Terms and conditions
TERMS & CONDITIONS
A. General
i) These terms and conditions set out the terms of the agreement between you as a user of the Platform and the Platform and govern the use of the Platform.
ii) The Platform herein is an online portal meaning the website operated by XXX under the trading name XXX and the Mobile Application under the name XXX.
iii) The platform may also be referred to as ‘us’, ‘we’, or ‘the platform’, all terms used throughout interchangeably in these terms & conditions.
iv) Use of the Platform is conditional upon your acceptance of these terms. If you disagree or object to any of the terms herein you shall forthwith discontinue use of the Platform.
v) Investors are to enter into a further ‘Investment Agreement’, as and when stipulated in the Platform or through the valid links/emails and communications sent only through/from the Platform.
vi) These Terms and Conditions are an electronic record within the meaning of Information Technology Act, 2000.
vii) Your continuous use of Platform will constitute that you have read, understood and agreed to the Terms and Conditions and any omission to read any clause in the Terms and Conditions shall not exempt you from any liabilities whatsoever. (whether legal or otherwise).
B. User
Throughout these Terms, the term “User”, “Users”, “you,” “your” ,“yours” (and similar terms) shall be deemed to refer to (i) any individual accessing the Site, as well as (ii) any entity or other organization (a) on behalf of which such individual has accessed or attempted to access the Site or appears to The Platform to have accessed or attempted to access the Site, or (b) that such individual otherwise represents (whether in the individual’s capacity as an officer, director, employee, representative, agent or otherwise) or appears to the Platform to represent
C. Eligibility to Contract:
All users hereby covenant that they are eligible to contract as
stipulated in section 11 of the Indian Contract Act, 1872.
D. Disclaimer
i) This Platform does NOT seek or solicit investments from the Public at large. This Platform is not authorized by Securities and Exchange Board of India (SEBI) to Solicit Investments nor is a SEBI authorized crowdfunding Platform or Stock Exchange or its equivalent.
ii) This Platform is not acting as an investment adviser, and does not provide investment, financial, legal or tax advice, and no information, services, or materials offered by or through the Platform shall be construed as such. Investors should consult with their investment fiduciary or other market professional, and legal, tax or other advisers before making any investment in any security, fund or other investment, regarding the appropriateness of investing in any of the securities or investment strategies discussed on or through the Platform. Nothing herein should be construed to be an endorsement by the Platform of any specific company or products or as an offer to sell or a solicitation to buy any security or other financial instrument or to participate in any trading strategy. Opinions, where and when expressed, are subject to change without notice. All index information, investment returns or performance data (past, hypothetical or otherwise) are not necessarily indicative of future returns or performance. Before an investment is made in any security, fund or investment, the user or investor shall make an independent and uninfluenced decision to do the same and the Platform shall not be held liable for enticing or luring the User into the same.
E. User is aware, acknowledges and agrees as follows :
i) That, use of the Platform is at the sole discretion and risk of the User and the Platform or any of its entities , neither on joint or several basis shall be held liable/responsible for any losses/damages of whatever kind incurred or borne by the User.
ii) That, the right to admission is reserved with the Platform, Platform reserves the right to remove or reject any user anytime.
iii) That, Platform in order to advance its services will offer attractive opportunities for investments and otherwise but the Platform does NOT offer any guarantees or assurances whatsoever.
iv) That, it shall be within the sole discretion of the Platform to accept and reject any offers/investments/registrations/details provided by any of its Users or Investors if the Platform suspects or has reason to believe that the same is fraudulent, misleading, incorrect, false or deceitful, in the sole opinion of the Platform and the User /Investor shall be bound by the opinion and decision of the Platform and shall not object/challenge the same.
v) That, User shall only create accounts for themselves , nonetheless , any User that creates and / or operates an Account in the name of and for and on behalf of another person, represents that (i) he/she/it is the rightful representative of the other person in whose name he/she/it has created and / or operates the Account in question, and (ii) has been duly authorised to create and / or operate the Account in the name of and for and on behalf of such third party and the Platform shall not made be responsible for any act/omission of the User as against said third party.
vi) That, by accessing the Platform and / or creating and / or operating an Account, Users agree and undertake to abide by the Terms and Conditions at all times. Users who use the Platform or operate an Account shall be deemed to have read and understood the Terms and Conditions, the Risk Warnings, the Disclaimer and the Privacy Notice and declared their consent thereto. Any User who does not agree to be bound by these Terms and Conditions, the Risk Warnings, the Disclaimer and the Privacy Notice shall not use the Platform nor maintain or operate an Account.
vii) That, the Platform retains the right to edit, disable or cancel any Account or disentitle any User from using the Platform , in the event that the Platform suspects or has reasons to believe that the acts or omission of the User is/are in breach of these Terms of Conditions or any other applicable laws .
viii) That, the Platform retains the right to amend these Terms and Conditions as and when it deems fit and at its sole discretion. Upon amending these Terms and Conditions, the Platform shall cause an alert notification to be made on the Website automatically upon the first login on the Website by each User following any such amendment to the Terms and Conditions. Users who continue to use the Website and / or have an account opened in his/her/its name and/or operate an Account after an amendment to these Terms and Conditions and after having received such alert notification, shall be deemed to be fully aware of the revised Terms and Conditions and shall be bound by such revised Terms and Conditions.
ix) That each User warrants and undertakes that his/her/its use of the Platform and / or the opening and / or the operation of an Account and / or the participation in any transaction in connection with the Platform is not contrary to any applicable law or regulation in his/her/its jurisdiction or would subject the Platform to any supervision and / or registration and /or licensing requirements in such jurisdiction.
x) That, the personal liability of the officers and employees of the platform is limited and the user shall NOT bring any claim personally against any officers or employees in respect of any losses suffered in connection with the Platform or these Terms and conditions.
xi) That, if you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.
xii) That, if You use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms and conditions, the Platform has the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
xiii) That, your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify the platform promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
xiv) That, the platform shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform.
xv) That, if You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences there of that when You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
xvi) That, the platform does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
xvii) That, you will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication.
xviii) Payment
a) While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
b) Lack of authorization for any transaction/s, or Exceeding the preset limit mutually agreed by You and between "Bank/s", or
c) Any payment issues arising out of the transaction, or Decline of transaction for any other reason/s
d) All payments made against the purchases/services investments on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
xix) That, we may revise these Terms from time to time, without prior notice to you, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Platform and will be effective immediately after such posting and we recommend that you periodically check these Terms on the Platform for such revised terms. Your continued use of the Services and/or the Platform will be deemed to constitute your acceptance of any and all such revised terms.
xx) That, Limitation of Liability
IN NO EVENT SHALL THE PLATFORM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
F. Membership and Registration
i) The User shall be bound by these terms and conditions whether or not it registers on the Platform and becomes a member/investor.
ii) That in order to access certain content, services, products or benefits on the Site, you may be asked to register and create an account on the Site in order to become a registrant (a “Registrant”). By applying to become a Registrant and obtaining the Products, you represent that you are eighteen (18) years of age or older. As part of the application process to become a Registrant, you must click to agree to these Terms, and will then be asked to select a user name and password. You are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password. Your request for registration will not be effective until approved by the Platform , which may be accepted or rejected by the Platform in its sole and absolute discretion, for any reason whatsoever, or for no reason. In order to become a Registrant you may be required to provide the Platform with certain information about yourself, including without limitation some types of personally identifying information, such as your name, address, email address and bank or credit card information. You may terminate your account at any time by contacting us at ……………….; however, you will remain liable for any and all payments due for any charges made to your account
G. Proprietary Rights and Platform Material
As between any user of the Platform, the Platform owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation, Products and other material on, in or made available through the Platform, including but not limited to index averages, prices, quotations, news articles and illustrations (collectively, the “Platform Material”). As between any user and the Platform, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Platform are proprietary to the Platform or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and will lead to infringement and violation as contemplated under the Trade Marks Act, 1999. Under no circumstances will you have any rights of any kind in or to the Platform, other than the right to use the Platform in accordance with these Terms.
H. Unauthorized Activities
You are responsible for all charges incurred under your account as a Member on the Platform , whether made by you or another person using your account, whether or not authorized by you. You agree that you will not use the Platform for (a) any illegal or unauthorized purposes that violate any laws; (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with the Platform; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other user of the Site who has requested not to be contacted; (e) stalking or harassing anyone; (f) posting non-local or otherwise irrelevant User Content (as defined below) or otherwise impose an unreasonable or excessively great amount of User Content on the Site; or (g) attempting to gain unauthorized access to the Platform’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Platform or any services provided through the Platform . You agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Platform or otherwise use the Platform in any way for any purpose without prior written approval from Platform . You acknowledge and agree that the unauthorized use of the Platform could cause irreparable harm to Platform and that in the event of such unauthorized use, the Platform shall be entitled to an injunction in addition to any other remedies available at law or in equity.
I. Warranty
Platform and its affiliates are not responsible for and do not guarantee the accuracy or completeness of any Product, Site Material, User Content, links, advertisements or other items contained within the Site. You agree that you alone or together with your advisers must evaluate and bear all risks associated with the use of the Platform, any Product, the Platform Material or Platform Content.
J. Availability
The Platform uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site may be interrupted or unavailable. The Platform will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we the Platform not be liable to you for any modification, suspension or discontinuance of the Platform, the Platform Material, or the User Content. You understand that the technical processing and transmission of any Platform content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that the Platform does not guarantee that any information sent from the Platform will be secure during transmission, nor can the Platform guarantee the confidentiality of any communication or material transmitted to the Platform via the Site or the Internet, including, for example, personal information such as your name or address.
K. Liability
i) All information, content, materials, products (including software) and Services included on or otherwise made available to you on or through the Platform are provided on an “as is” without any implied or express representations or warranties, and other terms which might otherwise be implied by statute, common law or the law of equity including, but not limited to, implied warranties of merchantability, suitability and fitness for a particular purpose.
ii) The Platform does not warrant that the information, content, materials, products (including software) or other Services included on or otherwise made available to you on or through the Platform, its affiliates, suppliers, content providers and advertisers), Platform servers or electronic communications sent by are free of viruses or other harmful components.
iii) The Platform shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for business losses, loss of contracts or business relationships, profits, data, database, software or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failure of the Platform and any materials posted thereon, products (including software) or other Services or otherwise made available to you on or through the Platform, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
iv) Without prejudice to the generality of the foregoing paragraph, the Platform does not warrant or represent:
i. the completeness or accuracy of the information published on the Platform;
ii. that the material on the Platform is up to date;
iii. that the Platform or any Service on the Platform will remain available.
2. You understand and acknowledge that an investment in real estate assets is speculative in nature and involves a high degree of risk, including the risk of loss of capital. An investment in real estate asset is suitable only for sophisticated investors who fully understand and are capable of bearing the risks of an investment in real estate assets. An investor should only invest in real estate assets as part of an overall investment strategy, and only if the investor is able to withstand a total loss of its investment. No guarantee or representation is made by us that you will achieve your investment objectives or will receive a return of your capital.
3. You confirm and acknowledge that by registering on the Platform, you authorize and consent to the Platform sending promotional and marketing content to you through emails, phone calls, short message service or other electronic and non-electronic mode of communication, and no such communication shall be deemed to be in violation of law relating to unsolicited commercial communication.
4. You accept that we have an interest in limiting the personal liability of our officers and employees to the extent permitted by law and, having regard to that interest, you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Platform or these Terms of Use.
5. We make no representation or warranty regarding the Platform:
I. meeting your requirements,
II. being accurate or reliable;
III. being accessible in an uninterrupted, timely, secure or error-free manner.
6. Access to and use of the Platform by you is contingent on your internet connection and we shall not be held liable for any loss that occurs due to breaks in your internet accessibility.
7. In the event that the Platform or any portion thereof is not accessible due to technical problems or for any other reason, Users are not entitled to claim any loss or damage from us, and we are not obligated to compensate any such User.
8. If you are dissatisfied or harmed by the Platforms or anything related to it, your sole remedy shall be to terminate these Terms of Use by closing your account on the Platform.
L. Governing Law and Jurisdiction
These Terms supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied. These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of the India and any dispute arising out or in connection with the use of the Platform shall be exclusively tried by the Courts at Chennai, India.
M. Miscellaneous
i) The Platform is controlled and operated from and within India. Notwithstanding anything else herein to the contrary, the Platform makes no representation that the Site, Site Materials, User Content, Services, Products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of the Platform to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms.
N. INDEMNITY
You shall defend, indemnify and hold harmless the Platform , its partners, director(s), officers, agents, representatives, employees, successors, assigns and affiliates from and against, without limitation, all claims, demands, actions, suits, judgments, losses, damages, fines, expenses and costs, including legal fees, arising in connection with this Agreement or your use of the Platform, including, without limitation, as a result of:
a) Any breach of this Agreement by you;
b) Any third party claim or dispute between you and any third party; or
c) Any violation of applicable laws or regulations; or
d) Any act or omission by you which create any civil or criminal liability.
This indemnity clause shall be applicable whether or not the Platform is in operation and shall survive the Platform and the Terms and Conditions herein.