Welcome to https://www.capitaworld.com/
By accessing this platform (“the Platform”) operated by CapitaWorld Platform Pvt Ltd (hereinafter referred to as “CapitaWorld”), a Company established as per laws of India you agree to be legally bound by following terms and conditions of use.
Please also consult the additional legal information as applicable for your relevant country.
PART A: GENERAL TERMS AND CONDITIONS OF USE
This Document/Agreement is an electronic record published in terms of Information Technology Act, 2000 of India and generated by a computer system and does not require any physical or digital signatures and is in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules 2011 issued under the aforesaid Act.
By using CapitaWorld’s financial products, software, services and Platform (hereinafter referred to as Services), you hereby confirm to having accepted the Agreement, with immediate effect.
If you do not agree to the aforesaid paragraph, please do not proceed to further on this Platform.
Once you have accepted the terms of this Agreement, CapitaWorld strongly recommends that you return to this page of the Platform periodically to review the most current version of the Agreement. CapitaWorld reserves the right at any time, at its sole discretion, to change or otherwise modify any of the terms of any section of this Agreement without prior notice or confirmation and your access or use, continued or otherwise, of this Platform signifies your acceptance of the updated or modified Agreement.
If this Agreement conflicts with any other document(s), this Agreement will override and supersede such other document(s) and in case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B shall prevail. Apart from it, all the terms and conditions which are obligatory to or binding on you will be applicable.
Description of Services
This Platform is basically a Platform to connect users like Fund Seekers, Fund Providers and Service Providers. CapitaWorld endeavors to provide to its users through the Platform, access to information primarily about availability of financial products and Funding Services. This Platform is designed specifically to assist and facilitate Financial/Funding needs, other needs and requirements by or between the different categories of users (“Objective”).
If you are a Fund Provider, a Fund Seeker, Service Provider or user of any other purpose of your own or as per the policy from time to time and / or acting for your client in any of these categories you can obtain access to this Platform. It is clarified that services availed from this Platform may involve third-party fees (such as Internet service provider or airtime charges) in addition to any other fees levied or payable separately under this Agreement which shall be borne solely by the users.
Registration with the Platform is a two-fold process. First of all you have to accept Part A of this Agreement. Once you accept Part A of the Agreement, you will automatically be taken to the page of Services where different categories are available. According to your category you need to register yourself and open your account under such category as you maybe interested in and furnish such details as maybe required by the Platform and is to be furnished by you. You are allowed to register for one or more categories and create separate accounts. You are solely responsible and liable for the veracity and accuracy of all personal and other details furnished by you as well as for authentication of all documents uploaded by you at the time of registration with the Platform. The documents to be uploaded needs to be self attested, verified and authenticated by you. If so required, third party validation or authentication well be obligatory on you. CapitaWorld in no way is responsible or liable for the authenticity or genuineness of any documents uploaded by you or through.
You hereby agree that CapitaWorld may contact you either electronically, through phone or through its online and offline centres or associates, to understand your interest in the selected products and services and to fulfill your demand. You also agree that CapitaWorld reserves the right to make your details available to its partners and affiliates and you may be contacted by such partners and affiliates for information through email, telephone sms and/or any other mode of communication. You agree to receive promotional materials and/or special offers from CapitaWorld through email sms and/or any other mode of communication
You acknowledge and agree that CapitaWorld owns all legal right, title and interest in and to the Platform and the Services offered herein, including any intellectual property rights which subsist in the Platform, technology, other intellectual property rights and/or the Services (whether those rights are registered or not, and wherever in the world those rights exist). You further acknowledge that the Platform/Services may contain information which is designated confidential by CapitaWorld and that you shall not disclose such information without CapitaWorld’s prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform and/or the Services. You do not have the right to use any of CapitaWorld’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services or on the Platform. You will not copy or transmit any of the Services, components of service, data, details or information. You will not try to modify, alter, change, transform, transfigure and/or mutate any part of the Platform and/or the Services.
Licence and Platform Access /Usage of the Platform
CapitaWorld grants you a limited license to access and make use of the Platform, the Products/Services offered purely for commercial purpose only.
This license does not include any downloading or copying of any kind of information or in any forms such as extract or reformatted for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in CapitaWorld’s sole discretion) an unreasonable or disproportionately large load on CapitaWorld’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not bypass any measures used by CapitaWorld to prevent or restrict access to the Platform and/or the Services. Any unauthorized use by you shall terminate the permission or the limited license granted to you by CapitaWorld and shall entail charges of compensation to be paid by you as may be determined by CapitaWorld.
By using the Platform you agree not to:
- Use this Platform or its contents for any purpose other than as defined in the Platform;
- Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
- Access, monitor or copy any content or information of this Platformusing any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on this Platformor bypass or circumvent other measures employed to prevent or limit access to this Platform;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of this Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or
- “Frame”, “Mirror” or otherwise incorporate any part of this Platform into any other Platform without our prior written authorization.
CapitaWorld’s display on or through the Platform of any financial product options or by any other mode of communication (whether public or private) offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of CapitaWorld of any such third parties or of their products. CapitaWorld does not, through its Platform display, content or in any other manner, provide any recommendation, opinion or advice to you on the third parties or their products. You agree that CapitaWorld is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. It is specifically clarified that the only role that CapitaWorld is playing through its Platform is of an intermediary and facilitator between you and the third parties and any interaction of yours with such third party introduced through the Platform is at your own risk, and CapitaWorld will have no liability or responsibility with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, non-performance, delays, defaults, any loss of business or profit or other damages or expenses resulting from your interactions with such third parties.
CapitaWorld controls and operates this Platform from its headquarters in Ahmedabad (Gujarat), India and makes no representation that the Services offered on the Platform are appropriate or available for use in other locations or jurisdictions. If you use this Platform from other locations/jurisdiction, you are responsible for compliance with applicable local laws (including the taxation aspect, fiscal and economic laws) and regulations including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Platform are solely directed to individuals, companies or other entities located in India and comply with the laws prevailing for the time being in force in India. By agreeing to these terms and conditions of use, you confirm and undertake that neither you nor any of your representatives shall have the right to challenge the governing law and jurisdiction as more specifically set out herein and/or in Part B (Special and Additional Terms and Conditons) as the case maybe.
CapitaWorld does not claim ownership and /or usability / suitability of any information, documents and/or materials (“Materials”) of any kind made available by you through the Platform. At CapitaWorld’s sole discretion, such Materials may be included in the Services in whole or in part or in a modified form. With respect to such Materials you submit or make available for inclusion on the Platform, you grant CapitaWorld a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Materials or any part thereof (as well as use the name that you submit in connection with such submitted content) unless specially agreed otherwise by CapitaWorld. You hereby represent, warrant and covenant that any Materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. In case any liability arises on Capitaworld then you shall be solely liable and shall indemnify Capitaworld. We take no responsibility and assume no liability for any Material and its content posted or submitted by you. We have no obligation to post your Material or comments; we reserve the right in our absolute discretion to determine which Material/comments are published on the Platform. If you do not agree to these terms and conditions, please do not provide us with any Material/content for submission. You agree that you are fully and solely responsible for genuineness, veracity and authentication of the Material and content you submit.
You are prohibited from posting or transmitting to or from this Platform:
- Any unlawful, threatening, unethical, libelous, defamatory, obscene, pornographic, or other material or content that would violate sentiments/rights of publicity and/or privacy or that would violate any law;
- Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services) unless specifically required in CapitaWorld; and
- Any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
- Any unauthenticated or manipulated data (in any form) leading to forgery or business deal failures.
Apart from the above four mentioned clauses, this section also includes all the clauses (related to uploading and usage of content on/to platform) mention under title “Platform-Provided message Postings (Including Forum)” in the document below.
Any non compliance/breach/infringement of the above shall entitle CapitaWorld to take strict actions as it deems fit against you.
You shall be solely liable for any damages, claim, costs and expenses resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform.
Disclaimer of Warranties
The Platform and all content and Services made available on the Platform are provided on an “as is” and “as available” basis. CapitaWorld expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and data accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
CapitaWorld makes no warranty, and expressly disclaims any obligation, that:
- The content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances;
- The Platform will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis;
- The results that may be obtained from the use of the Platform or any Services offered through the Platform will be accurate or reliable; and/or
- The quality of any Services, products, information or other material obtained by you through the Platform will meet your expectations.
Limitation of Liability
CapitaWorld and its partners, subsidiaries, joint-ventures, associates, officers, directors, employees, representatives, affiliates, and providers (hereinafter referred to CapitaWorld Associates) will not be responsible or liable for
- any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:
- any failure or delay (including without limitation the use of or inability to use any component of the Platform), or
- any use of the Platform or content or Services, or
- the performance or non performance by us or CapitaWorld Associate, even if we have been advised of the possibility of damages to such parties or any other party, or
- any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Platform or your downloading of any Service/content from the Platform.
Refund and Cancellation
CapitaWorld Platform is intermediary and facilitator between the Fund Providers and the Fund Seekers and due to nature of our business, we do not offer any refunds or money back or cancellation for any of our services once work has commenced. Therefore, Payments made to us at any stage for availing our services shall not be refundable under any circumstances.We will be collecting our fees / charges through our payment partners.
You agree to indemnify release and hold harmless CapitaWorld and the CapitaWorld Associates from any and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this Agreement, your violation of any law or the rights of a third party, or your use of the Platform/Services.
When you use the Platform, you are communicating with CapitaWorld electronically. You consent to receive communications from CapitaWorld electronically. CapitaWorld may communicate with you by email or by posting notices on the Platform or by phone or usually available means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Platform-Provided message Postings(Including Forum)
The Platform may provide users with the ability to post messages on the Platform. CapitaWorld is under no obligation and / or validate in any manner to review any messages, information or content (“Postings”) posted on the Platform by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, CapitaWorld may from time to time monitor the Postings on the Platform and may decline to accept and/or remove any Postings.
You understand and agree not to use any functionality provided by the Platform to post content or initiate communications that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, terrorism, religious harmony ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
- Advertisements or solicitations of any kind;
- Impersonate others or provide any kind of false information;
- Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.;
- Messages by non-spokesperson employees of CapitaWorld purporting to speak on behalf of CapitaWorld or containing confidential information or expressing opinions concerning CapitaWorld;
- Messages that offer unauthorized downloads of any copyrighted or private information;
- Multiple messages placed within individual folders by the same user restating the same point;
- Chain letters of any kind; or
- Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
This prohibition includes but is not limited to
- Using CapitaWorld Platform to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;
- Using CapitaWorld Platform to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and/or
- Sending messages to distribution lists, newsgroup aliases, or group aliases.
CapitaWorld May post blogs on its Platform, which may be written by CapitaWorld or its contributing authors. Capitaworld Blogs and their contents are made available for informational and educational purposes only, and do not provide legal, business or tax advice. You agree and understand that your use of Capitaworld Blogs does not create an attorney-client relationship, and the contents of Capitaworld Blogs do not constitute legal advice. Information provided through Capitaworld Blogs may not reflect the most current legal developments and is not guaranteed to be correct, complete, up-to-date, or applicable to your particular transaction or situation. You should contact an appropriate professional for advice on your particular transaction or situation. Capitaworld and all contributing authors to CapitaWorld Blogs expressly disclaim any and all liability to any persons or entities with respect to actions they take or do not take based on the contents of Capitaworld Blogs, and you agree that by visiting and viewing CapitaWorld Blogs, CapitaWorld, CapitaWorld Associates and the contributing authors to CapitaWorld Blogs are not liable or responsible for the contents of the blogs.
The information provided and comments posted in CapitaWorld Blogs are exclusively the personal views of the authors, unless otherwise attributed. Information and comments provided through CapitaWorld Blogs do not necessarily represent the views of CapitaWorld or CapitaWorld Blog editors and should not be attributed to them unless expressly indicated. The posting of an item on CapitaWorld Blogs does not mean that CapitaWorld or CapitaWorld Blog editors approve or disapprove of the selection or contents of that item.
The text, graphics, and their selection and arrangement on CapitaWorld Blogs are the copyrighted works of CapitaWorld and/or its licensors, as applicable. All rights are reserved.
No articles on the CapitaWorld Blog may be reproduced without the express written permission of CapitaWorld. If CapitaWorld does grant permission to a Platform to reproduce a portion of an article, the text must be accompanied by a link to the full article on the CapitaWorld Blog. The text must also be accompanied by a statement asserting that the text has been reproduced with the permission of CapitaWorld. CapitaWorld may terminate a grant of permission at any time if CapitaWorld determines that such grant is no longer in the best interests of CapitaWorld. To obtain a permission to reproduce CapitaWorld Blog content, please email to the following email id: firstname.lastname@example.org
The Platform or third parties may provide links to other World Wide Web sites or third party resources. Such third party contents and links are provided solely for your convenience and information only. As CapitaWorld has no control over such sites and resources, you acknowledge and agree that CapitaWorld is not responsible for the availability of such third party external sites or resources, and does not endorse and is not responsible or liable in any manner whatsoever for any such third party content, advertisments, products or other materials on or available from such third party sites or resources. You further acknowledge and agree that CapitaWorld shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such third party site or resource.
Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized individuals attempting to access or accessing these areas of the Platform may be subject to prosecution and/or legal action under the applicable laws.
Modification and Notification of Changes
If CapitaWorld makes a material modification to this Agreement, it may notify you by:
- After notice of a modification has been posted for 30 days, the notice will be removed.
Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations- on a party will survive the expiration or termination of this Agreement.
To the extent that any provision of this Agreement is found to be invalid, unlawful or unenforceable you agree that the courts at Ahmedabad shall have exclusive jurisdiction over the matter and shall endeavor to give effect to the Parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Headings are for reference purposes only and do not limit the scope or extent of such section.
This Agreement and the relationship between you and CapitaWorld will be governed by the laws of the India without regard to its conflict of law provisions. In case of any dispute or difference arising between you and CapitaWorld, the first level of dispute resolution shall be through arbitration governed by the rules of the Indian Arbitration and Conciliation Act 1996 as in force. Venue of Arbitration shall be at Ahmedabad (India). This Agreement shall be governed by and construed in accordance with the laws of India..
Subject to the above, the courts located in Ahmedabad (India) shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement.
Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a zero complain/ zero FIR (from any jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein and/or in the Special and Additional Terms and Conditions as the case maybe.
The failure of CapitaWorld to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. CapitaWorld does not guarantee it will take action against all breaches of this Agreement.
Except as otherwise expressly provided in this Agreement there shall be no third party beneficiaries to this Agreement.
This Agreement constitutes the entire agreement, subject to specific provisions herein, between you and CapitaWorld and governs your use of the Platform and the Services, superseding any prior agreements or any communication written or oral by any mode between you and CapitaWorld with respect to the Platform and/or the Services.
Your Telephone Calls
Telephone calls that you make to our customer service help line on the numbers mentioned in the contact us section of the Platforms or calls made by our support desk may be monitored or recorded. This will help us to train our staff and improve our service to you. A recording will only be used under proper and careful supervision. Our customer service help line is available on the times notified in the contact us section of the Platform. Your telecom provider will charge you at local rates for calls made to non toll free numbers. Any solicitation talks shall not be entertained and you as a user of the Platform are bound to maintain the dignity as a tele-talker. All rules and regulations as applicable to telephone calls/tele talks in this regard shall apply and you as a user are bound to comply with the same.
Your feedback makes us better. Please feel free to share it with us. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future CapitaWorld programs. Please do not reveal trade secrets or other confidential information in your messages to CapitaWorld. Any and all rights to materials submitted to us become the exclusive property of CapitaWorld. Capitaworld is not bound to act or implement any discretionary measures against any complaint/feedback received. However CapitaWorld in good faith shall use its best efforts to use the same in a positive way and shall endeavor to take reasonable efforts to improve/improvise the Platform to the extent possible.
Additional terms and conditions on certain sections of the site
In addition to Part A of this Agreement, users who desire to access and use specific categories/sections on this Platform for the purpose of accessing the Services, are bound by such special and additional terms and conditions of use governing those categories/sections as more specifically defined in Part B of this Agreement. Users are mandatorily required to review, accept and confirm such special and additional terms and conditions before accessing and using the Services available in such specific categories/sections. By accessing these categories/sections, you agree to be bound by any such special and additional terms and conditions. In the event the special and additional terms and conditions are inconsistent with any part or portion of Part A of this Agreement, the special and additional terms and conditions of Part B being specific in nature shall control and take precedence.
I/We hereby declare that I am of major age and an individual or an entity legally capable and compatible to enter into this Agreement / contract.
I/We hereby confirm by clicking on “I Accept” [ ] for having read and understood the Agreement (all sections – Part A & Part B as continued in document below, are construed to make total and complete agreement) and accept the same in its entirety. You agree to be bound by all the provisions and sections of this Agreement (as applicable to you). Any breach, violation or non-compliance of the same shall entitle CapitaWorld, its representative and/or the Platform to take necessary action including legal action against me/us.