Terms of Use

These terms and conditions summarize the policies for the use of the Finner PMS Website, cited at www.thefinner.com
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By accessing this website we assume you accept these terms and conditions. Do not continue to use the Website Name if you do not agree to take all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and all Agreements: “Client”, “You” and “Your” refers to you, the person who logs on to this website and is compliant with the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization, and he/she or they, are taken as interchangeable and therefore as referring to the same.

1.   Agreement to Terms

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Hawthorn Technologies Pvt Ltd (owner company of Finner PMS, located at, Gurugram, Haryana 122001 India, concerning your access to and use of the Finner PMS  (https://thefinner.com/) website as well as any related applications.

1.2 The supplemental policies and any supplemental terms and conditions or documents posted on the Site from time to time, are expressly incorporated by reference.

1.3 We may make changes to these terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.  

1.4 We may update or change the Site from time to time to reflect changes to our products, users’ needs, or our business priorities.  

1.5 Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  

1.6 The Site is intended for users who are at least 18 years old.  If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

2.  Acceptable Use

2.1 Our full Acceptable Use Policy sets out all the permitted uses and prohibited uses of this site.

2.2 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  

2.3 As a user of this Site, you agree not to:  

● Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited emails or creating user accounts under false pretenses.
● Systematically retrieve data or other content from the Site to a compiled database or directory without written permission from us.

● Use a buying agent or purchasing agent to make purchases on the Site.  

● Use the Site to advertise or sell goods and services.
● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.  

● Engage in unauthorized framing of or linking to the Site.  

● Make improper use of our support services, or submit false reports of abuse or misconduct.

● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.  

● Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site.  

● Attempt to impersonate another user or person, or use the username of another user.

● Sell or otherwise transfer your profile.  

● Use any information obtained from the Site in order to harass, abuse, or harm another person.  

● Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise.  

● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.  

● Advertise products or services not intended by us.  

● Threaten users with negative feedback or offer services solely to give positive feedback to users.

● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
● Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.  

● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism.  

● Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.  

● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users.

3.  Information you provide to us

3.1 You represent and warrant that:

(a) All registration information you submit will be true, accurate, current, and complete, and relate to you and not a third party.

(b) You will maintain the accuracy of such information and promptly update such information as necessary.

(c) You will keep your password confidential and will be responsible for all use of your password and account.

(d) You have the legal capacity and you agree to comply with these Terms and Conditions.

(e) You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site. 

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at support@thefinner.com.

3.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such a user name is inappropriate.    

4.  Our content

 4.1  Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us and are protected by copyright and trademark laws.  

4.2  Except as expressly provided in these Terms and Conditions, no part of the Site, Services, or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.  

4.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.  

4.4  You shall not

(a) try to gain unauthorized access to the Site or any networks, servers, or computer systems connected to the Site; and/or

(b) make for any purpose including error correction, any modifications, adaptions, additions, or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

4.5 We shall

(a) prepare the Site and Our Content with reasonable skill and care; and
(b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.  

4.6 Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that Our Content on the Site is accurate, complete, or up to date.    

5.  Link to third-party content

5.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.

5.2  We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.    

6.   Site Management  

6.1 We reserve the right at our sole discretion, to:

(1) Monitor the Site for breaches of these Terms and Conditions.

(2) Take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions

(3) Manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.  
6.2 We do not guarantee that the Site will be secure or free from bugs or viruses.

6.3 You are responsible for configuring your information technology, computer programs, and platform to access the Site and you should use your own virus protection software.

7.   Modifications to and availability of the Site  

7.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
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7.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

7.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

8.   Disclaimer/Limitation of Liability  

8.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions, and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

If you are a consumer user:
● Please note that we only provide our Site for your domestic, private or commercial, or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.   Term and Termination

9.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at support@thefinner.com.  
9.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  

10.   General

10.1 Visiting the Site, sending use emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing.  

You hereby agree to the use of contracts, orders, and other records and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  

10.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or with respect to the Services constitute the entire agreement and understanding between you and us(The Company.) 10.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.  

10.4 We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by using any product or service on the site  

10.5 There is no joint venture, partnership, employment, or agency relationship created between you and us as are the result of these Terms and Conditions or use of the Site or Services (unless explicitly stated in another agreement or document)

10.6 In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us by email at support@thefinner.com.