy Policy.
1.4
We shall have the right to not process a transaction through the Website, if Converj in its sole discretion determines that such transaction undertaken by a User is not authorized by such User or that the transaction is not genuine or suspicious.
1.5
We will not be liable if, for any reason our Website or the Services (or any features within the Services) are unavailable at any time or for any period.
1.6
If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Website and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as Converj may require in connection therewith.
1.7
You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to be entitled to use the Services. We may require you to change the email address provided by you, if necessary, in connection with the Services availed. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website you expressly consent to such sharing of the information provided by you.
1.8
We have the right to restrict your access to the Services if in our opinion you have failed to comply with any of the provisions of this Agreement, at any time without according any reasons for doing so. You will immediately notify Converj of any unauthorized use of the Services on your behalf, by sending details of such unauthorized use to: info@converj.com
1.9
Converj reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
2.1
The fees applicable for availing the Services shall be communicated by Converj to you at the time of availing Services and may be updated from time to time.
2.2
The fees are exclusive of any and all applicable taxes, which shall be borne by you at actuals.
3.1
Converj makes no representations about the suitability, reliability, availability, of the Services contained on the Website for any purpose.
3.2
Through the Website, Converj assists Users to gain access to certain credit schemes from its banking and financial partners.
3.3
The Website provides, inter alia, the following facilities to its visitors:
3.3.1
General information about products of Converj;
3.3.2
Credit facilities through Converj’s banking and financial partners; and
3.3.3
MIS and Analytics on business carried out on Converj.
3.4
Your usage of the Website will necessitate you to provide to us certain personal and financial information, which shall be collected and maintained as per the terms laid down in our Privacy Policy available at www.converj.com.
3.5
We shall not mediate or attempt to get involved in and resolve any disputes or disagreements inter se between you and third party/ies.
4.1
We may employ third-party service providers and individuals due for the following purposes:
4.1.1
For obtaining and assessing KYC;
4.1.2
Payment processing and
4.1.3
For obtaining market research data.
4.2
You acknowledge that the third-party service provider/agent/agencies will have access to your information on a need basis to assist us in rendering service, and the service providers are restricted from using the same for any other reason. The third-party service providers are obligated not to disclose or use the information for any other purpose.
5.1
You are responsible for making all arrangements necessary for you to have access to our Website and thereby use the Services. You are also responsible for ensuring that any persons who access our Website and thereby the Services through your account are made aware of these terms, and that they comply with them. You are also solely responsible and liable to Converj for all activities that take place or occur on the Website. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account due to such factors.
5.2
If you know or have any reason to believe that the Website is being used on your behalf in an unauthorized manner, you should inform us immediately.
5.3
n the course of providing the Service to you, you may receive phone calls, SMS or email or Whatsapp messages from Converj or our representatives on your registered mobile number and/or email address. These messages will relate to the Services. You hereby consent to receive such calls or messages from Converj or our representatives. Such calls or messages shall only be made to the registered mobile number or email address or WhatsApp number. It is your responsibility to ensure that you provide the correct number and email address for the Services you wish to avail.
5.4
You agree that Converj may record, save and store all instant messaging chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences between you and Converj for record purposes and produce these as evidence if required before or directed by a court of law.
5.5
You are not permitted to and shall not do any of the following acts, each of which shall entitle Converj to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:
5.5.1
Attempt to decompile, reverse engineer or otherwise disassemble any Service or part of the Website;
5.5.2
Attempt to copy any software provided to you as part of the Services or the Website, and in particular its source code, or attempt to decrypt any part of such software that is provided to you;
5.5.3
Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;
5.5.4
Remove from the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
5.5.5
Access or use the Website in any manner that could damage, disable, overburden, or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted, or the cloud software on which the Website’s data is stored;
5.5.6
Access or attempt to access any content that you are not authorized to access by any means;
5.5.7
Access the Website through any other means other than through the interface that is provided by us;
5.5.8
Alter or modify or attempt to alter or modify any part of the Services; and
5.5.9
Disrupt or interfere with the security of, or otherwise cause harm to the Website, materials, system resources or gain unauthorized access to the servers or networks connected to or accessible through the Website or any affiliated linked sites.
6.1
A “Refund” shall mean processing of the User’s request to Converj, for returning the Transaction Amount (or part thereof) to the Payment Instrument which was used for effecting the payment of the Transaction Amount.
6.2
If a User claims a refund, before the payment is settled to the Beneficiary, Converj shall on authorized request for refund, roll back the transaction to the User after deducting the relevant charges
6.3
In case the User claims a refund after the payment is settled to the Beneficiary, the User expressly agrees that such transactions cannot be rolled back and hence covenants to resolve this transaction with the Beneficiary offline and inform Converj on such resolution. Neither Acquiring Bank nor Converj shall be liable to the User or the Beneficiary for any such refund in this instance.
6.4
All refunds shall be made to the original source of payment unless specifically agreed by the User and its Banking Partner and the Acquiring Bank to credit to an alternate mode.
7.1
You hereby represent, warrants and covenants that:
7.1.1
You shall use and avail of the Services only for the purpose of his/her personal use and in doing so, shall not violate any applicable laws and regulations or the terms of this Agreement and Privacy Policy; and
7.1.2
You shall observe and adhere to prevalent moral standards, ethics and follow Converj’s standard practices to ensure safety, while availing of the Services.
8.1
You agree to defend, indemnify and hold harmless Converj, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service and Website; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation, any copyright or intellectual property rights. This defense and indemnification obligation will survive this Agreement and your use of the Service and Website.
8.2
In no event shall either party hereto be liable to the other for any indirect, consequential or incidental losses or claims, arising out of or in connection with the provision/availing of the Services under these Terms of Use, even if advised of the possibility of the same.
8.3
Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of using the Services.
9.1
The Services are provided by Converj on an “as is” basis, without any representations or warranties of any kind, express or implied, including without limitation the warranties of the merchantability, fitness for a particular purpose, reliability, availability, timeliness, security or accuracy of the data, information, schemes or databases provided by way of the Website, for any purpose whatsoever. No oral or written information or advice given by either Website or its authorized representatives shall create a warranty nor in any way increase the scope of this warranty. your information for improper purposes. You acknowledge that you provide your information at your own risk.
10.1
All of the content on the Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames, constitute our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Website and its content.
10.2
You may access the Website, avail of the features and facilities for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website and its content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular portion of the Website, you could contact us in the manner provided for herein.
10.3
Converj and its licensors, if any, are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature on the Website.
11.1
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of others or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
11.2
By breaching this clause, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments thereto). We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
11.3
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Website linked to it.
12.1
We have implemented commercially reasonable technical and organizational measures designed to secure your information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You acknowledge that you provide your information at your own risk.
13.1
These Terms of Use shall be valid with respect to each individual from the date of accessing the Website.
13.2
Upon expiry or earlier termination of the Services, for any reason, you shall: (i) immediately cease to have access to the Services; and (ii) pay all outstanding fees and other amounts due, if any.
13.3
Expiry or earlier termination of Services shall not prejudice any rights of Converj or any User that may have accrued prior thereto. Any provision of these Terms of Use, which by its nature is meant to survive the expiry or earlier termination of Services (including but not limited to, provisions pertaining to the protection of confidential information) shall continue to be binding upon all users or Converj as applicable.
14.1
CONFIDENTIALITY: Any proprietary or non-public information of Converj, whether written, oral or visual, disclosed to or which comes into your possession or knowledge in connection with these Terms of Use, shall be treated as confidential and not be disclosed to others, without prior written permission of Converj.
14.2
ELECTRONIC RECORD. This Agreement is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. This Terms of Use is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Agreement for access or usage of the Website.
14.3
FORCE MAJEURE. Converj shall be not liable for any failure or delay in providing its services under these Terms of Use, if it is due to force majeure events that are beyond the reasonable control of a party, including but not limited to the acts of god, uncontrollable technical glitches, ransomware, cyber terrorism, internet disconnection by governmental authority, cyber-attack, strikes, acts of terrorism, burglary, hijacking, robbery, epidemic, pandemic, riots, political disturbances, invasion, fire, floods, tsunami or events beyond its reasonable control.
14.4
ASSIGNMENT. Usage of the Website is for your limited personal purpose and is not transferable or assignable. However, Converj reserves its rights to assign or transfer or subcontract its obligations or rights to its successors, affiliates, associates or any entity through contractual understanding or by operation of law or acquiring all or substantially all the assets of Converj.
14.5
NOTICE. Any notice in connection with these Terms of Use must be in writing and sent via registered post to the address first mentioned hereinabove or by e-mail to info@converj.com
14.6
INDEPENDENT CONTRACTOR. These Terms of Use are on a principal to principal basis and nothing herein contained shall be construed or interpreted as constituting a user hereto the agent, employee or representative of Website, under any circumstance.
14.7
WAIVER. Either party’s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of any such rights unless given in writing.
14.8
SEVERABILITY. If any terms contained in these Terms of Use are held to be invalid or unenforceable, the validity of the remaining provisions shall not be affected and the remainder of Terms of Use shall continue to be valid and binding on the parties.
14.9
GOVERNING LAW & JURISDICTION. The Terms of Use shall be governed by and construed in accordance with the laws of India and the courts at Bengaluru shall have exclusive jurisdiction to try any dispute arising hereunder.
14.10
ENTIRE AGREEMENT. These Terms of Use constitute the entire agreement between the parties, with respect to the subject matter hereof and supersede all prior proposals, contemporaneous communications and understandings, written or oral, relating to its subject matter.