Terms of Use
- “Applicable Law(s)” means all statutes, enactments, acts of
legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, policies,
directions, directives and orders as such are in effect as of the date hereof or as may be amended,
modified, enacted or revoked from time to time hereafter or other governmental restrictions or any
similar form of decision of, or determination by any government, statutory authority, tribunal, board,
court having jurisdiction over the matter in question in India;
- “AIF(s)” shall mean a SEBI registered Alternative Investment
Fund;
- “Affiliate(s)” shall mean such external third party, regulated
or non-regulated entities, non-banking financial companies which may be notified from time to time with
whom the Company has any contractual collaboration, as updated from time to time;
- “OTP” means the unique one – time password as per Clause
(VI)(ii);
- “Products” shall include any primary or secondary investments
into start-ups that are facilitated through a SEBI registered AIF, employee stock option pool,
peer-to-peer lending, mutual fund analytics, as well as any other product or asset class as may be
introduced from time to time;
- "Pull Back Right” shall have the meaning ascribed to it under Clause III(ii);
- “Registration Data” means the data requested by the Platform as
per Clause (V)(iii);
- “Registered User” shall mean such person and / or entity that
has successfully completed the process of login as per Clause VI;
- “SEBI” shall mean the Securities and Exchange Board of India;
- “Third-Party Products” shall mean investments in the scheme(s)
of the AIF, or transactions in products of Affiliates or such products as amended by the Company from
time to time;
- GENERAL
- This document is an electronic record in terms of the Information Technology Act,
2000 (“Act”) and the rules framed thereunder. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
- This document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries Guidelines) Rules, 2011 (“Rules”) that require
publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the mobile
application“Infinyte Club” and Website “Infinyte club”.
- Infinyte Club Private Limited (“Company”) is a private limited
company having its registered office at No. 372, 100 Feet Road, Indiranagar HAL 2nd Stage, Bangalore,
Karnataka –560038 (hereinafter referred to as “We”, “Us”,
“Company” or “Our” which expression shall mean and include its
affiliates, successors and permitted assigns).
- Your (“You” or “Your” or
“User”) use of the Platform (defined below) is subject to the notices, terms and
conditions set forth in these Terms of Use. The domain name Infinyte club and the mobile application by
the name Infinyte Club consisting of the Products (“Platform”) is owned by the Company.
Your use of the Platform is governed by the following terms and conditions(“Terms of
Use”) as applicable to the Platform including the applicable policies which are incorporated
herein by way of reference.
- The Platform, owned and operated by Infinyte Club Private Limited, a company duly
incorporated under the Companies Act, 2013, facilitates Users/Participants in discovering opportunities,
including but not limited to, transactions involving investment in equities of startups. The Platform
provides a mechanism for Users/Participants to engage in borrowing or lending activities through
Affiliates, and also permits Users to view or engage in transactions pertaining to any other asset class
as may be introduced periodically.
- The Platform is an execution – only platform to access curated market - linked as
well as non – market linked alternative investment opportunities across the entire risk – reward
spectrum along with facilitating credit facilities that best cater to a User’s wealth creation.
- The Company enables its Users to transact in Third-Party Products, subject to KYC
and other checks as per Applicable Laws pursuant to which the Affiliates reserve the right to allow or
disallow a User from availing Third-Party Products.
- As per Applicable Laws, User is permitted to invest only up to Rs.10,00,000/-
(Rupees Ten Lakhs Only) across all peer - to - peer platforms in India without furnishing a net worth
certificate from a Chartered Accountant and accordingly, the amount that a User may invest via the
Company is limited to Rs.10,00,000/- (Rupees Ten Lakhs Only). Upon analysis of the Chartered
Accountant’s certificate, the Company or its Affiliates's may, in keeping with Applicable Laws,
permit the User to invest beyond Rs.10,00,000/- (Rupees Ten Lakhs Only), at its sole discretion,
provided that in aggregate the User’s peer - to - peer investments shall not exceed Rs.50,00,000/-
(Rupees Fifty Lakhs Only).
- By mere use of the Platform, You agree to be subject to the applicable rules,
guidelines, policies, terms, and conditions and the same shall be deemed to be incorporated into this
Terms of Use and be considered as part and parcel of this Terms of Use.
- ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR ACCEPTANCE OF
ALL THE TERMS AND CONDITIONS IN THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
PROCEEDING. YOU DECLARE YOUR WILLINGNESS TO ABIDE AND BE BOUND BY THESE TERMS OF USE THROUGH YOUR USE OF
THE PLATFORM. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE PLATFORM.
- These Terms of Use will be effective immediately upon Your acceptance of Our
terms and conditions, Your use of Our Platform being indicative of such acceptance. These Terms of Use
shall be enforceable, in the same manner as any other written agreement.
- PRODUCTS
- The Products shall be governed by such separate terms and conditions and such
specific agreements as entered into between the relevant parties. The Company has the right to include
more products under the ambit of this Terms of Use, from time to time. The User shall be updated of such
addition of products by way of a notification and / or electronic mail.
- PLATFORM
- You cannot access the Platform without registering for an account. To
use the features, You will need to register and create a profile with accurate and complete information.
Your profile must be your own or of a person or, an entity You are entitled to represent, and You shall
not use or provide any information or upload any document that is offensive or that violates any third
party’s rights.
- REGISTRATION CRITERIA
- In case of a natural person, such person must be above the age of 18 (Eighteen),
of sound mind and must be eligible to enter into a contract as per the Indian Contract Act, 1872. In
case of a legal entity, such entity must be validly registered and existing under the laws of India and
must have the authority to enter into this Terms of Use with the Company.
- The Platform and the services therein are intended only for registered Users who
have completed the registration process, the KYC (Know-Your-Customer) requirements and any additional
asset specific requirements that may be necessitated for any class of assets set out on the Platform.
- A User must agree to become a member of the Platform by providing Registration
Data (as set out on the Platform) while registering on the Platform and accept these Terms of Use. The
use of the Platform is offered to You and is conditional on Your acceptance and consent of all the
terms, conditions and notices contained in these Terms of Use. Upon acceptance, these Terms of Use will
be effective and binding upon You along with any amendments made by the website at its sole discretion
and posted on the Platform and You will not claim invalidity of these Terms of Use merely on the grounds
that these terms are being concluded electronically.
- PROCESS OF LOGIN
- Upon completion of the registration process, as per the registration criteria
under Clause (V), the User will be allocated a unique identification username (“User
ID”) to become a Registered User.
- You will be required to enter the unique one – time password
(“OTP”) received on Your email and /or phone to authenticate each time You access the
Platform.
- You will be solely responsible for all activities that occur under Your User ID
and the account thereunder. The Company will not be liable to any person and / or entity and / or
governmental authority for any loss or damage which may arise as a result of any failure by the User to
protect their User ID and/or the OTP.
- The Company reserves the right to refuse service, terminate accounts, or remove
or edit content in its sole discretion.
- The Company reserves the right to transfer and use the Registration Data as well
as all information provided by the User, upon request, across all asset classes including but not
limited to Mutual Fund Analytics, Pool, Fuel and any other asset class as may be introduced from time to
time and among all products of the Company including Infinyte Owners, Infinyte Club and other products
as may be introduced from time to time.
- RISK DISCLOSURE
- No endorsement of securities. The Company does
not endorse and / or promote any of the opportunities that appear on the Platform. The Company does not
make any recommendations regarding the same to any User of the Platform. Any dissemination of
information and / or knowledge of various assets /securities for transaction does not constitute an
offer by the Company to sell, solicit or make an offer to participate in the opportunities.
- No advice. The Company does not provide or offer
any business advice, investment or transaction advice, tax advice or legal advice to anyone using the
Platform or its Services. No information or knowledge provided on the Platform shall be construed and /
or interpreted as such advice. No person and / or entity, under any circumstances, should make any
transaction decision(s) based solely on the information provided on the Platform.
- No crowd – funding and / or fundraise platform or stock
exchange. Nothing contained on the Platform should be construed as either an authorization by
SEBI to solicit investments, or an advice on investment or transaction. The Company and / or the
Platform should not be construed as a SEBI authorized crowdfunding platform or a fundraising platform,
or a stock exchange recognised by the Securities and Exchange Board of India under the Securities
Contract (Regulation) Act, 1956, or any other Applicable Laws.
- Unlisted Securities. The securities displayed on
the Platform are not traded on any stock exchange recognised by SEBI.
- High Risk Investments. An investment in
securities is inherently speculative in nature and involves a high degree of risk, including the risk of
loss of capital. Any such transaction is suitable only for sophisticated investors who are familiar
with, fully comprehend and are willing to accept high risk, and have carefully read all relevant offer
documents. No assurance is given by the Company that Users of the Platform will achieve their
transaction objectives and / or will receive a return of their capital.
- No representations. The Company makes no
representation, warranty and / or guarantee as to the quality, accuracy, completeness, performance, or
fitness of any alert, article, view, video, information, advice, tool, calculator, analysis, report,
data, content news, price, statistic, comment, feedback, etc., provided on, or through the Platform. The
details of assets/ securities, information, reports and services provided on / through the Platform are
for general guidance and information purposes only, and they do not, in any manner, indicate any
assurance or opinion whatsoever. The information, reports and services are dependent on various
assumptions, individual preferences, and other factors. Thus, the results or analyses cannot be
construed to be entirely accurate and should not be solely relied on for making transaction decisions.
The Users of the Platform shall make their own independent investment / financial / transactional
decision at their own discretion based on their independent research and evaluation. The information,
reports and analysis are meant for general information and knowledge only.
- Risk on forward - looking terms. The Users
understand and acknowledge that past performance is not indicative of future results and there can be no
assurance that the arrangement described herein will achieve its goals. Certain information contained
herein constitutes “forward looking statements” which can be identified by the use of forward-looking
terminology, because of various risks and uncertainties, actual events or results or actual performance
may differ materially from the events, results or performance reflected or contemplated in such
forward-looking statements. As a result, the User of the Platform should not rely on such
forward-looking statements.
- Risk on Transactions.
- The Company only provides technological services to the User, without providing
any advice, direction or undertaking any management or administration of a portfolio.
- The Company only assists with leads for prospective buyers of assets held by the
User on the Platform, and does not provide any analysis, advice or direction on a particular buyer or
financial product or facilitates such transactions in any manner whatsoever.
- The Company does not allow any secondary market trading of securities on the
Platform.
- DISSEMINATION OF INFORMATION AND KNOWLEDGE
- You confirm and acknowledge that the Company is authorised to send the
relevant information and knowledge to its Registered Users, 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 unsolicited commercial communication and / or in violation of any Applicable Laws.
- PROHIBITED USE
- The Platform may be used only for lawful purposes. The Company
specifically prohibits any use of the Platform for, and You agree not to use the Platform for, any
unlawful and / or fraudulent purposes, including but not limited to the following purposes:
- Modifying, publishing, storing, transmitting, distributing, displaying,
performing, participating in the transfer or sale of, creating derivative works on, or in any way
exploiting, any of the copyrighted material contained on the Platform, in whole or in part, without Our
prior written consent.
- Subleasing, leasing, selling, assigning, transferring, distributing, renting,
permitting concurrent use of, or granting other rights in the content and any material and documentation
provided on the Platform by other users or the Company to any third party.
- Providing use of the content in a computer service business, network, time
sharing, interactive cable television, multiple CPU or multiple or concurrent User arrangement to Users
who are not individually licensed by the Company or otherwise exploiting any portion of, the use of or
access to the content or the materials or documentation provided on the Platform in contravention of
these Terms of Use.
- Defame, libel, disparage, threaten, harass or intimidate anyone or otherwise
violate the personal, privacy, contractual, intellectual property or other rights of any person,
including by the use of offensive comments related to race, national origin, gender, sexual preference
or physical handicap.
- Submit any content or material that falsely expresses or implies that such
content or material is sponsored or endorsed by the Company .
- Sell access to the Platform or any part thereof other than through a mechanism
expressly approved by the Company.
- The Company may also place additional fair use restrictions including
restrictions on concurrent connections and time of usage.
- SECURITY
- You are prohibited from violating or attempting to violate the security of the
Platform, including, without limitation:
- accessing data not intended for You or logging into an account which You are not
authorized to access,
- attempting to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization,
- interfere with service to any user, host, or network.
- You shall not misuse this Platform by knowingly introducing viruses, trojans,
worms, logic bombs or other materials that are malicious or technologically harmful (together
“Viruses”). You must not attempt to gain unauthorized access to our Platform, the
server on which the Platform is stored or any server, computer or database connected to this Platform.
You must not attack this Platform via a denial-of-service attack. Further, You shall not interfere with
or circumvent any security feature of the Platform or any feature that restricts or enforces limitations
on use of or access to the Platform, such as probing or scanning the vulnerability of any system,
network or breach.
- By breaching the provisions of this Clause (X), You may be liable to be
prosecuted under the Information Technology Act, 2000 and any other Applicable Law. We will report any
such breach to the relevant law enforcement authorities and We will cooperate with such authorities by
disclosing Your identity to them. In the event of such a breach, Your rights to use this Platform will
cease immediately.
- We will not be liable for any loss or damage caused by a denial-of-service
attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary
material due to Your use of this Platform or to Your downloading of any material posted on it, or on any
Platform linked to it.
- You agree to immediately report to Us all incidents involving suspected or
actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
- You shall not interfere with or disrupt (or attempt to interfere with or
disrupt) access and enjoyment of the Platform of other Users or any host or network, including, without
limitation, creating or transmitting unwanted electronic communications such as “spam” to other Users,
overloading, flooding or mail-bombing the Platform, or scripting the creation of content in such a
manner as to interfere with or create an undue burden on the Platform.
- You are prohibited from reverse engineering, decompiling, reverse assembling,
modifying or attempting to discover or copy any software, source code or structure that the Platform
utilizes to generate web pages or any software or other Products or processes accessible through the
Platform.
- All actions performed by any person using Your account and password shall be
deemed to have been committed by You and You shall be liable for the same. The Company reserves the
right to suspend/terminate Your account at any time if it is found that You have been sharing the
password with any unauthorized User.
- In order to reduce the risk of unauthorized access, all accounts maintained with
Us through the Platform are locked after multiple incorrect login attempts. In the event of such
lockout, You can email the administrator at [email protected]
and the account shall be unlocked upon receipt of Your email. You can also request for a password reset
on our website through the ‘forgot password’ option on Our Platform.
- MISCELLANEOUS
- Governing Law. This Terms of Use shall be
governed by and construed in accordance with the laws of India.
- Assignment. You cannot assign or otherwise
transfer Your rights or obligations under these Terms of Use to any affiliate and / or third party
without the prior consent of the Company.
- Severability. If any provision of this Terms of
Use is held to be illegal, invalid, or unenforceable under any present or future Applicable Law (a) such
clause or part thereof shall be fully severable; and (b) the remaining provisions of this Terms of Use
shall remain in full force and effect and shall not be affected by the illegal, invalid, or
unenforceable provision or by its severance here from to the extent permissible under Applicable Law.
- Notices. All notices and other communications
required or permitted hereunder to be given to a party will be in writing, in the English language, and
will be sent by way of e-mail, or mailed by prepaid internationally – recognized courier or otherwise
delivered by hand or by messenger,addressed to such party’s address as set forth below or at such other
address as the party will have furnished to the other party in writing in accordance with this
provision.
For Infinyte Club: [email protected];
For
User: Such address provided by the User on the Platform.
- Changes to Terms of Use. The Company reserves
the right to update (change, modify, add and/or delete) these Terms of Use from time to time, at the
sole discretion of the Company. The changes will reflect company initiatives, changes in the law or
technology or changes in the Company's practices.When we update these Terms of Use, we will
intimate You of the amendments on Your email address and / or on the Platform. If You do not agree to
the amendments, please do not use the Platform any further. Your continued use of the Platform following
the posting of changes will mean that You accept and agree to the revisions.
- Indemnity. The User agrees to indemnify and hold
harmless the Company, its affiliates, third – parties Affiliates with the Company and their respective
shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs
and expenses, claims or demand, made by any third party arising out of; (a) the User’s breach or
non-performance of the terms of these Terms of Use or, (b) the documents incorporated by reference
between the Company and the User or, (c) the User’s violation of any Applicable Laws or, (d) the rights
of a third party or (e) the documents uploaded by the User.
- The User may enter into a Contribution Agreement and/or other such documents as
an investor, to utilise the Services of the Company. The User agrees to indemnify and hold harmless the
Company, its affiliates, third – parties associated with the Company and their respective shareholders,
officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses,
claims or demand, made by any third party arising out of or incurred due to any investments or
transactions made by them through the Platform or facilitated by the Platform under such schemes of the
alternative investment fund.
- Scope. These Terms of Use shall be read in
consonance with any other agreement entered between the User and the Company. Notwithstanding anything
to the contrary in this Terms of Use, in the event of a discrepancy between this Terms of Use and such
agreement between the User and the Company, the provisions of such agreement will prevail to the extent
of the discrepancy.
- Newsletter. If You wish to subscribe to Our
newsletter(s) or receive notifications or e-mails from Us, We will use Your name and latest e-mail
address provided by You in this regard. Notwithstanding, You may choose to stop receiving Our
newsletters by following the instructions to unsubscribe as included in these emails or You can contact
Us at [email protected].
- REPRESENTATIONS AND WARRANTIES
- You hereby represent and warrant:
- That You have the right, authority, and capacity to enter into this Terms of Use
on Your own behalf and on behalf on any entity for whom You are acting and to abide by all of the terms
and conditions contained herein including uploading documents, and that if any aspect of Your
participation violates provisions of the law to which You are subject, You will cease using the Services
and close Your account;
- That You are at eligible as per Clause (V) of this Terms of Use;
- That You shall not use a false name or email address owned or controlled by
another person with the intent to impersonate that person or for any other reason;
- That You shall not use a User ID name that is subject to any rights of a person
other than Yourself without appropriate authorization;
- That You shall comply with the terms and conditions stipulated in this Terms of
Use;
- That You shall be solely responsible for maintaining the confidentiality of Your
password;
- That all the representations made by You to Us including in accordance with
these terms and conditions are true, correct and complete and that You will update your registration
information with the Company as needed so that it remains true, correct and complete;
- That You will conduct yourself in a professional manner in all your interactions
with any other User, the Company, their respective members, employees and officers and shall not defame,
harass, intimidate, threaten, disparage, libel or otherwise make false statement concerning any of the
aforesaid persons in the course of Your interactions with them or third parties;
- That Your usage of the Platform will not, in any manner, directly or indirectly,
violate terms of any contractual arrangement binding on You. Further, You agree not to use the Platform
in a manner that results in an event where You may experience a conflict of interest such as with an
entity in which You are currently holding shares; You are a director or a key employee or You exercise
significant influence;
- That You shall cooperate in good faith with other Users, fellow shareholders in
the startup, the Company and its personnel, and their respective employees and officers to give effect
to and honour the terms of any contract entered into between You and such persons, whether or not
executed through the Platform.
- That You have requisite authority and permissions to share any information and
that rights of any third parties are not breached or infringed by Your sharing any information with the
Company.
- INTELLECTUAL PROPERTY
- This Platform is operated by and is the sole property of the Company. Any and
all material on this Platform, including images, illustrations, audio and video clips, trade names,
proprietary information and knowledge, technology, databases, or rights with respect thereto necessary
for Our business as is now being operated are protected by copyrights, trademarks, and other
intellectual property rights that are owned by Us or by other parties that have licensed such material
to Us, or such parties having ownership of content uploaded on the Platform. You agree that any and all
material displayed on the Platform is solely for Your personal use and You shall not, whether directly
or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any
manner and through any media including by way of e-mail or other electronic means and You shall not
assist any other person in doing so. Modification of the said materials or use of the materials on any
other Platform or networked computer environment or use of the materials for any purpose other than
personal use is a violation of the said copyrights, trademarks and other intellectual proprietary
rights, and is expressly prohibited. The Company grants to You a temporary, non-exclusive, revocable,
non-transferable limited licence to use the Platform for Your own use. All right, title, and interest in
and to the Platform (excluding content uploaded specifically by a User) is and will remain the exclusive
property of the Company and/or its licensors.
- You agree that these Terms of Use, do not entitle You to any support, upgrades,
updates, add-ons, patches, enhancements, or fixes for the Platform (“Updates”). We may,
however, occasionally provide automatic Updates to the Platform at Our sole discretion (and without any
advanced notification to You). Any such Updates shall become part of the Services and subject to these
Terms of Use.
- From time to time, we test various aspects of our Platform, including our
website, user interfaces, service levels, plans, features, availability of content, delivery, and
pricing, and we reserve the right to include You in or exclude You from these tests without notice.
- The Company shall have no obligation to monitor or enforce any intellectual
propertyrights that may be associated with the content provided by You on the Platform.
- If You are a copyright owner or an agent thereof and believe that any content on
the Platform infringes upon Your rights, You may contact the below mentioned and provide details
requested in regards to such infringement.
- Level One
- Ms. Ankita Tandon
[email protected]
- Level Two
- Ms. Joylita
Saldanha
[email protected]
- SYSTEM LIMITATIONS AND FAILURES
- We use internally developed systems for providing You access to and
facilitating Your use of the Platform. These systems may encounter technical or other limitations, and
computer and communications hardware systems might experience interruptions. Further, We continually
enhance and improve these systems in order to accommodate the level of use of the Platform. We may also
add additional features and functionality to Platform that might result in the need to develop or
license additional technologies. Increased utilization of the Platform or providing new features or
functionality may cause unanticipated system disruptions, slower response times, degradation in levels
of customer service, and delays in reporting accurate financial information. You agree that We shall not
be liable to You or to any third party claiming through You, for any such failures contemplated herein.
- PRIVACY AND CONFIDENTIALITY
- Your use of the Platform is governed by Our Privacy Policy, which can be located
at [Privacy
Policy].
- Please read Our privacy policy to understand Our information collection and
usage practices. You may obtain certain confidential information, including without limitation,
technical, contractual, product, pricing, business related functions, activities and services, customer
lists, knowledge of customer needs and preferences, business strategies, marketing strategies, methods
of operation, markets and other valuable information that should reasonably be understood as
confidential (“Confidential Information”). You acknowledge and agree to hold all
Confidential Information in strict confidence. Title and all interests to all Confidential Information
shall be vested in Us. Your obligations regarding Confidential Information will survive the termination
of these Terms of Use. Upon such termination, You must stop forthwith using any Confidential Information
to which You may have been exposed in due course of Your use of the Platform.
- You agree that Your obligations under this Clause XV are necessary and
reasonable in order to protect Our business and expressly agree that monetary damages would be
inadequate to compensate for any breach of any covenant or agreement set forth herein. Accordingly, You
agree and acknowledge that any such violation or threatened violation will cause irreparable harm and
injury to the Company and that, in addition to any other remedies that may be available, in law, equity
or otherwise, the Company shall be entitled to obtain injunctive relief against the threatened breach of
the terms of this Clause or the continuation of any such breach.
- The restrictions in this Clause XV shall not apply to disclosure of Confidential
Information by eitherparty if and to the extent the disclosure is:
- required by the Applicable Law of any jurisdiction,
- required by any applicable securities exchange, supervisory or regulatory or
governmental body to which the relevant party is subject or submits, wherever situated, whether or not
the requirement for disclosure has the force of law,
- made to employees and representatives on a need to know basis, provided that
such persons are required to treat such information as confidential through written agreement in terms
which are no less strict than this Clause.
- made to fellow Users present in Your list of contacts upon your request of Our
Services including but not limited to analysing mutual fund portfolios using predetermined metrics,
enhancing tracking and transaction facilities, only after obtaining Your express consent, which
necessitate the disclosure of such Confidential Information, provided that such Users are required to
treat such information as confidential through agreement in terms which are no less strict than this
Clause.
- Provided that, restriction in this Clause shall not apply to disclosures
of Confidential Information made by the Company to its shareholders, directors, managers, potential
investors and/or Affiliates. Provided further that the Company may disclose the Confidential Information
to third party vendors and customers or pursuant to partnering arrangements without the restriction of
this Clause provided that such persons are required to treat such information as confidential through
written agreement in terms which are no less strict than this Paragraph.
- LINKS TO THIRD PARTY PLATFORM AND TOOLS
- The Platform may contain link/s to various other websites. These links are
provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not
owned by or belong to the Company, We shall not be responsible for the content, products and services
provided on such linked sites. We do not warrant or make any representations regarding the correctness
or accuracy of the content on such websites. If You decide to access such linked websites, You do so at
Your own risk. We do not in any way endorse the linked websites.
- Similarly, this Platform can be made accessible through a link created by other
websites. Access to this Platform through such link/s shall not mean or be deemed to mean that the
objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in
establishing such link/s to this Platform are necessarily the same or similar to the idea, concept, aim
or purpose of Our Platform or that such links have been authorised by Us. We are not responsible for any
representation/s of such other websites while affording such link and no liability can arise upon the
Company consequent to such representation, its correctness or accuracy. In the event that any link/s
afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and
concepts of this Platform, is utilised to visit this Platform and such event is brought to the notice or
is within the knowledge of the Company, civil or criminal remedies as may be appropriate shall be
invoked.
- Certain Members can connect their account on the Platform to other platforms
such as LinkedIn or any other third party websites. This feature requires You to accept and comply with
the terms of service and privacy policy of such third party websites. If You choose to connect, You will
be able to take advantage of various social features included as part of the Platform specifically for
the features available on such third party websites. In addition, the Company may personalise and
otherwise enhance Your experience based on Your information obtained from or through such third party
websites. By connecting your Company's account to your LinkedIn account or any other third party
accounts, You acknowledge and agree that You are consenting to the continuous release of information
about You to others, including to LinkedIn or any other third party (in accordance with Your privacy
settings on such third party and these Terms of Use). If You do not want information about You to be
shared in this manner, do not use the connect feature of LinkedIn or any other third party website. We
disclaim all warranties in relation to and all liabilities arising from any use of Your personal
information by LinkedIn or any other third party website.
- MONITORING
- All electronic communications and content presented and/or passed to Us,
including that presented and / or passed from remote access connections, may be monitored, examined,
saved, read, transcribed, stored, transferred or retransmitted in the course of daily operations by any
duly authorised employee or agent of the Company in the exercise of their duties, or by law enforcement
authorities who may be assisting the Company in investigating possible contravention / non-compliance
with applicable law.
- Electronic communications and content may be examined by automated means.
- The Company has the right to reject, at its sole discretion, from the Platform
any electronic communications or content deemed not to be in compliance with the corporate policies and
procedures of the Company.
- FOREIGN JURISDICTION
- The Company makes no representation that the content contained on the
Platform is appropriate or to be used or accessed outside of the Republic of India. You are expressly
notified that many states and foreign countries all have their own regulations that must be observed in
relation to Your use or access of the Platform. You must make Your own assessment regarding, and are
responsible for compliance with, regulatory requirements as may be applicable to Your use and access of
the Platform in such jurisdictions.
- NO OFFERS OR RELIANCE
- The Platform has been prepared solely for the purpose of information. The
information available on the Platform is for convenience of presentation and under no circumstances
should the Platform be used or considered as an offer to sell or the invitation or solicitation of an
offer to co-purchase any asset listed on the Platform. Before making a decision with respect to
co-purchasing assets, Users are advised to carefully read the related final documentation.
- THE COMPANY OPERATES AN EXECUTION – ONLY WEBSITE AND DOES NOT GIVE OR OFFER ANY
BUSINESS ADVICE, INVESTMENT OR TRANSACTION ADVICE, TAX OR LEGAL ADVICE TO ANYONE USING THIS WEBSITE.
ACCORDINGLY, USERS ARE ADVISED TO CONSULT WITH THEIR TAX, LEGAL AND FINANCIAL ADVISORS AND CARRY OUT
THEIR OWN DUE DILIGENCE WITH RESPECT TO CO-PURCHASING ANY ASSET OR INVESTING OR TRANSACTING IN ANY OTHER
OPPORTUNITY.
- Nothing contained on the Platform must be relied upon as a promise or
representation as to past or future performance. The Platform may contain forward – looking statements.
In some cases, You can identify forward-looking statements by terminology such as "may,"
"will," "should," "expects," "plans," "anticipates,"
"believes," "targeted," "projected," "underwritten,"
"estimates," "predicts," "potential," or "continue" or the
negative of these terms or other comparable terminology. These forward – looking statements include, but
are not limited to, statements concerning the company, property, risk factors, plans and projections.
Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or
will be important factors that could cause actual outcomes or results to differ materially from those
indicated in these statements. Neither the Company, the issuer nor any other person or entity assumes
responsibility for the accuracy and completeness of forward-looking statements. Users should conduct
their own due diligence and not rely on the financial assumptions or estimates that are displayed on the
Platform.
- Assets displayed on the Platform are not bank deposits, are not insured and are
not guaranteed by the Company, and may lose value.
- THIRD PARTY PRODUCTS / INFRASTRUCTURE
- The Company may make certain opportunities available to You for accessing
products offered by various third – parties and third party platforms where You can undertake
transactions into unlisted securities such as schemes operated by registered Alternative Investment
Funds (AIFs) or Affiliates and the Company does not act as an agent of such Affiliates, third-party
platforms, or investee entities including angel funds for soliciting transactions and the Company only
creates awareness for such investment opportunity which allows Users such as You to learn about such
investment opportunity and then undertake Your own independent research on whether such opportunity is
right for You.
- Transactions in such Third-Party Products may be inherently risky, illiquid and
carry the risk of losing some or all of the invested capital. The Company does not encourage,
discourage, advise, or deter anyone from undertaking such transactions and You should undertake Your own
independent research, and make an informed decision before undertaking any such transaction in any
Third-Party Products.
- Your transaction may be subject to such lock-in as may be provided in the terms
and conditions of such transaction and applicable laws including SEBI regulations.
- Any Third-Party Products made available on the Platform does not constitute
investment or transaction advice, recommendation, or tip by the Company to anyone. The Company does not
advise, encourage, or discourage anyone from transacting or not transacting in such Third-Party
Products.
- In certain cases, the Users may wish to deposit all funds in relation to the
Third-Party Products in escrow accounts for ease of operations. Such escrow accounts are opened by the
Company with a bank, and operated by an independent third-party escrow agent appointed by the Company,
for the purposes of receiving and distributing amounts from and to the Users; You acknowledge that all
financial transactions conducted by You using the Platform are conducted through a third party payment
gateway (“Payment Gateway”) and Your bank or financial service provider
(“Bank”), and You acknowledge that the Company shall not be held responsible for any
irregularity or failure in the completion of the such transactions which are attributable to the Payment
Gateway or the Bank.
- You agree that You can choose to invoke the Pull Back Right and request a refund
within 48 (forty eight) hours from the time of a successful transaction. Exceptions during the last 48
(forty eight) hours of the campaign: no refunds will be processed if the campaign is set to end in 48
(forty eight) hours.
- Transacting in Third Party Products listed on Our platform is Your independent
decision and as such You can choose to withdraw from transaction: (a) any-time before making payment; or
(b) where investment has already been made, post completion of any lock-in period as per the terms of
the relevant investment and applicable laws.
- Your mere browsing of our Platform, perusal of Third Party Products listed or
showing interest to transact in Third Party Products listed on Platform does not create any contractual
right / obligation whatsoever.
- KEY USER COVENANTS FOR USERS OF THIRD PARTY PRODUCTS
- When You agree to transact in Third Party Products of Affiliates of the Company.
You agree and acknowledge that the Company’s role is limited to generating leads and facilitating
communication with the Affiliates. You acknowledge that the Company shall not be providing any
transaction services to You directly.
- You agree and acknowledge that the Company does not include any guarantee of any
return on Your transaction.
- You agree and acknowledge that as a part of the Company’s lead generating
process, You may be subject to KYC, bank account and other checks. You further consent and acknowledge
that the data shared by You shall be shared with Affiliates.
- By completing the onboarding journey only for Peer-toPeer Lending (Fuel), You
agree and acknowledge that You have accepted the terms of any lender onboarding agreement linked during
the process and that such lender onboarding agreement shall govern Your relationship with the
Affiliates.
- You agree and acknowledge that the funds transferred by You by using the asset
class titled “Fuel” shall be lent to borrowers in accordance with Your instructions as set out in the
lender onboarding agreement.
- You agree and acknowledge that the Company is not responsible for and bears no
liability for transactions through the Affiliates.