1.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1.1 All information, Products and services included on or otherwise made available to you through this Website/App are provided by www.capearth.com or Capearth Business India Pvt Ltd or any authorised representative of Capearth Business India Pvt Ltd on an “as is” and “as available” basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website/App is at your sole risk.
1.2 Capearth Business India Pvt Ltd or www.capearth.com or any authorised representative of Capearth Business India Pvt Ltd or www.capearth.com assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.
1.3 Capearth Business India Pvt Ltd or www.capearth.com or any authorised representative of Capearth Business India Pvt Ltd or www.capearth.com has exerted reasonable efforts to ensure that all information published on the Website/App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/App at our sole discretion.
1.4 Capearth Business India Pvt Ltd or www.capearth.com or any authorised representative of Capearth Business India Pvt Ltd or www.capearth.com cannot guarantee the adequacy, currency or completeness of the Website/App content. Capearth Business India Pvt Ltd or www.capearth.com or any authorised representative of Capearth Business India Pvt Ltd or www.capearth.com does not warrant or endorse the effectiveness, quality or safety of the Products available on its Website/App.
1.5 We disclaim responsibility for any harm to persons resulting from any instructions or Products referred to in the Website/App. Capearth Business India Pvt Ltd or www.capearth.com or any authorised representative of Capearth Business India Pvt Ltd or www.capearth.com is not associated with any designing, Structuring, Licensing, Production of any Insurance (Life and Non Life), Mutual Funds, Derivatives, Commodity, Bonds, Corporate Deposits, Treasury Instruments, Debentures, Business Banking, Investment Banking, Wealth Management, Joint Venture, Merger & Acquisition, Start-ups, Professional and any other financial or capital market or other products on the Website/App. We do not warrant that the Website/App, or its content will meet your requirements.
1.7 We may let you view our information and communicate with us through the Social Media services such as Facebook, Twitter, Instagram, LinkedIn and others social media platform. Capearth Business India Pvt Ltd or www.capearth.com or any authorised representative of Capearth Business India Pvt Ltd or www.capearth.com explicitly disclaims any responsibility for the terms of use and privacy policies that govern these third-party websites, which are in no way associated with us.
1.8 Capearth Business India Pvt Ltd or www.capearth.com or any authorised representative of Capearth Business India Pvt Ltd or www.capearth.com accepts no responsibility for any loss or damage suffered due to your reliance on the product or services reviews posted by the Capearth Business India Pvt Ltd or www.capearth.com or any authorised representative of Capearth Business India Pvt Ltd or www.capearth.com Users.
1.9 Capearth Business India Pvt Ltd or www.capearth.com or any authorised representative of Capearth Business India Pvt Ltd or www.capearth.com reserves the right to modify or withdraw any part of the website/App or any of its content at any time without notice.
You understand that the Website/App is a platform that users utilize to locate or identify the basics opportunity of investments with diversified assets class and financial investment tools and make basic understanding of services and products. Even though we take all the necessary steps to verify the authenticity of collecting the basic information on Financial or Capital Market or Banking Products and Services, You understand and agree that we shall not be liable for any deficiencies including but not limited to misconduct, injury caused or Loss/ Profit or lack of knowledge from the end of the Financial or Capital Market or Banking Products and Services . We are not a party to such interaction and take no liability that arises from any such acts of the Financial or Capital Market or Banking Products and Services.
Business Management Consultancy and Financial Products Services: All of the Treating Providers who deliver Services through www.capearth.com and its sub domains are independent professionals solely responsible for the services each provides to you. Capearth Business India Pvt Ltd or www.capearth.com is not associated with any designing, Structuring, Licensing, Production of any Insurance (Life and Non Life), Mutual Funds, Derivatives, Commodity, Bonds, Corporate Deposits, Treasury Instruments, Debentures, Business Banking, Investment Banking, Wealth Management, Joint Venture, Merger & Acquisition, Start-ups, Professional and any other financial or capital market or other products nor practice or any other licensed profession, and does not interfere with the practice of Financial Products or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Capearth Business India Pvt Ltd or www.capearth.com or its sub domains or any authorised representative of www.capearth.com or Capearth Business India Pvt Ltd nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Treating Provider via the Services.
Informed Consent: The services you receive from Treating Providers (Capearth Business India Pvt Ltd or www.capearth.com or its sub domains or any authorised representative of www.capearth.com or Capearth Business India Pvt Ltd) are not intended to replace a primary advisor or consultant or authorised, licensed professional relationship or be your permanent advisor, legal practitioners or licensed professional. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed and continue to consult with your primary care advisors, consultant or authorised legal person or representative and other financial professionals as recommended. You will have direct access to customer support services to follow up on your query, services or other related services. Among the benefits of our Services are improved access to Financial, Business, Investment Banking, Wealth Management, Private Banking, and other professionals and convenience. However, as with any Financial and Business service, there are potential risks associated with the use of Online Financial Services and in person face to face. These risks include, but may not be limited to:
• In rare cases, information transmitted may not be sufficient (e.g. poor resolution of services and products) to allow for appropriate Financial and Business decision making by the Treating Provider;
• Delays in evaluation or analysing could occur due to failures of the appropriate or authentic information of Business or Financial requirement or incomplete information of discussed subject. If this happens, you may be contacted by phone or other means of communication.
In rare cases, a lack of access to all of your financial or business or its activities records may result in loss or profit or damage and adverse reactions or other judgment errors;
• Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of Financial and Business information, in rare instances, security protocols could fail, causing a breach of privacy of personal Financial and Business information
By accepting these Terms of Use, you acknowledge that you understand and agree with the following:
You understand that you may expect the anticipated benefits from the use of Online or Digital Financial Services in your care, but that no results can be guaranteed or assured. You understand that the laws that protect the privacy and security of financial and business information apply to online and digital financial products and services, and have received www.capearth.com’s or its sub domain’s or Capearth Business India Pvt Ltd’s or any authorised representative of Capearth Business India Pvt Ltd’s or www.capearth.com’s or its sub domain’s Notice of Privacy Practices, which describes these protections in more detail. Electronic communications are directed to your Treating Provider(s) and their supervisees through a secure, encrypted video or scan documents interface and electronic financial and business record.
Your Treating Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide online or digital financial and business services to you through the Site.
With respect to wealth investment and business investment products and services, you are entitled to receive information from your Treating Provider about the methods of investing, the techniques used, the duration of your investment (if known), and the fee structure. You can seek a second opinion from another professionals or advisors or legal advisors or authorised person or terminate services at any time.
With respect to wealth investment and business investment products and services, if you and your Treating Provider decide to engage in group or couples therapy (collectively “Group Therapy”), you understand that information discussed in Group Therapy is for therapeutic purposes and is not intended for use in any legal proceedings involving Group Therapy participants. You agree not to subpoena the Treating Provider to testify for or against other Group Therapy participants or provide records in court actions against other Group Therapy participants.
The content on the Website and App is general in nature and summarized, and is provided for informational purposes only. The content of the Website and App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind.
We do not assure any liability for the contents of any material provided on the App. Reliance on any information provided by us, other visitors to the Website/App is solely at your own risk. We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this Site without notice.
You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright, publicity, and database rights you have in Your information, in any media now known or not currently known, with respect to your information to enable us to use the information for the purpose of providing the Services.
You release and indemnify us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website/App and specifically waive any claims that You may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
2. APP/WEBSITE AVAILABILITY
We take all reasonable care to ensure the availability of the www.capearth.com Website/App 24 hours every day, 365 days per year. However, the Website/App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. www.capearth.com does not warrant uninterrupted access to this Website/App or any linked website/App. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website/App.
3. LINKS TO THIRD-PARTY WEBSITES
We provide link to third-party websites, our online payment service partners, which process your Net Banking and Credit/Debit Card payments, respectively. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such Website link.
4. TERMS OF SALE
4.1 www.capearth.com may accept or decline any order placed by a Customer in its absolute discretion without liability to you.
4.2 www.capearth.com reserves the right to discontinue any program or offer on its Website/App.
4.3 We reserve the right, without prior notice, to limit the order quantity of any Products available on Www.capearth.com.
4.4 We acknowledge and you agree that you have fully and accurately disclosed your personal information and consent to its use by Capearth Business India Pvt Ltd and/or its affiliates.
4.5 You understand that all Products & Services shall be sold & dispensed by Capearth Business India Pvt Ltd and/or its affiliates.
6. CANCELLATION, RETURN AND REFUND POLICY
Refund Policy:
At www.capearth.com, we do our best to ensure that you are completely satisfied with our products. And we are happy to issue a full refund based on the conditions listed below:
Please note: Mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to 10 working days for the credit to appear in your account. While we regret any inconvenience caused by this time frame, it is the bank’s policy that delays the refund timing and we have no control over that.
How to Request a Refund:
To request a refund, simply email us your order or subscribed services details, including the reason why you’re requesting a refund. We take customer feedback very seriously and use it to constantly improve our quality of service.
If you have any queries, do call our help desk at +91 7024578789 email us at support@sh104.global.temp.domains, or contact our customer support executives through online chat. We’re here for you!
Return Policy:
We do our best to ensure that the services you opt for its purely based on your consent according to your specifications. However, should you receive an incomplete services, please notify Capearth Business India Pvt Ltd Customer Support immediately or within 10 working days of receiving the proposal, to ensure prompt resolution. Please note that www.capearth.com will not accept liability for such delay issues if you fail to notify us within 10 working days of receipt.
We also understand that various circumstances may arise leading you to want to cancel service or services that are not feasible on later stages. In these cases, we may allow the return of unattended services after deducting a 50% professional fee from the advance payment, ONLY if you notify us within 30 working days of receipt.
Return Policy Exceptions:
Please note that we are unable to offer exceptions, www.capearth.com reserves the right to refuse returns (or refunds) for certain services, as marked in the respective service agreements as “Note: This payments against subscription of services cannot be returned for a refund or exchange.”
7. CANCELLATION
The Website/App shall be only an intermediary connecting the User with the service provider. Once the appointment has been made and a confirmation has been given to the User, the Company shall inform the service provider who shall render the consult at the agreed time, location and mode provided at the time of booking the consultation.
- LOCATION
Currently we provide the phone call and face to face video call services in India. We also book appointments for direct consultation. For the same please contact us at +91 7024578789
9. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL
PROPERTY RIGHTS
9.1 As per the Terms and Conditions of www.capearth.com, the Website/App grants access to Users/Customers to view the content solely for visiting, ordering, and communicating only. All materials in this Website/App, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Website/App are copyrights and/or other intellectual properties owned by Capearth Business India Pvt Ltd Marketplace Limited. All other trademarks not owned by www.capearth.com that appear on this Website/App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Www.capearth.com.
9.2 You hereby agree that you will not reproduce, duplicate or copy the content of www.capearth.com for any purpose, unless you have been specifically permitted to do so in a separate agreement with this Website/App.
- USER INDEMNIFICATION
You hereby agree to indemnify, defend, hold harmless Www.capearth.com and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defences.
11.COMPLIANCE WITH LAWS
The User of the Website/App shall comply with all the applicable laws including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website/App.
12. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and your use of this Website/App and its content will be governed by and construed in all respects in accordance with the laws of India subject to the jurisdictional courts of Indore (Madhya Pradesh)
13. DISPUTE RESOLUTION
These Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. Any failure of the Website/App/ Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Website/App/Company, and all other provisions for which survival is equitable or appropriate.
In the case of a conflict between these terms and the terms of any electronic or machine-readable statement or policy, these Terms of Service shall prevail. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service shall prevail.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed here in below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English or Hindi, and the seat of Arbitration shall be the city of Madhya Pradesh, India. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Madhya Pradesh shall have exclusive jurisdiction over any disputes arising between the Parties.
14. SEVERABILITY
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
15. SUBMISSIONS
15.1 Www.capearth.com reserves sole discretion to accept, edit or reject any and all materials you may send to us (collectively, “Submissions”) as part of the features in the Website/App, including but not limited to, Ratings & Reviews, Ask Our Advisors Your Questions and Testimonials. Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of business.
15.2 Www.capearth.com shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
15.3 You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
15.4 The User/Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the www.capearth.com Website/App.
15.5 www.capearth.com does not endorse and is not responsible for any Submissions on its Website/App. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing
16. TERMINATION
You agree that Www.capearth.com, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the Website/App, at any time. You agree that any termination of your access to the Website/App or suspension of your account may be effected without prior notice, and you agree that www.capearth.com shall not be liable to you for any such termination. Your right to use the Capearth Business India Pvt Ltd Website/App /Service immediately ceases upon termination of your access/use of the Website/App. Capearth Business India Pvt Ltd reserves the right to terminate users account or product in event of the breach of terms and usage guidelines. We might also terminate your account if found in breach of any of clauses. You might also terminate the agreement in writing by intimation prior 7 days of termination.
17. CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to amend these terms and conditions from time to time without further notice to you. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the Website/App. It is your responsibility to review the Www.capearth.com Terms and Conditions regularly. Your continued use of the Website/App following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.
18. MISCELLANEOUS
We reserve the right to change these Terms of Service at any time without notice in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website/App after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website/App prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires us or any of their assets.
Children
As mentioned in our Terms & Conditions, no minors are permitted to register at or use the features of www.capearth.com . We do not intent to sell our services and products to them, neither do we wish to collect or maintain information from anyone known to be under 18. No part of the website, www.capearth.com is designed to attract anyone under the age of 18. If you are a minor but still want to purchase a product, you may do so through a parent or guardian who is a member of www.capearth.com
Protecting the privacy of children is our primary concern. Hence, we will not knowingly collect or maintain Data on our website from those who are under 18 years of age.
If a minor has provided us with personal information, the parent or guardian may e-mail us, and we will remove the information and unsubscribe the child from any promotional contact opportunities.
Mindfulness and compliance with company policies:
Our e-mail distributions will be in compliance with our current Privacy Policy. You may receive information about various products, services, promotional and special offers from us via email. This also includes information about various products, promotions and special offers from other selected companies or Associate Partners we may work with to get the best deals for our web users. We may link the data you give us about yourself with any data we have gathered (via cookies) about your use of this website, so that we can send you information about various products and services, offered on this website, which you may find interesting.
We hereby reserve the right to block usage of the Website/App if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.
Contact Information
Please contact us for any questions or comments regarding these Terms and Conditions.
Telephone number: +91 7024578789
E-mail: support@sh104.global.temp.domains
OTHER CONTENT
The Services may include hyperlinks to other websites or content or resources. The website may have no control over other websites or resources, which are provided by companies or persons other than this website.
You acknowledge and agree that this website is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that this website is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Acceptance of terms of Privacy Policy
By using our App and our website, you intend your acceptance of this Privacy Policy. If you are not agreeing to this Privacy Policy, You would not be able to get access to or use our Apps.
19.Right to Amend
The company has the right to make amendments or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Capearth Business India Pvt Ltd products and services with or without notice that we in our sole discretion deem to be reasonable in the circumstances. Any use of the Payment Gateway Services or software after our notification through email address of any such changes will constitute your acceptance of this Agreement as modified. Any rights or licenses granted hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without consent or other restriction upon notice to you or where substantially all of Capearth Business India Pvt Ltd assets are sold. Any attempt by you to assign this Agreement, or any rights or licenses granted herein, without Capearth Business India Pvt Ltd’s express written consent will be null and void.
20.Suspension and termination
The company has the rights to suspend any user account or temporarily disable access to whole or part of any service in case of any suspected illegal activity, breach of usage terms, extended periods of inactivity or requests by law enforcement or other government agencies.
This agreement is governed by the Indian laws without regard to its choice of law provisions.
Headings are included in this agreement for convenience only and will not be considered in interpreting this agreement. It will not limit any rights that we may have under trade secret, copyright, patent, or other laws. Our delay or failure to assert any right or provision under this agreement will not constitute a waiver of such right or provision. No waiver of any term of this agreement will be deemed a further or continuing waiver of such term or any other term.
21.Force Majeure
No party will be liable for any kind of delays in processing or other non performance caused by circumstances such as fires, telecommunications failures, utility failures, power failures, equipment failures, labour conflicts, violence, war, terrorist attack, non performance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations.
22.Survival
In addition to any planning that is reasonably necessary to complete or enforce the purpose of this agreement, legal to specific clauses that will survive termination of this agreement will last and remain in effect in accordance with their terms upon the termination of this agreement.
23.Taxes
It is your obligation to determine what, if any, taxes apply to the sale of your products and services and/or the payments you receive in connection with your use of products and services (“Taxes”). It is your sole duty to assess, collect, report, or remit the correct tax to the proper tax authority.
We are not supposed to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You admit that we can make certain reports to tax authorities in regards to transactions that we process and users to which we provide services.