TERMS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY AS YOUR USE OF THE SERVICES THEREIN ARE SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS ("TERMS" / “AGREEMENT”).
BY REGISTERING, ACCESSING OR OTHERWISE USING THE PLATFORM, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS OF USE AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FINTUITIVE TECHNOLOGIES PRIVATE LIMITED.
WHILE USING THE PLATFORM, YOU MAY BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO THE PLATFORM. ALL SUCH GUIDELINES OR RULES ARE HERBY INCORPORATED BY REFERENCE INTO THIS TERMS. BY USING OR ACCESSING THE PLATFORM, YOU DE-FACTO AGREE TO THE FOLLOWING TERMS.
YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THIS AGREEMENT. YOUR REGISTRATION ON THE PLATFORM CAN BE DEEMED TO BE YOUR CONSENT TO ACCESS YOUR SENSITIVE PERSONAL DATA OR INFORMATION FOR PROVIDING SERVICES TO THE USER.
IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS, DO NOT USE THE PLATFORM.
IF YOU CONTINUE TO USE THIS PLATFORM, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, - ALONG WITH THE CONFIDENTIALITY TERMS (“CONFIDENTIALITY TERMS”) AND PRIVACY POLICY (“PRIVACY POLICY”) WHICH GOVERN YOUR RELATIONSHIP WITH US.
We, Fintuitive Technologies Private Limited (“Company”, “we”, “us”, “our”) are the owners of the platform comprising of a website www.arthvista.com, web-based application “Arthvista” and as amended from time to time, together referred to as the “Platform”. The Platform acts as a facilitator on real time basis between Users who intend to offer investment products or services and / or other Users who intend to invest / avail aforesaid investment products or services (“Services”).
1.DEFINITIONS:
“Validators” means any professionals or individuals who are authorized to provide certifications including but not limited to Rating agencies, auditors, chartered accountants, trustees for securitization and lawyers on the Platform desirous of providing Services.
“Issuer” means any institution registered on the Platform desirous of providing or availing Services.
“Investor” means any individual, high net-worth individuals, institutions and/ or organization registered on the Platform desirous of providing Services.
“Other” means any individual, institution or organization who is not “Validators”, “Issuers” “Investors” or “Wealth Managers” and includes any brokers, primary dealers, advisory firms etc.
“Personal Information” means information that can be used to personally identify the User, including but not limited to User’s name, email address, password, mobile number, KYC documents, company details, designation, bank account details and SEBI registration number.
“Users” means “You”, “Your”, “Validators”, “Issuers” “Investors”, “Wealth Managers” (as the case maybe) or any “Other” as registered on the Platform and includes means any person or organization who registers and creates a user account on the Platform for availing the Services provided through the Platform;
“User Content” means and include means any Personal Information, KYC documents, content, investment product details, information documents, schemes, blogs and any other information uploaded by the Users on the Platform;
“Wealth Managers” means any person or organization which manages the portfolios and investments of clients as wealth managers, as per the applicable industry connotation and are registered on the Platform desirous of providing or availing Services.
2.PLATFORM USE:
Users may use the Platform subject to acceptance of these Terms.
3.ELIGIBILITY:
To be eligible for availing the Services, You must be;
legally competent and authorized to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Use;
18 years of age or older, this Platform is not directed for use by any User under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use the Platform.
By using this Platform, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement, such that you are not disqualified by any applicable laws; you are required to submit relevant Personal Information to us ; and that you are not prohibited or prevented or temporarily or indefinitely suspended by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority
4.REGISTRATION:
You understand that to avail the Services of the Platform it is mandatory to register with us therefore; You must complete the registration on the ’Sign Up’ page. You will be required to register and create an account with the User ID and the password (collectively “Account”). You agree that any registration information provided by You will always be accurate, correct and complete and in the event that we find that you have created or attempted to create multiple or anonymous Accounts or have been misrepresenting yourself, Company may block or restrict you from creating such in future. By using the Platform, You shall be solely responsible for maintaining the confidentiality of the Account and for all other activities that occur under Your Account.
You understand that in order to complete the process of registration, the Company is required to verify your Account, therefore Company will send a onetime password (“OTP”) on the User’s AADHAR registered mobile number to complete the process of registration. Company retains right to conduct additional verifications if it deems appropriate and the User agrees to comply with the same from time to time.
If You are a service provider and if you are using or opening an Account on behalf of any individual entity, or organization (“Third Party”), then You represent and warrant that You are an authorized representative of that Third Party with the authority to bind such Third Party to these Terms; and agree to be bound by these Terms on behalf of such Third Party.
You shall be responsible for maintaining the confidentiality of Your Account and password and You agree to accept responsibility for all activities that occur under Your Account or password and of the Services in Your name. The Company also reserves the right to refuse registration of, or terminate Accounts which the Company deems inappropriate.
You agree that the information You provide to the Company at the time of registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times.
5.SERVICE DESCRIPTION:
This Platform enables Users to create their own/unique Account/ profile providing certain Personal Information(s) which is to be displayed on the Platform, such Personal Information may be used by visitors or other User’s if it meets their requirements posted on the Platform.
The Platform displays descriptions of the alternate investment products which are listed by Users of the Platform, amended at their own discretion from time to time. The Investor will be able to register interest for the investment of their choice and communicate with the Users of the products in real-time throughout the investment lifecycle.
The Platform provides chatting / messaging, to facilitate communication between You and other Users with similar interests and interact with them.
You understand Company does not provides any warranty for the User Content and any products which are listed on the Platform and does not commit to any merchantability of the products, Users are solely responsible for the User Content and/ or any products they post on the Platform. User represents and warrants that it shall not post the details of any contraband or illegal products;
You agree that, prior to using any Services made available by the Company, You have read and understood the terms and contents of the User Content which made available by the Users and have sought required information documents, statements, if any, and any other offer documents including schemes of the third party service provider;
You agree and acknowledge that the Company is a mere aggregator facilitating the contact between the Users and that all terms and conditions relating to the creation and processing of transactions in any User Content are governed by the terms and conditions of the respective third parties administering such User Content. You agree, prior to using the Services of the Company and availing any benefits of the User Content, You shall peruse the terms and conditions of the third party which govern the transaction and abide by the same;
You represent and warrant that the amount invested by You in any product as made available from the User Content is through legitimate sources and does not involve and is not designed for the purpose of any contravention or evasion of any applicable act, rules, regulations, notifications, directions or otherwise issued by any regulatory authority in India in any manner;
You are aware that any transaction in financial securities shall be subject to fluctuations and risks and the Company shall not be responsible for any losses incurred by You attributable directly or indirectly to such market risks.
Any information provided on the Platform is only indicative and the Company does not guarantee any return on investment on in the financial securities and the past performance / past track records of any financial instruments offered on the Platform. You also understand that any data, prices, rates and other similar market value information about any product or securities could be based on delayed feeds and these data or information may not reflect the real time values/actual rates;
You agree that the rating of any financial instruments may change prior to or subsequent to Your investment and the Company is not responsible for any losses arising to You out of such change in rating, whether the Company updates such rating immediately or subsequently;
You shall at your own risk and expense conduct the necessary due diligence and exercise care, caution and diligence with respect to any products enlisted on the Platform;
You are aware that the Company or the Platform does not intend to provide any services as a financial planner, investment advisor or broker in any context. In event, any information displayed on the Platform is subject to You seeking necessary consultations with the professionals or third party service providers;
You are aware that the Company make no warranty that (i) the Services will meet your requirements or will provide you any correct or reliable investment advices and will in any manner be uninterrupted and/ or seamless, (ii) the Services will be timely, secure, or error-free or free of bugs, virus or malicious code, (iii) the quality or quantity of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations in any manner, and (v) any errors in the technology will be corrected.
You are aware that the Company takes no responsibility that your computer system or any electronic device is compatible for the usage of the Platform. Further, the Company shall not be liable for any damage to Your computer system or loss of data that results from usage of the Platform in any manner.
You understand that, You are solely responsible for communications with other Users. Company reserves the right, but has no obligation, to monitor disputes between you and other Users. Company also reserves the right to take appropriate action against errant Users. Company expressly disclaims any responsibility or liability for any transactions or interactions between the Users inter-se.
You understand that, although we endeavor our reasonable efforts to verify and monitor the other Users profile or Account, however any advice, information, recommendation provided at the Platform including but not limiting to the Personal Information of other Users, may not be correct, true or reliable. Any such reliance placed, or action taken by User’s thereon is entirety at the User’s sole discretion/ risk. You are advised to take Your own due diligence with respect to the Platform content or other User’s Account sought to be taken advantage of, at their own initiative, cost and effort.
You understand that Company does not undertake or endeavor to authenticate, examine, screen, endorse, sanction, ratify or investigate any information or assertion comprised in the profiles uploaded by the Users, or any other content on the Platform, nor does it in any manner whatsoever certify or attest the same to be genuine, correct, verified or true. All due diligence, effort and initiatives must be exercised by those wishing to use any information found on the Platform and should take adequate precautions with the full and complete knowledge that all information contained in profiles that have been placed there directly by Users to the Platform without any prior intimation, consent or verification of the same by Company. You agree and understand that, You shall not use or avail the Services for another purpose for which it is intended, and shall not misrepresent or fraudulently use this Platform to extort money or favor from any persons or Users, visitor of the Platform. Company shall in no events or circumstance is or will be held liable, responsible for any action, act, consequential or otherwise any loss or damage resulting from anyone's use of the Platform or the Service and / or any Content posted on the Platform or transmitted to Users.
You understand that all your Personal Information uploaded by You or any other Users or Member of the Platform are meant to be displayed on the Platform and it may be publicly available or may become the public knowledge. You agree that Company at no extra cost to the Users may use such Personal Information (s) for the purpose of advertising or publicity at any other platform.
You represent and warrant that you shall not copy, duplicate, download publish, modify and distribute material on the Platform unless specifically authorized by the Company in this regard. The user undertakes not to establish any deep link or attempt to circumvent the Platform or establish any other connection to any specific page of the Platform other than the Home Page without obtaining prior consent of the Company.
You represent and warrant that, Your use of the Platform is limited for the Service provided to You, You understand that Company at its sole discretion, in order to provide You with all the features of the Platform opted by You will undertake certain KYC verification process.
Using this Platform for any other purpose for which it is not intended will render termination of Your access to the Platform.
You undertake not to create multiple profiles/ Accounts at the Platform any such events may lead to termination or deactivation of Your Accounts.
You undertake not to transmit or send any chain or bulk messages/ junk mails to the other User’s, in the Platform or any other medium, although, it is not reasonably possible to monitor such act conduct or actions, these actions are clear violation of the Agreement and any attempts to harass, abuse or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent will lead to deactivation of Your Profiles. Company reserves the right to take appropriate steps to protect Company and/or its User’s from any abuse/misuse as it deems appropriate in its sole discretion.
You agree and understand that, to exercise precaution or diligence for privacy, safety of Users, or better functioning of the Platform, we may screen or regulate your communication, or interactions that Your may send it to other Users/ Members. The Company may, to protect the privacy or safety also delete such unwarranted or obscene communications or messages.
6.PAYMENT
For the purpose of availing the Services, You may be required to pay certain charges through mode of payment as indicated to you by the Company from time to time (“Charges”). You are responsible for providing complete and accurate billing and contact information to the Company and notifying us of any changes to such information. Charges will be exclusive of applicable taxes where required by law and such taxes shall be borne by You. All Charges are due immediately and payment will be facilitated by the You in the manner as indicated by the Company from time to time. Further the Company may from time to time provide certain Users with promotional offers, reward points and discounts that may result in different amounts charged for the same or similar services or products obtained through the use of the Services, and You agree that such promotional offers, reward points and discounts, unless also made available to You, shall have no bearing on your use of the Services or the Charges applied to you.
Charges paid by you to the Company are final and non-refundable, unless otherwise determined by the Company.
7.USER CONTENT
You understand that Company without any notice may delete any User Content if the Company found that such User Content are clear violation of the Term of use of the Company’s or its Privacy policy or Confidentiality Terms or it is offensive, illegal, or that might violate the rights, harm, or threaten the safety of the Company.
You agree that the Company shall not be liable for such sharing or disclosure of Personal Information by the service providers or other Users.
You understand that any User Content or data You or any other User which is published on Platform, is deemed to grant unconditional or irrevocable right, license to use, store, distribute, reproduce, prepare derivative works of, modify, adapt, publicly perform and publicly display such Content on the Platform and to the other User’s from time to time.
THIRD PARTY CONTENT AND ADVERTISEMENTS
You acknowledge that when You access a link that leaves the Platform, the website that you will enter into is not controlled by the Company and different terms of use and privacy policies may apply. By accessing such third party links to other website, You acknowledge that the Company is not responsible for those websites. The Company has no liability to remove or in any manner block such third party links or pop-ups. The Platform may contain third party advertisements. The display of such advertisements does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser or the merchant, its products or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
8.USER’S RESPONSIBILITIES:
Account Management: The User shall be solely responsible for managing its administrative Account and/or avail the Services. User shall ensure that the Users shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of User's account. The User shall be responsible for maintaining the confidentiality of User's account and password and the Company bears no liability with respect to the same.
Compliance with Laws: The Users shall comply with, all applicable local, state, national and foreign laws, in connection with their use and access of the Platform. Further, the Users agree to abide by the applicable regulatory laws issued by any regulatory bodies or otherwise as per the applicable laws.
Unauthorized Use; False Information: The Users shall: (i) notify Company immediately of any unauthorized use of any password or user id or any other known or suspected breach of security in relation to the Platform, (ii) report to Company immediately and use reasonable efforts to stop any unauthorized use of the Platform, that is known or suspected by the Users, and (iii) not provide false identity information to gain access to or use the Platform.
9.LICENCE AND RULES OF CONDUCT:
Subject to terms and conditions of this Agreement, the Company hereby grants You a non-exclusive, non-assignable, non-transferable and limited license to use the Platform for Your personal use only and for no other purposes.
You agree not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Platform and further agree not to use this Platform as part of any another application, upload of any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code, track or monitor the other users, do anything that puts an enormous/ unreasonable load on our servers, copy or create derivative work on the Platform.
10.OWNERSHIP OF INTELLECTUAL PROPERTY:
All the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by Company and its affiliates, subsidiaries, licensors as the case may be. All the rights including but not limited to intellectual property rights subsisting under or in relation to the User Content are owned by such User as the case may be. The Company respects copyright, and the Company prohibits You from submitting, uploading, posting, or otherwise transmitting any User Content or details on the Platform that violates another person’s proprietary rights.
If You believe that the Platform contains elements that infringe any intellectual property rights, please notify us immediately. If the Company receives intellectual property right infringement claim notification, and it is felt appropriate, the Company may, at its sole discretion, remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion, without providing any justification or notice to You.
All materials on this Platform, including but not limited to the content of the Company, are protected by copyright under the copyright laws. You cannot use the Platform or the content of the Company, except as specified herein. There may be number of proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, the Company is not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the such proprietary logos, service marks, or trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
11.PROHIBITED CONDUCT:
Users shall not engage in any of the following activities:
Upload any content which is in contravention of the laws of any regulatory boards as per the applicable laws;
Use the Services or the Platform for any purpose that is illegal, unlawful or prohibited by these Terms and shall not violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights;
Which are offensive or invasive to any person, User’s, visitors or third party, such as Content that promotes racism, incite hatred or physical harm of any kind against any group or individual;
Promotes information that You know or has knowledge of the same is false, untrue, misrepresentation of false assertions or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous to any Users, or officials or representatives of Company;
Display of pornographic, obscene or sexually explicit material of any kind on the Platform; Harass, threaten, disrupt or harm any other Users or officials or representatives of Company or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
You may not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
Remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform;
Engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling” and “phishing” as those terms are commonly understood.
Use Platform in any manner that threatens or is likely to threaten the integrity, performance or availability of the Services or the Platform;
Reverse engineer, decompile or otherwise extract the source code(s) or data related to the Platform or any part thereof;
You will not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Platform;
You will not use the Website to develop any competing platforms, applications, websites or products which are similar or substantially similar to the Platform;
Use the Platform in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other third party's access to and enjoyment of the Platform;
You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Platform, the server on which our Platform is stored, or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack;
Non-compliance of the aforesaid events may lead to immediate deletion or blocking of your profiles, Company may rescind your access to the Platform without any provisions for refund of your Charges.
12.DISCLAIMER:
THE PLATFORM IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE PLATFORM IS NOT HACK PROOF. THE USER CONTENT MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS. USERS UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR USER CONTENT, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION OF THE USER CONTENT. WE DO NOT REPRESENT AND WARRANT THAT USERS USE OF THE PLATFORM WILL MEET THEIR REQUIREMENTS, OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR ANY INFORMATION OBTAINED BY THE USERS AS A RESULT OF USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONSULT OR CONDUCT DUE DILIGENCE WITH RESPECT TO THE USER CONTENT, AT YOUR OWN INITIATIVE, COST AND EFFORT. THE COMPANY HAS DEVELOPED THE PLATFORM AS A MERE COORDINATOR BETWEEN THE USERS AND AS SUCH THE COMPANY SHALL NOT BE LIABLE FOR THE INFORMATION PROVIDED BY USERS OR OTHERWISE TRANSMITTED ON THE PLATFORM. ANY RELIANCE ON SUCH INFORMATION OR THE USE OF ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
ALL LIABILITY WHETHER CIVIL OR CRIMINAL RESULTING FROM ANY USER CONTENT OR INFORMATION OR CONTENT OR BLOGS POSTED OR TRANSMITTED ON THROUGH THIS PLATFORM WILL BE THAT OF THE USERS OR THIRD PARTY WHO HAS POSTED OR TRANSMITTED SUCH USER CONTENT OR INFORMATION AND WE RESERVE OUR RIGHT TO CLAIM DAMAGES FROM SUCH USER OR THIRD PARTY THAT IT MAY SUFFER DUE TO SUCH CONTENT POSTED ON PLATFORM. WE DO NOT CLAIM OWNERSHIP OF ANY KIND OF ANY INFOMRATION THAT YOU SUBMIT OR MAKE AVAILABLE ON PLATFORM.
13.LIMITATIONS OF LIABILITY:
In no event, shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data including User Content or monetary losses, arising out of or in any way connected with the use of the Platform or for interrupted communications, delay, lost data including User Content or monetary losses arising out of or in connection with these Terms.
14.INDEMNIFICATION:
Users agree to indemnify the Company and hold it harmless from and against any claims arising out of or relating to: (i) details and User Content that You submit or transmit on the Platform, (ii) Your violation of any rights of any other person in connection with the Services, (iii) infringement or threatened infringement of any third party intellectual property rights, (iv) any breach of the terms and conditions of these Terms, (v) any breach or violation of applicable laws and regulations (vi) any breach of representation and warranties made in relation to the Services (vii) transactions (present and subsequent) between You and other Users.
15.PRIVACY POLICY AND CONFIDENTIALITY TERMS:
The Company is committed to responsibly handling the information and data we may collect through the Website in compliance with our Privacy Policy confidentiality terms. Please review the Privacy Policy and confidentiality terms so that you are aware of how we collect and use your personal information. Our Privacy Policy and confidentiality terms is located at [Insert Privacy Policy link and Confidentiality terms link].
16.FORCE MAJEURE:
Without limiting the foregoing, under no circumstances shall Company be held liable for any damage or loss due to deficiency in performance of the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in laws and regulations, or any other government regulations, floods, storms, electrical failure, epidemics, civil disturbances, riots, lockdowns, pandemics or any other similar events.
17.TERM, TEMPORARY SUSPENSION AND TERMINATION:
The term of this Agreement shall be valid, effective and subsisting subject to your subscription plan of our Service.
Temporary Suspension
Company, at its own discretion, has the right to temporarily disable any User’s account, without providing any justifications or without any cause or notice.
On any breach as per Company’s discretion, the Company may also block access to the User’s account, without any further liabilities.
Termination
You understand that, the Company may restrict, suspend, terminate or cancel Your access to the Platform at any time upon expiration of Your subscription plan, You understand that You shall not be entitled to any refund or reimbursement of any un-utilized Charges, also all the Content of Your Profile shall be deleted and cannot be revived back. Further, Company may at any time, terminate these Terms, if:
You breach any terms and conditions of these Terms or;
You have used the Platform for business or commercial transaction or used automated or other means to send bulk messages.
You have engaged in or used the Platform in an unprofessional or illegal manner or in any manner to dupe, lure, defraud other Users.
You have engaged or conducted in prohibitive or inappropriate communication with the other Users not limited to usage of unprofessional language, misrepresenting yourself.
Company is required to do so under law;
Company chooses to discontinue the Services offered to any Users or permanently disable access to the Platform.
18.ASSIGNMENT
Company may transfer, assign, novate, sub-contract or otherwise dispose of any of its rights, benefits, liabilities or obligations under the Terms at any time or ay involve or appoint any third party to satisfy its obligations, without any liability to notify the Users.
19.SURVIVAL:
Provisions such as, disclaimer of warranties, limitation of liability, indemnity, ownership of intellectual property, general provisions, prohibited conduct shall survive any termination.
20.CHANGES TO THESE TERMS
Please revisit this page periodically to stay aware of any changes to these Terms, which the Company may update from time to time. If the Company modifies or amends these Terms, Company will make it available through the Platform and indicate the date of the latest revision. In the event that the modifications materially alter Your rights or obligations hereunder, the Company will make reasonable efforts to notify You of the change via email or through our Platform.
These Terms was last modified on _______.
21.CONTACT US
If You have any questions or concerns or grievances regarding these Terms, You can email us at the Company’s grievance email-address info@arthvista.com
22.GOVERNING LAW:
This Agreement and Your use of the Platform is governed by, construed and enforced in accordance with the laws of India and, for the purposes of any legal or equitable actions, You specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Mumbai.
23.WAIVER:
The Company’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.
24.SEVERABILITY:
If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
25.NO AGENCY:
You agree that no joint venture, employment, or agency relationship exists between you and the Company as a result of these Terms or due to your use of the Platform or any of its Services.
26.ENTIRE AGREEMENT:
These Terms, Confidentiality Terms and the Privacy Policy constitute the entire agreement between you and the Company relating to this subject matter and supersede any and all prior communications and/or agreements between you and the Company relating to this subject matter.