FINBUDCREDIT USER AGREEMENT
This Finbudcredit User Agreement (“Terms/ Agreement”) shall constitute a valid and binding contract between: (i) Finbudcredit / Ecom Academia First Bucket, a company registered under the provisions of the Companies Act 2013, and registered office at XI/1128-1182, First Floor, CMS Tower, Kollam, Kerala 690521 ( “Finbudcredit”, “we”, “us”, “our” or the “Company”, which expression shall unless repugnant to the context or meaning thereof, include its Affiliates, successors in interest and permitted assigns); and (ii) you (“you”, the “Customer” or the "User") regarding the use of the Application and/or Services.
SCOPE AND PRINCIPAL UNDERSTANDING
Finbudcredit is a technology service provider that operates the website ‘www.Finbudcredit.com’, connected software and applications including the mobile application and the infrastructure associated with it (“Application”). Finbudcredit, through the Application, enables fast, secure and easy transactions between Customers and Merchants. Finbudcredit enables Customers to pay for Merchant’s Products through either the interest-free deferred payment facility of Merchants or Financing Facility (collectively “Checkout Facility”).
Finbudcredit enables the Users to purchase the Products offered by the Merchants through the Application or through the Merchant’s shops, websites and mobile applications and pay the purchase price through the Checkout Facility (“Services”).
These Terms describe a contractual relationship between you and Finbudcredit regarding your (i) use of the Application; and/or (ii) the Services .
This Agreement is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, and provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms are a legally binding document between Finbudcredit and you. You agree to avail the Checkout Facility in accordance with the Terms and other Transaction Documents (defined below).
DEFINITIONS AND INTERPRETATION
In addition to the terms defined in the introduction to these Terms and other parts of these Terms, wherever used in these Terms, unless repugnant to the meaning or context thereof, the following expressions shall have the meanings set forth below:
“Affiliate” means in relation to any Party, a holding company, subsidiary company or group company which are under common control.
“Financial Partner” means banks, non-banking financial institutions, and other RBI regulated entities which enlist on the Finbudcredit Application to offer Financing Facility to the Users for purchase of the Products.
“Financing Facility” means a credit facility that the Financial Partners offer to Users for purchase of the Products on the Application.
“Financing Facility Transaction” means the purchase of Product by a User from a Merchant through the Financing Facility.
“Intellectual Property” means any intellectual property of Finbudcredit including but not limited to copyright including copyright applications and copyright arising from such applications, and trademarks, logos, patent, service marks, trade secrets, registered designs, design rights, rights of license, assignment, use, moral rights, rights of confidence in know how or technical or commercial information generally, rights in relation to databases, and include, but not limited to, information relating to research and development, discoveries, improvements, processes, know-how, drawings, blueprints, specifications, samples, formulae, notes, patents, copyrights, trademarks, and any other such rights or interests in intellectual property, developed by the Parties directly or through others, whether or not protected under any law in force.
“Loan Agreement” means an agreement between you and the Financial Partner which governs the terms of Financing Facility, if availed by you.
“Merchant(s)” means a person or entity who offer to sell the Products to the Users through the Application or through their shops, websites or mobile application, and partners with Finbudcredit to facilitate payments for Products.
“Merchant Facility” means an interest free deferred payment facility that a Merchant offers, in its sole discretion, to a User for purchase of Products from the Merchant.
“Merchant Facility Transaction” means the purchase of Product by a User from a Merchant through the Merchant Facility.
“Merchant Facility Transaction Cost” means the cost of Product (as indicated on the invoice for the Product) purchased by a User from a Merchant through the Merchant Facility and any other charges that User agrees to pay to the Merchant with respect to the facility.
“Successful Transaction” means a transaction in which (i) the User has made down-payment (if any) for a Merchant’s Product, (ii) the Checkout Facility has been offered to User and User has agreed to use it to make payment for Merchant’s Products, (iii) a Transaction Order ID and details of the purchase have been provided by the Merchant to Finbudcredit, and (iv) no Payment Review (if any) is pending.
“Transaction Order(s)” shall mean an order by a User to purchase a product/service from the Merchant, for which the User has agreed to use the Checkout Facility and no Payment Review (if any) is pending.
“Transaction Documents” include these Terms and Conditions, and any other document that you execute with or is issued by Finbudcredit/Merchant/Financial Partner in relation, or pertaining, to the Checkout Facility and each such Transaction Documents as amended from time to time. The Transaction Documents include the Loan Agreement.
“User Account” means an account created by you for the purposes of using the Application.
“Parties” means you and Finbudcredit, who are parties to these Terms.
“Policy” or “Policies” means any Policy or other agreement between you and Finbudcredit that is notified to you through the Application or you have accepted in connection with your use of the Services.
“Products” means goods and /or services offered by the Merchants through the Application or through Merchant’s shops, websites or mobile applications.
USE OF SERVICES
You agree to comply with Agreement while using the Checkout Facility. Your consent to avail either of the Checkout Facilities will indicate your acceptance of the Agreement. The proceeds of the facilities must be solely used for purchase of Products. The User must not utilise the proceeds of the facilities for any purpose which is in violation of any applicable law, Transaction Documents or the Finbudcredit’s, Merchant’s or Financing Partner’s policies.
You also agree and acknowledge that upon instruction of Merchant and/or Financial Partner, Finbudcredit may need to revise the terms of the Merchant Facility and/or Financing Facility, respectively. Please be on a lookout for such changes. You agree and acknowledge that Finbudcredit will not be responsible for notifying you about such changes. If, at any time, you do not agree with the terms of Agreement, you can cease use of the Services, by making payment of all outstanding amounts to us, Merchants or Financial Partner (depending on the facility you avail).
By using the Application and availing the Services, you hereby acknowledge that Finbudcredit is not a Merchant, but it only facilitates sale of the Products by the Merchants and payments for the Products by the User through the Application or through a tab provided at the Merchant’s shops, their websites or mobile applications.
For the avoidance of any doubt, Finbudcredit itself does not provide the Products. It is up to the Merchant to offer Products, through the Application or through their shops, websites or mobile applications. The responsibility for provision of the Products by the Merchant to you and any liability therefrom is therefore solely with the Merchants. Finbudcredit will use reasonable efforts to facilitate your transaction with a Merchant.
Finbudcredit does not at any point of time during any transaction between User and Merchant, take the ownership of any of Products nor does it at any point assert any rights or claims or any representation or warranty about the usage, merchantability or quality of the Product. User acknowledges that Finbudcredit does not have any Product related liability to the User including but not limited to the liability arising out of wrong/defective Product or delay in delivery; and Merchant shall be solely liable to the User for the same. The User agrees and acknowledges to not make Finbudcredit a party to any such dispute.
For undertaking a Merchant Facility Transaction or Financing Facility Transaction, you must follow these steps:
The Application will guide you through different steps to complete the transactions. You will able to avail the relevant facility once the prescribed steps are complete.
You must notify Finbudcredit about any unauthorized use of your User Account. You agree and acknowledge that Finbudcredit, Merchant or Financial Partner will not be liable for any losses or damages for such unauthorized use if the reasons for misuse can be attributed to you.
Finbudcredit will not be responsible for initiating refunds and you will have to contact the Merchant to place any such request.
Merchant Facility
For availing the Merchant facility, you agree to comply with the terms (if any) that the Merchant shares with you, and follow the application process for the Merchant Facility. The Merchant will offer the Merchant Facility to you at its sole discretion.
You agree and acknowledge that the Merchant may vary the terms of the Merchant Facility, from time to time, in consultation with Finbudcredit.
While using the Service, you, by clicking on the “Checkout” button or any other similar button as provided on the Application or on the Merchant’s shop, website, e-commerce website or mobile based application, shall have placed a Transaction Order whereby you agree that the amounts due under such transaction may be recovered by Finbudcredit on behalf of the Merchant.
You agree and acknowledge that Merchants have appointed Finbudcredit as their collection agent. Accordingly, you will pay Merchant Facility Transaction Cost, as per the agreed terms, to Finbudcredit. You authorize Finbudcredit and its representatives to collect the Merchant Facility Transaction Cost from you on behalf of the Merchant. You shall not contest the right of Finbudcredit to recover such amounts on behalf of the Merchant. Upon payment of such amounts to Finbudcredit, you shall not have any liability to the Merchant in respect of such amounts.
The User hereby acknowledges that any amount paid to the Merchant in the form of a token amount/down payment for purchasing the Product shall be settled between the Merchant and the User(s).
Financing Facility
For availing the Financing facility, You must agree to terms under the Transaction Document that the Financing Partner shares with you, and follow the application process for the Financing Facility, mentioned on the Application. You will be granted the Financing Facility by such Financing Partner at its sole discretion.
By participating in the Financing Facility, you may have the option to defer payment of the purchase price of the Products (the "Finance Amount"), subject to the monetary limits specified by the Financial Partner (the "Finance Limit"). Please be aware that the Financial Partner reserves the right to adjust or modify the Finance Limit and payment terms periodically at their discretion. You acknowledge and agree to these potential variations or modifications imposed by the Financial Partner. For any Financing Facility Transaction, you will be responsible for paying the Finance Amount, along with any applicable interest and charges. These payments must be made to the Financial Partner, in accordance with the terms and conditions agreed upon between you and the Financial Partner.
You agree and acknowledge that you have authorised the Financial Partner to disburse the Financing Facility Transaction amount directly to the Merchant in relation to the purchase of the Product(s) by you). Subject to and unless otherwise mentioned in the Transaction Documents, once the amount is disbursed to the Merchant, it will be assumed that the Financial Partner has sanctioned the Financing Facility.
By accepting these Terms, you hereby acknowledge and agree to the following:
The User’s obligation, as a borrower, to ensure timely payment of the principal and interest (wherever applicable) shall be unconditional and will remain unaffected, notwithstanding that the Product may be lost, stolen, damaged, defective or destroyed due to any reason or due to an act/omission of the User(s) or the Merchant or any third party, while the Product is being delivered or otherwise.
In the event that you fail to make any payment, whole or part, by the specified due date, in accordance with the Transaction Documents, Finbudcredit reserves the right, at its sole discretion, to suspend the User Account associated with the User;
Notwithstanding anything, Finbudcredit, Merchant and/or the Financial Partner, depending on the type of Checkout Facility you avail, retain the right to take necessary actions and initiate appropriate proceedings, as deemed suitable or entitled under contract, law, equity, or other legal grounds, to recover the amount due, along with any additional amounts, levy and penalties owed by you. Such actions and proceedings shall be at your sole cost, risk, and expense; and
You acknowledge and agree that the repayment of amount due shall remain valid and enforceable even in the event of your bankruptcy, death, or any other circumstances. Furthermore, you acknowledge that Finbudcredit, Merchant and/or the Financial Partner, as applicable, retains the right to recover such amount from your properties, assets, legal heirs, or successors in such scenarios.
To enable the efficiency of Services, Finbudcredit is authorized but not obligated to collect and hold all documents, writings, agreements, cheques, drafts, other instruments from the Users and records relating to the payments for the Products under the Merchant Facility. Finbudcredit relies on partners, payment gateways, third party systems, and institutions to receive the payments from the User (“Third-Party Systems”). You agree and acknowledge that Finbudcredit shall be bound by the terms and conditions and policies of such Third-Party Systems including where such Third-Party Systems require the collection, recording, maintenance and/ or holding of data.
Finbudcredit will maintain necessary records in respect of the transactions entered into by the User and amounts due in respect of Products and the User agrees to sharing of such records with the Financial Partner/ Merchant. The User agrees that such records as maintained by Finbudcredit shall be sufficient proof of the transactions entered into by the User and the amounts due thereto, which the User shall not dispute.
Finbudcredit reserves the right to change the nature of Services from time to time without any prior notice.
Subject to the Terms, User acknowledges and agrees that Finbudcredit may stop (permanently or temporarily) providing the Services (or any features within the Services) to you specifically or to Users generally at Finbudcredit’s sole discretion, without assigning any reason. You may stop using the Services, in accordance with the Terms, provided that you shall be bound to pay amounts that are due from you to Finbudcredit, Merchants or Financial Partners.
The User acknowledges that each transaction shall be assessed by Finbudcredit in accordance with its own internal standards for processing of such transactions and Finbudcredit shall have the right to deny the processing of any transaction at its sole discretion.
Payment review is a process by which Finbudcredit reviews certain potentially high-risk transactions (“Payment Review”). Finbudcredit will, in its sole discretion, determine the type of Transaction Order that must undergo a Payment Review. If a transaction is subject to Payment Review, Finbudcredit will place a hold on the payment and provide notice to the User and the Merchant. Finbudcredit will conduct a review and either clear or cancel the payment. Finbudcredit will provide notice of clearance or denial of the payment to the User and the Merchant..
ELIGIBILITY
You shall not use the Application or avail Services if (a) you are not of legal age to form a binding contract, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Application/Services under the laws of India.
USER ACCOUNT
In order to use the Application, you shall create a User Account. To register a User Account, you are required to complete your online profile by providing us with complete and accurate information and agree to relevant Finbudcredit Policies. It is important that you must keep your account password secure and confidential and you shall be solely responsible for safeguarding the password for your account. You shall not share your User Account or allow any third party to use your User Account. You shall be responsible for all actions occur in your User Account. Finbudcredit will not be liable for any loss or damage arising from your failure to comply with the above. You must notify Finbudcredit immediately of any breach of security or unauthorized use of your User Account.
Finbudcredit collects general user data including name, email-id, address, contact details etc. to facilitate Services by allowing to create User Account on the Application in accordance with Applicable Laws. Finbudcredit also collects relevant user data from the Merchants to facilitate the Service efficiently. The collection, verification, audit and maintenance of correct and updated User information is a continuous process and Finbudcredit reserves the right, at any time, to take steps necessary to assist the Merchant in ensuring User’s compliance with all relevant and applicable KYC requirements, if any. The User agrees to notify Finbudcredit immediately, in accordance with the Finbudcredit privacy policy, if any information or details submitted by Borrower at the application stage needs to be rectified or updated.
It is assumed that all information provided by the User for creating the User Account is accurate and up to date. Finbudcredit can verify the information that User have provided and choose to refuse the Service or use of the Application without providing reasons. Misuse or misrepresentation by the User will lead to automated termination of Service and User Account without any prior notice to such User.
User Account, bearing details provided by the User, are created and owned by Finbudcredit. Any promotional discounts, offers and reward points accumulated or likes of such provided by the Merchants can be revoked without prior notice in the event of suspicious account activity or malafide intent/conduct of the User. In the case where the system is unable to establish unique identity of the User against the details provided to Finbudcredit, the User Account shall be indefinitely suspended. Finbudcredit reserves the full discretion to suspend a User Account in the above event, temporarily or permanently, and does not have the liability to share any account information whatsoever.
Each time you avail the Merchant Facility or the Financing Facility, you may be prompted to accept some terms and Transaction Documents specific to each facility. Acceptance of any such new terms will not result in creation of a new User Account. The User acknowledges that retaining the Finbudcredit Application on the User's device is essential for seamlessly discharging the User's obligations under this Agreement. The User must not uninstall the Finbudcredit Application from their mobile device, with an intention to avoid repayment of the amounts due under the Checkout Facility, unless and until the User has discharged the User’s entire obligations as provided under this Agreement. In case the User needs to remove the Finbudcredit Application from his/her mobile device before the dues under the Checkout Facility, the User must first write to Finbudcredit at the contact details mentioned on the Finbudcredit Application, and follow the instructions of Finbudcredit. The User acknowledges that fraudulent deletion of the Finbudcredit Application with an intention to avoid repayment of the loan will amount to breach of this Terms. Notwithstanding the above, uninstalling the Finbudcredit Application does not discharge the User from any of his/her obligations as provided under this Agreement.
DISCLAIMER
You acknowledge that Finbudcredit is an intermediary, and shall not have any liability whatsoever for any act or omission on the part of the Merchant or Financing Partner.
The information provided on the Application is on an ‘as is where is’ basis. Finbudcredit does not make any warranty or representation regarding the quality, accuracy or completeness of any information and specifically disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Products, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information.
Finbudcredit will make reasonable endeavour to ensure that the description and content on the Application is correct; it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein. Finbudcredit does not warrant or make any representations regarding the use of or the result of the use of the material on the Application in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from Merchants.
Finbudcredit cannot control or prevent changes in the published descriptions or representations, which are always based upon information provided by the Merchants. Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Finbudcredit acts only as a facilitator for the sale of Products and shall not be held liable for any changes, deficiencies, disputes, etc. related to the Products, including the matters related to delays in return, refunds or no refunds.
Finbudcredit does not warrant that the functions contained in this Application will be uninterrupted or error free, that defects will be corrected, or that this Application is free of viruses or other harmful components. Finbudcredit uses its reasonable endeavours to protect the Application from virus or other malware.
TAX
Any consideration and/or amount paid pursuant to these Terms shall be subject to applicable taxes including but limited to goods and service tax, withholding of taxes as applicable and you shall be liable to pay the same.
PRIVACY POLICY
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Company. The User further consents that the terms and contents of such Privacy Policy are acceptable to him. https://Finbudcredit.com/privacy-policy
REFUND POLICY
The User hereby consents, expresses and agrees that he has read and fully understands the Return and Refund Policy of the Merchant before buying the Product. The User further consents that the terms and contents of such policy are acceptable to him.
REPRESENTATIONS, COVENANTS AND UNDERTAKINGS
Each Party represents and warrants to the other Party that:
if the Party is a legal entity, the execution, delivery and performance of this Agreement is within its corporate power and has been duly authorized by all necessary or proper corporate actions;
if it is a legal entity, it does not and will not contravene any provisions of its certificate of incorporation, memorandum of association, articles of association or bylaws; and
it will not violate any applicable law.
it is not under any disability, restriction or prohibition, whether legal, contractual or otherwise, which shall prevent it from performing or adhering to any of its obligations under this Agreement and has not entered into and shall not enter into any memorandum of understanding or agreement or any other instrument that may violate this Agreement;
no litigation, arbitration or administrative proceedings are threatened, or to the knowledge of the Parties, pending which call into question the validity or performance of its obligations under this Agreement; and
that all authorizations, approvals, consents, licenses, exemptions, filings, and other matters, official or otherwise, required or advisable in connection with the entry into, performance, validity and enforceability of this Agreement and the transactions contemplated hereby have or shall be obtained or effected in a timely manner.
In addition, the User represents, confirms and warrants to Finbudcredit (to the extent applicable) that:
All information supplied by the User is true, accurate, current and complete.
He/she is an Indian national and a tax resident of India.
He/she is of legal age to enter into a binding contract. Finbudcredit shall not be held responsible for any losses accrued to any User because of any transaction made by underage persons.
User is not a person barred from availing our Services under the applicable law.
He/she is solvent and has the financial wherewithal to fulfill the obligations under the Agreement;
User shall not use anyone else's account and password at any time.
User shall avail our Services to make only legitimate transaction for the User or others for whom the User is legally authorized to act, and not fraudulent or false transactions.
User shall not use the Application for any unlawful and illegal activities including but not limited to identity theft, impersonation, violation of privacy, cyber terrorism, publishing or transmitting sexually explicit content.
User shall not use the Application for any commercial purposes. It is clarified that the Services are not for commercial use but is specifically meant for personal use only.
The User shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Application.
The User shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
belongs to another person and to which User does not have any right to;
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of privacy;
violates any law for the time being in force;
deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or damage or diminish value of, surreptitiously intercept or expropriate any system, data or personal information. A “computer resource” means a computer system, computer network, data, computer database or software;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
is false, inaccurate or misleading
creates any liability for us. or cause us to lose (in whole or in part) the services of any of our service providers.
You consent to conduct transactions, accept the terms and conditions of these Terms and the Privacy Policy as displayed on the Application.
You consent to receive communications, notices and information from us through post or any other physical medium or electronically (whether through SMS, emails, push notifications via web or app, WhatsApp, phone calls and automated phone calls). Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number / details provided by you or any other third party during the sign-up process as per our records, or when we post the electronic communication on the Application.
You are solely responsible for any breach of your obligations under these Terms (including financial obligations) and for the consequences (including any loss or damage which Finbudcredit may suffer) of any such breach.
RESTRICTED ACTIVITIES
In connection with your use of our Application, your User Account, Services, or in the course of your interactions with Finbudcredit, Merchants, or third parties, you will not engage in improper behaviours such as (each of the below shall hereinafter be referred to as “Restricted Activity/(ies)”):
Breach these Terms, Transaction Documents, or any other agreement or policy that you have agreed to with Finbudcredit;
Act in a manner that is defamatory, trade libellous, threatening or harasses Finbudcredit, Merchants, or third parties associated with Finbudcredit;
Provide false, inaccurate or misleading information;
Use your User Account or Finbudcredit Services in a manner that Finbudcredit, or any other electronic funds transfer network reasonably believes to be an abuse of the electronic funds transfer system or a violation of card association or network rules;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with the Application or Finbudcredit Services;
Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
Use Finbudcredit Services to test payment behaviours;
Circumvent any Finbudcredit policy or determinations about your User Account such as temporary or indefinite suspensions or other limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional User Account(s) when a User Account has been restricted, suspended or otherwise limited; creating new or additional User Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s User Account, etc.
If Finbudcredit has adequate reason to believe that you may have engaged in any Restricted Activities, we may take various actions to protect Finbudcredit, Merchants, Financial Partners or other third parties, which may include but are not limited to the following:
We may close, suspend, or limit your access to your User Account or Finbudcredit Services;
We may contact Merchants/Financial Partners you have interacted with, contact your bank, and/or warn other Merchants/Financial Partners, law enforcement, or impacted third parties of your actions;
In case any false, inaccurate or misleading information provided by you, we shall have the right to update such information provided by you;
We may refuse to provide Finbudcredit Services to you in the future;
We may hold any balance of funds due to be paid by Finbudcredit to you if reasonably needed to protect us against the risk of liability;
We may take legal action against you; and
Finbudcredit, in its sole discretion, reserves the right to terminate these Terms, access to its Application, access to Finbudcredit Services, and access to the User Account for any reason and at any time.
LIABILITY AND INDEMNIFICATION
You hereby agrees to defend, indemnify and hold Finbudcredit, our parent company, Financial Partners, Affiliates and the officers, directors, agents, joint venturers, employees and suppliers of Finbudcredit, harmless from and against all actions, proceedings, claims (including third party claims), liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly as a result of:
breach or non-performance by you of any of your undertakings, warranties, covenants, declarations or obligations under this Agreement;
any misrepresentation, or fraud by you;
any hacking or lapse in security of the API or data, attributable to the User’s negligence, that impacts Finbudcredit; and
any act, deed, negligence, omission, misrepresentation, default, misconduct, non-performance or fraud by the You, your employees, contractors, agents.
Finbudcredit hereby undertakes and agrees to indemnify, defend and hold you harmless from and against all actions, proceedings, claims (including third party claims), liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly as a result of:
breach or non-performance by Finbudcredit of any of its undertakings, warranties, covenants, declarations or obligations under this Agreement; or
any misrepresentation, or fraud by Finbudcredit in the performance of this Agreement;