TERMS OF SERVICE
The online platform www.cashrich.com (hereinafter, the “Website”) and CashRich (hereinafter, the “Mobile Application” or “App”) is owned and operated by CR CashRich Fintech Private Limited (“Company”), a company incorporated under the Companies Act, 2013 having its registered office at Thane, Maharashtra, India. “CashRich” is a trademark owned by the Company exclusively.
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.
CashRich is registered with the Insurance Regulatory and Development Authority of India (IRDAI) bearing Certificate of Registration No. CA0653 valid up to 27th May 2022 to act as an Insurance Corporate Agent (Composite) and thereby authorized to solicit and service life insurance business. Your access and use of the Platform for insurance products (“Insurance Service(s)”) shall be subject to the terms and conditions mentioned below (“Insurance Terms and Conditions”).
Please read these Insurance Terms and Conditions carefully before accessing or using the Platform or any part thereof. By accessing or using any part of the Platform, you agree to be bound by these Insurance Terms and Conditions. If you do not agree to all the terms and conditions herein, then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY CASHRICH.
These Insurance Terms and Conditions form a legal and binding agreement between the you and CashRich and is made pursuant to the terms of the Information Technology Act, 2000
Your personal data will be stored and collected by CashRich. By using the CashRich and/or registering yourself at CashRich you authorize CashRich (including its representatives, affiliates, and its business partners) to contact you via email or phone call or sms and offer you our services for the product you have opted for, imparting product knowledge, offer promotional offers running on CashRich and offers by its business partners and associated third parties, for which reasons your information may be collected in the manner as detailed under this Policy. You hereby agree that you authorize CashRich to contact you for the above mentioned purposes even if you have registered yourself under DND or DNC or NCPR service(s). Your authorization, in this regard, shall be valid as long as your account is not deactivated by either you or us.
Purposes of collection of your data:
CashRich collects your information when you register for an account, when you use its products or services, visit its Website’s pages. When you register with CashRich, you are asked for submitting certain information which may be personal to you such as name, mobile number etc. Once you register at the Website and sign in you are not anonymous to us. Also, you are asked for your contact number during registration and may be sent SMSs, notifications about our services to your wireless device. Hence, by registering you authorize the CashRich to send texts and email alerts to you with your login details and any other service requirements, including promotional mails and SMSs.
You represent and warrant that you (a) are at least 18 years old;
(b) competent to form a binding contract under the Indian Contract Act, 1872;
(c) have not previously been suspended or removed from using CashRich’s Services and/or the App or any part thereof.
(ii). YOUR ACCOUNT
If you wish avail of the Insurance Services, you are required to maintain an account on the App (“Account”). You will be required to furnish certain information and details, including your name, email id, contact number, financial information, and any other information deemed necessary by CashRich in order to create such Account. You understand that you are responsible for maintaining the confidentiality and security of your Account including log-in details and the password. You agree to accept responsibility for all activities that occur through your Account. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform CashRich immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You represent and warrant that all information, data and documents provide by you (a) for creating of the Account; and/or (b) through your Account are true, correct, accurate and up to date. In the event of any change, you agree to update the details on the Account in a prompt and swift manner. You further represent and warrant that at the time of making any new Account, you do not currently have an existing account on the App.
(iii). PROHIBITED USES
You shall not use or access the Insurance Services:
a. for any unlawful purpose; b. to solicit others to perform or participate in any unlawful acts;
c. in a manner so as to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances in India;
d. in a manner so as to infringe upon or violate CashRich’s intellectual property rights or the intellectual property rights of others;
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f. to submit or create false or misleading information;
g. to upload or transmit spam, viruses, or any other type of malicious code that will or may be used in any way to adversely affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h. to harvest or collect any information of the users of the Platform, including using any robot, spider, site search or retrieval application, phishing, or other manual or automatic device or process to retrieve, index or mine data;
i. for any obscene or immoral purpose; or
j. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
(iv). LICENSE BY CASHRICH
a. All intellectual property in or of the App and Website belongs to or is licensed to CashRich. CashRich grants you a limited, non-transferable and revocable license to access and use the Platform or any part thereof for availing the Insurance Services, but not to download any material from it (other than page caching) or modify it, or any portion of it for commercial use. Any unauthorized access to the Platform (or any part thereof) or any networks, servers or computer systems connected to the Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform is not permitted without CashRich’s express written consent.
b. This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots, or similar data gathering and extraction tools.
c. The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of CashRich, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by CashRich herein.
(v). TERMS FOR INSURANCE SERVICES
a. CashRich is registered with the Insurance Regulatory and Development Authority of India (IRDAI) bearing Certificate of Registration No. CA0653 valid up to 27th May 2022 to act as an Insurance Corporate Agent (Composite) and thereby authorized to solicit and service life insurance business.
b. CashRich does not underwrite the policies or act as an insurer. Insurance products will be underwritten by the Insurance Company based on your choice of policy (“Policy”). The Policy is a contract between you and the Insurance Company, and will be the subject matter of solicitation.
c. Any information that CashRich displays on its Platform regarding the Insurance Company or the Policy (“Insurance Information”) will be as per the information provided to CashRich by such Insurance Company. CashRich provides such information to you ‘as-is’ with all faults and to the maximum extent permitted under law, CashRich does not make any representations or warranties as to the accuracy or completeness of such information. CashRich will not be liable for any consequences you may face as a result of your reliance on such information. You are advised to carefully read and understand the terms of the Policy that you intend to purchase. You can reach out to CashRich at email@example.com for any questions.
d. The acceptance of the premium and final issuance of the Policy is subject to the underwriting norms and discretion of the Insurance Company. CashRich shall not be responsible or liable to anyone on account of any delay, failure or refusal by the Insurance Company to accept the premium or issue the Policy to you, however, in such an event, CashRich will endeavor to provide all reasonable assistance to you.
e. CashRich will only assist you in payment of premium, and provide assistance in the event of a claim. CashRich is not the insurer and is not responsible for and has no control over the settlement of any claims, which shall be entirely subject to the terms of the Policy. CashRich will not have any obligation or liability for any delay in settlement or non-acceptance of any claims by the Insurance Company. Any grievance you may face in this regard will need to be raised with the Insurance Company and appropriate authority for redressal.
(vi). THIRD PARTY MATERIAL AND SERVICES
CashRich may provide you links to third party services (“Third Party Services”) and may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). You acknowledge and agree that CashRich is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or Third Party Services. CASHRICH DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
2. Services Overview
The Website/App is a technology company which provides users with an investment platform named 'CashRich'. This transaction platform, which is meant for financial investments, will help users to invest in mutual funds (equity, debt, gold ETF etc.). We subsequently may start dealing with other financial investment products such as insurance, ETFs, and direct equities. All transactions shall be carried digitally and shall give the User to onboard with us without having to go through much paperwork.
Our Services shall be provided through the Mobile Application/Website CashRich, which is available on Android and iOS.
Aadhar is required for eKYC and the user allows the Company to use Aadhar-based eKYC for mutual fund investments and purchase of other financial products.
You are 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 registration, 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 application or updation form, CashRich Account Opening form and BSE Account Opening Form.
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. All financial transactions are done via secure digital channels. However, the Company shall not be liable for any data breach.
6. 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:
By using this Website/App, it is deemed that you have consented to receiving communication through calls, SMS, push notifications, autodialed and/or pre-recorded message calls, e-mails, from Us. The user agrees to receive promotional communication and newsletters from the Company and its partners.
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 our partners 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.
8. SCOPE OF SERVICES
As Our Website/App is a transaction platform, Users can invest in mutual funds directly or intermediaries . One or more intermediaries 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:
a) Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.
b) NACH mandate that is called QuickPay in the app
As prescribed by the financial institutions issuing the 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.
c)UPI payment option
d)NEFT or RTGS to transfer funds directly from the investor's bank account for mutual fund investments.
e)We may provide additional payment facilities in future if they are approved by the regulatory bodies.
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 Purchase, withdrawal, SIP, STP, SWP and any other transactions executed 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 / e-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/e-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.
d) The Company shall have no liability if user enters wrong bank account number or incurs eNACH/ NACH return charges due to insufficient funds in the bank account. Some banks may have charges associated with setting up of eNACH/ NACH or fees for its continued usage. The Company shall not be responsible for any such charges and there shall be no cost sharing or reimbursement to compensate the user for any such bank charges.
12. DISCLAIMER BY CASHRICH
13. ADDITIONAL DISCLAIMER
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 COMPANY WOULD NOT BE LIABLE TO COMPENSATE CLIENTS FOR NON-EXECUTED ONLINE TRADES DUE TO A SYSTEM FAILURE OR ANY TECHNICAL/ NON-TECHNICAL REASON AND OPERATIONAL DELAYS.
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, pandemic, terrorism, cyber attacks, ransomware 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 / partners when you visit qur website/App . 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 Mumbai, 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 Mumbai.
23. Miscellaneous Provisions
24. SUSPENSION OF ACCESS
CashRich may choose to stop providing the Insurance Services hereunder, and may terminate access to or use of the App at any time without any notice. Other than where CashRich informs you otherwise, upon any termination, (a) the rights and licenses granted to you under these Insurance Terms and Conditions will end; (b) your Account shall be suspended; and (c) you must stop using the App. CashRich reserves the right to suspend or cease providing any Service and shall have no liability or responsibility to you in any manner whatsoever if CashRich chooses to do so.
25. Contact Us
If you have any questions about this Agreement, the practices of CashRich, or your experience with the Service, you can email us at email@example.com.