These terms and conditions of use (hereinafter the “Terms and Conditions”) establish a legally binding agreement between Recur Club Technologies Private Limited ((hereinafter referred to as “Company”, “us”, “we” or “our”), which expression shall include where appropriate its affiliates, successors and assigns)) and the persons (“Users” or “you” or “your”) accessing and using this website https://www.recurclub.com (“Website”) the application Recur Club (“Application”) and other associated applications, products, websites and services managed by the Company (collectively, “Platform”), to the extent applicable. The Company operates the Platform to provide online access to information about the Company and the products, services and opportunities we provide at the Company (“Services”).
1.1. The Company is the author and publisher of the Platform, and all variations, revisions, editions and ancillary services of the Platform (including all files, images and downloadable material and other content available on Platform). The Platform shall be used by Users solely to avail the Services.
2. The Platform and access thereto
2.2. The Platform is an online platform that supports and facilitates online transactions between various users and acts as an intermediary between such users. You agree and acknowledge that save and except as expressly mentioned hereunder, the Company has no control over and assumes no responsibility for, the content hosted by a User (“User Content”) on the Platform and by using the Platform, you expressly relieve the Company from any and all liability arising from the User Content.
2.3. The access to certain sections of the Platform is conditional upon our acceptance of you as a ‘Company’ or ‘Investor’ on the Platform. We reserve the right to withdraw or amend the Services being provided to you through the Platform without any notice. We will not be liable if for any reason our Platform is not available to you at any period of time. Further, we have the right to restrict your access to the whole or part of the Platform.
2.4. All rights that are not expressly granted to you hereunder are reserved under these Terms and Conditions.
2.6. You agree and acknowledge that the Company shall have the right at any time to change or discontinue any aspect or feature of the Platform. The Company reserves the right to refuse access to the Platform, terminate Accounts, remove or edit contents without any notice to you.
3. Registration and Membership
3.1. If you are interested to use Platform and/or other related services, in order to have full functionality of the Platform, you will have to sign a Master Service Agreement with us to become a ‘Company’ or ‘Investor’ on the Platform. In case of a conflict between the Terms and Conditions and the specific conditions set out under the relevant Master Service Agreement to be executed by you, the specific conditions of relevant Master Service Agreement shall prevail.
3.2. You must be at least 18 (eighteen) years of age or older (in case you are an individual), have a sound mind and not debarred by any law to contract in order to access and use the Platform. If you use the Platform or the Services on behalf of someone else (including but not limited to, as a legal representative of another individual or an entity), you must be authorized by such individual or entity. Our Platform is accessible to children under the age of 18 (eighteen), however, the Company strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission.
3.4. If you are availing the Platform’s services to avail capital, you understand, acknowledge, and agree that: (a) submission of your request to any capital partners (who shall process your application to avail capital) shall not imply automatic approval of the application by the capital partner; (b) being regulated entities, the capital providers shall be entitled to make disclosure of any information relating to your organisation and directors or partners including personal information and details in relation to loan, defaults, security, etc. to credit information companies and / or any other governmental, regulatory, statutory or private agency or entity, Reserve Bank of India, banks and financial institutions, credit bureaus, Credit Information Bureau of India (CIBIL), rating agencies and third party service providers, who may need, process and publish the information in such manner and through such medium as it may be deemed necessary by the publisher / capital provider / RBI, including publishing the name as part of wilful defaulter's list from time to time, and also use the same for KYC information verification, credit risk analysis, and for other related purposes; and (c) the capital providers are authorised by you to access / receive the credit information of your organisation and directors or partners from Credit Information Bureau of India (CIBIL) and other credit information companies, and the unconditional consent of your organisation and its directors or partners, are hereby accorded, and instructions are hereby provided, to such bureaus to provide such credit information to the capital providers. The process of availing capital through the Platform will require you to execute documents (including but not limited to facility agreement(s), sanction letter(s), etc.) with the capital partners.
3.5. Your organisation and its directors or partners hereby consent to: (a) receive information from the Central KYC Registry through SMS/Email on the number/email address registered with the Platform; and (b) retrieval/download of KYC records online from the Central KYC Registry using the respective KYC Identifier.
3.6. You agree not to provide the username and password for your account and other information relating to your Account to any other person. You agree to keep the password for your Account secure. You are fully responsible for any loss or damage resulting from your failure to protect your password. You agree that the Company shall not be liable for any loss or damage arising out of your failure to keep your password secure.
3.7. You agree and confirm that you will never use another User’s Account nor provide access to your Account to any third-party. When creating your Account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on or from your Account, and you shall keep your Account credentials secure and not share the same with anyone. You must notify the Company immediately of any breach of security or unauthorized use of your Account. At no point in time will the Company be liable for any losses caused by any unauthorized use of your Account, you shall solely be liable for the losses caused to the Company or others due to such unauthorized use, if any.
3.8. Save and except as expressly mentioned hereunder, the Company takes no responsibility for any User Content that is uploaded from your Account on the Platform, and further, the User shall be solely responsible for his or her own actions in utilising such User Content and availing the Platform provided herein.
3.9. You confirm and acknowledge that by registering and/or creating an Account on the Platform, you authorise and consent to the Company sending, directly or indirectly, promotional and marketing content to you through emails, phone calls, short message service or other electronic and non-electronic mode of communication, and no such communication shall be deemed to be in violation of law relating to unsolicited commercial communication.
4. User access rights
4.1. The Company hereby grants you permission to access and use the Platform and all content as may be hosted on the Platform from time to time (“Content”) as set forth in these Terms and Conditions, provided that:
a) you agree not to distribute in any medium any part of the Platform or the Content without the Company’s prior written authorization;
b) you agree not to alter or modify any part of the Platform;
c) you agree not to use the Platform for any of the following commercial uses unless you obtain the Company’s prior written approval: (i) sale of access to the Platform; and (ii) sale of advertising, sponsorships, or promotions placed on or within the Platform or the Content;
d) you agree to download or copy Content only to the extent such download is expressly permitted in writing on the Platform. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Platform or any related software;
e) you agree to receive installs and updates from time to time from the Company. These updates are designed to improve, enhance and further develop the Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Company to deliver these to you) as part of your use of the Platform;
f) you agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platform in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Platform;
g) to the extent permitted in the Platform, you may post content; send communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give the Company limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Platform and in any of its marketing or promotional activities;
h) you agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or the Content therein;
i) you agree that when using the Platform, you will be exposed to Content from variety of sources and by different Users and, unless agreed by the Company, the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Platform;
j) you shall not use the Platform in any way that is fraudulent or unlawful; and
k) you shall at all times comply with all applicable laws and regulations in relation to your use of the Platform.
4.2. The Company reserves the right to discontinue, at its sole discretion, any aspect of the Platform at any time with or without notice.
5. Our rights in relation to the Platform
5.1. We have the right to discontinue or change our Services at any time and shall not be liable for the same.
5.2. We shall delete your Account or cancel access to the Platform for any reason whatsoever, at any time at our discretion. We shall also suspend or limit your access to the Platform as and when may be considered necessary. For the aforesaid, we shall make all reasonable efforts to notify you and inform you of such an action and the reasons thereof, in any.
5.3. If at any given point it comes to the notice of the Company that you are engaged in any kind of harassment of other Users, then in such a case you agree that the Company shall have the sole right to suspend / terminate your Account with immediate effect and without any notice of such suspension or termination, and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
5.5. With reference to Clauses 5.1, 5.2, 5.3 and 5.4, you agree and understand that we shall not be liable for any claim based on any termination, suspension or any of the aforesaid actions taken by us in relation to your access to the Platform.
5.6. As a User, you may be entitled to submit User Content on the Platform. You agree that User Content you submit on the Platform will not contain third party rights, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein. You understand that the Platform does not guarantee any confidentiality with respect to any User Content you submit. You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you grant limited license to the Company to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Platform pursuant to these Terms and Conditions for the duration the said User Content is available on the Platform. For clarity, you retain your ownership rights in your User Content. However, by submitting User Content to the Company, you hereby grant the Company a limited, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit, the User Content in connection with the Platform and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Platform in any media formats and through any media channels. You also hereby grant each User of the Platform a limited, non-exclusive license to access your User Content through the Platform. The above licenses granted by you in the User Content you submit to the Platform terminate within a commercially reasonable time after you request the Company to remove or delete your Account and User Content from the Platform. You understand and agree, however, that the Company may retain, but not display, distribute, or perform, server copies of your User Content that have been removed or deleted.
6. Representation and Warranties
6.1. You represent that, as on the date hereof, you have the full authority to enter into, execute and deliver these Terms and Conditions and to perform the terms contemplated hereby.
6.3. You represent that you are and will at all times be, in full compliance with all applicable laws, regulations, rules (including without limitation to all applicable laws regarding online conduct and acceptable content, privacy, data protection as per the applicable laws).
6.4. You guarantee, warrant, and certify that you are the owner of the Content which you submit or otherwise authorized to use the content and that the Content does not infringe upon the Intellectual Property Rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any such Content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by us.
6.5. You represent that all the information provided by you is true, correct and accurate and you shall inform us of any change/ amendment in such information from time to time.
6.6. You shall not host, display, upload, modify, publish, transmit, update or share any information that: (i) belongs to another person and to which you do not have any right to; (ii) is grossly harmful, harassing, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, otherwise unlawful in any manner whatsoever; (iii) harms minors in any way; (iv) infringes any patent trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with friendly states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and/or (ix) represents fraudulent, false or misleading information/documents.
6.7. You agree and understand that you shall not use the Services for any unlawful purposes and shall not sell your access to the Platform. You shall not transmit any unnecessary information or unwanted electronic communication such as spam to other Users of the Platform. You will not misuse your right to the Platform by introducing viruses, trojans, worms or other material likely to cause harm to the Platform and shall indemnify and keep us indemnified in case any action is initiated against us due to any loss, injury, expenses or liability caused to any other user of the Platform or any third party. You shall further not gain any unauthorised access to the Platform or on any other source to the Platform.
7. No offers or reliance
7.1. The Platform has been prepared solely for purposes of information. The information available on the Platform is for convenience of presentation and under no circumstances should the Platform be used or considered as an offer to sell or the invitation or solicitation of an offer to buy any property, rights or assets listed on the Platform. Before making a decision with respect to purchasing any property, rights or assets, Users are advised to carefully read the related final documentation. Further, the Company does not give or offer any business advice, investment advice, tax or legal advice to anyone using this Platform. Accordingly, Users are advised to consult with their tax, legal and financial advisors and carry out their own due diligence with respect to purchasing any property, rights or assets.
7.2. Nothing contained on the Platform must be relied upon as a promise or representation as to past or future performance. The Platform may contain forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as "may," "will," "should," "expects," "plans," "anticipates," "believes," "targeted," "projected," "underwritten," "estimates," "predicts," "potential," or "continue" or the negative of these terms or other comparable terminology. These forward-looking statements include, but are not limited to, statements concerning the company, property, risk factors, plans and projections. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. None of the Company, another User nor any other person or entity assumes responsibility for the accuracy and completeness of forward-looking statements. Users are advised to conduct their own due diligence and not rely on the financial assumptions or estimates that are displayed on the Platform. Any property, rights or assets displayed on the Platform are not guaranteed by the Company, and may lose value.
7.3. You understand and acknowledge that purchase of any property, rights or assets listed on the Platform is speculative in nature and involves a high degree of risk, including the risk of loss of capital, and is not guaranteed. The Platform is suitable only for sophisticated investors who fully understand and are capable of bearing the risks of purchasing such property, rights or assets. A User should only purchase property, rights or assets if he/she is able to withstand a total loss of capital. No guarantee or representation is made by us that you will achieve your investment objectives or will receive a return of your capital. The Company does not endorse or promote any of the opportunities that appear on the Platform nor make any recommendations regarding same to any User. Users must not construe anything on the Platform as investment, business, legal or tax advice and the Content contained herein does not constitute an offer by the Company to sell, solicit or make an offer to buy an investment interest. Any information made available from the Platform, does not represent a solicitation of an offer to buy or sell any property, rights or assets.
8. Disclaimer of Warranty
Should you use and access the Platform for a Service, to the full extent permitted under applicable law, you agree that:
8.1. use of the Platform and the Services are made available to the Users on “as is”, “where is” and “as available” basis as described in these Terms and Conditions (as amended from time to time) without any express or implied warranty, representations or conditions;
8.2. your use of the Platform shall be at your sole risk to the fullest extent permitted by law, and we or any of Our affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator disclaim all warranties of any kind, whether express or implied, in connection with the Platform and your use of the Services thereof;
8.3. we make no warranties or representations about the accuracy or completeness of the Platform’s Content or the content of any sites linked to this Platform and assumes no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of Content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform; (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) any bugs, viruses, which may be transmitted to or through our Platform by any third party; (e) regarding the reliability, accuracy, completeness, validity or truthfulness of any information, material or other Content obtained through use of the Services or the Platform; and (f) 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 Platform;
8.4. we make no warranties or representation that the Platform or Service will be uninterrupted, timely, without down-time, secure or error free or that the defects will be corrected;
8.5. we do not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and we 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. No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in the Terms and Conditions;
8.6. you also agree and understand that the information displayed on the Platform is for information purposes only and does not to amount to any business advice, investment advice, tax or legal advice; and
8.7. to the extent permitted by applicable law, we disclaim our liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect, deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records, whether due to breach of contract, negligence, tort or due to other cause of actions.
9. Limitation of Liability
9.1. In no event shall the Company be liable, whether in contract, tort (including negligence), equity or otherwise for any loss of profits, business, contracts, or revenues, trading losses, loss of operation time, increased costs or wasted expenditure, loss of goodwill or reputation, special, indirect, incidental, punitive or consequential damage or loss of any nature whatsoever or howsoever arising out of these Terms and Conditions, whether or not the Company has been advised of the possibility of such damages or losses.
9.2. The maximum aggregate amount that you or any party claiming through you can recover from the Company and its affiliates, officers, employees, agents or all claims arising from, under or relating to these Terms and Conditions (whether in contract, tort including negligence, equity or otherwise) will in no event exceed the amount of INR 1,000.
10. Intellectual Property Rights
10.1. You acknowledge and agree that the Company owns all legal rights, titles and interests in and to the Services, including any intellectual property rights, including but not limited to copyright, trade secrets, trademarks, service marks, brand names and other proprietary rights whether under contract, statute or any similar provisions (“Intellectual Property Rights”), which subsist in the Services (whether those rights are registered or not, and wherever in the world those rights exist). Any infringement of our Intellectual Property Rights shall be governed by the applicable law in India.
10.2. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by the Company or by third parties who have licensed their materials to the Company and are protected by Indian and international copyright laws. The compilation of all Content on the Platform is the exclusive property of the Company and is also protected by Indian and international copyright laws.
10.3. The Platform, including all Content, is owned by or licensed to the Company and is subject to and protected by various Intellectual Property Rights. All Intellectual Property Rights are and will remain the exclusive property of the Company, its respective third-party licensors or third parties to whom it is attributed and in using the Platform, Users will not obtain any rights, title or other interest in or to any information on the Platform or related Intellectual Property Rights. Subject to the above, Users are entitled to view the information on the Platform and to copy and print such information for personal use in the manner set out hereunder. Users are not permitted to sell or distribute or otherwise deal with the information on the Platform or any deviations of such information without the prior written consent of the Company.
10.4. You understand and agree that you do not have the right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
10.5. You agree that you will indemnify us for any use of the proprietary information displayed on the Platform which infringes third party intellectual property rights.
10.6. You shall not indulge in disassembling, decompiling or unlocking, reverse engineering, or in any manner decoding the Platform or our software for any reason whatsoever, including copying any features, functions or user interfaces/graphics of the Services.
12. Third Party Websites and Contents
12.1. The Platform may contain links to third party websites and third party contents that are not owned or controlled by us and we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Platform, you specifically release us from any and all liability arising from your use of any third-party website. Inclusion of third party websites or third party contents or linking to any does not imply approval or endorsement thereof by us.
12.2. In case you decide to leave the Platform and access the third party websites, you do so at your own risk and will be governed by the privacy and other policies of that third party.
13. Information technology laws
You are advised not to post any information or messages that are, or that may be construed, as being malicious, defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
We reserve the right to make changes to the Terms and Conditions from time to time. Please review the Terms and Conditions for updates or changes. Your continued use of the Service(s) and access to the Platform shall be deemed your acceptance of the then current version of the Terms and Conditions.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable in accordance with applicable laws by a competent authority, then, to the extent and within the jurisdiction where such term is illegal, invalid or enforceable, it shall be severed and deleted and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
You cannot assign or otherwise transfer your rights or obligations under these Terms and Conditions to any third party. The Company may transfer its rights and obligations under these Terms and Conditions without your prior express consent, provided that the Company will assign these Terms and Conditions on the same terms or terms that are no less advantageous to you.
17. Governing Law and Dispute Resolution
18. No Waiver
Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
None of the provisions of these Terms and Conditions will be deemed to constitute a partnership or agency between you and the Company, and you will have no authority to bind the Company in any manner whatsoever. Any notice required to be given in connection with the Platform shall be in writing and sent to the registered office of the Company. We do not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of any section in these Terms and Conditions.
If you have any queries or concerns regarding these Terms and Conditions, please contact us at firstname.lastname@example.org.