This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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) Rules, 2011 that require publishing Term of Use (“Terms”), the rules and regulations, privacy policy and user agreement for access or usage of the website, WWW.BIZFINVEST.COM (“Website(s)”) and mobile application, “BIZFIN MobileApp” (“App”), both owned and operated by ‘BIZFIN CAPITAL PRIVATE LIMITED’ (“Company”). The Website is an internet-based asset ownership portal owned and operated by BIZFIN CAPITAL PRIVATE LIMITED, a company incorporated under Companies Act, 2013 having its registered office at I – 55, Lajpat Nagar II, New Delhi - 110024 (hereinafter, referred to as "we", "us", "our" and “BIZFIN”).
For the purpose of these User Terms (defined hereinafter), "you", "your" or “User” refers to any natural or legal person (whether a registered user or otherwise) who accesses the Website, its contents and uses the services offered by BIZFIN on or through the Website.
The Terms and Conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto, “hereunder” and words of similar import refer to this Terms and Conditions as a whole.
By using the Website/App and/or submitting your information including any personal information on the Website/App, you expressly consent to the transfer of such data to BIZFIN, and to the processing of such data on the server of BIZFIN, where your data will be governed by Applicable Laws.
Your use of our Website and its related sites, services and tools is governed by the terms and conditions as contained in this agreement applicable to the Website (“User Terms”). By using the Website, you have impliedly agreed and accepted these User Terms. If you do not agree or are not willing to be bound by the terms and conditions of these User Terms (and the rules and policies displayed on the Website), please do not click on the ["Accept"] button and do not seek to obtain access to or otherwise use the Website. As long as you comply with the provisions of these User Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
If you do not agree to these User Terms, you agree that your sole and exclusive remedy is to discontinue using the Website. Your compliance with these User Terms is a condition to your right to access the Website. Your breach of any provision of these User Terms will automatically, without the requirement of notice or other action, revoke and terminate your right to access the Website.
REGISTRATION ON THE WEBSITE
BIZFIN service is available only to residents of India above the age of 18 (Eighteen) years of age. BIZFIN does not intend to offer the Services to persons or entities outside India where such Services would be in contravention with applicable laws and regulations.
You agree and confirm that you, at your own violation submit copy of your Aadhaar Card /Aadhaar No. as is issued by the Gov. of India to BIZFIN along with your KYC documents for the purpose of registration. You further agree, confirm and consent to use your Aadhaar details for the purpose of authentication with UIDAI. The Aadhaar card details must be true, correct and complete. You acknowledge and agree that ZENOFIN shall be entitled to run indemnity KYC as per the KYC norms and its policy.
As a condition to register with the Company to use the Services, the User agrees that:
USER RIGHTS ON THE WEBSITE
These User Terms govern your access and use of the Website, which includes any images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services and other content (together, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Website.
BIZFIN grants you a limited right to use the Website. The individual user will not use the Website in any way that is fraudulent or unlawful. Your right to use the Website is subject to your agreement to abide by these User Terms in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason BIZFIN may revoke your right to use all or any portion of the Website.
The Website and the Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country outside India.
WEBSITE SECURITY:
You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these User Terms.
You are prohibited from violating or attempting to violate the security of the Website.
You agree to, amongst others, not to
Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges, including but not limited to charges under applicable laws. BIZFIN may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Website if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.
The Website may contain certain links. Activating links on the Website may cause individual users to leave the Website. Such links are provided solely for individual users’ convenience and information. BIZFIN has not reviewed any of the websites linked with or connected to the Website and using links on or to the Website is at each individual user’s own risk.
OWNERSHIP OF MATERIALS ON WEBSITE:
You may download or copy Content only to the extent such download is expressly permitted in writing on the Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software.
Nothing on the Website will be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark on the Website. Anything transmitted to the Website by you becomes BIZFIN’s property and may be used by us for any lawful purpose. BIZFIN reserves all rights with respect to copyright and trademark ownership of all material on the Website, and will enforce such rights to the full extent of the law.
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by BIZFIN or by third parties who have licensed their materials to BIZFIN and are protected by Indian and international copyright laws. The compilation of all Contents on the Website is the exclusive property of BIZFIN and is also protected by Indian and international copyright laws.
The Website, including all Information, is owned by or licensed to BIZFIN and is subject to and protected by various intellectual property rights, including but not limited to copyright, trade secrets, trademarks, service marks, brand names and other proprietary rights whether under contract, statute or any similar provisions (“IP Rights”). All IP Rights are and will remain the exclusive property of BIZFIN, its respective third-party licensors or third parties to whom it is attributed and in using the Website individual users will not obtain any rights, title or other interest in or to any information on the Website or related IP Rights. Subject to the above, individual users are entitled to view the Information on the Website and to copy and print such information for personal use. Individual users are not permitted to sell or distribute or otherwise deal with the Information on the Website or any deviations of such information without the prior written consent of BIZFIN.
The Website uses different web analytics service and is compliant with their terms and conditions.
NO OFFERS OR RELIANCE
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 final documentation. Further, BIZFIN 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 any asset.
Nothing contained on the Website must be relied upon as a promise or representation as to past or future performance. The Website may contain forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as "may," "will," "should," "expects," "plans," "anticipates," "believes," "targeted," "projected," "underwritten," "estimates," "predicts," "potential," or "continue" or the negative of these terms or other comparable terminology. These forward-looking statements include, but are not limited to, statements concerning the company, property, risk factors, plans and projections. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. None of BIZFIN, the issuer nor any other person or entity assumes responsibility for the accuracy and completeness of forward-looking statements. Users should conduct their own due diligence and not rely on the financial assumptions or estimates that are displayed on the Website. Assets displayed on the Website are not bank deposits, are not insured and are not guaranteed by BIZFIN, and may lose value.
NO WARRANTY; LIMITATION ON LIABILITY
BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE WEBSITE AND RELATED SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. NEITHER BIZFIN NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE WEBSITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER BIZFIN NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE CONTENT PROVIDED IN THE WEBSITE OR THE MATERIALS OR SERVICES OFFERED IN THE WEBSITE NOW OR IN THE FUTURE. BIZFIN AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE WEBSITE, INFORMATION ON THE WEBSITE OR THE RESULTS OBTAINED FROM USE OF THE WEBSITE OR RELATED SERVICES. BIZFIN AND ITS ASSOCIATES ACCEPTS NO RESPONSIBILITY FOR UPDATING ANY PARTY OF THE WEBSITE OR THE CONTENT THEREIN.
UNDER NO CIRCUMSTANCES WILL BIZFIN OR ITS ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE WEBSITE, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF BIZFIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
DISCLAIMER:
You understand and acknowledge that purchase of the assets listed on the Website is speculative in nature and involves a high degree of risk, including the risk of loss of capital, and is not guaranteed. The Website is suitable only for sophisticated investors who fully understand and are capable of bearing the risks of purchasing such assets. A User should only purchase assets if he/she is able to withstand a total loss of capital. No guarantee or representation is made by us that you will achieve your investment objectives or will receive a return of your capital. BIZFIN does not endorse or promote any of the opportunities that appear on this Website nor make any recommendations regarding same to any User. Users must not construe anything on the Website as investment, business, legal or tax advice and the content contained herein does not constitute an offer by BIZFIN to sell, solicit or make an offer to buy an investment interest. Any information made available from our Website, does not represent a solicitation of an offer to buy or sell any property.
REPRESENTATIONS AND WARRANTIES
By Using this Website, you represent and warrant that:
THIRD PARTY CONTENT AND LINKED WEBSITES:
References on this Website to any names, marks, products or services of third parties, or hypertext links to third party websites or information or Content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties, nor the Content of any third party sites, and do not make any representations regarding third party materials or services, or the Content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
USER COVENANTS:
When communicating with BIZFIN through digital media, please:
EFFECT ON OTHER AGREEMENTS
Nothing contained in these User Terms is intended to modify or amend any other written agreement you may have with BIZFIN or other Users of the Website ("Other Agreements") if any, that may currently be in effect. In the event of any inconsistency between these User Terms and any Other Agreements, the Other Agreements will govern. Some pages within the Website contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these User Terms. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
INDEMNITY
You agree to indemnify and hold harmless BIZFIN and (as applicable) its subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by BIZFIN, made by any third party arising out of your breach or non-performance of terms of these User Terms, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
CHANGES TO THESE TERMS
We reserve the right to update (change, modify, add and/or delete) these User Terms from time to time, at our sole discretion, to reflect company initiatives, changes in the law or technology or changes in our practices. When we update these User Terms, we will intimate you of the amendments on your email address or on the Website. If you do not agree to the amendments, please do not use the Website any further. By continuing to use the Website, you will be deemed to have consented to the latest version of these User Terms.
MISCELLANEOUS
General:
None of the provisions of these User Terms will be deemed to constitute a partnership or agency between you and BIZFIN and you will have no authority to bind BIZFIN in any manner whatsoever.
Notices:
All notices and other communications required or permitted hereunder to be given to a party will be in writing, in the English language, and will be sent e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party will have furnished to the other party in writing in accordance with this provision:
If to BIZFIN: legal@bizfinvest.com, helpdesk@bizfinvest.com
If to You: At the email address provided by You on portal.
Severability:
If any clause of these User Terms is deemed invalid, void or for any reason unenforceable, such clause will be severable and will not affect the validity and enforceability of the remaining clauses of these User Terms.
Entire Agreement:
These User Terms set forth the entire understanding and agreement between you and BIZFIN with respect to the subject matter hereof.
Assignment:
You cannot assign or otherwise transfer your rights or obligations under these User Terms to any third party. BIZFIN may transfer its rights and obligations (also known as "assign") under these User Terms without your prior express consent, provided that BIZFIN will assign these User Terms on the same terms or terms that are no less advantageous to you.
Arbitration:
If any dispute arises between you and BIZFIN during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these User Terms, or the documents they incorporate by reference, the dispute will be referred to a sole Arbitrator who will be an independent and neutral third party identified by BIZFIN. The place of arbitration will be Mumbai, Maharashtra. The arbitration proceedings will be in the English language and will be governed by Arbitration & Conciliation Act, 1996.
Governing Law:
These User Terms or the documents they incorporate by reference will be governed and construed in accordance with the laws of India. Subject to clause of Arbitration above, all disputes arising under these User Terms between you and BIZFIN will be subject to the exclusive jurisdiction of courts at Delhi, India.