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 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.
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.
For the purposes of availing the Services through the Application, AFFLUENT may collect the following personal information from You:
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.
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.
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.
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.
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.
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 -
You are also prohibited from:
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.
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.
|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.
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.
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.
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.
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 email@example.com
In addition, You also agree that: