Terms and Conditions



Terms and Conditions and Acceptance


Please read these Terms and Conditions (“Terms of Use”) carefully. Your Acceptance of the Terms of Use contained herein constitutes the Agreement for the Purposes defined hereunder. The Acceptance of Terms of Use will be between You and Transparent Capital (hereinafter referred as “Facilities Provider”) which is facilitating provision of the services, other than those which are otherwise specifically provided by each of the Transparent Capital Companies on their respective web pages / sites to you.

By accessing and using this Website you have confirmed that you have read, understood and bound yourself by these Terms of Use. These Terms of Use shall apply to the access and use of the Website and all associated web pages/ sites which are linked with www.transparentcapital.co.in. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any facilities that are provided by this Website and all associated web pages/ sites and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use.

In terms of the information Technology Act, 2000 (as amended from time to time), this document is an electronic record. By accessing the Website and availing for facilities on the Website, the users (hereinafter referred to as "you", or "your") agree to be bound by these Terms of Use, the legal disclaimer (‘Legal Disclaimer’) and the Privacy Policy (“Privacy Policy”), as posted on the Website.

This Agreement describes the terms governing the usage of the facilities provided to you on the Website. Clicking "I Agree" to "Terms & Conditions", shall be considered as your electronic acceptance of this Agreement under Information Technology Act 2000. Your continued usage of the facilities from time to time would also constitute acceptance of the Terms of Use including any updation or modification thereof and you would be bound by this Agreement until this Agreement is terminated as per provisions defined herein.

Your electronic consent, accepting these Terms of Use, represents that you have the capacity to be bound by it, or if you are acting on behalf of any person, that you have the authority to bind such person.

You also acknowledge and agree that, unless specifically provided otherwise, these Terms of Use only apply to this Website and facilities provided on this Website.


Changes to the Terms of Use


You agree that these Terms of Use may be subject to change/modification for such reason as it may deem fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the services, company reorganisation, market practice or customer requirements. Upon any change, the updated Terms of Use will be updated on the Website or any other means. Your continued use of the facilities on this Website constitutes acceptance of the changes and an Agreement to be bound by Terms of Use, as amended. You can review the most current version of the Terms of Use at any time, by clicking the Terms & Conditions link on the Website. No fee of whatsoever nature is to be charged for the use of this Website.

If you do not agree with any of these Terms of Use, you may not use this Website.


Authorization to Facilities Provider


Whenever consent has been obtained/provided by you in any mode under these Terms and Conditions, for availing information/services related to Transparent Capital, You agree and authorize the Facilities Provider to share/transfer/transmit your personal information with its Transparent Capital and other third parties, in so far as required for offering of facilities through this Website and for analytical / marketing purposes /report generations and/or to offer connected facilities on the Website and may also include transfer/sharing/transmitting of sensitive personal data or information only if it is deemed necessary for the performance of facilities and to provide you with various value added and ancillary facilities/services and information, to aid you in managing your money needs in the manner agreed under these Terms and Conditions and the privacy policy. You agree to receive e-mails/sms/ phone calls and such other mode as permitted under law from the Facilities Provider or Transparent Capital or its third party service providers regarding the facilities updates, information/promotional offer and/or new product announcements and such other related information.

You also agree and authorize Transparent Capital / its third party service providers to contact you at the contact information provided for service related communication relating to your product or facilities offered even if your number is in National Do Not Call Registry.

You have the option to withdraw the said consent in the manner specified under these Terms of Use. Please also read the Privacy Policy for more information and details as provided on the Website. The Privacy Policy may be updated from time to time. Changes will be effective upon posting of the revised Privacy Policy on the Website.

Password Protection

You shall not be entitled to avail the facilities without the use of a user name and password. You are responsible for maintaining the confidentiality of your password and Account, and you shall not allow anyone else to use your password at any time. You are fully responsible for all activities that occur using your password or Account. You are requested to please notify www.transparentcapital.com immediately of any unauthorized use or access of your password or Account, or any other breach of security. The Website will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

Intellectual Property Rights

This Website contains information, materials, including text, images, graphics, videos and sound (“Materials”), which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in these Materials are either owned by Transparent Capital or have been licensed to Facilities Provider, Transparent Capital by the owner(s) of those rights so that it can use these Materials as part of this Website. Other than those Materials which belong to Third Parties, Transparent Capital retains copyright on all Information, including text, graphics and sound and all trademarks displayed on this Website which are either owned by or licensed to by Transparent Capital and/or used under license by Transparent Capital.

You shall not (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any Materials contained in the Website. These restrictions apply in relation to all or part of the Materials on the Website; (b) copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (c) remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the web site; link to this Website; without our express written consent.

No Warranty

Although all efforts are made to ensure that information and content provided as part of this Website is correct at the time of inclusion on the Website, however there is no guarantee to the accuracy of the Information. This Website makes no representations or warranties as to the fairness, completeness or accuracy of Information. There is no commitment to update or correct any information that appears on the Internet or on this Website. Information is supplied 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. Any use of this Website or the information is at your own risk. Neither Transparent Capital and Transparent Capital, 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 or the information, or any website linked to this Website.

No liability

This Website is provided to you on an "as is" and "where-is" basis, without any warranty. Transparent Capital and third party providing information, Materials (defined later), facilities, or content to this Website, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third party rights, with respect to the website, the information or any products or facilities to which the information refers. Transparent Capital will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if Transparent Capital has previously been advised of the possibility of such damages. Any access to information hosted on third party websites of billers/banks/merchants/Transparent Capital etc. is not intended and shall not be treated as an offer to sell or the solicitation of an offer to buy any product/offering of these Transparent Capital or third parties.

The Facilities Provider or Transparent Capital shall have absolutely no liability in connection with the information and Material posted on this Website including any liability for damage to your computer hardware, data, information, materials, or business resulting from the information and/or Material or the lack of information and/or Material available on the Website. In no event shall Transparent Capital shall be liable for any for any special, incidental, consequential, exemplary or punitive damages for any loss, arising out of or in connection with

(a) the use, misuse or the inability to use this Website;
(b) unauthorized access to or alteration of your transmissions or data;
(c) statements or conduct of any third party on the site; or
(d) any other matter whatever nature relating to this Website.

Further, the Facilities Provider cannot always foresee or anticipate technical or other difficulties. The facilities may contain errors, bugs, or other problems. These difficulties may result in loss of data, personalization settings or other facilities interruptions. The Website does not assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.

The Facilities Provider, Transparent Capital and the providers of information shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained at this Website.

RISK PROFILING

  1. The Company may enquire such details from the User which are necessary for determination and appraising the User’s needs, financial situation, investment objectives and investment in financial instruments and experience in making investments. The enquiries made by the Company are solely for assisting and guiding the Company in determination of User’s investment profile and shall not be conclusive for such determination.

  2. Since risk assessment and determination of investment profile depends upon the responses submitted by the User, the User shall and is required to submit accurate, correct and complete information. The User understands and agrees that any submission which falls short of being accurate,correct and complete may adversely affect the risk assessment and determination of investment profile by the Company. Further, the risk assessment of a User is solely for the internal purposes of the Company and such assessment does not guarantee or assure or represent gains/profits to be earned by the User by adhering to investment advice based on such assessment.

  3. The investment options suggested by the Company are largely based on the information and details submitted by the User and represent only one of the few combinations based on such information and details and risk profile of the User. Any such investment advice extended by the Company does not and shall not, at any time, guarantee any returns or profits or dividend or bonus or any gains of any nature whatsoever.

  4. The User shall not solely rely on the views, representations (whether written or oral or otherwise), recommendations, opinions, reports, analysis, information or other statement available on the Website of the Company or made available by any of its agents, directors, officers or employees.

  5. The Users shall make their own independent assessment and any investments made or transactions undertaken by the User shall be deemed, under all circumstances, to be based on the User’s own judgment. The Company does not offer any tax/legal/financial advice and the Users are advised to independently seek tax/legal/financial advice before undertaking any transaction through the Website of the Company.

  6. Any transaction undertaken by the User through the Website shall be at the sole discretion and risk of the User. The Company shall not be liable for any profits earned or losses sustained of any nature whatsoever.

  7. In case the User makes any investment through the Website pursuant to any recommendation made by the Company or its agents or representatives or officers,the User agrees and acknowledges that such investment has been made at the User’s own risk and the User shall consider various factors including tax, legal,financial objectives, future financial requirements etc. and seek all such professional assistance as may be required before making any such investment decision.

  8. The User may, in his own discretion, choose not to follow the recommendations made by the Company or its agents or representatives or officers. The Company shall not be liable for any such action of the User and shall not be liable for any potential profits, bonus, dividend or gains or losses of any nature whatsoever that the User would have earned by following the recommendations made by the Company or its agents or representatives or officers.

  9. Third Party Investment products are not obligations of or guaranteed by the Company or any of its affiliates or subsidiaries, and are subject to investment risks and foreign exchange risks, including the possible loss of the principal amount invested. The User agrees and acknowledges that past performance is not indicative of and does not assure or guarantee any future returns and the prices and/or returns may fluctuate from time to time leading to gains or losses. Neither the Company nor any of its agents or representatives or officers assure or guarantee any fixed returns or assurance of any interest, dividend or profits. The Company also does not guarantee the preservation of the principal amount of the investment and the same shall be subject to the market risks and other factors determining the performance of the said investment.

  10. The Website or Application or any views, representations (whether written or oral or otherwise), recommendations, opinions, reports, analysis, information or other statement available on the Website of the Company or made available by any of its agents, directors, officers or employees does not constitute the distribution of any information or the making of any offer or solicitation by anyone in any jurisdiction in which such distribution or offer is not authorized or to any person to whom it is unlawful to distribute such a document or make such an offer or solicitation. Investment products may not be available in all jurisdictions. The User shall notify the Company of any material change in its/his/her situation and/or profile and the Company is entitled to rely on the most recent information provided by the User.



Manner of Use of Personal Information


All Personal Information including Sensitive Personal Information provided/related to you, shall be stored/used/processed/transmitted expressly for the Purpose or facilities indicated thereon at the time of collection and in accordance with the Privacy Policy. Other than those otherwise indicated and agreed by You, this Website do not collect or store or share your Personal Information. Transparent Capital is the brand and accordingly all products and facilities are provided by respective Transparent Capital as applicable. Therefore, for any of these Purposes, the Website will use Transparent Capital their authorized third party vendors, agents, contractors, consultants or facilities providers (individually a ‘Third Party Service Provider’ and collectively, the “Third Party Service Providers”) and to that extent you understand and authorize the Facilities Provider to share/transmit such information to Third Party Service Providers. Such sharing of information will be solely for the purpose to fulfill / complete / authenticate your specific requests/transaction execution and for providing information about any Transparent Capital product or facilities or services or for data analytics or to deliver to you any administrative notices, alerts or communications relevant to your Purpose (and which may include sending promotional emails or SMS or calls or any other mode permitted under law) or to analyze the usage and improve the facilities/solutions offered or for any research or troubleshooting problems, detecting and protecting against errors or to improve features, tailor the facilities on the Website to your interests, and to get in touch with you whenever necessary.

Except in the manner as stated in the Privacy Policy, the Website will not disclose your Personal Information with any affiliated or unaffiliated third parties,

You may receive e-mails /communications/notifications from the Third Party Services Providers regarding facilities updates, information/ promotional e-mails/SMS and/or update on new product announcements/services in such mode as permitted under law.

Use of Website in India


This Website is controlled and operated from India and there is no representation that the Materials/information are appropriate or will be available for use in other locations. If you use this Website from outside the India, you are entirely responsible for compliance with all applicable local laws. There is no warranty or representation that a user in one region may obtain the facilities of this website in another region.

Information published on the Website may contain references or cross references to products, programs and facilities offered by Transparent Capital/third parties that are not announced or available in your country. Such references do not imply that it is intended to announce such products, programs or facilities in your country. You may consult your local advisors for information regarding the products, programs and services that may be available to you.

In your use of the Website, you may enter into correspondence with, purchase goods and/or facilities from, or participate in promotions of advertisers or members or sponsors of the web site, including those of Transparent Capital. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or facilities, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable Transparent Capital and/or third parties.

You agree that Facilities Provider / Transparent Capital has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any other Transparent Capital and/or third parties.

Third party websites


This Website may be linked to other websites (including those of Transparent Capital) on the World Wide Web that are not under the control of or maintained by Transparent Capital. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, facilities and/or products that may be of interest to you, quickly and easily. It is your responsibility to decide whether any facilities and/or products available through any of these websites are suitable for your purposes. The Facilities Provider or Transparent Capital is not responsible for the owners or operators of these websites or for any goods or facilities they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).



INTERNET FRAUDS


Though the Company employs the best possible softwares and techniques in order to mitigate any risks which may arise on account of internet frauds including but not limited to hacking, phishing, theft of personal information like login ID and passwords, injection of viruses, malware, malicious or destructive or corrupting codes or programs etc.(collectively referred to as the “Internet Frauds”) however, any possibility of such threat cannot be ruled out and the Company does not guarantee that the Website and Application will be free of such threats.

The Company or the Third Party Service Providers are not liable or responsible for any such Internet Frauds. Further, the Company or the Third Party Service Providers shall not be liable for Internet frauds or any compromise in the secrecy of login and password details of the User done by or at the behest of or with the permission of the User.

Complete, accurate and proper details are required to be punched in for logging into the investment account and for undertaking transactions through Website.

In case the Company have any reason to believe that any transaction/s undertaken by a User are not genuine or improper or illegal, the Company shall, in their sole discretion, refuse to give effect to the transactions requested/undertaken by the User. Such decision of the Company shall not be questioned by the User. The Company shall not be liable or responsible for any loss or damage, direct or consequential, caused to the User on account of such refusal to give effect to any transaction. Provided, however, that any monies paid by the User for subscription to the units shall be duly refunded to the User.

Use of Cookies
You agree and understand that the Website will automatically receive and collect certain anonymous information in standard usage logs through the Web server, including computer/computer resource-identification information obtained from "cookies" sent to your browser from a web server or other means as explained in the Privacy Policy.

Facilities Changes and Discontinuation
The Website reserves the right to discontinue or suspend, temporarily or permanently, the facilities. You agree that the Facilities Provider/ Transparent Capital will not be liable to you in any manner whatsoever for any modification or discontinuance of the facilities. The format and content of this Website may change at any time. We may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.

Transparent Capital, and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non availability of the Website and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. The Website will not be responsible for any liability arising out of delay in providing any information on the Website.

Compliance with the Law
You agree you will not:
  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website, or any portion of the Website.

  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines generally available by third party web browsers

  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the facilities.

  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website or the facilities.

  • You agree not to use the facilities for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

Restrictions on Commercial Use or Resale
Your right to use the facilities is personal to you; therefore, you agree not to resell or make any commercial use of the facilities.In addition, the Website welcomes your feedback as a user of the facilities. Any feedback you provide will become the confidential and proprietary information of the Website, and you agree that the Website may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to the Website. The Website shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into the Website or other Website software or facilities.

No Endorsement
All product and facilities marks contained on or associated with the facilities that are not the Website marks are the trademarks of their respective owners. The Website would require you to respect the same. References to any such names, marks, products or facilities of third parties or hypertext links to third party sites or information does not imply the Website’s endorsement, sponsorship or recommendation of the third party, information, product or facilities.

Promotional Offer
You may receive from time to time, announcement about offers with intent to promote this Website and/or facilities/products of Transparent Capital (“Promotional Offers”). The Promotional Offer(s) would always be governed by these Terms of Use plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms of Use, to the extent they may be in conflict with these Terms of Use. The Website reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.

Charges for Use of Website
There are no charges or fees to be paid by you for use of this Website. However, you are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the facilities provided by them through the Website (Additional Charges).

No Endorsement
There are no charges or fees to be paid by you for use of this Website. However, you are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the facilities provided by them through the Website (Additional Charges).

In addition, the Website does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that the Website does not pre-screen content, but that the Website will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the facilities.

Electronic Communications
These Terms of Use and any notices or other communications regarding the Facilities may be provided to you electronically, and you agree to receive communications from the Website in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, mobile phones etc either by Facilities Provider or Transparent Capital with whom the services are availed. All communications in electronic format will be considered to be in "writing". Your consent to receive communications electronically is valid until you revoke your consent by notifying of your decision to do so. If you revoke your consent to receive communications electronically, the Facilities Provider shall have the right to terminate the facilities.

Assignment
You shall not assign your rights and obligations under this Agreement to any other party. The Website may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.

Legal Disclaimer
The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law and regulations in force at the date hereof.

The information (and opinions, if any) contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been taken into account. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. Any reference to past performance in the information should not be taken as an indication of future performance. The information is dependent on various assumptions, individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe Transparent Capital/Transparent Capital or any of its employees/authorized representative as having been in any way involved in your decision making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice.

Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Facilities Provider /Transparent Capital makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Information on this Website sourced from experts or third party service providers, which may also include reference to any Transparent Capital Affiliate. However, any such information shall not be construed to represent that they belong or represent or are endorsed by the views of the Facilities Provider or Transparent Capital. Any information provided or sourced from Transparent Capital Affiliate belongs to them. Transparent Capital is an independent entity and such information from any Transparent Capital Affiliate are not in any manner intended or to be construed as being endorsed by Transparent Capital or Facilities Provider. The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicitation to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Website or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. Investment in the securities market and any financial instruments are inherently risky and you shall always assume complete and full responsibility for the outcomes of all the financial or investment decisions that you make, including but not limited to loss of capital. You are therefore advised to obtain your own applicable legal, accounting, tax or other professional advice or facilities before taking or considering an investment or financial decision.

No Solicitation
No Information at this Website shall constitute an invitation to invest in Transparent Capital or any Transparent Capital. These are meant for general information only or to meet statutory requirements or disclosures. Transparent Capital or any of its employees are in no way liable for the use of the information by you, when making any decision or investing or trading through any investment vehicles or Transparent Capital, or any other third party which may be engaged in offering of these services.

The information contained on this Website does not represent and should not be used to construe
(i) the terms on which a new transaction would be entered into by Transparent Capital or Transparent Capital,
(ii) the terms on which any existing transactions could be unwound by Transparent Capital or Transparent Capital,
(iii) the calculation or estimate of an amount that would be payable following an early termination of any past/existing transactions or
(iv) the valuations given to any transactions by Transparent Capital or Transparent Capital in their books of account for financial reporting, credit or risk management purposes.

Force Majeure
The Facilities Provider, Transparent Capital and any of its Third Party Service Providers shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnification
You agree to protect and fully compensate Facilities Provider, Transparent Capital, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the facilities, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

No Waiver
You agree to protect and fully compensate Facilities Provider, Transparent Capital, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the facilities, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

Exclusive Agreement
You agree that these Terms of Use are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and the Facilities Provider and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms of Use. These Terms of Use, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Website and/or the processor bank.

Termination
Either party can terminate this Agreement by notifying the other party in writing. Upon such termination You will not be able to use the facilities of this Website.

Government Law and Jurisdiction
The Website specifically prohibits you from usage of any of its facilities in any countries or jurisdictions that do not corroborate to all stipulations of these Terms of Use. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.

These Terms and Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.