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TERMS OF USE

Publish Date: 10-August-2022

TERMS OF USE

THIS TERMS OF USE (“TERMS”) 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.

 

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF OUR WEBSITE.

 

This Terms apply to the use of the website www.profit-plum.com, mobile-optimized version of the website and other media formats (Collectively referred to as “Website” or “Platform”), owned by Profit Plum Invest Advisors Private Limited, a company incorporated under Companies Act 2013, having its registered office at  Office 201, Shetrunji Apt., Sahakar Gram Ashok, X Road 3, Kandivali East Mumbai, Maharashtra – 400101, India (hereinafter referred to as the “Company” “We” “Us” and “Our”), under the name and style of “Profit Plum” or Profit Plum Invest, or Profit Plum Invest Advisors. The Company is engaged in the business of providing an online facilitation platform allowing users to search for and purchase whole or part-shares of assets listed on the Website (“Services”).

 

NOTHING CONTAINED ON THE WEBSITE SHOULD BE CONSTRUED AS AN AUTHORIZATION BY THE SECURITIES AND EXCHANGE BOARD OF INDIA (“SEBI”) TO SOLICIT INVESTMENTS NOR SHOULD THE PLATFORMS BE CONSTRUED AS A SEBI AUTHORIZED CROWDFUNDING PLATFORM OR A STOCK EXCHANGE, OR THEIR EQUIVALENT. THE WEBSITE IS USED BY US TO PROVIDE SERVICES TO OUR REGISTERED USERS, AND WE DO NOT SEEK TO SOLICIT INVESTMENTS FROM THE PUBLIC AT LARGE.

 

Please read the Terms carefully. By accessing, browsing or otherwise using the Website, or any other websites or applications of the Company that links to these Terms and/or by accessing any content on the Website including any Services, data, text, software, photographs, graphics, audio, video, message or other material appearing on the Website (collectively, “Content”) you (“You”, “User”, “Your”, “Yourself” “Customer”) represent that You have read and understood the terms and conditions specified in the Terms and thereby expressly agree to be bound by the Terms. If You do not agree with the Terms mentioned herein, please exit this Website and restrict your access. The User agrees and understands that the Website and its Content is owned by the Company or its licensors, if any. It is hereby clarified that User means You, and does not include Your permitted assigns, successors, trustees, successors-in-interest, heirs and legal representatives and the like, unless the context requires otherwise. 

 

Any changes to this Terms will become effective upon posting of the revised Terms on the Website. It is recommended that You regularly check this Terms to apprise Yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply Your unconditional acceptance of such updates to this Terms.

In order to use the Website, it shall be Your responsibility to comply with these Terms, Privacy Policy and any other agreement(s) that You may enter into with the Company. In case of conflict between this Terms and such agreement that You may enter into with the Company, the interpretation placed by the Company shall be final and binding on You.  A breach or violation of any of the Terms will result in an immediate termination of Your access to and use of the Website.

 

ELIGIBILITY

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  1. Use of the Website is available only to 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 Website.

  2. Any person under the age of 18 shall not use the Website or if any minor wishes to use the Website, then the same must be accessed through minor’s legal guardian or parents. Any minor accessing or using the Website in violation of these Terms shall be doing so at their own risk and the Company shall not be responsible or liable for any activities or interactions of such minor on the Website.

  3. The Company operates this Website from Mumbai, Maharashtra, India and makes no representation that the materials are appropriate or will be available for use in other locations. Those who access the Website from outside India are responsible for compliance with local laws.

  4. If You represent an entity, organization, or any other legal person then You hereby confirm and represent that You have the necessary power and authority to bind such entity, organization, or legal person to these Terms.

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ACCEPTANCE OF TERMS

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  1. The User is required to carefully read these Terms, as it contains the Terms governing the User’s use of the Website and any Content that the Company may make available through the Website about itself or its Services.

  2. The User shall not use the Website if the User does not accept the Terms or is unable to be bound by these Terms.

  3. By agreeing to this Terms, the User is entering into a legally binding contract with the Company and hereby represents and warrants that the User has validly entered into these Terms and has the legal power to do so.

  4. The User further represents and warrants that the User shall be solely responsible for the due compliance with these Terms. As such, the User shall indemnify and hold the Company harmless from and against any and all loss, costs, damages, liabilities and expenses (including attorney’s fees) incurred in relation to or arising from Your breach of the Terms.

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INFORMATIONAL WEBSITE

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  1. You agree, understand and acknowledge that the Website is an online platform that enables and provides information regarding the Company and its Services on the Website. You further agree and understand that the information and Content provided by the Company on the Website is for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. All information including Content on the Website is provided on a good faith basis, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any such information on the Website.

  2. Information displayed on this Website is upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. You may choose to use information displayed on this Website at your own risk. Neither Company, its affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Website.

  3. The Website has been prepared solely for purposes of information. The information available on the Website is for convenience of presentation and under no circumstances should the Website be used or considered as an offer to sell or the invitation or solicitation of an offer to buy any asset listed on the Website. Before making a decision with respect to purchasing any asset, Users are advised to carefully read the related legal documentation. Further, Company does not give or offer any business advice, investment advice, tax or legal advice to anyone using this Website. Accordingly, Users are advised to consult with their tax, legal and financial advisors and carry out their own due diligence with respect to purchasing and/or investing in any asset.

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USE OF THE WEBSITE

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  1. The Website may allow the Customer to post certain Content, data or information belonging to the Customer, such as reviewing and allowing the Customer to share the Customer’s experience and views about a particular Service, post the Customer’s comments and reviews in relation to Contents and/or Services on the Website on specific pages of the Website, as well as submit/post any photos, videos, suggestions, comments, questions or other information to the Company using the Website (collectively referred to “User Content”).

  2. The Customer, being the originator of the User Content, is responsible for the User Content that the Customer uploads, posts, publishes, transmits or otherwise makes available on the Website. The Customer represents that the Customer exclusively owns the copyright in the User Content and has obtained all relevant consents and approvals in order to post any User Content. The Customer further represents that all such User Content will be in accordance with applicable law. The Customer acknowledges that the Company does not endorse any User Content on the Website and is not responsible or liable for any User Content. The Company reserves the right to disable access to the User Content on the Website.

  3. In case a third party appears in a User Content, the Customer confirms that the Customer has obtained prior consent of such third party before uploading or posting such User Content. The Customer further agrees that the Customer shall indemnify the Company against any and all claims raised by such third party with respect to the User Content.

  4. The Customer hereby grants the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content in any manner as deemed appropriate by the Company in any form including but not limited to print, broadcast, online and across any and all websites owned by the Company, on any social media channels including but not limited to Facebook , Google web-page, Instagram and Twitter.

  5. The Customer represents and warrants that the Customer owns or otherwise controls all of the rights to the User Content that the Customer posts or that the Customer otherwise provides on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (a) the User Content is accurate; (b) use of the User Content the Customer supplies does not breach these Terms; and (c) such User Content is lawful.

  6. The Customer further represents and warrants that while posting any User Content on the Website, the Customer shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, the Customer shall not post any Content on the Website that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

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

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

    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually-explicit (including nudity, implied nudity, excessive visible skin or cleavage, even if not explicitly sexual in nature, and any images focused on individual body parts, even if not explicitly sexual in nature), paedophilic, libellous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, sensational, gory,  depicting violence or threats of violence,  relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the laws in force in any manner whatsoever; could be construed as divisive/stereotyping should be avoided if it could be interpreted as ‘hateful’ (Gender exclusive Content is excluded from this, provided it is positive);

      • is harmful to children;

      • is misleading in any way;

      • 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, e-mail address, physical address or phone number) or rights of publicity;

      • contains assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status. However, pro-equality Content, particularly for gender and sexuality shall be permissible;

      • impersonates another person or provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;

      • provides information about any Services, or Content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. This could include promotion of tobacco or tobacco-related products, recreational or medical marijuana, bongs and rolling papers;

      • tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or personally identifying information for commercial or unlawful purposes from other Users of the Website;

      • engages in commercial activities without the Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;

      • exploits controversial political or social issues for commercial purposes;

      • interferes with another user’s use of the Website;

      • refers to any Website or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Website or any other Website, contains Content that would be prohibited or violates the letter or spirit of these Terms;

      • 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;

      • serves to communicate fake, inaccurate or misleading information including fake inaccurate or misleading news or facts;

      • contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

      • 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 cognisable offence or prevents investigation of any offence or is insulting other nation;

      • 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;

      • 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; or

      • violates any law for the time being in force.

  8. The User agrees and acknowledges that (a) the User shall not use the Website for any illegal or unauthorized purpose and shall not collect information from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever; and (b) none of the Content shall be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of the Company and/or its licensors.

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

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RIGHT TO ACCESS WEBSITE

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  1. Subject to Your compliance with these Terms and payment of fees (if and as applicable), Company grants You a limited, non-transferable, non-exclusive right to access, and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company, as may be applicable.

  2. The User shall not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent.

  3. The User shall not use any meta tags or any other "hidden text" utilising Company’s names or trademarks without the express written consent of Company, as applicable.

  4. The User shall not 'mirror' any material including the Content contained on the Website or any other server without the prior written consent of the Company. Any unauthorised use terminates the permission or right granted by Company.

  5. The Company will do its best to ensure that the availability of the Website will be uninterrupted. However, due to the nature of the Internet, this cannot be guaranteed. Also, Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

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OPENING AN ACCOUNT

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  1. The Website allows only limited and restricted access to the Services for unregistered Customer. The Website and the Services therein are intended only for registered Users who have completed the registration process and completed the KYC (Know-Your-Customer) requirements set out on the Website.

  2. In order to use the Website, as part of the sign-up process, the Customer will have to create an account (“Customer Account”), which can be done either by signing up through, by the Customer’s personal e-mail address, Google account, a one-time password sent on the mobile number for verification or through such other means as may be indicated by the Company. In case of login through personal e-mail address, the Customer will be required to provide the Customer’s name, an e-mail address and a password. In case of login through Google account, the Customer will be required to provide the Google account, Customer’s name, an e-mail address and a password.

  3. While signing-up with the Company to use the Platform, the Customer shall not:

    • create a Customer Account for anyone other than the Customer, unless such person's prior permission has been obtained and provided to the Company, on request;

    • use a Customer Account that is in the name of another person with the intent to impersonate that person; or

    • create more than one Customer Account on the Platform.

  4. The Company shall not be liable for any loss or damage arising from the Customer’s failure to comply with this Clause.

  5. The Customer hereby confirms and undertakes that the information provided by the Customer while signing-up is and will be true, accurate, up-to-date, and complete at all times. The Customer agrees that if the Customer provides any information to the Company that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete, the Company shall have the right to indefinitely suspend or terminate or block access to the Customer Account on the Website and refuse to provide the Customer, access to the Website.

  6. Once registered, the Customer can log in to the Customer Account by (a) using the e-mail address and password; or (b) Facebook account or (c) Google account; or (d) a one-time password sent on the mobile number for verification (“Customer Login Credentials”).

  7. The Customer understands that once the Customer registers as a user on the Platform, the Customer may receive multimedia text messages as SMS, Email, Push Notifications, and phone calls from the Company on the registered mobile number and other third party websites/modes provided at the time of sign-up and the Customer may receive e-mails on the Customer’s registered e-mail address. These messages, e-mails and calls could relate to the Customer’s registration, transactions that the Customer carries out through the Platform and promotions that are undertaken by the Company. The Customer, hereby, by way of accepting these Terms consents to the receipt of such communication from the Company.

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ACCOUNT CONFIDENTIALITY OBLIGATIONS

 

  1. The Customer agrees that the sole responsibility of maintaining the security and confidentiality of the Customer Login Credentials rests with the Customer at all times. The Customer shall not share these Customer Login Credentials with any third party and the Company shall not be liable for any loss or damage arising from such breach.

  2. The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and the Customer Account.

  3. The Customer is solely responsible for all activities that occur under the Customer Account and hereby undertakes that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of India.

  4. In no event and under no circumstances shall the Company be held liable for any liabilities or damages resulting from or arising out of the Customer’s use of the Website or the Customer Login Credentials, theft of the Customer Login Credentials or release by the Customer of the Customer Login Credentials to a third party, or the Customer’s authorization to allow another person to access and use the Website using the Customer Account.

  5. The Customer agrees to (a) immediately notify the Company of any misappropriation or unauthorised use of the Customer Account or any other breach of security via. the registered e-mail address that was used at the time of sign-up or in such other manner as may be indicated by the Company; and (b) exit from the Customer Account at the end of each session. The Company cannot and shall not be liable for any loss or damage arising from the Customer’s failure to comply with this Clause. The Customer shall be held liable for losses incurred by the Company or any user or visitor of the Website due to authorised or unauthorised use of the Customer Account, as a result of the Customer’s failure in keeping the Customer Login Credentials confidential. 

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PAYMENT FACILITY

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  1. The Website may permit payment via various modes, including virtual payment wallets and online payments through debit cards, unified payments interface (UPI), NEFT and internet banking (“Payment Mode”). Please note that payments made through any Payment Mode are operated and processed by third-party payment gateway service providers engaged by the Company from time to time. You agree and acknowledge that the Company bears no responsibility for payments made through any Payment Mode to avail the services through this Website. Further, the Customer hereby agrees to comply with any other additional terms and conditions that may be prescribed by the third-party payment gateway service providers for processing the online payments made by You on the Platform. Customer understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service. Further, Customer acknowledges and agrees that in addition to fees/consideration payable by Customer for availing the services on the Platform (inclusive of applicable taxes), Customer will also be required to pay the applicable payment gateway service charges (if any) for each transaction that Customer make on the Website.

  2. While availing any of the Payment Modes available on the Website, the Company shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage, arising directly or indirectly to the Customer due to:

    • lack of authorization for any transaction(s);

    • exceeding the pre-set limit mutually agreed by the Customer and between bank/s;

    • any payment issues arising out of the transaction;

    • rejection of transaction for any other reason(s) whatsoever.

    • All payments made against the Services on Website by the Customer shall be compulsorily in Indian Rupees. It is expressly clarified that the Company will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Website.

    • The Customer acknowledges and agrees that the Company will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of the Company.

    • Though the Company has undertaken utmost care to provide secure payment system, the Customer acknowledge and agrees that all online payment systems are susceptible to hacking, virus attacks, malfunction.

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FEES  

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  1. While many of the Services are free to use on the Website, use of some of the Services requires the payment of a fee, as may be indicated in the Platform, to the Company as a facilitation fee for providing its Services to the users.

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THIRD-PARTY CONTENT

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  1. The Website might contain links to third-party websites, services, and advertisements for third parties. Third-party websites may in turn link to the Website. You acknowledge and agree that third-party websites, advertisements and services are not under the control of Company and that Company is not responsible for the information, content, products, services, advertising, or other materials which may be provided therein (“External Content”).

  2. Additionally, we may furnish reports, summaries, charts, data, valuation reports, and analysis prepared by third parties for You to provide better understanding of the opportunity and the risks associated with it (“Third Party Materials”). You understand and acknowledge that Your reliance on any Third Party Materials is at Your own risk, and You should always obtain independent business, legal and tax advice in relation to all Your decisions.

  3. The inclusion of any link to such External Content or Third Party Materials on the Website does not imply Company’s endorsement, sponsorship, or recommendation of such External Content or Third Party Material. Company specifically states that the links to External Content and Third Party Materials have been provided for convenience purpose and Company does not review, approve, monitor, warrant, make any representations, or assume any liability whatsoever in connection with the use or reliance of such External Content.

  4. We strongly advise You to read the terms and conditions and privacy policies of any third party websites or services that you click on, access or use.

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PERSONAL INFORMATION

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  1. Your submission of personal information through the Website is governed by our Privacy Policy. Please review the Privacy Policy to understand our privacy practices.

  2. The personal information/data provided by You during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If You object to that the given information is transferred or used, please write to us at legal@profit-plum.com or the Company advises You to not use the Website for Your safety purposes.

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FORCE MAJEURE EVENTS

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  1. For the purpose of these Terms, the term “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, foreign or governmental order including orders of lock-down, quarantine, an outbreak of an epidemic, pandemic or other communicable diseases, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within the control of the Company and which the Company is not able to overcome. The Company shall solely determine what would constitute as a Force Majeure Event and the same shall be final and binding upon its Users.

  2. The Company shall not be liable to the User for Website’s failure to perform or for delay in the performance of the Website including any unavailability, non-availability or partial availability of the Website, downtime, maintenance of the Website, slow-down of the Website, any disruption, defects, deficiency or delay in the Services arising from the acts/omissions of the Customer, non-responsiveness of the Customer, in each case to the extent such failure or delay results from causes beyond Company’s reasonable control including Force Majeure Events.

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CONTENT AND INTELLECTUAL PROPERTY RIGHTS

 

  1. All of the Content and Services details provided on the Website, including text, software, scripts, code, designs, graphics, photos and other Content and the copyrights, trademarks, Services marks, logos, trade names, and other intellectual and proprietary rights associated therewith, by the Company (“IP”) is owned by Us or its rightful licensors, (if any) that we license such information from, and is protected by copyright, trademark, patent and other intellectual property laws.

  2. The User hereby acknowledges that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by Us 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 Our valuable intellectual property.

  3. The User thereby agrees to protect Our proprietary rights at all times. You shall not selectively download portions of the Website without retaining the copyright notices. The User may download material from the Website only for Your own personal use and for no commercial purposes whatsoever.

  4. The User shall use the Website strictly in accordance with these Terms, and shall not, directly or indirectly;

    • decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Website;

    • make any modification, adaptation or improvement, enhancement, translation or derivative work from the Website;

    • violate any applicable laws, rules or regulations in connection with Your access or use of the Website;

    • remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Website;

    • use the Website for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended;

    • use the Website for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms;

    • use the Website for creating a Services or software that is directly or indirectly, competitive with the Website or any products or any Services offered by or listed on the Website; or

    • derive any confidential information, processes, data or algorithms from the Website.

    • license, sell, rent, lease, transfer, assign, distribute, transmit, host, or otherwise commercially exploit the Website, without prior written consent of Company;

    • copy, reproduce, distribute, republish, download, displayed, post or transmit in any form or by any means, any part of the Website, for any commercial purpose or otherwise, without express written consent of Company;

    • use the Website in any way that causes, or may cause, damage to the Website, its users  or impair the availability or accessibility of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

    • abuse, harass, impersonate, intimidate or threaten other users;

    • impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

    • submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;

    • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load/strain on our infrastructure; and/or

    • sell or otherwise transfer your Customer Account/ profile, or allow any third party to use or access your Customer Account.

    • Any infringement shall lead to appropriate legal proceedings against You.

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DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

  1. Occasionally there may be information on Our Website that contains typographical errors, inaccuracies or omissions that may relate to Company or its Services descriptions and availability. We reserve the right to, but are not obliged to, correct any errors, inaccuracies or omissions, and to change or update information about the Services or on anything related to the Website which stands inaccurate at any time without any prior notice to the Users.

  2. The Website and all information, Content, materials and Services included on or otherwise made available to You through the Website are provided by the Company on an “as is” or “as available” basis, without representations or warranties of any kind, either express or implied, including all implied warranties or quality, for a particular purpose, durability, title, and non-infringement, satisfactory quality, compatibility, applicability, usability, appropriateness, as to the operation of the Website, the accuracy or completeness of the Content and the accuracy of the information.

  3. The User expressly agrees that the use of the Website is at User’s discretion and sole risk and that the User will be solely responsible for any damage or loss.

  4. Company does not warrant that the information, content, materials, products (including software) or other Services included on or otherwise made available to you on or through the Company (whether by Company, its affiliates, suppliers, content providers and advertisers), Company’s servers or electronic communications sent by Company are free of viruses or other harmful components.

  5. Company shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for business losses, loss of contracts or business relationships, profits, data, database, software or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failure of the Company and any materials posted thereon, products (including software) or other Services or otherwise made available to you on or through the Company, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

  6. Customer understands and agrees that an investment in assets listed on the Website is speculative in nature and involves a high degree of risk, including the risk of loss of capital. An investment in asset is suitable only for sophisticated investors who fully understand and are capable of bearing the risks of an investment in assets. An investor should only invest in assets listed on the Website as part of an overall investment strategy, and only if the investor is able to withstand a total loss of its investment. No guarantee or representation is made by Us that the Customer will achieve the Customer’s investment objectives or will receive a return of your capital.

  7. You confirm and acknowledge that by registering on the Website, You authorize and consent to Company sending promotional and marketing content to You through emails, phone calls, short message service or other electronic and non-electronic mode of communication, and no such communication shall be deemed to be in violation of law relating to unsolicited commercial communication.

  8. You accept that we have an interest in limiting the personal liability of our officers and employees to the extent permitted by law and, having regard to that interest, You agree that You will not bring any claim personally against our officers or employees in respect of any losses You suffer in connection with the Website or this Terms.

  9. The laws of certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You might have additional rights.If you are dissatisfied or harmed by the Website or anything related to it, Your sole remedy shall be to terminate these Terms of Use by closing your account on the Platform.

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INDEMNIFICATION

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  1. The User 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.

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ASSIGNMENT

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  1. It is expressly agreed by the User that the Company 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.

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WAIVER

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  1. Company’s failure to enforce any provision of this Terms shall not be construed to be waiver of such provision nor the right to enforce such provision.

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SEVERABILITY

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  1. If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the parties hereto, as expressed herein.

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GOVERNING LAW

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  1. These Terms shall be governed by and interpreted and construed in accordance with the laws of India. You agree, in the event of any dispute arising in relation to these Terms or any dispute arising in relation to the Website, whether in contract or tort or otherwise, to submit to the exclusive jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes. In the event 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 the Company and the User and such arbitration shall be governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Mumbai, India.

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CONTACT DETAILS

If You have any questions or concerns about this Terms, You may contact the Company at legal@profit-plum.com.

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