Terms and Condition

These terms of use (“Terms”) mandate the terms on which the content creators (“You” or “Your” or “Yourself” or “User”) access and register on the website 'www.gapup.club' and the mobile application 'Gap Up' (collectively referred to as the “Platform “) owned and operated by Azalp Technologies Private Limited (“Company” or “Us” or “Our” or “We” ), having its registered office at 3rd & 4th Floor, Building 1084, 17th Cross Road, Sector 3, HSR Layout, Bengaluru, Karnataka, 560102, for the purpose of availing the Services (as defined hereinafter) provided by the Company

These Terms are an electronic record in terms of the Indian Contract Act, 1872; The Information Technology Act, 2000 and rules made thereunder as applicable. The Terms is (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and amendments from time to time; and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures.

Please read the Terms and Privacy Policy ( “Privacy Policy” ) carefully before using or registering on the Platform or accessing any material, information through the Platform. By accessing the Platform as a User, You accept these Terms and Privacy Policy and agree to be legally bound by the same. Further, by furnishing Your Personal Information (as defined in the Privacy Policy) (“Personal Information”) to the Company or giving Your consent to the Company to access Your Personal Information for the purpose of rendering the Services (as defined below), You also agree that You are interested in availing the Services through the Platform in accordance with these Terms.

IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TERMS, PLEASE DO NOT USE THE PLATFORM OR SERVICES

1. Applicability

These Terms shall be applicable to You only if You have created an account on the Platform (“Account”) by providing such information as may be required as set out further in Our Privacy Policy.

2. Eligibility to Use

• 2.1. You shall be eligible to avail Services on the Platform subject to registering with Us as a User and holding an Account as detailed in Clause 3 below
• 2.2. The Services are not available to minors i.e., persons under the age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason whatsoever. By using Platform, You affirm that You (a) are at least 18 (eighteen) years of age; or (b) are a corporation, duly organized, validly existing and in good standing under the laws of the jurisdiction of Your organization, and are fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms stated therein. Registration of User and creation of Account on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. .
• 2.3. We maintain the right to provide Services to only those Users who are – (a) competent to enter into legally binding contracts, (b) have made the representations as provided above, and (c) also qualify under the internal policy(ies) for the same determined solely by Us from time to time. We shall have the sole right to change, modify, add, or remove, in whole or in part, internal policy(ies), in relation to the provision of the Services at any time by providing a prior written notice or intimation to the Users.
• 2.4. You shall not have more than one active Account on the Plat form. Additionally, You are prohi bited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an Account with the Platform.
• 2.5. You hereby agree and acknowledge that the Company all ows You to register on the Platform based on a preliminary examination of the information provided by You on the Platform during the creation of Your Account. The Company does not and will not undertake any fact finding or verification process to evaluate the veracity of the information provided by You or on the basis of how the Platform is subsequently used by You including but not limited to content shared by You through the usage of the Platform.
• 2.6. By accessing the Platform or by accessing any of the Services, it is deemed that the User has read and understood and accepted these Terms and has executed the Service Agreement and agreed to be bound by it. If You will be using the Services on behalf of an organization, You agree to these Terms on behalf of that organization and You represent that You have the authority to do so.

3. User Account Registration

• 3.1. You may browse certain sections of the Platform without having an Account with Us. However, to avail the Services (defined below) on the Platform ,You need to create an Account by providing such information as may be required by the Company as provided under the Privacy Policy. Such details may also include proof of identification in a manner prescribed by the Company from time to time. You may create Your Account on the Platform by entering the one time verification password generated by the Company for this purpose which shall be sent to the phone number entered by You on the Platform.
• 3.2. You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request the Company for an information revision or update. If You provide any information that is untrue, inaccurate, unauthorized, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to refuse any and all the Services to You.
• 3.3. You are responsible for maintaining the confidentiality of the Account information, safeguarding the password or credentials that You use to access the Service and for any activities or actions under Your Account. You are encouraged to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with Your Account and with other accounts that You may connect to Your Account (such as Your Accounts with other social media platforms).
• 3.4. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account either with or without Your knowledge.
• 3.5. You may be held liable for losses incurred by the Company or any other User of or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
• 3.6. You hereby acknowledge and agree that the deletion of the Platform from Your device does not constitute termination of Your Account and agree to undertake the process detailed herein in order to complete the de-registration of Your Account (“De-registration”). If and when You are desirous of having Your name and other details removed from Our records, immediately upon receiving Your written request to that effect, We shall remove and/delete all such information. However, We may retain certain information regarding Your Account, even after receiving a deletion request from You, where such retention is required under applicable laws or such information is non-personally identifiable and aggregated information. You hereby acknowledge that the removal of Your details from the Platform does not constitute termination of Your outstanding obligations, if any, to the Company.
• 3.7. The information collected while creating Your Account or processed for the purposes of availing the Services, will be governed by Our Privacy Policy.

4. Services

• 4.1. Access to short videos, free trades, game shows, news, stories, and charts, and certain additional features before You register or set up an Account with Us on the Platform. The videos/ shorts featured on the Platform are for educational and entertainment purposes only. Similarly, the game shows are not competitions, however are meant for educational purposes only. ;
• 4.2. Further, the trade tips are given by the research analysts, registered with Securities and Exchange Board of India. The news and charts featured on our Platform are also for educational purposes only, wherein the data is sourced from third party vendors and third-party service providers
• 4.3. Such services (in the nature of short videos, free trades, game shows, news, stories, and charts, etc.) provided by Us to You are for educational purposes only.
• 4.4. Upon You registering or setting up an Account with Us on the Platform, You will be provided additional features including (a) access to purchase history, referral status, support, and other app functionalities, (b) record of the last payment method used, (c) payment methods including UPI autopay and recurring subscriptions on cards, which are managed through respective payment portals, and (d) autopay feature, which will be enabled with Your consent.
• 4.5. The aforementioned services shall be collectively referred to as the "Services" . The Company may, at its discretion, add, modify, or remove any of the Services listed above from time to time without special notice to You.
• 4.6.All Services on the Platform are provided to You on a principal-to-principal basis between You and the Company. Nothing herein is intended to nor be construed to constitute the relationship of a principal and agent, employer and employee, partners, joint venture, co-owners or otherwise as participants in a joint undertaking or representative of the other for any purpose whatsoever.

5. Updation of Terms and Conditions

• 5.1. Your use of the Platform is subject to the Terms, which may be updated, amended, modified or revised by Us from time to time without notice to You and subject to the terms of the Service Agreement. To ensure that You are aware of any additions, revisions, amendments or modifications that We may have made to these Terms, it is important for You to refer to the Terms from time to time. You can determine when this Terms was last modified by referring to the “Last Updated” legend .
• 5.2. The updated Terms shall be effective immediately and shall supersede these. It shall be Your responsibility to check this Terms periodically for changes. Your continued use of the Services post amendment of Terms shall signify Your consent to such amendment, and agreement to be legally bound by the same.
• 5.3. Any reference to the Terms shall refer to the latest version of these Terms.

6. Rules and Conduct

• 6.1. As a condition of use, You promise not to use the Services for any purpose that is prohibited by the Terms; or other rules or policies implemented by Us from time to time; or in violation of any applicable laws.
• 6.2. By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action on the Platform that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.
• 6.3. Additionally, You shall not share any information on the Platform or through the links to Third Party Platforms created using the Software that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
• 6.4. Furthermore, You shall not (directly or indirectly) on the Platform or through the links to Third Party Platforms created using the Software: (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures We may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
• 6.5. You will not access the Platform, and/or its Services, or the personal information of other Users, available on the Platform in order to build a similar or competitive application, product, or service.
• 6.6. You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Profile, or any other breach of security, in relation to Your personal information on the Platform.
• 6.7. One Account shall not be used by more than one User. Any use of an Account by a third-party would deem to be unauthorized usage. The Company reserves the right to disable any such Account from the Platform.

7. Profile Ownership and Editing Rights

• 7.1. We ensure easy access to the Users by providing a tool to update Your profile information. We reserve the right to moderate the changes or updates requested by You and We shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in Your profile.
• 7.2. You hereby represent and warrant that You are fully entitled, under applicable law, to provide information as part of Your profile or otherwise while using Our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, We may modify or delete parts of Your profile information at Our sole discretion with or without notice to You. Excluding Your Account information, You acknowledge that the Platform, the entire Company Content , Services, and all the intellectual property rights, including copyrights, patents, trademarks, designs, and trade secrets in relation to the above are solely owned by Us.

8. Rights and Obligation relating to the usage of the Platform

• 8.1. Users shall be prohibited from carrying out the any illegal acts in the Platform or through the links to Third Party Platforms created using the Software including but not limited to acts mentioned below:
  a ) violating or attempting to violate the integrity or security of the Platform;
  b ) transmitting any information on or through the Platform that is disruptive or competitive to the provision of Our Services;
  c ) intentionally submitting on the Platform any incomplete, false or inaccurate information;
  d ) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform or any Third Party Platform;
  e ) circumventing or disabling any digital rights management, usage rules, or other security features of the Platform. Any unlawful activities in the Platform which are prohibited by laws of India
• 8.2. The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature Your violation of these Terms, be entitled to disable Your Access to the Account and use of Services. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days or such shorter time as prescribed by law, for production to governmental authorities for investigation purposes. In case of non-compliance with these Terms, any applicable laws, rules or regulations, the Service Agreement or the Privacy Policy by a User, We shall have the right to immediately terminate Your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.
• 8.3. We may disclose or transfer User-generated information to Our affiliates or governmental authorities in such manner as permitted or required by applicable law, and You hereby consent to such transfer. In accordance with the applicable laws, We shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.

9. Third Party Services

• 9.1. While availing Services, Users may connect with third-party vendors and third-party service providers. The Company is not responsible for, and does not endorse, any third-party vendors/ service providers mentioned on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and We make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors/ service providers.
• 9.2. The Platform integrates with third-party services for news with CMOTS Internet Technologies Private Limited, for charts with TradingView India Private Limited and for data feed with TrueData™ Financial Information Private Limited and NSE Data and Analytics Limited. We reserve the right to change news, data, and other third-party vendors and third-party service providers at Our discretion and add new third-party vendors and third-party service providers, as needed.
• 9.3. In no event shall the Company be liable or responsible in the event of any inaccuracy of data, non-availability of data or termination/ suspension of services by such third-party vendors and third-party service providers.
• 9.4. We integrate with the third-party vendors and third-party service providers to put up advertisements, which are enabled basis Your consent. However, we will not share User data with the third-party vendors and third-party service providers for advertisements. We reserve the right to integrate with other third-party vendors and third-party service providers for any other services.

10. Confidentiality

• 10.1. The Parties may disclose to each other and their designated agents and/or advisors Confidential Information as may be required for the performance of the Services and execution of a Campaign.
• 10.2. Each party undertakes that it will keep secret and confidential the terms of the Service Agreement and any Confidential Information supplied by either party in connection with the Service Agreement or in connection with the business of the other and in connection with the Services and Campaign and shall only disclose such information or part thereof (except to its own employees and advisers and then only on a need to know basis) with the other party’s prior written consent PROVIDED THAT this clause shall not extend to information which was and can be shown to be rightfully in the possession of the receiving party prior to the commencement of the negotiations leading to the Service Agreement or which is in the public domain (other than as a result of a breach of this clause).

11. Use of Your information and content displayed on the Platform or Third Party Platforms

• 11.1. We will only use the information You provide as permitted by Our Privacy Policy and applicable law. Please closely review Our Privacy Policy for more information regarding how We use and disclose Your personal information. Our Privacy Policy is hereby incorporated into these Terms of Service by this reference.
• 11.2. We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to Our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use Our own service infrastructure for hosting the servers and databases. While We make commercially reasonable efforts to ensure that the data stored on Our servers is persistent and always available to the User, We will not be responsible in the event of failure of the third-party servers or any other factors outside Our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
• 11.3. You acknowledge and agree that We may preserve Your information and may also disclose Your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of Your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
• 11.4. We reserve the right to remove or disable access to any user information hosted on Our Platform.

12. Intellectual Property Rights

• 12.1. The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Company Content”) on the Platform is owned by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Company Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
• 12.2. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to reproduce or distribute or otherwise use the Marks without the prior consent of the Company or the third party that may own the Marks.

13. Limitation of Liability

• 13.1. To the fullest extent permitted by law, in no event shall the Company (including its directors, employees, agents, sponsors, partners, suppliers, content providers, licensors or resellers,) and/ or the registered experts/ research analysts be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, loss of goodwill or opportunity, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) for losses incurred by any trade or incurred due to market fluctuations, (iii) for any trade tips, provided by the registered experts/ research analysts, (iv) for Your reliance on the Services (v) for any damages (vi) for any matter beyond its or their reasonable control, even if company has been advised of the possibility of any of the aforementioned damages; and/or (vii) for any third party claims in relation to Your use of the software or content/information shared by You through/with the help of the software.
• 13.2. The Company undertakes the due diligence of the relevant expert/ research analyst at the time of onboarding. In no event shall the Company be liable and responsible for validation or due diligence in any manner, post such onboarding.
• 13.3. Further, in no event shall the Company be liable or responsible for any damages arising from interruption, inaccuracies, suspension or termination of service.

14. Disclaimer

• 14.1. The Service and Platform is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company and its directors, employees, agents, suppliers, shareholders and partners do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) the quality of any Services, availed by You through the Service will meet Your expectations; (c) any defects or errors will be corrected; (d) any content or software available at or through the Service is free of viruses or other harmful components; or (e) the results of using the Service will meet Your requirements or the use of the service will be accurate or reliable. Your use of the Service is solely at Your own risk.
• 14.2. The cost of procurement of the Services resulting from any data, content or information purchased or obtained or messages received or not obtained or received from any paid group/channel or any other user is solely and entirely at Your own risk. You hereby acknowledge and agree that we provide no guarantee or surety of engagement between You and Your viewers upon payment and take no responsibility of ensuring full scale interaction between You and Your viewers.
• 14.3. You hereby acknowledge and agree that You shall only provide true and correct information and in the case of creating a profile You undertake to at all times keep the information up to date. Under no circumstances the company will be liable on account of any inaccuracy of information provided by You on this platform. It is the responsibility of the user to further research the information on the site.
• 14.4 You hereby acknowledge and agree that the Company will collect the testimonials from the Users either in audio/ video/ image/ text format and display the same on Our Platform. Further, the Company shall be under no obligation in relation to such content and materials

15. Indemnification

• 15.1. You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, the Services, Software and Platform; or (ii) Your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation including that of the Third Party Platforms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in connection therewith.

16. Fees/Payments

• You agree and acknowledge t hat You shall be charged such amount towar ds subscription of Services as set out in the Service Agreement executed with the Company. The Company is only a Platform between registered experts/ research analyst and Users, and such subscription enables You to access the Services provided by such registered experts/ research analyst to You on the Platform.
• 16.1. You agree and acknowledge t hat You shall be charged such amount towar ds subscription of Services as set out in the Service Agreement executed with the Company. The Company is only a Platform between registered experts/ research analyst and Users, and such subscription enables You to access the Services provided by such registered experts/ research analyst to You on the Platform.

17. Violation of the Terms

• 17.1. You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

18. Suspension and Termination

• 18.1. The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, Your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.
• 18.2. We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. The intent to temporarily suspend access for pre-scheduled maintenance shall be communicated to You 48 hours in advance via email to the email id provided by You upon creation of Your Account. If You choose to access the Platform or avail Services during such pre-scheduled maintenance, We cannot guarantee the availability of the Services and/or functionality of the Platform.
• 18.3. The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or the Privacy Policy or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until the Company chooses to terminate them.
• 18.4. If You or the Company terminate Your use of the Platform, the Company may delete any Company Content or other materials relating to You and the Company shall have no liability to You or any third party for doing so. However, Your transactions details may be preserved by the Company for purposes of tax or regulatory compliance.
• 18.5. We may terminate Your usage of the Platform at any time for any reason, including breach of the Terms. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, We reserve all other rights and grant no other rights or licenses, implied or otherwise.
• 18.6. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
• 18.7. You shall be liable to pay any fees or charges as may be applicable in respect of the Services until the date of termination by either party whatsoever.

19. Exemptions to liability of Company

• 19.1. You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
  a ) Your failure to cooperate;
  b ) Your unavailability and/or unresponsiveness;
  c ) Your failure to provide accurate and complete information;
  d ) any event beyond Company’s reasonable control.

20. Governing Law and Jurisdiction

• 20.1. These Terms shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India and You hereby accede to and accept the jurisdiction of such courts.

21. General Provisions

• 21.1. Notice: All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
• 21.2. Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third party without the requirement of seeking Your consent.
• 21.3. Relationship: No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
• 21.4. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
• 21.5. Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.

22. Alerts Provided by The Company

• 22.1. The Company provides You with multiple automatic alerts while providing Services.
• 22.2. You understand and agree that any alerts provided to You through the Platform may be delayed or prevented by a variety of factors. We will do Our best to provide alerts in a timely manner with accurate information. However, We neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any third party in reliance on an alert.

23. Contact You

• 23.1. You agree that We may contact You through telephone, email, SMS, or any other means of communication for the purpose of:
  a ) Obtaining feedback in relation to Platform or Our Services;
  b ) Resolving any complaints, information, or queries; and
  c ) You agree to provide Your fullest co-operation further to such communication by Company.
• 23.2. By submitting suggestions or other feedback regarding Our Services/Platform, You agree that We can use and share such feedback for any purpose without any compensation to You and We are under no obligation to keep such feedback confidential.

24. Grievance Redressal Mechanism

• 24.1. Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to
  
  Attention: Ananya Singhal, Director
  Email: greviance@rigi.club
  Address: Ground Floor, Urban Vault, 1090 C, 18th Cross Rd, 3rd Sector, HSR Layout, Bengaluru, Karnataka 560102, India.
• 24.2. In furtherance of the Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) rules 2020 nodal officer appointed to ensure compliance (to the extent relevant and applicable on the Company) with the Act and E-commerce Rules is as follows:
  
  Name: Ananya Singhal
  Attention: Ananya Singhal, Director
  Contact Details: greviance@rigi.club
  Designation of such officer: Director
• 24.3. The grievance officer will acknowledge the receipt of any compliant within 24 hours and redress the complaint within 15 days from receipt of the complaint.

25. Company and User Materials

• 25.1. While rendering Services, Company directly or through its representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use. While availing Services, User may submit various materials to Company in the form of audio/video/image/written content, (“User Materials”). User hereby provides Company with an exclusive, transferrable, perpetual and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third party and shall be responsible for any claims arising out of infringement.

26. Modification

• 26.1. We reserve the right, at any time and in with sole discretion, to change, modify, or amend the Platform (in whole, or in part) or any of its Services or Company Content (in whole, or in part), in compliance with the applicable legal and regulatory framework. You agree that We will not be liable to You for any change, modification or amendment of the Platform or its Services, or any part thereof.

27. Support

• 27.1. The Company offers a chat-based support system along with an online knowledge pool of FAQs. In case You require any assistance or support, You may access support resources or contact Our support by emailing at support@rigi.club and raise a ticket for Your query.
• 27.2. The Company shall revert to every complaint within 24 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
• 27.3. The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.

28. Contact

• 28.1. If You have any questions regarding the Services or usage of the Platform, please contact Company at support@rigi.club. Please note that for the purpose of validation, You shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking Your service request.

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Last Updated : 20 Dec 24