Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS INTERNET BASED PLATFORM / APPLICATION / APP, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED PLATFORM / APPLICATION / APP.

The application or app or platform name is “Affluent” an internet based portal/application, is owned and operated by First Quadrant Solutions Private Limited and/or its Hold Co , subsidiaries, affiliates and authorized service provider (hereinafter referred to as “Affluent”, or “We” or “Our” or “Us” or “Company”). The application and domain name is referred to as the “Platform” or “Application” or “App”.

Your access or use of the Application, transaction on the Application and use of Services (as defined herein below) hosted or managed remotely through the Application, are governed by the following terms and conditions (hereinafter referred to as the Terms and Conditions), including the applicable policies which are incorporated herein by way of reference. These Terms & Conditions constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Affluent on the other part.

By accessing, browsing or in any way transacting on the Application, or availing any Services on the Application as provided by Affluent and its affiliates, You signify Your agreement to be bound by these Terms & Conditions. Further, by impliedly or expressly accepting these Terms & Conditions, you also accept and agree to be bound by Our policies, including the Privacy Policy, which also governs Your visit to the Application to understand Our practices, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Application, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms & Conditions. Please note that Affluent reserves the right to update/ amend these Terms & Conditions or any other policy included by reference at any time without notice to the User, therefore, You may periodically review this page/link to make sure You have the latest version of the Terms & Conditions and Privacy Policy (the “Revised Version”). The Revised Version will be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the Terms in place when the Dispute arose.

The Application that facilitates services like consumer engagement, advice on investment in asset class (herein after referred to as the “Services”). Affluent and its affiliates attempt to be as accurate as possible. Any links to other sites via Affluent Application, over which Affluent has no control are subject to terms of such links/sites and Privacy Policy of the respective link, site or application. Affluent is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

By using Affluent Services You agree to the following disclaimers:

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AFFLUENT, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“AFFLUENTPARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AFFLUENT PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE AFFLUENT PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFFLUENT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY AFFLEUT, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

NO LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AFFLUENT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE AFFLUENT PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS & CONDITIONS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND AFFLUENT ‘S REASONABLE CONTROL. IN NO EVENT SHALL THE AFFLUENT PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AFFLUENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Services would be made available to such natural persons who have agreed to use the Application. To the full extent permissible by applicable law, AFFLUENT disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AFFLUENT does not warrant that this application, site, its servers, or email/SMS sent from AFFLUENT are free of viruses or other harmful components.

By using application, you agree that the laws of relevant jurisdiction (“Applicable Laws”), without regard to principles of conflict of laws, will govern the conditions of use and any dispute of any sort that might arise between You and AFFLUENT or its affiliates.

As a condition to Your use of the Application, You must be 18 (eighteen) years of age or older to use or visit the Application in any manner. By visiting the Application or accepting these Terms & Conditions, You represent and warrant to AFFLUENT that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Application and agree to and abide by these Terms & Conditions.

The contents on the Application including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, solely contains content provided by AFFLUENT including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (collectively, “Content”). The Content is the property of AFFLUENT and is protected under copyright, trademark and other applicable law(s). You shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.

These Terms & Conditions constitute an electronic record in terms of the Information Technology Act, 2000 and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Eligibility

For the purposes of availing the Services through the Application, AFFLUENT may collect the following personal information from You:

  • Name

  • User ID

  • Email Address

  • Address (including country and ZIP/ postal code)

  • Gender

  • Age

  • Mobile/Phone Number

  • Password chosen by the User

  • Valid financial account information

  • Other details as You may volunteer

  • Transactional SMSs

The use/ access of the Application is only available to natural persons, other than those who are ‘incompetent to contract’ under the Applicable Law of the relevant jurisdictions That is, persons including minors, un-discharged insolvents etc. are not eligible to use/ access the Application. By accessing or using the Application, You accept the terms of these Terms & Conditions and represent and warrant to AFFLEUNT that you are ‘competent to contract’ under the contract Act and have the right, authority and capacity to use the Application and agree to and abide by these Terms & Conditions.

AFFLUENT, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Application, at any time while AFFLUENT investigates complaints or alleged violations of these Terms & Conditions or any Services, or for any other reason.

Representation as to legal title

AFFLUENT does not make any representation or warranty as to the use of the Services offered on the Application. At no time shall any right, title, claim or interest in the Services provided through or displayed on the Application vest with AFFLUENT nor shall AFFLUENT have any obligations or liabilities in respect of any transactions on the Application.

You agree and acknowledge that AFFLUENT shall not be responsible for any claim/ liability/ damages that may arise while transacting and/or procuring Services that have been offered on the Application.

Use of the Application

As part of the Services, AFFLUENT provides Content on the Application targeted at general public for informational purposes only and does not constitute professional advice or recommendations of any kind. AFFLUENT and/or its affiliates, accept no responsibility for any legal or financial events or outcomes related to the Services availed through the use of the Application. AFFLUENT makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused due to technical glitches or by AFFLUENT employees/representatives. AFFLUENT is not responsible for transmission errors, corruption of data.

The Application may not be used for illegal purposes. The information provided on the Application and Services may not be used for any illegal purpose. You may not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's or organisation’s use and enjoyment. You may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Application, the information, or Services. You may not use any automated means (such as a scraper) to access the Application, the information, or Services for any purpose. You may not use the Services for any illegal activity or goods or in any way that exposes you, other users, our partners, or Us to harm. Any attempt by any individual or entity to solicit information of any other user is an express and direct violation of these Terms & Conditions and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

AFFLUENT may, at its sole discretion, suspend User’s ability to use or access the Application at any time while AFFLUENT investigates complaints or alleged violations of these Terms & Condition, or for any other reason.

Copyright

All content included on this Application, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and products, is the property of AFFLUENT or its providers/source and is protected by Indian copyright laws. The compilation of all products on this Application is the exclusive property of AFFLUENT and protected by Indian copyright laws. All products used on this Application are the property of AFFLUENT or its providers/source and is protected by Indian copyright laws.

Trademarks

AFFLUENT, the AFFLUENT logo, and other marks indicated on our Application are trademarks of AFFLUENT or its affiliates. Other AFFLUENT graphics, logos, page headers, icons, scripts, and service names are trademarks or trade dress of AFFLUENT or its affiliates. AFFLUENT’S and its affiliates' trademarks and trade dress may not be used in connection with any product or service that is not AFFLUENT'S or its affiliates' as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits AFFLUENT or its affiliates. All other trademarks not owned by AFFLUENT or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AFFLUENT or its subsidiary or affiliates.

Your license

If you submit material, and unless we indicate otherwise, you grant AFFLUENT and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

You grant AFFLUENT and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AFFLUENT or its affiliates for all claims arising from content you supply.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with AFFLUENT’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose AFFLUENT, its affiliates or its customers to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. AFFLUENT may also monitor such Content to detect and prevent fraudulent activity or violations of Our General Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content. We assume no responsibility or liability for any Content submitted by you or any third Party.

Other Terms

The use of the Application involves every Users’ registration information. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by AFFLUENT from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.

The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify AFFLUENT of any actual or suspected unauthorized use of the Users’ account or password.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or AFFLUENT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AFFLUENT shall have the right to suspend or terminate such account at its sole discretion.

AFFLUENT may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. AFFLUENT shall ensure the same level of data protection that is adhered to by AFFLUENT as provided for under applicable law, only if such transfer is necessary for the performance of the lawful contract between AFFLUENT or any person on its behalf and the user or where the User has consented to data transfer.

By accepting these Terms of Use and by registering on the Application, You consent to be contacted by Us You further consent to receive emails, call and messages notifications and information at any time from Us.

Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. AFFLUENT is in no way responsible for any of the taxes except for its own income tax. The subscription fees for the Services, if any charged by AFFLUENT, could be paid online through the facility made on the Application. AFFLUENT is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of AFFLUENT.

Each User undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -

  • belongs to another person and to which the such User does not have any right;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
  • infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
  • violates any law for the time being in force;
  • impersonates another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • is prohibited under applicable law(s) for the time being in force including the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You are also prohibited from:

  • violating or attempting to violate the integrity or security of the Application or any Content;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by AFFLUENT;
  • intentionally submitting on the Platform any incomplete, false or inaccurate information;
  • making any unsolicited communications to other Users;
  • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
  • attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
  • copying or duplicating in any manner any of the Content or other information available from the Platform; and
  • framing or hotlinking or deep linking any Content.

AFFLUENT, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person/User in writing or through email signed with electronic signature about any such information, shall be entitled to disable such information that is in contravention of this Clause or any provisions of these Terms of Use. AFFLUENT shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable law(s), rules or regulations, or these Terms & Condition or the Privacy Policy by a User, AFFLUENT has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.

Communications

When You use the AFFLUENT Application, You agree and understand that You are communicating with AFFLUENT through electronic records and You consent to receive communications via electronic records from AFFLUENT periodically and as and when required. AFFLUENT may communicate with You by email or by such other mode of communication, electronic or otherwise. You specifically agree that AFFLUENT shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received. Further, AFFLUENT will make best efforts to safeguard the confidentiality of Your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Application, You agree that AFFLUENT shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing You agree that AFFLUENT shall not be held liable or responsible for 'phishing attacks' on You.

Modification of Application

AFFLUENT reserves the right to modify or discontinue, temporarily or permanently, the Application or any features or portions thereof without prior notice. Users agree that AFFLUENT will not be liable for any modification, suspension or discontinuance of the Application or any other part thereof.

AFFLUENT reserves the right to change or modify these Terms & Conditions or any policy or guideline, policies or conditions of use of the Application including the Privacy Policy, at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Application and You are not liable to receive specific notice of such changes or modifications. Your continued use of the Application will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms & Conditions and applicable policies to understand the terms and conditions that apply to Your use of the Platform.

Governing Law and Dispute Resolution

All disputes will be subject to arbitration at the respective jurisdictions in English by a sole arbitrator appointed by AFFLUENT under the laws prevalent in the respective jurisdictions as mentioned herein below. You agree to submit to the personal jurisdiction of the courts located within the said jurisdiction, for the purpose of litigating all claims that arise between You and AFFLUENT.

Unless otherwise required by a mandatory law of any jurisdiction, these Terms & Conditions (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.

Further, You and AFFLUENT agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with these Terms & Conditions and Privacy Policy as provide on the Platform of the Company and any non-contractual disputes/claims arising out of or in connection with them.

Country Governing Law Jurisdiction
India Arbitration and Conciliation Act, 1996 Mumbai

Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

Severability

If any provision of these Terms & Conditions is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions.

Waiver

No provision of these Terms & Conditions shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by AFFLUENT. Any consent by AFFLUENT to, or a waiver by AFFLUENT of any breach by Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms & Conditions.

Contact Information

If any User(s) has any questions concerning AFFLUENT, the Application, these Terms & Conditions, or anything related to any of the foregoing, AFFLUENT can be reached at the following email address admin@firstquadrant.co

In addition, You also agree that:

  • You will be solely responsible for and bear all risk and liability for products sold at your outlet/store;
  • In the event You stop using the Services or relationship is terminated as agreed terms, You will delete all information about a customer received under this arrangement;
  • In the event any customers or we need deletion of any data received from us concerning a customer or if the customer asks you to do so, You provide an easily accessible mechanism to adhere to this request.
  • You will provide us with any information or allow us to audit documents related to this arrangement, if we request to verify your compliance with this Agreement.
  • You represents that You own all rights in their name, logo and/or trademark and hereby authorize us, either directly or indirectly, to use the same in any promotional, marketing and/or publicity activities / material in any published, broadcast or electronic forum, and in any medium of advertising, publicity or trade.
  • DISCLAIMER TO BE APPLICABLE: THE SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION AVAILABLE OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." SOME JURISDICTIONS' LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR QUIET ENJOYMENT.
  • You will not, directly or indirectly: (a) disclose or convey any Transaction Information (except you may disclose this information as necessary for you to perform your respective obligations under this Agreement and to comply with the provisions of applicable laws and provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information); (b) use any Transaction Information for any marketing or promotional purposes whatsoever; (c) contact a Person that has ordered a Merchant Product that has not yet been delivered with the intent to collect any amounts in connection therewith, to influence such Person to make an alternative purchase; (d) disparage us, our Affiliates, or any of their or our respective services or any customer

Analytics

  • Information provided or derived may be used for purposes of providing, improving, and developing our Services
  • For measuring, tracking, and analyzing trends and usage in connection with your use or the performance of our Services.
  • Either AFFLUENT and its third-party service providers may use his data to analyze and track usage of our Services, determine the popularity of certain content, and better understand how you use our Services.
  • To perform its respective obligations under Contract/Agreement.
  • To maintain the data as long as necessary or as required by law and used internally for record keeping internal reporting and support purposes;
  • To use the data for the purpose of forecasting consumer demand trends, targeted non-competitive/competitive advertising , market segmentation and analysis, predicting customer behavior and enabling further customer acquisition, making relational references, Markov analysis, analysis of retention rates and other analytical or statistical purposes