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FIDELAX
TERMS OF AGREEMENT FOR ACCOUNT CREATION AND USE
1. Acceptance of Terms
By creating an account with Fidelax, accessing the platform, or using any Fidelax service, you confirm that you have read, understood, and agreed to these Terms of Agreement, the Fidelax Privacy Policy, and other applicable policies published on the platform. If you do not agree with these terms, you should not create an account or use Fidelax services.
2. Account Registration and Information
You agree to provide true, accurate, complete, and up-to-date information when creating and using your Fidelax account. Fidelax may request additional information or documents when necessary for verification, service delivery, registrations, licenses, certificates, payments, compliance, or other legitimate purposes.
3. Account Credentials and User Responsibility
You are responsible for maintaining the confidentiality of your login credentials and for activities carried out through your account. You must not share your credentials with unauthorized persons, impersonate another individual or organization, or create an account using false or misleading information.
4. Collection and Use of Information
By registering with Fidelax, you authorize Fidelax to collect, store, process, and use information provided by you for account management, identity verification, service delivery, customer support, payment processing, registrations, certificates, licenses, compliance services, security, fraud prevention, analytics, service improvement, administration, and legal or regulatory compliance.
5. Technical and Usage Information
Fidelax may automatically collect technical and usage information such as IP address, device and browser information, operating system, login and session information, cookies, usage statistics, error logs, security logs, and location information where legally permitted. Such information may be used to operate, secure, monitor, troubleshoot, and improve the platform.
6. Privacy and Applicable Laws
Fidelax will process personal information in accordance with its Privacy Policy and applicable Indian laws relating to information technology, electronic records, privacy, cybersecurity, and personal data protection, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, together with applicable rules and regulations as and when applicable.
7. Electronic Communications
You consent to receive account-related and service-related communications from Fidelax through email, SMS, WhatsApp, telephone, mobile notifications, or other digital channels. Such communications may include verification messages, invoices, payment confirmations, service updates, agreements, legal notices, and security alerts. Electronic records and communications may be used as valid records between you and Fidelax to the extent permitted under applicable law.
8. Marketing and Promotional Communications
Subject to applicable law and available consent or opt-out facilities, Fidelax may send information about offers, discounts, events, webinars, training programs, new services, newsletters, surveys, and other promotional activities. You may opt out of promotional communications where such option is provided or required by law. Essential account, security, payment, and service-related communications may continue.
9. Reviews, Testimonials and Public Information
If you voluntarily provide reviews, ratings, testimonials, feedback, success stories, or similar content, Fidelax may use such content for promotional, educational, advertising, or marketing purposes, subject to applicable law and required consent. Where permitted, Fidelax may also display your name, business name, company logo, public profile information, reviews, ratings, or success stories.
10. Business Users and Customer Data
Business users may use Fidelax to collect, upload, store, process, or manage information relating to their customers, employees, clients, members, applicants, or other individuals. The business user is responsible for ensuring that such information has been lawfully collected and may legally be processed through Fidelax.
11. Responsibility for Customer Data
Business users are responsible for obtaining required consents and permissions, providing required privacy notices, maintaining appropriate access controls, responding to customer requests where legally required, and complying with applicable data protection, privacy, consumer protection, cybersecurity, and other laws.
12. Sharing and Retention of Information
Fidelax may share information where reasonably necessary to provide services, process payments, operate the platform, provide technical support, verify information, prevent fraud, comply with legal requirements, or fulfil requested services. This may include authorized employees, service providers, payment providers, technology and cloud providers, verification agencies, government or regulatory authorities, and relevant business partners. Fidelax does not sell personal information to third parties.
13. Data Retention and Deletion
Information may be retained for as long as reasonably necessary for service delivery, business records, legal and regulatory compliance, taxation, accounting, auditing, dispute resolution, fraud prevention, security, and other legitimate purposes. Certain records may remain after account closure where required or permitted by law.
14. Data Security
Fidelax may implement reasonable technical, administrative, and organizational measures to support the security of information and the platform. However, no internet service, electronic transmission, or digital storage system can guarantee absolute security. Users are responsible for taking reasonable precautions to protect their credentials, devices, and account access.
15. User Content and Lawful Use
You remain responsible for documents, files, information, customer data, images, and other content submitted or uploaded through your account. You confirm that you have the necessary rights and permissions to submit such information. You must not use Fidelax for unlawful, fraudulent, misleading, abusive, unauthorized, or harmful activities or upload illegal or infringing material.
16. Intellectual Property
Fidelax's software, platform, design, interface, branding, logos, trademarks, documentation, features, databases, and underlying technology are owned by or licensed to Fidelax or the respective rights holders and are protected by applicable intellectual property laws. Your use of Fidelax does not transfer ownership to you.
17. Payments and Third-Party Services
Where Fidelax provides paid services, subscriptions, registrations, licenses, certificates, or other chargeable services, applicable fees, taxes, payment conditions, renewal terms, and service-specific conditions may be communicated separately. Payments and certain services may be handled through third-party providers that may have their own terms and policies.
18. Account Suspension or Termination
Fidelax may suspend, restrict, disable, or terminate an account due to violation of these terms, suspected fraud, unlawful activity, security concerns, misuse, unauthorized access, non-payment, legal requirements, or other legitimate reasons.
19. Business User Responsibility and Indemnification
A business user is responsible for claims, losses, penalties, liabilities, costs, or legal expenses arising from its unlawful collection, misuse, unauthorized disclosure, negligent handling, or improper processing of customer information, to the extent permitted by law. The business user agrees to indemnify and hold harmless Fidelax and its relevant persons and service providers against claims arising from such acts or omissions, except to the extent caused by liability that cannot legally be excluded.
20. Limitation of Liability
Fidelax aims to provide reliable services but does not guarantee that the platform will always be uninterrupted, error-free, completely secure, or continuously available. To the maximum extent permitted by applicable law, Fidelax shall not be liable for indirect, incidental, consequential, special, or punitive losses arising from use or inability to use the platform, loss of business opportunities, unauthorized activities conducted through a user's account, or misuse of customer information by a business user. Nothing excludes liability that cannot legally be excluded.
21. Changes to Services and Terms
Fidelax may modify, update, introduce, suspend, or discontinue services, features, pricing, subscription plans, functionality, or policies from time to time. Updated terms may be published on the platform or communicated through appropriate channels. Continued use of Fidelax after changes take effect constitutes acceptance of the revised terms to the extent permitted by law.
22. Force Majeure
Fidelax shall not be responsible for delay, interruption, or failure caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, epidemic, war, government restrictions, power or internet failures, telecommunications failures, cloud infrastructure issues, cyber incidents, strikes, or similar events.
23. Governing Law and Jurisdiction
These Terms of Agreement shall be governed by the laws of India. Any dispute arising from these terms or the use of Fidelax shall be subject to the applicable laws and jurisdiction of competent courts and authorities in India, subject to any mandatory statutory dispute-resolution mechanism applicable to the matter.
24. Severability and Entire Agreement
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue to remain effective. These Terms, together with the Fidelax Privacy Policy, applicable service-specific terms, payment conditions, and other policies incorporated into the platform, constitute the agreement governing your use of Fidelax.
25. Electronic Acceptance
By selecting “I Agree” and creating a Fidelax account, you confirm that you have read and understood these Terms of Agreement and agree to be bound by them to the extent permitted by applicable law. Your electronic acceptance and related electronic records maintained by Fidelax may constitute evidence of your acceptance.
26. Contact and Legal Notices
Questions, complaints, requests, or legal notices relating to Fidelax, these terms, privacy, or account usage may be submitted through the official communication channels provided by Fidelax. Fidelax may update its contact details and legal communication channels from time to time.