TERMS OF SERVICE
www.cashrich.com (hereinafter, the “Website”) and Cashrich (hereinafter, the “Mobile Application” or “App”) is owned and operated by CR Fintech Private Limited (“Company”), a company incorporated under the Companies Act, 2013.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website/App or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website/App is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
- Services Overview
The Website/App is an online based technology Company which provides users with an investment platform named 'CashRich'. This transaction platform, which is meant for personal financial investments, will help users to invest in mutual funds (equity, debt, gold ETF etc.). We subsequently shall also start dealing with direct equities. All transactions shall be carried digitally and shall give the User to be onboard with Us without having to go through any paperwork.
Our Services shall be provided only through the Mobile Application Cashrich, which is available on Android and IOS.
To use the services provided on the Website/App, it is mandatory for a user to create an account by providing the necessary information. The Mobile Application shall verify the user’s account on the Website/ App by verifying the e-mail id and phone number. The Website/App shall subsequently enable user registration through Facebook, LinkedIn and Google plus.
You are solely responsible for protecting the confidentiality of the information you provide on the App and any activity under the account will be deemed to have been done by you. In the event you provide us with false/inaccurate details or the Company has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account.
During the registration process, the customer will be required to sign on the mobile screen. CashRich app will capture the signature of the customer and will utilize the same solely for the purpose of completing the registration formalities namely, KYC form, CashRich Account Opening form and BSE Account Opening Form. The signature does not allow CashRich to undertake any transactions other than the ones specified above.
In the event, if any discrepancy is found, in any of the information provided by the user, for example, information in any of the documents provided does not match with the adjoining documents, such mismatch shall lead to the rejection of the Documents. Signatures in electronic form have been recognized by law in India, as per Information Technology Act.
Transactions on the Website/App are secure and protected. Any information entered by the User when transacting on the App is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website/App in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- License and Access
The Company grants you a limited sub-license to access and make personal use of the Website/ App but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website/App or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
- is misleading or known to be false in any way.
This includes contacting you through information received through other parties. The use of this Website/App is also your consent to receive SMS from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website/App itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to firstname.lastname@example.org.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
- SCOPE OF SERVICES
As Our Website/App is a transaction platform, Users can invest in mutual funds directly or via distributors. One or more distributors can register their Users and place orders via mobile application. The revenue sources include fees from distributors for using our software platform and fees charged to direct users (without distributor) for using the mobile application.
The funds transferred for purchase of units of mutual funds will be done by using an Electronic Payment Gateway facility, through a third party who is a net banking service provider registered with the Reserve Bank of India. User cannot use or permit the use of the payment gateway or any related services for any illegal or improper purposes. Users shall utilize the Electronic Payment Gateway at their own risk
CashRich disclaims all liability and responsibility for any claims, losses, damages, costs of whatsoever nature arising due to such risks.
The following payment options are available on the Application:
- Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
- Visa & Master Card Debit cards;
- Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.
- We Use Payment Gateways
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction.
10. User Obligations
As You are a restricted user of this Website/App.
a. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted.
b. You agree not to access (or attempt to access) the Website/App and/or the materials or Services by any means other than through the interface that is provided by the Website/App/App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/ App. You acknowledge and agree that by accessing or using the Website/App or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App/App. Further, You may report such offensive content.
c. In places where this Website/ App allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
ii. Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
iv. Post any file that infringes the copyright, patent or trademark of other legal entities;
v. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another's computer;
vi. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
vii. Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of the Website/App, including any Website/App Account not owned by You, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/App;
viii. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, system resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
ix. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
x. Use the Website/App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties;
xi. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xii. Violate any applicable laws or regulations for the time being in force within or outside India;
xiii. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website/App contained herein or elsewhere;
xiv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xv. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
xvi. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
xvii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
xviii. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.
You shall not engage in advertising to, or in solicitation of, other Users of the Website/App to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website/App or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website/App. It shall be a violation of these Terms of Service to use any information obtained from the Website/App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website/App. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
11. USER DISCLAIMER
a) User has read and understood the contents of the Scheme related Document and the details of the scheme and they have not received or been induced by any rebate or gifts, directly or indirectly, in making investment. User hereby declares that the amount invested/to be invested by their investment in the scheme(s) of Mutual Fund (s) is derived through legitimate sources and is not held or designed for the purpose of contravention of any act, rules, regulations or any statute or legislation or any other applicable laws or any notifications, directions issued by any governmental or statutory authority from time to time. The AMFI Registration Number (“ARN”) holder has disclosed to user all the commissions (in the form of trail commission or any other mode), payable to ARN holder for the different competing Schemes of various Mutual Funds from amongst which the Scheme is being recommended to users.
b) User acknowledges that any directions pertaining to all transactions including withdrawal, STP and switch transactions provided by the User from its Registered User account shall be deemed to be considered as the bona-fide order placed by the User.
c) You understand and acknowledge that registration of NACH mandate is subject to the successful validation of the mandate by the Banks.You grant Authority to CashRich/ its authorized payment processing service provider (third party service provider) to debit your registered Bank Account through RBI’S ECS (Electronic Clearing System) mechanism or National Payments Corporation of India’s NACH (National Automated Clearing House). The conditions related to NACH are applicable as and when such a facility is made available. You agree, understand and acknowledge that in the entire process there would be an interim time lag in debiting the money from your Bank Account and the actual transferring / crediting to the respective AMC’s Bank account, as the money after the debited from your Bank Account shall be lying in the ECS / NACH debit cycle and / or third party pool account, before the actual transfer of funds to AMC’ s bank account on SIP date.
12. DISCLAIMER BY CASHRICH
a) CashRich has taken due care and caution in preparing the rating methodology based on the information obtained by CashRich from sources which it considers reliable (Data). However, CashRich does not guarantee the accuracy, adequacy or completeness of the Data and is not responsible for any errors or omissions or for the results obtained from the use of Data. The rating is not a recommendation to invest / disinvest in any scheme. CashRich especially states that it has no financial liability whatsoever to the subscribers/ users/ transmitters/ distributors of this Data.
- Any information contained in CashRich brochures or other materials or otherwise communicated by CashRich shall not be construed as investment advice and that all decisions to purchase or sell units made by user shall be on the basis of personal judgment arrived at after due consideration. CashRich does not in any manner: Guarantee payments on any units; or Guarantee liquidity of any units; or Make any offer to buy back any units; or Guarantee the redemption or repayment of any units on maturity; or Guarantee the payments of interest or dividend; or Promise, indicate or guarantee any returns; or Guarantee any good delivery. subscribe to units of mutual funds on behalf or in name of user or collects payments from user for the units so purchased by user for remitting it further to the AMCs; or receive any account statement from mutual funds/AMCs, on behalf of or in the users name pertaining to the units; or redeem /sell the units held by user or on its behalf or in its name; or unilaterally instruct the mutual fund and/or the corresponding AMCs with regards to nomination/changes in investments plan/any other changes; or sign any document on behalf of or in the name of user for purchase, sale or redemption of units; or collect, receive and / or give receipts and discharges for any sum including dividend, interest or income arising from the units and does not sign and/or endorse dividend and interest warrants on my/our behalf or in my/our name; or Correspond with or gives notice to the mutual fund/AMCs on behalf of or in the name of user, except for transmission of transactions done or purported to be done by user on the online technology platform. CashRich does not make any promises to the user basis the graphical representation provided on the Website/App and App. The data collected from the user to calculate the prospective investments amount and is in relation to the past investment history of the user and shall not be construed as an authoritative advice to the user. CashRich does not offer any advice and nothing herein or on the CashRich Website/App and App shall be construed as investment advice by user. Any sum invested through CashRich Investment Account is not a deposit with CashRich and is not bank insured. The same is not endorsed or guaranteed and does not constitute obligations of CashRich or any of the subsidiaries associates or affiliates companies whose role in only as described in these Terms and Conditions. Investments in mutual fund are subject to investment risk, including the possible loss of principal amount invested. The value of the units purchased or not purchased will fluctuate. If user redeems the units/shares purchased, user may receive more or less than user has/had paid depending upon NAV of the units in the fund or trust at the time of redemption. Past results are not a guarantee to future performance. Past performance may or may not be sustained in the future.
- CashRich shall not in absence of gross negligence on the part of CashRich, be liable to user for any act, omission or delay by the mutual fund or for any claims which user may suffer or incur as a result of or in course or discharge by CashRich or its employees, officers, directors, nominee or agent of CashRich’ duties. Without prejudice to the above, CashRich shall not be held liable for any loss or damage or failure to comply or delay in complying with its obligations under these Terms and Conditions which is caused directly or indirectly by any event or circumstances beyond CashRich’s reasonable control. These include system failure, network errors, delay or loss of data due to the above and in circumstances of acts of God, floods, epidemics, quarantine, riot, civil commotion and/or war. User further agree that CashRich shall not be held liable for any losses, damages, expenses, costs, liabilities and claims of whatsoever nature caused by fraudulent or unauthorized use or access of user information, and/or signatures. CashRich will be under no duty to verify compliance with any restrictions on user’s investment powers. CashRich will not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of any defects or imperfections or mechanical or other failure with relation to computer, cable, telex, telephone or postal system. While CashRich will make every effort to have its computer systems available at all times, CashRich makes no guarantees with respect to the availability of such systems. CashRich will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, CashRich will as such not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of lack of such availability. CashRich shall not be liable for any loss or damage caused by reason of failures or delay of the mutual fund to deliver any units purchased even though payments have been made for the same, or failure or delay in making payment in respect of any units sold, though they may have been delivered and user shall hold CashRich harmless and free from any claim in respect thereof. CashRich shall also not be liable for any delay, failure or refusal of the mutual fund in registering or transferring units to user names or for any interest, dividend or other loss caused to user arising therefrom. In instances of third party claims, CashRich shall not be liable for any failure/delay, wherein such claims/losses are arising due to a reason entirely attributable to an error or gross negligence of the mutual funds/BSE/AMC.
d) Limits: CashRich may from time to time impose maximum and minimum limits on funds that may be transferred by virtue of the payment transfer service given. User realize and accept and agree that the same is to reduce the risks of the user. User shall be bound by such limits imposed and shall strictly comply with them. User shall indemnify CashRich from and against all losses and damages that may be caused as a consequence of breach of any of the Electronic Payment Gateway for net banking and the terms and conditions mentioned herein above. User are authorized to make transaction only with and from the bank account(s) registered on the Website. Banks has all the right to cancel, reject and/or unauthorize the transaction made by the user, from any other account, details of which is not registered or provided to CashRich. Such payment which is rejected by the banks shall be notified or intimated to the user, in the morning of the next business day.
e) In case of rejection of your purchase request by CashRich, BSE, mutual fund or RTA the amount will be credited into your bank account only after the receipt of the refund from the relevant Mutual Fund. It might take 7-10 working days to process refunds.
13. ADDITIONAL DISCLAIMER
- For promotional schemes or loyalty programs, We shall share Your demographic information with our partners. Partners refer to entities whom we have engaged for providing promotional schemes or loyalty programs.
- Mutual Fund investments are subject to market risks. Please read the Statement of Additional Information / Scheme Information Document carefully before investing.
- Due to limited space, the above disclaimer has not been included on application screen
- Redemption will be guaranteed solely through the mobile application.
- Allotted NAV shall be on best effort basis. Due to any technical issue or unavoidable circumstances, allotment of units might get delayed.
- Any tax related liability arising out of the investment or redemption transactions is user’s responsibility. Timely filing of income tax or any other tax is not part of our service.
14. Copyright and Trademark
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the Company. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.
You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party Website/Apps, you do so entirely at your own risk and expense.
15. Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE/APP, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/APP IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CASHRICH MAKES NO WARRANTY THAT
a. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
b. MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
c. ANY ERRORS OR DEFECTS IN THE WEBSITE/APP, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. CASHRICH ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/APP IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. CASHRICH ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE/APP WITH RESPECT TO THE THIRD PARTY WEBSITE/APP OR THE SERVICES ARE FOR INFORMATION PURPOSE ONLY.
16. Indemnification and Limitation of Liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/APP/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/APP, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL CASHRICH, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/APP, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website/App. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement.
18. Force Majeure
Cashrich shall not be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized acts.
19. Third Party Services
CashRich may provide you links to third party services when you visit Our Website/App (“Third Party Services”). You hereby agree to use the Services at your own risk and We shall not be held liable for the same.
20. Compliance with Laws
All users 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 the Reserve Bank of India from time to time, Customs Act, Information 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 the Government of India) applicable to them respectively for using Payment Facility and the Website/App.
21. Disputes and Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
b. Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at , India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at.
- Miscellaneous Provisions
- Entire Agreement: The terms and conditions set forth in this Section 3 and any additional or different terms expressly agreed by Client and Service vendor shall constitute the entire agreement and understanding of Client and Service vendor with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Client and Service vendor shall always remain subject to the terms of the by CR Fintech Private Limited user Agreement.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
24. Contact Us
If you have any questions about this Agreement, the practices of Cashrich, or your experience with the Service, you can e-mail us at email@example.com.