Thank you for using BLOSTEM FinTech Private Limited’s (hereinafter referred to as “BLOSTEM”) platform (hereinafter referred to as the “Platform”) through BLOSTEM FinTech’s mobile application (hereinafter referred to as the “App”). This Platform Terms of Service (hereinafter referred to as the “Agreement” or “Terms of Service”) is a legally binding agreement between you (hereinafter referred to as the “you”, “your”, User(s)”, “Customer(s)” or “Investor(s)”) and BLOSTEM FinTech, and/or its subsidiaries and affiliates (together referred to as “we”, “us” or “our(s)”).
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at [email protected]
PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
You represent and warrant to us that you will use the Platform in a manner consistent with all Applicable Laws. We reserve the right to refuse access to use the Platform or to terminate access granted to existing Users at any time without according any reasons for doing so.
BLOSTEM FinTech provides a Platform through its App, where Users can obtain financial advice, create financial goals, tag brands, earn reward points and purchase products offered by the brand partners and reward partners (collectively, the “Partners”) along with providing financial planning and monitoring tools to the Users, and allowing aggregation of financial and non-financial products (“Services”).
Subject to your compliance with the terms of this Agreement, BLOSTEM FinTech grants you a personal, limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use the Platform and content made available in or otherwise accessible through the Platform strictly in accordance with this Agreement.
You agree that you shall not claim any ownership in or rights to the BLOSTEM FinTech including the data or content originated by the BLOSTEM FinTech. Other than the License to access BLOSTEM FinTech platform and content made available, you shall not have any right, title or interest in BLOSTEM FinTech.
When accessing the Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your hardware, hardware compatibility and internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.
The Platform acts as a medium connecting Users, Partners, and service providers. Other than as expressly set out in these Terms, we do not make any specific promises about the Services. We don’t make any commitments about the content within the Services, the specific functions of the Services, or their availability to you at all times.
You agree that the Platform including the graphics, our trademarks and editorial content contains proprietary content, information, and material, which are owned by BLOSTEM FinTech and/or our licensors, including our customers, brands and agencies and Partners, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of the Platform or in any manner that is inconsistent with the terms contained in this Agreement.
You acknowledge and agree that the Platform is provided for your use. Except to the extent necessary to access and use the Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to the App and the Platform whether expressly, by implication, by estoppel, or otherwise. BLOSTEM FinTech, its licensors, Partners, and service providers reserve and will retain their entire right, title, and interest in and to the content on the Platform including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
To be eligible to use the Platform, you must meet the following criteria and represent and warrant that you:
are not our competitor, or are not using the Platform for reasons that are in competition with us;
will only maintain one registered account at any given time;
have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and
agree to provide at your cost all equipment, browser software, and internet access necessary to use the Platform.
You will be responsible for maintaining the confidentiality of your account information. You also agree to keep your login credentials safe and confidential at all times. You further agree to promptly change your login credentials and contact us at [email protected] immediately in case of any actual or suspected unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply from this Section.
The User agrees not to use or disclose the information provided under the Service to any third party including any discussion forums or for any unauthorized illegal purpose. The User also agrees to use the information provided under the Service strictly for personal purpose.
Notwithstanding the above, BLOSTEM FinTech shall be entitled to disclose any Confidential Information pertaining to you to any authority, statutory or otherwise as may be required by law.
You expressly understand and agree that BLOSTEM FinTech, its subsidiaries and/or affiliates and its officers, directors, consultants, agents, employees, or vendors shall not be liable to you, or any third party for:
Any direct, indirect, consequential, exemplary, punitive or incidental loss or damages which may be incurred by you, however caused. This shall inter alia include any loss of profit, any loss of goodwill or business reputation, any loss of data suffered or other intangible losses; and
Any loss or damage incurred by you including but not limited to (i) any loss or damage as a result of any changes which the BLOSTEM FinTech may make to the Services or any permanent or temporary cessation in the provision of the Services or of any features within the Services, or (ii) the deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the Services.
The limitations on the BLOSTEM FinTech’s liability to you, as set out below shall apply, whether or not such loss or damages were foreseeable and whether or not the BLOSTEM FinTech has been advised of or should have been aware of the possibility of any such losses or damages.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
In consideration of the grant of license and provision of the services of BLOSTEM FinTech, you may be required to pay a mutually decided subscription fee. BLOSTEM FinTech reserves all rights to terminate the subscription or access to the platform in case of non-payment of fee.
In order to make payments online, you undertake to use a valid payment card, to have sufficient funds or credit available to complete the payment. You will be solely responsible for the security and confidentiality of your payment card details. By providing payment card information, you represent, warrant and covenant that you are legally authorized to provide such information and perform payments from the payment card account.
You acknowledge and agree that, in no event will we be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use the App and the Platform, including, without limitation, any information made available through the Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times (1x) the aggregate of payments received under this Agreement. To the extent that we may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under applicable law.
The Platform and the services may, at any time, be suspended / disallowed /modified for such reason and for such time period as deem fit like inactive / dormant user id, noncompliance of the terms stated herein, death, insolvency, bankruptcy of the investor, any other cause arising out of the operation of law or such other reason as deems proper.
You may terminate this binding legal Agreement with BLOSTEM FinTech at any time by providing fifteen (15) days’ prior written notice or deactivating your user id and password, with a possible termination charge.
In the event of termination of this Agreement, no portion of the Investment Advisory Fee or any other fee made to BLOSTEM FinTech shall be owed or be repayable to the User.
If you believe that any content on the Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated agent:
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by BLOSTEM FinTech in connection with the written notification and allegation of copyright infringement.
This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer the App and the Platform in violation of any laws or this Agreement.
BLOSTEM FinTech reserves the right, at our sole discretion, to change or modify this Agreement at any time. In the event, BLOSTEM FinTech modifies the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. BLOSTEM FinTech will inform you about the modifications via email or on the App or the Platform by posting a modified version of this page, or by a comparable means within a reasonable time period. Your continued use of the App and/or the Platform shall constitute your consent to such changes.
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contractors. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind BLOSTEM FinTech to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of BLOSTEM FinTech.
This Agreement shall be governed by the law of the republic of India, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the courts located in New – Delhi, India.