TERMS OF USE

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

TERMS OF USE

In these Terms, unless the context or meaning otherwise requires all capitalised words and expressions defined by inclusion in quotation and/or parenthesis anywhere in these Terms, have the same meanings as ascribed to such words and expressions.

1. MEMBERSHIP ELIGIBILITY

Use of the Platform is available only to natural persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 (Eighteen) or with disability shall not register on the Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Website, such use or transaction may be made by a verifiable consent by the minor’s legal guardian or parents on the Website. If a person with disability wishes to use or transact on the Website, such use or transaction may be made by a verifiable consent by such person’s legal guardian or parents on the Website. Any minor or person with disability accessing, using or transacting on the Platform in violation of these Terms shall be doing so at their own risk and 26ideas shall not be responsible or liable for any activities or interactions of such minor or person with disability on the Platform. 26ideas reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the notice of 26ideas or if 26ideas discovers for itself that such person is not eligible to use the Platform.

2. ACCEPTANCE OF TERMS

  • 2.1 In order to use the Platform, any individual who visits and/or uses the Platform (“User”) must first agree to these Terms. The User can accept these Terms by:
    1. 2.1.1

      Actual usage of the Platform;

    2. 2.1.2

      By way of submitting an application for ‘Build’, ‘Grow’, ‘Invest’ or any other such offering on the Platform (“Application”). In this case, the User understands and agrees that the earlier affirmative consent given by him/her on the Platform shall be treated by 26ideas as a continued acceptance of these Terms; or

    3. 2.1.3

      By clicking to accept these Terms, if and when prompted on the Platform.

3. SUBMITTING AN APPLICATION ON THE PLATFORM

  • 3.1

    The User hereby confirms and undertakes that the information provided by the User while submitting an Application on the Platform is and will be true, accurate, up-to-date, and complete at all time

    3.2

    The User agrees that if the User provides any information to 26ideas that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete, 26ideas shall have the right to disqualify the Application and/or terminate any engagement or collaboration. The User is advised to use due caution when providing any information to 26ideas accordingly.

4. USE OF THE PLATFORM

  • 4.1

    The User agrees, undertakes and covenants that, during the use of the Platform, the User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

    1. 4.1.1

      belongs to another person or entity and to which the User does not have any right.

    2. 4.1.2

      is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person’s privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever.

    3. 4.1.3

      is misleading in any way.

    4. 4.1.4

      is harmful to minors.

    5. 4.1.5

      involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.

    6. 4.1.6

      infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number).

    7. 4.1.7

      provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses.

    8. 4.1.8

      tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, Account information or information of other Users/visitors of the Platform, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users/visitors of the Platform.

    9. 4.1.9

      engages in commercial activities without 26ideas’ prior written consent such as engages in contests, sweepstakes, barter, advertising, et

    10. 4.1.10

      interferes with another User/visitor’s use of the Platform.

    11. 4.1.11

      impersonates another person.

    12. 4.1.12

      threatens the unity, integrity, defence, 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 foreign states.

    13. 4.1.13

      refers to any website or URL that, in 26ideas’ sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.

    14. 4.1.14

      deceives or misleads the addressee/users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.

    15. 4.1.15

      is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

    16. 4.1.16

      contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or Personal Information of another User/visitor.

    17. 4.1.17

      is in the nature of an online game that is not verified as a permissible online game.

    18. 4.1.18

      is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.

    19. 4.1.19

      violates any applicable law for the time being in force.

  • 4.2

    The User agrees and acknowledges that the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. 26ideas strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and 26ideas isn’t liable for any disruption or loss the User may suffer as a result.

  • 4.3

    The User agrees and acknowledges that (a) User shall not use the Platform for any illegal or unauthorized purpose; and (b) User’s use of any information or materials on the Platform is entirely at the User’s own risk, for which 26ideas shall not be liable. The User agrees to comply with all laws, rules and regulations applicable to the use of the Platform.

  • 4.4

    26ideas shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure the User’s compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.

5. AGREEMENT TO RECEIVE COMMUNICATION

The User hereby by way of accepting these Terms consents to the receipt of communication from 26ideas by way of Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to the Application made on the Platform and/or any promotions that are undertaken by 26ideas, services from 26ideas and its third-party partners.

6. LINKS TO THIRD PARTY WEBSITES

The Platform may contain links and interactive functionality interacting with the websites of third parties for the purpose of marketing and promotions. 26ideas is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, 26ideas strongly recommends that the User reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

7. LIMITATION OF LIABILITY

  • 7.1

    The User hereby acknowledges that 26ideas shall not be held liable to the User for any claims, liabilities, losses, costs or damages including but not limited to special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues.

  • 7.2

    26ideas shall also not be liable under any circumstance for damages arising out or related in any way to (a) any errors, mistakes, or inaccuracies of Content (defined below); (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (d) any loss of the User’s data arising from any use of or inability to use any parts of the Platform; and/or (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via. the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not 26ideas is advised of the possibility of such damages.

8. DISCLAIMERS

  • 8.1

    THE CONTENT (AVAILABLE ON THE PLATFORM OR COMMUNICATED BY 26IDEAS THROUGH OTHER MODES) ARE SOLELY FOR GENERAL INFORMATIONAL PURPOSES AND DOES NOT AMOUNT TO ANY LEGAL, REGULATORY, INVESTMENT, ACCOUNTING, TAX OR OTHER SUCH ADVICE. USERS SHALL BE SOLELEY RESPONSIBLE FOR ANY DECISIONS TAKEN BASED ON ANY CONTENT AVAILABLE ON THE PLATFORM. 26IDEAS SHALL NOT BE LIABLE FOR SUCH CONTENT OR ANY DIRECT OR INDIRECT CONSEQUENCES THEREOF.

  • 8.2

    NOTHING ON THE PLATFORM IS INTENDED TO CONSTITUTE (A) AN OFFER OR SOLICITATION OF AN OFFER, TO PURCHASE OR SELL ANY SECURITY OR ASSET; (B) INVESTMENT ADVICE OR AN OFFER TO PROVIDE SUCH ADVICE; OR (C) A RECOMMENDATION FOR MAKING ANY INVESTMENT DECISION OR INVESTMENT STRATEGY.

  • 8.3

    THE PLATFORM AND ALL INFORMATION, CONTENT AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE PLATFORM (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BY 26IDEAS ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. 26IDEAS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. 26IDEAS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. 26IDEAS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, 26IDEAS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

9. INDEMNIFICATION

The User shall indemnify and hold harmless 26ideas, its affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

10. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

  • 10.1

    Other than the trademarks, logos and service marks displayed on the Platform that are the property of other third parties, 26ideas solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with 26ideas’ services provided on the Platform and Contents (collectively, “Platform Content”) and is protected under Indian law.

  • 10.2

    Through the User’s use of the Platform, by no means are any rights impliedly or expressly granted to the User in respect of such Platform Content. 26ideas reserves the right to change or modify the services and/or the Platform Content (as the case may be) from time to time at its sole discretion.

  • 10.3

    The User hereby acknowledges that the Platform Content constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by 26ideas and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of 26ideas and such others. The User thereby agrees to protect the proprietary rights of 26ideas and such others during and after the term of these Terms. The User may not selectively download portions of the Platform without retaining the copyright notices. The User may download material from the Platform only for the User’s own personal use and for no commercial purposes whatsoever.

  • 10.4

    The User shall use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform; (c) violate any applicable laws, rules or regulations in connection with his/her access or use of the Platform, including his/her use of any Platform Content; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform; (e) use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Platform or other services; (g) use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms; (h) use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any services; or (i) derive any confidential information, processes, data or algorithms from the Platform.

  • 10.5

    Any infringement shall lead to appropriate legal proceedings against the User at appropriate forum for seeking all available remedies under applicable laws of the country.

11. PRIVACY POLICY

The personal information/data provided by the User to 26ideas during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If the User objects to his/her information being transferred or used, the User is advised not to use the Platform.

12. SEVERABILITY AND WAIVER

These Terms, the Privacy Policy, any other referenced material herein or on the Platform along with any other agreement entered by the User with 26ideas, are the entire agreement between the User and 26ideas with respect to the use of the Platform and shall govern the future relationship and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the User and 26ideas with respect thereto. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

13. ASSIGNMENT

It is expressly agreed by the parties that 26ideas may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to the User, except to the extent provided by law.

14. GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The venue and seat of arbitration shall be Mumbai.

15. GRIEVANCE REDRESSAL MECHANISM

For registering your concerns, complaint or grievances, please write to the below mentioned designated officer of 26ideas at the below-mentioned email address in relation to any violation of these Terms or the applicable laws. The designated officer shall redress the concerns, complaint or grievances in accordance with the applicable laws

Name:

Ashim Jolly

Address:

C-539, SFS Flats, Sheikh Sarai Phase I, Delhi – 110017

Mobile No:

16. HOW TO CONTACT US

If the User has questions or concerns about these Terms, the User may contact 26ideas at the following mail address: people@13.201.247.4 or by calling on the following number: 9820159009