These terms and conditions of use ("Terms and Conditions”) between BETTERINVEST FINADVISORS PRIVATE LIMITED, a private company limited by shares incorporated under the Act, having CIN No. U70103TN2020PTC136259 with its registered office at New No. 111, Old No. 141, Awfis Building, Rajiv Gandhi Salai, Old Mahabalipuram Road, Kandanchavadi Chennai – 600096, Tamilnadu, India (hereinafter referred to as the “BETTERINVEST”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and permitted assigns) and users registering themselves on www.betterinvest.club (“Platform/Website”).
The terms “you” and “you” refer to the user of the Platform.
The terms “us” and “our” refer to BETTERINVEST.
Our services and these Terms and Conditions are compliant with the Indian Penal Code, 1860, and the Information Technology Act, 2000, including all amendments made to it and rules framed thereunder. When you use our Platform, you accept to these Terms and Conditions. By accepting to our Terms and Conditions(implied/express) , you also agree to be bound by all the policies of BETTERINVEST , including but not limited to the Privacy Policy of BETTERINVEST as in force.
In the event you do not agree to the present Terms and Conditions, you agree and acknowledge that discontinuation of the usage of the Platform from your end is the sole available remedy available to you. Your acceptance of the present Terms and Conditions make you eligible to access our Platform/Website. In the event of any breach of the following Terms and Conditions and the other policies of BETTERINVEST, which you have agreed to by virtue of accepting the present Terms and Conditions, your access to the Platform shall be terminated and revoked without Notice.
You acknowledge that you have read the present Terms and Conditions as well as our Privacy Policy.
By submitting our webform, you agree to receive promotional calls on the number shared and would be coming from a third-party platform.
General
The Platform/Website is a platform which facilitates Users and is engaged in the business of promotion of financial products and making alternate class investments accessible to its Users.(“Services”)
The use of the Platform and its Services deem your acceptance of the present Terms and Conditions and other policies of BETTERINVEST that shall be updated from time to time at the time of you accessing the Services.
You agree that we may amend these Terms and Conditions at any time by posting the amended terms on the Platform and that it is your responsibility to review the amended terms.
Your continued use of the Platform following the revised Terms and Conditions means that you accept and agree to the amendments.
Upon registering with our Platform, in the event you wish to use any of the Service, you may additionally be required to enter into an agreement specific to the Service so opted by you. In such an event, these terms and conditions are to be read as part and parcel of the said agreements (“Additional Agreements”).
You agree that BETTERINVEST is merely a facilitator who facilitates its users with alternate investment requirements. By no means can it be construed , that BETTERINVEST or its Platform is engaged in the business of credit guarantee/credit enhancement, money lending, loaning.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform.
You can use our Services by creating an account on the Platform (“Account”).
While creating an Account, you will be required to provide certain information(“User Information”) such as: 1. Name : 2. User Name: 3. Email ID : 4. Pan No : 5. Aadhar No:
At the time of creation of the Account, you will be required to provide other additional information apart from the aforementioned. You herein consent to provide the same to the Platform.
Any individual, company including a body corporate, LLP (limited liability partnership), partnership firm, HUF (Hindu Undivided Family), trust who is capable/competent to form a binding contract under the laws of India can register on the Website. The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Platform or by BETTERINVEST for any reason whatsoever.
You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Platform or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You agree and acknowledge that , at all time, the information provided by you with respect to your Account is true and correct.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Content
The Platform/Website is a platform which facilitates Users and is engaged in the business of promotion of financial products and making alternate class investments accessible to its Users.(“Content”)
The Platform grants you a limited, non-exclusive, non-transferable license to access and view the content solely for your personal and non-commercial purposes through the Services, in accordance with these Terms and any Addition Agreement. All other uses are expressly prohibited.
You may not copy, reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Content unless we give you explicit permission to do so in writing.
No Offer or Reliance
The Content on the Website/Platform with respect to the Services of the Website/Platform have been made available for the sole purpose of displaying information about the Service. The information with respect to a Service is summarised for the sole purpose of ensuring that you can easily understand the Platform’s Services. Under no circumstances should it be construed that the information displayed on the Platform be used or considered as an offer to sell or the invitation or solicitation of an offer to buy any product or service offered by the Platform. No such offer or invitation or solicitation will be made prior to the delivery of Additional Agreements relating to the specific Service Further, BETTERINVEST does not give or offer any business advice, investment advice, tax or legal advice to anyone using this Website/Platform, accordingly, potential Users are advised to consult with their tax, legal and financial advisors with respect to any of their use of the Services.
User Generated Content
You may be given the opportunity to post content, comments, questions, reviews on our listings(“User Content”). To the extent that you provide User Content, you grant BETTERINVEST a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights BETTERINVEST may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
Payments
The registration on our Platform/Website is free for all Users.
The Users shall be charged solely for the Services opted by them as governed by the Additional Agreements.
The pricing of each Service differs from Service to Service.
All prices are inclusive of the applicable taxes and levies.
Specific details of the pricing with respect to the Services offered by the Platform shall be governed by the Additional Agreements.
The Platform is an alternate investment facilitation platform and as such refunds/ cancellations are not applicable with respect to the Services. However, each Service offered by the Platform is different in nature and the refund mechanism differs according to the Additional Agreements.
Restrictions on Use of Platform
Your use of our Platform and Services is solely for your personal and non-commercial use. Any use of the Platform and/or Services other than for personal purposes is prohibited. Your personal and non-commercial use of this Platform or our Services shall be subjected to the following restrictions: 1. You may not decompile, reverse engineer, or disassemble the contents of the Platform or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform and/or our Website/Application and/or Services, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platform 2. You will not use this Platform for commercial purposes of any kind, nor advertise or sell the Platform nor solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, nor use the Platform in any way that is unlawful, or harms BETTERINVEST or any other person or entity as determined by BETTERINVEST.
You shall not be permitted to perform any of the following prohibited activities while availing our Services or using our Platform:
Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Alter or modify any part of the Services or Content.
Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Interfering with any other person's use or enjoyment of the Platform
Making, transmitting or storing electronic copies of materials and/or content protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Platform, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent.
Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites.
Access or use the Platform in any manner that could damage, disable, overburden or impair any of the Platform's servers or the networks connected to any of the servers on which the Application/Website is hosted.
Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Platform, violate any requirements, procedures, policies or regulations of networks connected to the Platform or engage in any activity prohibited by these Terms.
Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Platform, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Platform.
Use the Services for purposes that are not permitted by these Terms and/or any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
Intellectual Property
The Platform and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of BETTERINVEST and its licensors. The Platform is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of BETTERINVEST.
The trademarks. Logos and service marks displayed on the Platform are the property of BETTERINVEST. You shall not use these properties in any manner whatsoever.
Grievance Redressal
BETTERINVEST has a Grievance Officer to address your concerns regarding data safety, privacy, and other Platform usage concerns. You may contact E.R. Sedhumanikandan, Grievance Officer at any of the following: Address: New No.111, Old No.141, Awfis Building, Rajiv Gandhi Salai, Old Mahabalipuram Road, Kandanchavadi, Chennai TN 600096, India. Email: sethu@betterinvest.club
Disclaimer
The Platform is not a stock exchange and does not intend to get recognized as a stock exchange under the Securities Contract (Regulation) Act, 1956 by the Securities Exchange Board of India (“SEBI”) nor authorized by the SEBI to solicit investments. The securities/investment opportunities facilitated by the Platform to the Users of the Platform are not traded on any stock exchange recognised by SEBI.
All the transactions facilitated on the website are in compliance of applicable laws including: Companies Act, 2013 and Rules framed thereunder, particularly Section 42 thereof;Foreign Exchange Management Act, 199 and Rules, Regulations, Directions, Circulars framed/issued thereunder;Reserve Bank of India Act, 1934 and Directions, Circulars framed/issued thereunder;Securities Contract (Regulation) Act, 1956 and Rules, Regulations framed/issued thereunder; andSecurity Exchange Board of India, 1992 and Rules, Regulations, Directions etc. framed thereunder.
These Services are provided by BETTERINVEST an “as is” and “as available” basis. BETTERINVEST makes no representations or warranties of any kind, express or implied, as to the operation of their Services, or the information, content or materials included therein. You expressly agree that your use of these Services obtained from us is at your sole risk.
Neither BETTERINVEST nor any person associated with BETTERINVEST/Platform makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither BETTERINVEST nor anyone associated with BETTERINVEST/Platform represents or warrants that the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
BETTERINVEST hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Though BETTERINVEST endeavors to undertake the due diligence of the registered users on the website, however, BETTERINVEST in no manner warrants and guarantees that all the information that have been provided on this website is true and correct. All the details of the Users on this website and their financial status, included in or available through this site are provided for use without warranties of any kind, either express or implied.
Indemnification
You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of:
Your access to or use of the Platform and Services
Any breach by you of your obligations under this Agreement
Your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right
Any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation
Your negligence or wilful misconduct
This obligation will survive the termination of our Terms and Conditions
Limitation of Liability
We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guaranty due to the actions of any User of the Platform.
The Platform and Services, are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms and Conditions by another user or arising out of the use of or the reliance on any of the Services or the Platform.
In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.
Termination and Suspension
We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms and Conditions.
If you wish to terminate your account, you may simply discontinue using our Platform. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, indemnity and limitations of liability.
Miscellaneous
Notices All notices served by BETTERINVEST shall be provided via email to Your account or as a general notification on the Platform. Any notice to be provided to should be sent to support@betterinvest.club.
Severability If any provision of the Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Waiver No waiver by the User of any term or condition set forth in Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BETTERINVEST to assert a right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision.
Relief In the event You breach any of these Terms, You agree that BETTERINVEST will be irreparably harmed and may not have an adequate remedy in money or damages. BETTERINVEST therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. BETTERINVEST's right to obtain such relief shall not limit its right to obtain other remedies.
Governing Law and Disputes These Terms and Conditions shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without reference to conflict of Law Principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the Courts at Chennai, Tamil Nadu, India.
