- The terms and conditions contained herein("T&C") contain the complete terms and conditions that apply to aClient/User and govern the Client's access to and use of the Service(s).However, some of the Services may require the Client to agree to additionalterms and conditions. Unless otherwise provided, those additional terms shallbe deemed to be incorporated into the T&C.
Definitions: Unless repugnant to the context, the terms used in the T&C have thefollowing meaning:
“Client”/“User” means: In case of an individual, any person above the age of 18 years who has anaccount on the Platform;
In case of persons other than individuals, any entity who holds an account onthe Platform, and who may access the Platform through its representatives,authorised officials; or
An entity on whose behalf any authorised representative or person may hold anaccount to access the Platform.
“GreatKapital” means the website www.greatkapital.comthat is operatedby BenefitsKlub Technologies Private Limited, a company incorporated underCompanies Act, 2013 having its registered office at " No.1/1, 3rdFloor,Vinayaka towers 1st Cross, Gandhi Nagar Bangalore Bangalore KA 560009 IN
“Counterparty”means any person with which the Client a) enters into any arrangement/contract/agreementwith, pursuant to or by way of the Services or the Platform; and/or (b) maypotentially enters into any arrangement/contract/agreement with, by availingthe Services on the Platform.
“ForceMajeure Event” includes any act, event, non-happening, omissionor accident beyond the reasonable control of Great Kapital and includes,without limitation, the events arising out of arising out of or related to anyact of God or act of state, disruption of services due to technological failurebeyond Great Kapital’s control, any system failures, cyber-crimes including butnot limited to hacking, tampering with computer source documents, disruptioncaused in systems and/or software's by virus, network failures, war, riots,civil commotion, terrorism, strikes, epidemic, pandemic, quarantines, changesin laws or regulations, lockouts or any order of any governmental, semi-governmentalor local authority or any similar cause
"Platform" meansthe platform launched by Great Kapital for offering Services to the Client.
“PersonalData” shall have the same meaning as ascribed to the term“Sensitive Personal Data or Information" under the Information Technology(Reasonable Security Practices and Procedures and Sensitive Personal Data orInformation) Rules, 2011 (as amended from time to time).
“Service(s)”means the services offered by Great Kapital through the Platform, including butnot limited to facilitation interaction between the Client and Counter partiesto enable them to enter into transactions, including for securitisation, directassignments, allotment/subscription of debentures, or any other productoffered.
General:
(a) By using the Platform or availing the Services provided through thePlatform in any way; or browsing the Platform, the client is deemed to haveread, understood and accepted the T&Cs as well as any privacy policy, orany other policy that may be available on the Platform.(b) The Client acknowledges that by accessing and using the Platform andavailing any of the Services, it agrees to be bound by the T&Cs. Theticestablish a contractual relationship between Great Kapital and the Client.(c) In the event the Client is not agreeable to the T&Cs, it shall notaccess the Platform or avail the Services.(d) The T&C contained herein expressly supersede all prior agreements orarrangements between Great Kapital and the Client.(e)The Client understands that the access to the Platform and the offer ofServices is conditional upon the Client's irrevocable consent and acceptance ofall the terms, conditions and obligations contained in the T&Cs (as may beamended from time to time).
Representationsof the Client
(a) By agreeing to the T&C and by availing the Services, the Clientrepresents that it is lawfully able to enter into contracts (if anindividual)or has the legal authority to enter into contracts on behalf of the bodycorporate/company/partnership.(b) The Client acknowledges that Great Kapital is merely providing a platformfor facilitating the transactions between the Client and the Counterparties onthe Platform by and shall in no manner be liable or responsible for any suchtransactions or be construed as an agent of the Client.(c) The Client acknowledges and agrees that any use of the Platform and theavailing of the Services is at the sole risk of the Client.(d) The Client acknowledges, represents, and warrants that with respect to anydata posted on or transmitted through the Platform:(I) It has all necessary licenses, rights, consents, and permissions to upload,transmit, or publish such data and that it grants Great Kapital, express,irrevocable license and authorization to use such data for the Services; and(ii)Any use by Great Kapital of the data uploaded, transmitted, or published biton the Platform will not constitute infringement of any third party’s rights.(e)The Client agrees and acknowledges that it is solely responsible to GreatKapital and to any Counterparty for any breach of its obligations under the T&Cand for the consequences of any such breach (including any loss or damage whichGreat Kapital may suffer).
Useof the Platform and/or Services
(a)In order to access the Platform and to obtain the benefit of the Services,the Client will have to register and create an account by providing accurateand complete information. Great Kapital is not responsible for verifying theaccuracy of any such information.(b)Great Kapital reserves the right to reject the request for creation of theaccount, at its sole discretion, if the data or information submitted appearsto be incomplete, incorrect or fraudulent.(c)On the creation of the account, Great Kapital grants to the Clientanon-exclusive, limited privilege to access and use the Platform and theServices offered on the Platform, subject to compliance with the T&C. Theaccount is non-transferable and its use is restricted to the Client creatingthe account.
(d)The Client is solely responsible for its account and any activity on it, andmust keep the log-in credentials (log-in ID and password) secure at all times.The Client shall not sell, transfer or sub-license the log-in credentials toany other person. The Client shall promptly on becoming aware of anyunauthorized use of its account, notify Great Kapital hi@Great Kapital. Failureof the Client to notify Great Kapital may create liability on the Client forany losses/damages caused by any unauthorized use of the account.(e)The availing of the Services and the use of Platform is only for purposespermitted by: (i) the T&C; and (ii) any applicable law, regulation orgenerally accepted practices or guidelines.
GeneralUndertakings of the Client
(a)The Client agrees to access any information, material, documents on Platform,provided by itself or any third party but accessible to the Client, or availany Service only through the authorised access provided by Great Kapital.(b)The Client shall not use or attempt to use any unauthorized means, includingbut not limited to, use of any deep link, program, automatic device, algorithmor methodology, or any similar processes, or hacking to access, utilize, copyor monitor any part/feature of the Platform or its content, or avail anyServices or in any way reproduce or circumvent the structure or layout of thePlatform, or obtain or attempt to obtain any information not openly availableon the Platform.
(c)The Client undertakes not to attempt to gain any unauthorized access to thePlatform, the server on which the Platform is hosted or any other database,server or computer connected to the Platform.(ii) The Client shall not misuse the Services or corrupt or try to corrupt thePlatform by introducing any bugs, viruses, worms, malwares, spyware or anysimilar program which is malicious or harmful.(e) The Client undertakes to ensure that any material/information/data uploadedby it on the Platform is strictly of nature and context as required by thePlatform for the relevant Service, and is not in violation of any applicablelaw.
(f) The Client understands that, for the purpose of providing the Services, GreatKapital requires certain details of the Client and the Client expresslyconsents, permits and provides approvals including but not limited to approvalssuch as connecting to the Credit Bureau to access the Client’s credit and otherrelated data and approval for running requisite checks with the Credit Bureauon the Client, its promoters, directors, key managerial personnel (as definedunder Companies Act, 2013), related parties, entities where promoters/directorsof the Client are interested parties/on the board of such entities and anotheremployees of the Client as GREAT KAPITAL may deem fit in its sole discretion.(g)The Client further undertakes not to:(i)impersonate any person or entity, or misrepresent its affiliation with aperson or entity;
(ii)publish, post, upload or distribute files that contain bugs, viruses, worms,malwares, spyware or any similar program, or corrupted files that may disruptthe operation of the Platform or a Counterparty's computer;(iii)engage in any activity that disrupts access to the Platform or theServices;
(iv)disrupt or interfere with the security of, or otherwise cause harm to, thePlatform, accounts, passwords, servers or networks connected to or accessiblethrough the Platform;
(v)cause any interference or attempt to interfere with the proper working ofthe Platform or any transaction being conducted on the Platform, or with anotherperson's use of the Platform;(vi)upload or distribute files that contain such material which is infringingthe copyrights, trademarks, confidentiality, privacy or any other proprietaryinformation protected by law, unless the Client has the rights or the necessaryconsents thereto;
(vii)use the Platform or Services for any purpose that is fraudulent, unlawfulor prohibited by the T&C and by applicable law, or to solicit theperformance of any illegal activity or other activity which infringes therights of Great Kapital or any Counterparties;(viii)upload or distribute any material or information that is, or containstags or keywords which are, illegal, inappropriate, profane, obscene, offensive,abusive, harassing, misleading, indecent, defamatory, disparaging, or menacing,or is otherwise injurious to Great Kapital or any Counterparty, orobjectionable in any manner whatsoever;(ix)download any file posted by the Counterparty that the Client should know,or reasonably should know, cannot be legally distributed in such manner;(x)violate the T&C or any applicable laws or regulations for the time beingin force;
(xi)decompose, modify, copy, distribute, transmit, display, perform, reproduce,publish, license, create derivative works from, transfer, or sell anyinformation or software obtained from the Platform.
Confidentiality
(a) The Client acknowledges and agrees that any information including names,assets, details, documents, transaction records, potential transactions,negotiations, pending negotiations, data, applications, software, systems,papers, statements, business information, marketing and financial information,databases, manuals, records and reports, articles, systems, material, sourcesof material, and any other data pertaining to Counterparties and Great Kapital,available to it through Platform ("Confidential Information") is of asensitive and confidential nature.(b) The Client undertakes to keep all Confidential Information confidential andshall ensure that none any of its employees, agents, representatives do anythingto breach the confidentiality. The Client undertakes to use all ConfidentialInformation with such care and discretion, but not less than reasonable care,to avoid disclosure, publication or dissemination of Confidential Informationas it uses with its own similar information that it does not wish to disclose,publish or disseminate.
(c)The Client may disclose Confidential Information only to:
(i)its employees, representatives, agents or contractors on a 'need to know'basis and only for the purposes of performance of its obligations under thetransaction/Services;
(ii)the extent required by any regulatory authority or governmental authorityunder applicable law; and
(iii)any other party with Great Kapital’s prior written consent.(d)The Client agrees:(i)to take all necessary action to protect theConfidential Information against misuse, sale, loss, destruction, deletion and/oralteration;
(ii)use the Confidential Information in connection with the Services/transactionfor which the Confidential Information is obtained; and(iii)not to misuse or permit misuse directly or indirectly, commerciallyexploit the Confidential Information of the other Party for economic or otherbenefit.
Limitationof Liability
(a) Great Kapital, its, employees, agents, and associates, will not be liablewith respect to any subject matter relating to the T&C under any contractortorts, or on account of negligence, strict liability or other legal orequitable rights for:(i) anyspecial or consequential damages;(ii) forinterruption of use; (iii) lossor corruption of data.
(b) Great Kapital shall not be liable or responsible for:(i)any faulty operation of system during accessing of Platform or during thetransmission/transfer of any data/information;(ii)any damage that occurs due to any information provided by the Client butnot being received by Great Kapital or any Counterparty or not being receivedpromptly or appropriately, as a consequence of technical faults with thePlatform (whether or not in Great Kapital's control);(iii)any Confidential Information of the Client being used in any mannercontrary to Clauses 6(c) and 6(d) by any Counterparty;(iv)any loss or damage caused due any bugs, viruses, worms, malwares, spywareor any similar program that may infect the Client's computer, software, data orany other property caused by accessing or using the Platform or availing anyServices, or from any emails, communication or attachment received from GreatKapital Platform;
(v)any failure to perform, or delay in performance of, any of obligations orServices by Great Kapital or any Counterparty due events outside Great Kapital’sreasonable control;
(vi)any breach of the T&C by any Counterparty; (c)Great Kapital is notresponsible for any indirect losses including, without limitation, loss ofincome, business, profits, data or any injury to reputation, howsoever arising.(d)Great Kapital is not responsible for any liability for any loss, costs ordamage arising out of or in connection with the use of the Platform or theinability to use it or for any delay or failure in the performance of theServices on account of the Counterparty or due to any Force Majeure Event orany other circumstances beyond the control of Great Kapital.(e)The Client acknowledges that Great Kapital aims to facilitate seamless dataand transaction processing and that Great Kapital is not responsible for anyfailure of the Platform to store, transfer or delete data or for the corruptionor loss of any data, information or content contained therein.(f)The liability of Great Kapital towards a Client shall in any event notexceed INR 1000.
Transferof Rights
(a)The T&C are binding on the Client, its successors and permitted assigns.It may not transfer, assign, charge or otherwise dispose of any of its rights,benefits, liabilities or obligations, under the T&C without the priorwritten consent of the Great Kapital.(b)However, Great Kapital may transfer, assign, sub-contract or otherwisedispose of any of its rights, benefits, liabilities or obligations under the T&Cat any time or ay involve or appoint any third party to satisfy its obligations,without any necessity to notify the Client.
Securityof Data
(a)All facilities used to store data and process the transaction will adhere toreasonable security standards, which will be at par with Great Kapital’ssecurity standards for processing and storing its own information of a similarnature. Great Kapital has implemented industry standard systems and proceduresto ensure the security and confidentiality of a transaction and related data,protect the Client against anticipated threats or breaches to the security orintegrity of a transaction and related data, and protect the Client againstunauthorized access to its data.(b)The Client further acknowledges and agrees that it has granted Great Kapitalthe permission as well as the non-exclusive right to store and transfer itsdata, as part of the Services.(c)Great Kapital does not claim any ownership, intellectual property rights orother rights whatsoever outside the scope of what is necessary to provide theServices.
(d)Great Kapital reserves the right to perform statistical analysis of theactivity on Platform in order to measure interests in the various sections ofthe Platform for the purpose of product and Service development. Any non-personalinformation such as internet domain, host names, IP addresses, clickstreampatterns, and the dates and times on which Platform is accessed maybe recordedfor the purpose of analysis. The analytical data collected is for internal useonly.
IntellectualProperty
(a)The Platform and the arrangement and processes thereof, including, but notlimited to, all text, graphics, user interfaces, visual interfaces, and thecomputer code is owned by Great Kapital, and the design, structure, andarrangement of thereof is protected by copyright, patent and trademark laws,and all other applicable intellectual property laws and the Client shall notuse the aforesaid without the prior written consent of Great Kapital.(b)The trademarks, logos and marks displayed on the Platform are the propertyof Great Kapital, or the property of the Client(s) or of the Counterparty(ies),asthe case may be. The Client shall not use any trademarks, logos and marks notbelonging to it, without the prior consent of Great Kapital or the Counterparty,as the case may be.
(c)In the event the Client infringes or attempts to infringe the copyrights orother intellectual property rights of Great Kapital, Great Kapital may, in itssole discretion, deny the Client access to and use of the Platform.
Communicationwith Counterparties(a)Great Kapital does not control, and isnot responsible for any information, data, documents etc. appearing on thePlatform or for any communication between the Client and the Counterpartiesinter se, including, without limitation, e-mails sent.(b)The Client acknowledges that any communication received from Platform,including, without limitation, emails are automated communications and GreatKapital is not responsible the inaccuracy etc. of the content thereof.(c)Great Kapital does not endorse, guarantee, or assume any responsibility forany Services offered to the Client, and Great Kapital will not be a party to,or in any way be responsible or liable for any transaction between the Clientand the Counterparties on or through the Platform
Taxes
(a)The Client shall be responsible for identifying and paying all taxes, duties,cess and other fees and charges (and any penalties, interest, and otheradditions thereto) that are payable by the Client with respect to thetransactions through the Platform.(b)Great Kapital will not be liable to pay, any taxes which are payable by theClient to any governmental authority for any such transaction.
Modificationof T&C
(a)The Client acknowledges and agrees that Great Kapital has the right torevise, modify, amend or discontinue any of the T&C from time to timeincluding without limitation to reflect, inter alia, changes in marketconditions, technology, requirements, laws etc. and Great Kapital shall not beobligated to obtain any approval/consent on the revised T&C.(b)The Client is deemed to be aware of the latest T&C and the use ofPlatform and the availing of the Services is subject to the most CurrentVersionof the T&C available on the Platform at the time of such use. The use ofPlatform and Services subsequent to any modification in the T&C willconstitute the Client's acceptance of the modification.
TemporarySuspension and Termination
(a) Great Kapital does not guarantee uninterrupted access to the Platform. Theaccess to Platform or the Services may be disrupted: (i) on the occurrenceof Force Majeure Event;(ii) for the purposes of repair, maintenance, upgradingor for other similar activities Great Kapital undertakes to take all reasonablemeasures to minimize any such periods during which the Platform and theServices are unavailable and shall put best effort in resuming the Services andthe Platform.
(b) Great Kapital shall not be responsible or liable for any losses or damagessuffered due to any of the events specified in sub-Clause (a) above due to thesuspension of Services or due to the inability to cure such events.(c) In the event of a system failure due to any unforeseeable circumstances ordisruption, the access to Platform and Services may be temporarily suspendedand no information may be accepted during such suspension.(d) Great Kapital has the right to temporarily or permanently disable theClient’s account when, in Great Kapital's opinion, without any cause or notice.On such breach, Great Kapital may also block access to the Client's accountant/orprocure that any outstanding transactions are cancelled/suspended immediately.(e) Great Kapital reserves the right to restrict or suspend access to thePlatform or terminate the Platform completely, at its sole discretion.(f) All provisions of the T&C, which by their nature should survivetermination, shall survive termination, including, without limitation,ownership, warranty, limitations of liability, confidentiality, disclaimers,indemnity.
Warranties
The Platform is provided on "as is" and "as available “basis.Great Kapital hereby disclaims all warranties of any kind, express or implied,including without limitation, the warranties of merchantability, satisfactoryquality, fitness for a particular purpose, non-infringement, availability,accuracy, completeness, security or reliability of the Services and/or any datauploaded, used or transmitted on or through the Platform. The Client uses thedata and/or the Services through the Platform at its own discretion and riskand Great Kapital is not responsible for the accuracy, usefulness, safety, orintellectual property rights of or relating to such data and the Client assumesall liability for its use.
The information contained in the Platform is provided on "as is" and“as available" basis. The accuracy of the information is soleresponsibility of the Issuer and the Platform and Great Kapital are not in anymanner whatsoever liable for the accuracy of the information contained in thePlatform. The application and impact of laws can vary widely based on thespecific facts involved. Given the changing nature of laws, rules andregulations, and the inherent hazards of electronic communication, there may bedelays, omissions or inaccuracies in information contained in this Platform.Accordingly, the information in this Platform is provided with theunderstanding that Great Kapital is not herein engaged in rendering legal,accounting, tax, credit/investment or other professional advice and services.As such, it should not be used as a substitute for consultation withprofessional accounting, tax, legal, credit/investment or other competentadvisers and the Investor is sole responsible for all investment decisions.Great Kapital will not be liable for any interactions between the Client andthe Counterparties on the Platform or in connection with the Services. Theseinteractions are solely between the Client and the Counterparties and GreatKapital merely provides a common platform to facilitate such transactions. GreatKapital is not responsible or liable for any loss or damage of any sortincurred as the result of any such dealings or interactions.Great Kapital is not obligated to be involved in or facilitate the resolutionof any dispute between the Client and the Counterparties on the Platform, theClient hereby releases Great Kapital, its employees, agents, and associatesfrom any claims, demands and damages, arising out of or in any way related tosuch disputes. Without prejudice to the above, the Client hereby waives anylegal or equitable rights or remedies that it may possess against Great Kapitalin relation to the dispute.
Indemnification
The Client hereby agrees to indemnify and hold harmless Great Kapital(includingits directors, employees, representatives and agents) from time to time,against any and all losses, liabilities, obligations, damages, judgments, costs,expenses (including, without limitation, advisors' fees), claims, fines,penalties, proceedings, actions or demands, of any kind or nature incurred by GreatKapital as a result of the Client's use of the Platform or the Services,including but not limited to the violation of the T&C.
Governinglaw and JurisdictionThe T&C are governed and construed in accordance with the laws of India andthe Client hereby submits themselves to the exclusive jurisdiction of courtsand tribunals at Bangalore, India. The Client irrevocably waives any objectionit may have now or in the future to the choice of courts and tribunal ofBangalore, India as an inconvenient forum.
Severability
Every provision contained in the T&C shall be severable and distinct fromevery other provision and if at any time any one or more of such provisions isor becomes invalid illegal or unenforceable, the validity, legality andenforceability of the remaining provisions hereof shall not be in any wayaffected or impaired thereby.
Waiver
(a)Neither the failure to exercise nor any delay in exercising any right, power,privilege or remedy under the T&C shall in any way impair or affect theexercise thereof or operate as a waiver thereof in whole or in part.(b)Nosingle or partial exercise of any right, power, or privilege under the T&Cshall prevent any further or other exercise thereof or the exercise of anyother right, power, privilege or remedy.
Miscellaneous
(a)By accessing the Platform, you hereby agree to receive communicationregarding Your registration on the Platform or Platform Services (including butnot limited to any promotional, transactional messages) through Email and/orSMS and/ or any other electronic medium, third party channels or WhatsApp from GreatKapital.
(b)When you browse the Great Kapital website, we use cookies and/or pixel tagsto collect information and store your online preferences. Cookies are widelyused and most browsers are set up to accept them automatically. If you wouldprefer, you can choose to not accept cookies. It is important to note thatcookies and pixel tags do not capture any information that can personallyidentify you. Based on your interaction with the Great Kapital website, we maycommunicate with you on third party channels including but not limited to forthe purpose of promotion, marketing our wide range of products. Suchcommunication may contain cookies that allow monitoring of websites (includingour own websites that are part of our own Services) and your response to ourcommunications. Cookies placed by these channels do not collect PersonalInformation. If you would prefer not to accept cookies, you can:(i) Change your browser settings to notify you when you receive a cookie, whichlets you choose whether or not to accept it(ii) Set your browser to automatically not accept any cookies.
