Terms of Use - Champ

TERMS AND CONDITIONS FOR CHAMPS

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.

Fento Technologies Private Limited ("Fento" / "Company" / "us", "we" or "our") provides technology-based services and acts as an intermediary for facilitating on-demand local guidance on a voice call and other support services (such as associated payment collection) as offered by Fento from time to time by means of the Company’s website and the mobile application "Fento" (collectively, "Platform").

The Services are provided / offered by third party local guides (Champs), service providers who wish to offer such Services through the Platform ("Champ(s)" / "you").

On the basis of the representations and warranties provided by the Champ, the Company has agreed to list them on the Platform and to enable the Champ to provide the Services through the Platform in accordance with the terms and conditions as hereinafter provided and any other policy or agreement or document made applicable / executed by you for the purpose of the provision of Services (collectively, "T&Cs"). These T&Cs will govern the relationship between you and the Company in the course of provision of the Services. By signing up or registering on the Platform and offering to provide one or more of the Services, you acknowledge that you have read and understood these T&Cs and agree to be bound by these T&Cs, without any limitation or qualification. If you do not agree with these T&Cs, please do not sign -up or register on the Platform or offer any Services.

Use of and access to the Platform is offered to you upon the unconditional acceptance of all the terms, conditions and notices contained in these T&Cs and Privacy Policy (which is incorporated herein by reference), along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.

These T&Cs expressly supersede prior agreements or arrangements with you.

I. GENERAL COVENANTS

In relation to your access of the Platform to provide the Services, you covenant and agree to the following:

For the purposes of registration/ creation of an account on the Platform and providing the Services, you confirm that you are 18 years of age.
You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Platform or provide the Services, including to enter into transactions contemplated using the Services.
You will provide the Services solely as permitted and in accordance with these T&Cs and in accordance with applicable laws.
By using the Platform and offering the Services, you authorize Fento, whether directly or indirectly through third parties, to collect information about you or make any inquiries necessary to validate your identity including conduct police verification and background checks, in accordance with our policies. Please read the Privacy Policy to understand how we collect, process, and share your information, including personal information and sensitive personal data or information (collectively, "Information").
When you provide any Information to Fento, you will provide only true, accurate, current, and complete Information. You understand and acknowledge that the responsibility to provide correct Information, including the contact information, bank account details etc., as required in connection with the Services, lies solely with you. You must take all caution to ensure that there are no mistakes and errors in the Information you provide. We will not be responsible to verify the accuracy of the Information provided by you.
These T&Cs impose valid and legally binding obligations on you and are enforceable against you.

II. REGISTRATION ON AND OPERATION OF THE PLATFORM

To offer the Services on the Platform, you should be eligible as per the onboarding criteria and provide such documents as requested by Fento as per applicable law and Fento’s internal policies and ensure continued compliance with the same. Particularly, you represent, warrant and covenant to Fento that:
Your primary place of residence is within 10kms of the places for which you are registering as champ;
You are sufficiently knowledgible in the matters of customer interest about the registered places and have up to date information regarding the same.
You will provide only that information or guidance to customers that is safe and legal as per applicable laws and do not fabricate or misrepresent facts.
No proceeding is pending against you regarding and neither have been convicted of (a) any cognizable offence under the Code of Criminal Procedure, 1973, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror, in the past 3 years; and
You must register on the Platform and create an account on the Platform ("Your Account") by providing accurate Information as sought during the registration process.
Further, we may ask you for Information or documents that will allow us, whether directly or indirectly through third parties, to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Platform in the event we are unable to obtain or verify this Information.
You are solely responsible for maintaining the confidentiality of your credentials (username, password, OTP etc.) provided upon registration by you, and the Company is not liable for any loss you may incur as a result of someone else using Your Account, either with or without your knowledge.
You agree to accept responsibility for all activities that occur in or from Your Account and agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your username and password to Your Account and to any third-party account you have used to login to Your Account.
You agree to inform us immediately if you have any reason to believe that your login credentials have become known to anyone else, or if the password is being or is likely to be used in any unauthorized manner.
Fento will not be liable for any breach of security or unauthorized use of Your Account.
The Company will take the booking request of the customer made on the Platform ("Service Request") and forward it to you through the Platform, or in such other manner based on Fento’s sole discretion.
The Company reserves the right to discontinue or introduce any other modes of Service Requests and/or for providing Services. 
The Company may monitor, and record calls made by you to the customers, for the purpose of training and improving customer care services, including complaint handling, and you provide your consent for the same.
The Company will not be liable if you do not download the correct mobile application including correct and compatible version of the Fento mobile application.
You agree that Fento (either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the Platform or the Services, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.

III. YOUR CONDUCT

The Champ will not reject Service Request(s) from a customer, except when deemed absolutely necessary and/or under exceptional circumstances, as deemed acceptable by Fento at its sole discretion. In case of repeated or consistent denial of Service Requests, Fento reserves the right to take appropriate action including suspension or permanent deactivation of Your Account and termination of these T&Cs.
The Champ will refrain from doing anything which the Company reasonably believes to be disreputable or capable of damaging the Company’s reputation and will comply with all applicable laws of the Republic of India.
In relation to the Platform, the Champ agrees to:
Not authorize others to use Your Account on the Platform or your Vehicle;
Not assign or otherwise transfer Your Account to any other person or legal entity;
Not use the Platform for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
Not use the Platform to cause nuisance, annoyance, or inconvenience to customer, Fento or any other person;
Not consume alcohol or drugs or be under the influence of drugs or other illegal substances, prior to or during the provision of Services. Fento has a zero-tolerance policy in respect of use of drugs, alcohol, intoxicants, or other illegal substances, by any Champ and the customers can report any such behaviour to Fento and strict action will be taken by Fento including but not limited to suspension of your Services / Your Account while under investigation and termination;
Not impair the proper operation of the network/ Platform and will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, cancelbots, intended to damage, interfere with or affect functionality or operation of the Platform, to surreptitiously intercept or expropriate any system, data or information in connection with the content hosted/ available on the Platform, or to affect the operation of any other websites or the internet;
Not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Platform, including but not limited to denial-of-service attacks, "spam" or any other such unsolicited overload technique;
Not try to harm the Platform in any way whatsoever;
Not copy, or distribute any content on the Platform without written permission from the Company; and
Not use the Platform with an incompatible or unauthorized device.
In addition to the foregoing, you will not upload, display, share, host, publish or transmit any information that:
Either belongs to another person or to which you do not have any right whatsoever;
Is harmful, offensive, harassing, obscene, pornographic, invasive of another’s privacy, hateful, racially, or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
Infringes any patent, trademark, copyright, or any other proprietary rights;
Harms minors in any way or is harmful to child;
Includes any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services);
Deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature or in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit specified by the Government;
Impersonates 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;
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 in the nature of an online game that is not verified as a permissible online game;
Is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; or
Violates any law for the time being in force.
The Company reserves the right to immediately terminate the use of the Platform by the Champ if he does not comply with any of the above rules in Clauses III.3 and III.4 above.
The Champ consents to provide identity documents for police verification and background checks by the Company, directly or indirectly through a third party appointed by the Company.
The Champ will have to mandatorily undergo an induction training program before onboarding with the Fento Platform and agrees to undergo any other training programs including refresher training program as required by applicable law or as deemed necessary by Fento.

IV. PAYMENT TERMS

The Company has the discretion to charge any such fees from the Champ as updated on the Platform from time to time and will be subject to applicable taxes.
The Company charges a convenience fee from the customers for facilitating the Services through the Platform.
The Champ authorizes the Company to collect the service/booking fee ("Fee") from the customers on behalf of the Champs.

V. REPRESENTATIONS, WARRANTIES AND COVENANTS

The Champs and the Company represent the following:
They have all requisite power and authority to deliver and perform the obligations imposed herein;
The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order, or judicial pronouncement which is applicable to each party; and
They have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.
The Champs hereby represent, warrant, and covenant the following:
They have all rights, licenses, and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs;
At the time of onboarding with the Platform, they have not been convicted within the past 3 years, for the offence of driving under the influence of alcohol or any cognizable offence under the Code of Criminal Procedure, ‘1973 or the Indian Penal Code, 1860 (as may be applicable) including fraud, sexual offences, use of a motor vehicle to commit a cognizable offence, a crime involving property damage or theft, acts of violence, or acts of terror;
They will provide the Services in a courteous and professional manner as reasonably expected by a service provider providing the Services;
They will perform its obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality, and integrity to be reasonably expected of an experienced and reputable provider of Services;
They will provide Services in accordance with all the specifications that may be prescribed and formulated by the Company from time to time;
They will follow all the standard operating procedures (SOPs) and policies that may be prescribed and formulated by the Company from time to time;
They will not commit any fraud while providing the Services or otherwise commit any act or omission, to gain any undue advantage which may include, but not be limited to: intentionally falsify information; accept Service Requests without the intention to complete or provide the Services, provoke customers to cancel for fraudulent purposes; claim fraudulent fees or charges; intentionally request, accept, or complete fraudulent or falsified Service Requests; deliberately increase the time of a booking for fraudulent purposes or otherwise; actions intended to disrupt or manipulate the normal functioning of the Company’s Platform, including manipulating the settings on a phone to prevent the proper functioning of the Platform and the GPS system; or falsify documents, records, or other data for fraudulent purposes; creating improper duplicate accounts; or falsify documents, records, or other data for fraudulent purposes, or any other fraudulent, negligent or unlawful activity in contravention of the intent of these T&Cs, permitted scope of Services envisaged under these T&Cs, or applicable laws;
They will adhere to applicable laws including in relation to travel safety;
They will report to Fento immediately if any illegal or prohibited topics are being requested/discussed by customers;
Their total earnings for any given financial year do not exceed INR 20,00,000 (Rupees Twenty Lakhs) and that they are an unregistered GST service provider; and
They will promptly inform the Company in case their total earnings exceed or is expected to exceed INR 20,00,000 (Rupees Twenty Lakhs) in a financial year.

VI. RELATIONSHIP BETWEEN THE PARTIES

Independent Contractor: The Champ will operate as, and have the status of, an independent contractor. The relationship between the Company and the Champ is on a principal-to- principal basis. The Company and the Champ are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Champ. It is clarified that the Champ will not have any right to conclude any contract for and / or on the behalf of the Company or bind the Company in any manner.

VII. Champ INFORMATION

Fento may collect Champ Information at the time of onboarding of the Champs and from time to time, to establish the identity of the Champs. Fento reserves the right to store, process, access and use the Champ Information for business purposes and needs, background check, verification, marketing, service, development, analytics, research, and any other purpose as Fento may deem fit and in accordance with Fento’s Privacy Policy and applicable law. The Champ hereby expressly consents to such collection and use of Champ Information.
Subject to applicable laws, Fento may provide to a third party, governmental agency, judicial body, any Champ Information, or information relating to the Champ, if there is a complaint, dispute, or conflict involving a Champ on one hand and end-consumer, or a third party on the other hand.
Please read our Privacy Policy to understand how we deal / handle Information collected from you.
"Champ Information" shall mean and include any personal data or Information collected from the Champ including know your customer documents with Champ’s bank, mobile number, bank account details, identity proof, self-clicked images (selfies), residence proof, location data and any other Information that Fento may deem fit.

VIII. CONFIDENTIALITY

The Champ will keep confidential all data including customer details, market information, all work products and documents related thereto, and the contents of the Platform and will not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of the Company, and the Champ will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the Company and will keep it confidential at all times.
All non-public information relating to us or disclosed by us or our affiliates to you that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential information includes but is not limited to: (a) contents / information relating to Services and Platform; (b) information relating to our or our affiliates or business partners’ technology, software, customers, business plans, product plans and designs, promotional and marketing activities, finances and other business affairs; (c) third-party information including that of customers which we are obligated to keep confidential; (d) the nature, content and existence of any discussions or negotiations between you and us or our affiliates; and (e) any other information which should be reasonably kept confidential.

IX. PROPRIETARY RIGHTS

The Company is the sole owner and lawful licensee of all the rights to Platform or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, the website/ Platform, etc. or any other digital media content embodying trade secrets and Intellectual Property Rights protected under worldwide copyright and other laws. All titles, ownership and Intellectual Property Rights in the Platform and its content (except third party links) will remain with the Company, its affiliates, agents, authorized representatives, or licensors as the case may be.
The term "Intellectual Property Rights" means all intellectual property rights or similar proprietary rights, including: (i) patent rights and utility models, (ii) copyrights and database rights including moral rights, (iii) trademarks, trade names, domain names and trade dress and the associated goodwill, (iv) trade secrets, and (v) industrial design rights; and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

All rights not otherwise claimed under this T&Cs or by the Company are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks, and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Subject to your compliance with these T&Cs, the Company grants you a limited, non- exclusive, non-transferable license to download and install a copy of the Fento Champ mobile application on a single mobile device that you own or control and to run such copy of the Fento mobile application solely for your own personal use and for providing the Services.
Champ data: As between Fento and Champ, all right, title and interest in: (i) the Information, (ii) other information input into the Platform by Champ or its authorized users ("Other Information"), and (iii) all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by the Champ. Information and Other Information are collectively referred to as "Your Information". Champ grants to Fento a unlimited, non-exclusive, royalty-free, worldwide license to use Your Information and perform all acts with respect to the Your Information, as may be necessary for Fento to operate, maintain and improve the Platform or provide the Services to customers, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). Champ is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of Your Information. Fento agrees to access and use Your Information solely for Champ’s / customer’s benefit and as set forth in these T&Cs or the Privacy Policy.
Aggregated statistics: Notwithstanding anything else in these T&Cs, Fento may monitor Champ’s use of the Platform and use data and information related to such use and Your Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Platform and the Services ("Aggregated Statistics"). As between Fento and Champ, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by Fento. Champ acknowledges that Fento will be compiling Aggregated Statistics based on Your Information and Information input by other customers / other Champs into the Platform. Champ agrees that Fento may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify Champ. 
The Champ will not do the following:
License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
Modify or make derivative works based upon the Platform;
Create internet "links" or "frame" or "mirror" any application on any other server or wireless or internet-based device;
Reverse engineer or access the Platform in order to:
design or build a competitive product or service,
design or build a product using similar ideas, features, functions, or graphics of the Platform, or
copy any ideas, features, functions, or graphics of the Platform, or
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.

X. INDEMNITY

The Champ agrees to indemnify, defend and hold harmless, the Company, its affiliates, licensees and its officers, directors, agents and employees, from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the Champ to perform its obligations under these T&Cs or the applicable laws in relation to performance of the Services.
Fento reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Fento, including rights to settle, and you agree to cooperate with Fento for such defence and settlement. Fento will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. Champ may, at its own expense, engage separate counsel to advise Champ regarding a claim and to participate in the defence of the claim, subject to Fento’s right to control the defence and settlement.

XI. DISCLAIMERS

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES PROVIDED BY Fento AND/OR THE PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES PROVIDED BY Fento AND/OR THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PLATFORM / SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES PROVIDED BY Fento AND/OR THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS.
All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability, or availability of the Platform. You acknowledge and agree that the entire risk arising out of your use of the Platform remains solely and absolutely with you and you will have no recourse whatsoever to the Company.
The Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, service failures or interruptions, errors, damages, or losses resulting from such problems. Access to the Platform or the Services may be unavailable, delayed, limited, or slowed, from time to time, due to the inherent nature of the internet and among other things also due to:
Servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
Overload of system capacities;
Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters;
Interruption (whether partial or total) of power supplies or other utility service, strike, or other stoppage (whether partial or total) of labour;
Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
Any other cause (whether similar or dissimilar to the above) beyond the control of Fento.

XII. LIMITATION OF LIABILITY

The Company is not liable to the Champ, for any condition, suitability, quality, merchantability, and fitness for any purposes in respect of the Platform or the Services provided through the Platform and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the Platform.
To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Champ: (a) of the applicable laws in respect of the use of the Platform or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T&Cs; or (d) of the duty of care the Champ owes to the users of the Platform.
The Company is not responsible for the behaviour, actions, or inactions of the Champ or, quality of their service. Any contract for the provision of the service is exclusively between the customer and the Champ and the Company is not a party to the same.
The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Platform, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services.
IN NO EVENT WILL Fento BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Fento’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE T&Cs OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF INR 500/-.

XIII. TERMINATION

Company is entitled to terminate these T&Cs at all times and with immediate effect, at its sole discretion, (by disabling the Champ’s registration on the Platform and use of the Platform) for any one or more of the following reasons:
Any violation or breach of any term of these T&Cs;
If the Champ, in the opinion of the Company, misuses the Platform;
If the Champ is non-compliant with the requirements under applicable laws;
Failure to verify or authenticate Champ Information;
Any action or omission by the Champ which can cause legal or contractual liability for Fento including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by users, misconduct, negligence, and all other actions specifically prohibited under applicable laws; or
Where, in their opinion, continuance of the Services of Champ is detrimental to the business interest of Fento due to the acts of the Champs, such as the following:
Misbehaviour, rude behaviour with the staff of Fento, customers or any other persons associated with the Fento or any other persons;
Any acts involving criminal offence punishable under law, including verbal assault, threatening any of the staff of Fento, person associated with Fento, customers or any other persons;
Concealment of fact/material information while entering into a contract with Fento;
Poor or irregular at work, meetings, and failure to abide by the rules/terms of the T&Cs or other applicable policies / SOPs notified by Fento;
Being Drunk / under the influence of drugs or other illegal substances, while providing the Services and unruly/drunken behaviour. Fento has a zero-tolerance policy in respect of use of drugs or alcohol by any Champ;
Commission of fraud/ misappropriation/embezzlement for undue monetary gain, or any act which is against the interest of the Fento;
Negligence in performing the duty, causing damage of moveable and immoveable assets of Fento, its employees, customers, or any other persons;
Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to Fento’s brand and its image / reputation;
Indulging in acts such as creating ruckus/ strike/ or any activity against Fento, which could be detrimental to the Fento’s brand and its image/ reputation;
Indulging in unauthorized disclosure of Confidential Information of Fento to external agency, person, or organization;
Misuse of assets provided by Fento and welcome kits, which could be detrimental to the interest of Fento’s brand and its image / reputation;
Absconding for more than 4 hours with any asset, money or any other valuable item belonging to Fento, its employees, customers, or other staff member(s);
Failure to abide by any of the rules and guidelines given by Fento as part of Service quality standards and principles;
Doing any act unbecoming of a Champ; or
In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.
The Company may terminate these T&Cs immediately on the above grounds and is not obliged to give notice of the termination of these T&Cs in advance.

Fento or Champ may terminate these T&Cs by providing 7 days’ written notice to the other party.
Fento, in addition to its right to terminate these T&Cs, in its sole discretion reserves the right to legally prosecute the Champ immediately, if there is reason to believe that the Champ has indulged in any fraudulent activity or contravened the T&Cs of the Platform or violated any applicable laws and Fento will not be responsible for any consequences to the Champ arising from the same.
Upon termination:
Champ will stop accessing the Platform and offering the Services;
Fento will settle all outstanding dues accrued to the Champ subject to deductions / set off of any amount owed by the Champ to Fento;
Champ will return all property and materials including confidential information belonging to Fento; and
Champ will cease holding out as a service provider integrated with or connected with Fento in any manner.

XIV. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These T&Cs will be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
Subject to the provisions made in Clause XIV.3, the parties hereby submit to the exclusive jurisdiction of the courts of Bangalore, India.
All disputes arising out of or in relation to these T&Cs will be settled amicably by the parties. In the event, no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of first initiation of the dispute by one party to other, the parties will resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
The arbitration proceedings will be conducted by an arbitral tribunal comprising of 1 arbitrator mutually appointed by you and the Company.
The arbitration proceedings will be conducted in English language only and the seat for arbitration will be Bangalore, India.
The award of the arbitral tribunal will be final and binding.

XV. ASSIGNMENT

The Champ may not assign its rights or obligations under these T&Cs without prior written approval of the Company. The Company may assign any of its rights and obligations to its affiliates or third parties without prior consent or notice.

XVI. AMENDMENT

These T&Cs may be amended from time to time and as and when required, at the sole discretion of the Company. If Fento makes any changes to these T&Cs that it deems to be material, Fento will make a reasonable effort to inform you of such changes, but it is your responsibility to review the T&Cs posted to the Platform from time to time to see if it has been changed. The updated version of these T&Cs will supersede the current version and such updated version will be immediately effective upon being posted on the Platform. The continued use of the Platform following the notification of modification of the T&Cs or after being updated on the Platform will be construed to mean the acceptance of the said modified T&Cs.

XVII. SEVERABILITY

If any provision or any part of a provision of these T&Cs is invalid, unenforceable or prohibited by applicable laws of the Republic of India , such provision or part of provision will be severed from these T&Cs and will be considered divisible as to such provision or part thereof and such provision or part thereof will be inoperative and will not be part of the consideration moving between you and the Company hereto and the remainder of these T&Cs will be valid and binding and of like effect as though such provision was not included herein.

XVIII. NOTICES

The Company may give notice by means of a general notice on the Platform, or by electronic mail to your email address on record in the Company’s account information, or message on whatsApp messenger, or by written communication sent by regular mail to the Champ’s address on record in the Company’s account information.
Champ needs to send any notice at email id: champcare@fento.in .

XX. CUSTOMER CARE AND GRIEVANCE REDRESSAL

Any opinions, issues or suggestion regarding the Platform can be provided / resolved by reaching out to the customer care email mentioned below:

Customer Care details: support@fento.in

Any complaint, dispute, or grievance in relation to the Services or the Platform should be addressed to Fento as given below. Such complaint, dispute or grievance will be handled as per applicable laws.

Grievance Officer: Rajesh Bejugam

e-mail: nodalofficer@fento.in

End of Terms of Service