Terms of Service
Last Updated On: 28th Oct. 2022
This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES
a) “Service(s)” means services provided through the Platform, as described in further detail under clause 3 below. “User” or “you” shall mean any person or entity who shall avail Services on the Platform, or their representatives who are registered on the Platform or any visitor on the Platform.
b) “User” or“you” shall mean any person or entity who shall avail Services on the Platform, or their representatives who are registered on the Platform or any visitor on the Platform.
2. Updation of Terms and Conditions
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified or revised by us from time to time with/without notice to you. To ensure that you are aware of any additions, revisions, amendments or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these. We shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform/Services after the Updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the Updated Terms and Conditions. Any reference to Terms of Service, TOS, made herein shall refer to the latest version of the Terms of Service.
3. Aspects of Our Technology Platform
The Platform contains the following features, aspects and Services (which the Company may, at its sole discretion, modify in the future):
a) Technology Service to Entities Regulated by the Reserve Bank of India:
(i) The Company has developed, owns, operates and maintains a technology platform which it provides as an outsourcing service provider to duly registered and licensed third party Non-Banking Financial Company (“NBFCs“) or other financial institutions (“Lenders”). The Company may provide various outsourcing services to Lenders, including technology services, customer support services, and logistical services including collection of User Know Your Customer (KYC) information and facilitation of document execution, but shall not carry out any ‘core management functions’ as defined by the NBFC outsourcing regulations of the Reserve Bank of India (RBI). Any credit facility made available to you by any Lender shall be governed by terms and conditions agreed between you and the Lender and the Company shall not be a party to the same. In no event will the Company act as a lender.
(ii) The Company will neither disburse the loans, if any, agreed between you and the Lenders, if any, nor receive repayment of such loans. Any disbursal of loan amounts and repayment amounts shall be executed only directly between the User and the relevant Lender. For the outsourcing service provided by the Company to the Lender, all fees and charges in consideration thereof are payable to the Company by the Lender and not by the User
(iii) The collection of KYC documents by the Company as an outsourcing service provider of Lenders may be provided by way of the Company engaging third-party service providers. The company will not store any KYC related information and will not take any decision-making functions. The Company will only convey the KYC related information from Users to Lenders pursuant to consent taken from the Users. The Company may also partner with duly authorised third party partners to facilitate sharing of credit information in accordance with RBI norms.
(iv) You acknowledge and agree that in relation to loans that may be provided to you by Lenders, the Company is not a party to the terms and conditions of any credit facility agreed between you and the Lender. Any credit facility availed extended by a Lender is done so in its sole and independent capacity. Further, the Company is neither privy to nor responsible for any acceptance or rejection of application or refusal of the Lender to extend credit facilities to the User. Availing the Company’s Services by a User cannot be construed as a guarantee for being eligible to avail credit facilities.
b) Wallet Service:
a. Separate and independent of its role as an outsourcing service provider to Lenders, the Company provides a virtual digital asset wallet service (“Wallet Service”), provided through third party custodian partners (“Third Party Custodians”) to Users, on terms and conditions separately agreed, whereby any User may store virtual digital assets using the platforms of the Third Party Custodians, to safeguard, transfer, liquidate or dispose of them in accordance with the User’s instructions.
By using the Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts. You further affirm that you are a person resident in India as defined under all applicable laws and shall remain so for the entire duration that you use the Platform and any products, services, or other offerings contemplated hereunder. In the event you do not meet the eligibility conditions stated herein, you shall not use the Platform or any products, services, or other offerings contemplated hereunder.
5. User Account Registration
a) In order to use the Platform and avail the services on the same, you have to create an account (“Account”).
b) You can create an Account by submitting certain information such as your name, phone number, email ID and any other KYC information sought by us.
6. Platform License
(a) Subject to your compliance with the TOS, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted herein.
(b) You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Platform or its licensors, except for the licenses and rights expressly granted in the TOS.
(a) To the extent the Company provides Services to you, You agree to pay to the Company any fees for the Services availed by you, in accordance with the rates informed by the Company to you from time to time. Payment against fees can be made online through any mode of payment which is made available to the User on the Platform or otherwise. The Fees paid by you are non-refundable, except as provided in these Terms and Conditions or as otherwise agreed in writing.
(b) Our Services can be availed as a subscription model (“Subscription”). This means that when you choose to avail our Services, you will be billed as per the Plan chosen (“Billing Cycle”). We reserve the right to alter/modify/suspend/discontinue any terms and conditions associated with the Plan including but not limited to the period, rate, services included in the Plan. Further, we shall give you notice of any change made to the features of the Plan prior to the expiry of your applicable Billing Cycle.
(c) We may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. We will inform you with prior notice of any change in fees.
(d) By purchasing any Services through the Platform, You hereby consent and agrees to abide by such third-party internet payment service providers’ applicable terms and conditions and privacy policies. You agree and acknowledges that the Company has no responsibility or liability under the terms and conditions and policies of the third-party internet payment service provider. In the event such third-party internet payment service providers’ customer terms and conditions or privacy policies are not acceptable to you, please do not purchase such Services through the Platform.
In case of any clarifications, You may refer to the FAQs or contact firstname.lastname@example.org.
8. Cancellation and Refund Policy
In case of any queries pertaining to Cancellation and Refund, You may refer to the FAQs or contact email@example.com
9. Additional Terms and Conditions
Depending on the nature of Services availed by You, the following additional terms and conditions will apply:
(a) KYC Procedure for the Company’s Own Services
(i) Separate and independent of the Company’s role as outsourcing service provider to Lenders:
A. The Company will require verification of the User for certain transactions. Such verification shall require a User to provide documentation that verifies identity and address of the User. The Company may also choose to conduct identification verification through photographic verification.
B. Identification & Address Proof: Documents for Identification and home/office address are required with the person/business name on. Acceptable forms of ID can include PAN Card and/or proof of possession of Aadhar are required for conducting KYC. You, the User hereby explicitly provide consent to the Company to conduct such verification.
C. Selfie-check/ Liveness Check: As part of the selfie-taking/ liveness check process the user is asked to position their face within an oval on the screen, about 12 inches away, and then move a bit closer. The Company takes its KYC procedures seriously however, the process of selfie/ liveness check is subject to the technical issues faced by the company.
(ii) It must be noted that the KYC process will be handled by our duly registered third party partner. The KYC procedure is further subject to change in line with any regulatory change.
(b) Rewards Account
(i) The Rewards Account is your virtual digital asset account maintained with one or more of ANQ’s Third Party Custodians, whereby ANQ provides the Wallet Service, engaging the Third Party Custodians for custody services.
A. You own the balances in your Rewards Account, against your KYC provided to Company and Third Party Custodians through third-party KYC partners.
B. The Third Party Custodians secure your virtual digital assets in the Rewards Account through its technical infrastructure. The Company permits you to instruct the Third Party Custodians directly, using the Platform.
C. Liability of any applicable taxes shall be borne and undertaken by the User.
A. Value risk:
The Company or its Third Party Custodians do not guarantee that the value of deposits in your Rewards Account will be protected against value erosion, as that is subject to market forces. B. Blockchain risk:
Company or the Third Party Custodians do not guarantee the risk of the blockchain or network functioning at any point of time
(iv) Account Management:
A. You authorize Company to pay account management fees or other charges, as required, to the Third Party Custodians, on your behalf.
B. You also authorize Company to charge account management fees or other charges, as required, payable by it to the Third Party Custodians, directly to balances on your Rewards Account.
C. The account management fees and any other charges shall be intimated to you on the Platform, and updated from time to time.
In case of a dormant Rewards Account, where dormancy is defined as credit inactive in the rewards account for such number of days specified on the Platform (as updated from time to time), [despite more than  communications from the Company / Sub-Custodian], you may lose your right to claim such virtual digital assets, which shall stand forfeited by the Company. You hereby consent to the same and authorize the Company to do so.
10. Use of Your Information and Content and other content displayed on the Platform
(c) We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
(d) You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
(e) You agree to only provide such information that does not violate the law or any person’s rights (including intellectual property rights).
11. Third Party Services
The Company may enable Users to connect with third party service providers. The Company is not responsible for, and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.
12. Rules and Conduct
(a) As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services, to the extent provided to you, are provided only for your own personal, domestic, and non-commercial use.
(c) Additionally, you shall not share any information or carry out any act or omission that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for the time being in force; or (vii) impersonate any person.
(d) Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
13. Alerts Provided by The Company
(a) The Company provides you with multiple automatic alerts while providing Services.
(b) You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
14. Contacting You
(a) You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
(i) Obtaining feedback in relation to the Platform/Services;
(ii) Reaching out for any alerts pertaining to the Services provided by the Company;
(iii) Resolving any complaints, information, or queries by other Users; and
(iv) You agree to provide your fullest co-operation further to such communication by Company.
(b) By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to such feedback confidential.
15. Profile Ownership and Editing Rights
We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profile or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you.
16. Rights and Obligation relating to the usage of the Platform
(a) Users are prohibited from carrying out any illegal acts directly or indirectly using the Platform or Lenders’ or Sub-Custodian’s platforms (as applicable) including but not limited to acts mentioned below:
(i) violating or attempting to violate the integrity or security of the Platform;
(ii) transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
(iii) intentionally submitting on the Platform any incomplete, false or inaccurate information;
(iv) making any unsolicited communications to other Users;
(v) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
(vi) circumventing or disabling any digital rights management, usage rules, or other security features of the Platform; and
(vii) any unlawful activities which are prohibited by laws of India.
(b) The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 180 (one hundred and eighty) days for production to governmental authorities for investigation purposes.
(d) We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer
17. Company and User Materials
While rendering Services, Company directly or through its representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use. While availing Services, User may submit various materials to Company in the form of audio/video/written content, (“User Materials”). User hereby provides Company with an exclusive, transferrable, perpetual and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third party and shall be responsible for any claims arising out of infringement
We reserve the right, at any time and in with sole discretion, to change, modify, or amend the Platform (in whole, or in part) or any of its Services (in whole, or in part), in compliance with the applicable legal and regulatory framework. You agree that We will not be liable to You for any change, modification or amendment of the Platform or its Services, or any part thereof.
(a) In case you require any assistance or support, you may access support resources or contact our support by contacting our Grievance Officer in writing, whose name and contact details are below: Attention: Harshvardhan Zaveri Email ID: firstname.lastname@example.org Address: No. 156, 3rd Floor, Puttanna Chetty Road 5th Main Chamrajpet Bangalore – 560018
(b) The Company shall acknowledge the complaint within twenty four hours and dispose of such complaint within a period of fifteen days from the date of its receipt. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
(c) The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, and the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
(a) We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
(b) Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty, disclaimers, indemnity and limitations of liability.
(a) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PLATFORM WILL CONSTITUTE OR CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN.
(b) YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE DATA, SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE PLATFORM WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. COMPANY DOESNOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
(c) YOU UNDERSTAND AND AGREE THAT IF YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE PLATFORM, THE SAME SHALL BE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND/OR OTHER DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
(d) ANY INFORMATION THAT THE PLATFORM MAY MAKE AVAILABLE OR COMMUNICATE TO YOU ABOUT ANY SERVICE OR PRODUCT OFFERED BY A THIRD PARTY, INCLUDING ANY PROMOTIONAL OR OTHER OFFERS IN RELATION THERETO, SHALL NOT CONSTITUTE OR BE DEEMED TO BE THE COMPANY’S ENDORSEMENT OR APPROVAL IN ANY MANNER OF SUCH THIRD-PARTY PRODUCTS AND SERVICES. AT NO POINT, THE COMPANY IS REPRESENTING ITSELF OR ACTING AS A LENDING COMPANY. PLEASE REFER TO YOUR SANCTION LETTER AND LOAN AGREEMENT FOR DETAILS ON YOUR CONTRACT WITH THE LENDER.
(e) YOU ACKNOWLEDGE THAT HOLDING AND DEALING WITH VIRTUAL DIGITAL ASSETS (ALSO REFERRED TO AS CRYPTOCURRENCIES, VIRTUAL DIGITAL ASSETS, CRYPTO-ASSETS, ETC.) INVOLVES A HIGH DEGREE OF RISK. VIRTUAL DIGITAL ASSETS ARE SUBJECT TO CONSTANT AND FREQUENT FLUCTUATIONS IN VALUE AND EXCHANGE RATES, AND THE VALUE OF YOUR VIRTUAL DIGITAL ASSETS MAY INCREASE OR DECREASE AT ANY TIME. ACCORDINGLY, YOU MAY SUFFER A COMPLETE LOSS OF THE AMOUNTS HELD IN YOUR ACCOUNT. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE NATURE, SUITABILITY, AND APPROPRIATENESS OF THESE TRADING AND INVESTMENT RISKS FOR YOU. YOU ACKNOWLEDGE AND AGREE THAT COMPANY BEARS NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON WHATSOEVER FOR ANY LOSSES OR GAINS INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT GIVE ADVICE OR RECOMMENDATIONS REGARDING THE HOLDING, DEALING, TRADING OR INVESTING OF VIRTUAL DIGITAL ASSETS, INCLUDING THE SUITABILITY AND APPROPRIATENESS OF, AND INVESTMENT STRATEGIES FOR, VIRTUAL DIGITAL ASSETS. YOU ALSO DECLARE THAT YOU ARE NOT IN THE BUSINESS OR PROFESSION OF REFERRING NEW USERS TO US. THE REFERRALS MADE BY YOU TO US ARE IN YOUR INDIVIDUAL CAPACITY. IN THE EVENT YOU ARE UNDERTAKING SUCH REFERRALS IN FURTHERANCE TO A BUSINESS OR PROFESSION, YOU ARE UNDER THE OBLIGATION TO BRING IT TO OUR NOTICE. IN SUCH A CASE, WE WILL BE ENTITLED TO DEDUCT / COLLECT ADDITIONAL WITHHOLDING TAXES AS MAY BE REQUIRED BY APPLICABLE LAW. YOU ALSO ACKNOWLEDGE AND AGREE THAT COMPANY AND YOUR ABILITY TO USE THE SERVICES MAY BE DETRIMENTALLY IMPACTED BY REGULATORY ACTION OR CHANGES IN REGULATIONS APPLICABLE TO VIRTUAL DIGITAL ASSETS. YOU AGREE THAT WE MAY DISCLOSE YOUR PERSONAL AND ACCOUNT INFORMATION IF WE BELIEVE THAT IT IS REASONABLY NECESSARY TO COMPLY WITH A LAW, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST. YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT A FINANCIAL INSTITUTION, BANK, CREDIT UNION, TRUST, HEDGE FUND, BROKER OR INVESTMENT OR FINANCIAL ADVISOR, AND IS NOT SUBJECT TO THE SAME LAWS, REGULATIONS, DIRECTIVES OR REQUIREMENTS APPLICABLE TO SUCH PERSONS. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, WILL OR SHALL CONSTITUTE INVESTMENT, OR FINANCIAL ADVICE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL TRADING DECISIONS MADE BY YOU WHILE USING THE SERVICES. COMPANY IS MERELY A TECHNOLOGY PLATFORM AND YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE LEGAL, REGULATORY AND TAX COMPLIANCE OF ALL TRANSACTIONS CARRIED OUT BY YOU USING THE SERVICES, SUBJECT TO THE TERMS OF THIS AGREEMENT. ALL YOUR TRANSACTIONS AND HOLDINGS ARE SUBJECT TO MARKET RISK AND VOLATILTY.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform, partner services, products, offerings and platforms, including but not limited to anything provided by the Company; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
Limitation of Liability
(a) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR PLATFORM (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
(b) Exemptions to liability of Company:
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
(i) your failure to cooperate;
(ii) your unavailability and/or unresponsiveness;
(iii) your failure to provide accurate and complete information;
(iv) your failure to provide or facilitate the submission of User Materials in timely manner;
(v) any event beyond Company’s reasonable control.
24. Governing Law
These Terms and Conditions shall be governed by the laws of India without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located at Bangalore, India.
(a) The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
(b) If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
(c) The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
(d) The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
(e) No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.