Terms and Conditions

This Agreement sets forth the terms and conditions that apply to the access and use of the Website www.kapwise.com (the "Website"), which is owned and operated by KAPWISE TECHNOLOGIES PRIVATE LIMITED, (hereinafter referred to as "Kapwise"), a company incorporated under the laws of India and registered under the Companies Act, 2013. By accessing the Website or registering an account on the Website, the users (hereinafter referred to as "you") agree to be bound by the terms and conditions of these Terms and Conditions of Use, Legal Disclaimer, the Privacy Policy and Data Security as posted on the Website. Wherever the term “You” is used, it shall include any person whether natural or legal/juristic, including but not limited to any company, incorporation, association, partnership, proprietorship or group of individuals. Request you to read these terms and conditions carefully before accepting the same. Your acceptance of the terms and conditions contained herein constitutes the agreement between you and the Kapwise for all the terms and conditions of use and the purpose as defined hereunder.

TERMS AND CONDITIONS

I. INTRODUCTION
The Terms of Use ("Agreement") sets forth the terms and conditions ("Terms") that will apply to your access and use of the website located at www.kapwise.com ("Website"), which is owned and operated by KAPWISE TECHNOLOGIES PRIVATE LIMITED ("Kapwise"), a company incorporated under the laws of India and registered under the Companies Act, 2013. By registering for the Services (as defined later), you agree to be bound by the Terms of this Agreement and the Legal Disclaimer and Privacy Policy and Data Security available on the Website and as may amended from time to time. The Kapwise reserves the right to make changes to the Terms and Conditions of Use at any time. Your continued use of the Website and/or Services shall mean your deemed acceptance of the modified Terms.

II. ACCEPTANCE OF TERMS
This Agreement describes the Terms governing the usage of the Services provided to you on the Website. Clicking "I Agree" to the "Terms & Conditions" on the registration page, after you have read all the Terms and Conditions of the Agreement, shall be considered as your acceptance of this Agreement. Your continued usage of the services from time to time would also constitute acceptance of the Terms and Conditions including any updation or modification thereof and you would be bound by this Agreement until this Agreement is terminated as per provisions defined herein.
Your electronic consent, accepting these Terms and Conditions, represents that you have the capacity to be bound by it. If you choose not to accept these Terms and Conditions, you will not be entitled to use the services. However, the Kapwise has the option to reject your registration to this Website without assigning any reasons whatsoever.
The Kapwise reserves the right at its sole discretion to make changes to these terms, for such reason as it deems fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services, company re-organisation, market practice or customer requirements. Upon any change, the Kapwise will notify the updated terms and conditions on the Website or by other means. Your continued use of the Services constitutes acceptance of the changes and an agreement to be bound by the terms and conditions as amended. If you do not agree to the changes in the said terms and conditions, you should discontinue your use of the services.
You can review the most current version of the Terms and conditions at any time by clicking the Terms & Conditions link on the login page of the Website.
You agree and authorise the Kapwise to share your information with its affiliates and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar services to provide you with various value-added services, to aid you in managing your finances. You agree to receive emails from the Kapwise or its third-party vendors regarding the services updates, information/ and/transaction details or product announcements. Please also read the Privacy Policy and Data Security for more information and details. Please refer to our Privacy Policy and Data Security at https://www.kapwise.com

III. YOUR REGISTRATION
Upon successful registration to the services, your account will be activated. You agree and understand that you are solely responsible for maintaining the confidentiality of your password, One-Time Password (OTP) which, together with your Login ID, allow you to access the service. That Login ID password and together with any mobile number or other contact information you provide form your "Registration Information".
By providing us with your email address and mobile number, you agree to receive all required notices and information electronically to that email address or mobile number. It is your responsibility to update any changes to your email address and mobile number. Notices will be system generated in the text of the email or through a link to the appropriate page on the Website, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your registration Information, you agree to notify the Kapwise immediately at the customer service helpdesk, the details of which are available on the Website. The Kapwise shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to the Kapwise.

IV. ACCURATE REGISTRATION INFORMATION
You shall provide true, accurate, current and complete information about yourself and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services by the Kapwise. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the website or use of the services.
Any misrepresentation in providing the Registration Information or shall render the Services void ab initio, but without any recourse to the Kapwise. The Kapwise shall not be held responsible for any reason whatsoever if the Registration Information is incorrect at any point in time.

V. ALERTS/ONLINE INFORMATION
The Kapwise may send automatic alerts and voluntary account-related alerts from time to time. Certain voluntary account alerts may be turned on by default as part of the Services. You may customize, deactivate or reactivate these voluntary alerts based on your individual preferences and options available. The Kapwise may add new alerts (automatic/voluntary/compulsory) from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available and you may be asked to select from among these options on activation of your alerts service.
The alerts will be sent to you electronically on your email address and/or mobile number as per your most recent Registration Information available with the Kapwise. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
You hereby agree and consent to receive all transactional alerts on the mobile number provided even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize the Kapwise to share/disclose the information to any third-party service provider or any affiliates, group companies, their authorized agents or third-party service providers. However, sending of Short Messaging Service (SMS) alerts are subject to TRAI regulations and also to your telecom service provider, as may be applicable from time to time.
The Kapwise cannot be held responsible for non-delivery or delay in delivery of SMS alerts to your mobile number. You agree and understand that alerts are not encrypted. Alerts may include some of your personal and sensitive information. Anyone with access to your email/mobile will be able to view the content of these alerts; therefore, you should take proper care to prevent any unauthorized access to the said alerts to protect your own interests. While the Kapwise would endeavor to provide alerts under the Services in a timely and accurate manner, you understand and agree that any such alerts may be delayed or prevented by a variety of factors. You agree that the Kapwise shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party, on the reliance of an alert. Further, the delivery of alert messages is subject to compliance of any local laws or guidelines, as may be enforced from time to time and you agree to abide by such compliance requirement, as and when notified by governing authorities.

VI. PRIVACY AND YOUR PERSONAL INFORMATION The Registration Information and such other information provided by you to the Kapwise under this Agreement shall at all times be governed by the Kapwise's data protection practices as per its Privacy Policy available on the Website https://www.kapwise.com.
This Privacy Policy and Data Security explains how the Kapwise treats your personal information when you access the Website and use the Services.
You agree and authorize the Kapwise to share your information with its group companies, associate companies, third-party service providers so far as required for joint marketing purposes/offering various services/report generation and/or to similar services to provide you with various value-added services. The Privacy Policy may be updated from time to time at the Kapwise's sole discretion and/or as per legal requirement. Changes will be effective upon posting of the revised Privacy Policy on the Website. The Kapwise may transfer sensitive personal data or information to another Indian or overseas body corporate if it is necessary for the performance of Services, and you hereby consent to such data transfer.
You agree and understand that all Account Credentials of other Financial Institutions provided by you for your use/consolidated view are encrypted and stored by our Third-Party Service Provider.

VII. THIRD-PARTY SERVICE PROVIDERS
The Services on the Website are enabled through various third-party service providers. The KAPWISE reserves its right, in its sole discretion, to replace/appoint/re-appoint any or all third-party service providers to ensure uninterrupted provision of Services.

VIII. THIRD-PARTY LINKS/OFFERS
Certain parts of the Services could be supported by sponsored links from advertisers and display Kapwise offers ("Kapwise Offers") that may be custom matched to you based on information that’s stored in the Services, queries made through the Services, or any other information. You agree and understand that the Kapwise will always disclose such information when a particular Kapwise offer is sponsored.
In connection with Kapwise Offers, the Services may provide links to websites belonging to such advertisers and other third parties, which are beyond the control of Kapwise. The Kapwise does not endorse, warrant or guarantee the products or services available through the Kapwise Offers (or any other third-party products or services linked from our site), whether or not sponsored, and the Kapwise shall neither be construed as an agent or broker of such advertisers or third parties, nor otherwise be responsible for the activities or policies of their websites. The usage of such service, if any, shall be entirely on the basis of the terms and conditions between you and the service provider.
The Kapwise does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Website, are actually the terms that may be offered to you, if you pursue the offer, or that they are the best terms or lowest rates available in the market.

IX. ELIGIBILITY CRITERIA
You declare and confirm that you are a resident of India, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered herein.

X and XI.DEACTIVATION OF SERVICE(s) and TERMINATION OF AGREEMENT
You shall have an option to deactivate the Service(s) by following the administrative rules prescribed by the Kapwise from time to time. The deactivation request(s) would be processed and you shall receive deactivation intimation for your future records and reference. Deactivation of Services will automatically lead to the termination of this Agreement. Upon deactivation of Services, the Kapwise shall not be liable to refund the subscription fee, if any, paid either in whole or in part.
The Kapwise may, at any time, terminate this agreement with you immediately upon notice: If you have breached any provision of this agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement).
If the Kapwise, in its sole discretion, believes it is required to do so by law or regulatory authority.
If you are found to upload any objectionable content. If you have provided false and incorrect information as a part of your registration Information.

XII. INTELLECTUAL PROPERTY RIGHTS
The contents of the Website, including its "look and feel" (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are owned/licensed by/to the Kapwise and/or its Third-Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws. You acknowledge and agree that the Kapwise and/or its licensors or suppliers own all rights to this Website, the content displayed on the site and any intellectual or proprietary property and/or technology (in any form) made available to you as a part of or in conjunction with the Services.
You are only permitted to use any of the foregoing as expressly authorized by these Terms, and otherwise, by the Services. You may download or print a copy of the information provided on this Website for your personal, internal and non-commercial use only. You may not copy, re-print, reproduce (electronically or otherwise), distribute, or create derivative works from any content on the Website, in whole or in part, for any other purpose without our prior written consent. Further, you agree not to reverse engineer or reverse compile any technology associated with the Services, including but not limited to any software applications or Java applets associated with the Services Content, from the Website, in whole or in part.

XIII. LICENSE
You are granted a non-exclusive, non-transferable, limited license to access and use the Website, its services and the content available on the Website strictly for personal non-commercial use for the applicable fees (if any) subject to the terms and conditions contained herein, the Service Agreement and the Privacy Policy.
Unless otherwise agreed or permitted by Kapwise in writing and in advance, you are hereby prohibited from copying, reproducing, modifying, creating derivative works from or store, any Content, whether in whole or in part, contained on the Website. In absence of the said prior written permission, you are also prohibited from publishing, transmitting, distributing, displaying, performing, broadcasting or circulating any such Content for any purpose whatsoever.
Any unauthorized or non-sanctioned advertisement, promotional posts and material, junk mail, spam, chain letters, pyramid schemes or solicitation in any other form, for any purpose, on the Website is hereby expressly prohibited. You are also restricted from posting any inappropriate, offensive, hateful, pornographic, false, misleading, infringing, defamatory or libellous content targeting any person, gender or social or ethnic group or nationalities. You hereby undertake to not use the Website for any unlawful purpose whatsoever and to honour all reasonable requests by the Company or the Website to protect its proprietary rights and interests.

XIV. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE KAPWISE AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE KAPWISE AND ITS THIRD-PARTY SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICES, WHETHER THE RESULT OF ACTIONS BY KAPWISE, OR ANY THIRD PARTY.
THE KAPWISE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR OF THE SERVICES (WHETHER OR NOT SPONSORED BY THIRD-PARTY SERVICE PROVIDERS), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE KAPWISE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
CATEGORIZATION OF YOUR TRANSACTIONAL INFORMATION WITHIN THE SERVICES IS ESTIMATION PROVIDED FOR YOUR INFORMATION ONLY, AND THE KAPWISE DISCLAIMS ALL WARRANTIES OF ACCURACY FOR ANY USE, INCLUDING WITHOUT LIMITATION, TAX DEDUCTION. KAPWISE AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASEDOR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAPWISE OR ITS SERVICE PROVIDERS OR THROUGH OR FROM THE KAPWISE OR ITS SERVICE PROVIDERS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

XV. LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER THE KAPWISE NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, THIRD-PARTY DEVELOPERS, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE KAPWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,RESULTING FROM
(i) THE USE OR THE INABILITY TO USE THE SERVICES;
(ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE KAPWISE;
(iii) MISTAKE, INACCURACY OR ERROR IN THE CONTENT AVAILABLE ON WEBSITE;
(iv) INJURY OR DAMAGE WHETHER DIRECT OR INDIRECT, PERSONAL OR NOT, CAUSED TO ANY USER BECAUSE OF ACCESS OR USE OF THE WEBSITE OR ITS SERVICES;
(v) INTERRUPTION OR CESSATION OF TRANSMISSION OF ANY CONTENT OR INFORMATION CONTAINED ON THE WEBSITE WHETHER TO OR FROM THE WEBSITE;
(vi) ANY VIRUSES, BUGS OR DESTRUCTIVE PROGRAMS OR LINKS THAT MAY BE TRANSMITTED THROUGH THE WEBSITE BY ANY THIRD-PARTY;
(vii) OFFENSIVE, DEFAMATORY OR ILLEGAL CONDUCT OF ANY THIRD-PARTY ON THE WEBSITE;
(viii) RELATIONSHIP OR TRANSACTION BETWEEN ANY USER AND A THIRD-PARTY PROVIDER (AFFILIATES) INCLUDING BREACH OF TERMS OF SUCH TRANSACTION OR RELATIONSHIP.
(ix) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(x) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE;
(xi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR
(xii) ANY OTHER MATTER RELATING TO THE SERVICES.
NIETHER THE KAPWISE NOR ANY OF ITS AFFILIATES , DIRECTORS ,OFFICERS OR EMPLOYEES, WILL BE LIABLE OR HAVE ANY RESPONSIBILTY OF ANY KIND FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE THAT YOU MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE WEBSITE OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT. IN NO EVENT, WILL THE KAPWISE BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND.
THE KAPWISE SHALL NOT BE RESPONSIBLE FOR MEDIATING OR RESOLVING ANY DISPUTE BETWEEN ANY USER AND ANY THIRD-PARTY PROVIDER OR AFFILIATE.
PRESENCE OF ANY THIRD-PARTY PROVIDERS ON THE WEBSITE OR ANY DATABASE MAINTAINED BY THE WEBSITE ABOUT ANY THIRD-PARTY PROVIDERS, SHALL IN NO CASE BE CONSTRUED AS RECOMMENDATION, SOLICITATION OR ENDORSEMENT OF ANY SUCH THIRD-PARTY PROVIDERS. ANY INFORMATION ABOUT SUCH THIRD-PARTY PROVIDERS SHALL NOT BE TREATED AS DEVICE TO CONFIRM THEIR CREDIBILITY, QUALIFICATION OR ABILITIES.
IN ALL CASES, THE MAXIMUM LIABILITY, IF ANY, SHALL BE RESTRICTED TO THE EXTENT OF SUBSCRIPTION FEES, IF ANY PAID BY YOU, TO THE KAPWISE FOR USE OF SERVICES WHICH ARE OFFERED BY THE KAPWISE, UNDER NO CIRCUMSTANCES SHALL THE KAPWISE BE LIABLE FOR YOUR USING THE SERVICES OFFERED OR PROVIDED BY ANY THIRD-PARTY SERVICE PROVIDER.

XV. MISCELLANEOUS

Service Limitations

The Kapwise will try to make your experience with the Website a productive one. However, the Kapwise cannot always foresee or anticipate technical or other difficulties. The Services may contain errors, bugs, or other problems. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that, except as explicitly stated otherwise in these Terms, the Services is provided "AS IS", without warranties of any kind. The Kapwise does not assume responsibility for the timeliness, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. The Kapwise and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non-availability of the Website, and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. The Kapwise will not be responsible for any liability arising out of delay in providing any information on the Website.

Service Changes and Discontinuation

The Kapwise reserves the right to discontinue or suspend, temporarily or permanently, the Services, by giving 48 (forty-eight) hours' notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website or maintain the security and integrity of the Services. You agree that the Kapwise will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.

Password Protection

You shall not be entitled to avail of the Services without the use of a username and password. You are responsible for maintaining the confidentiality of your password and Account, and you shall not allow anyone else to use your password at any time. You are fully responsible for all activities that occur using your password or Account. Please notify the Kapwise immediately of any unauthorized use or access of your password or Account, or any other breach of security. The Kapwise will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

Customer Service Requests

If you request customer service assistance or report a problem with the Services, it may be necessary for the Kapwise to access your Investor Account and view your account information. Through the Customer Services, the Kapwise shall endeavour to provide assistance for usage of the Website and the modules available on the website www.Kapwise.com. The Service provided by the Customer Services of the Kapwise shall not be deemed to offer any advisory services to the Customers.
You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

Access and Interference

You agree that you will not:
a. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website, or any portion of the Website, without the Kapwise 's express written consent, which may be withheld at the Kapwise 's sole discretion.
b. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer).
c. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the Services.
d. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website or the Services.

Restrictions on commercial use or resale

Your right to use the services is person.therefore, you agree not to resell or make any commercial use of the services.

Rights you grant to the Kapwise as regards to the content you provide

Your usage of this Website provides an implied license to the Kapwise and its service providers, to use, modify, display, distribute any information, data, materials, or other content you provide to the Kapwise and that is retrieved from third-party sites at your request and new material created (collectively, "Content") for the purpose of providing the Services.
In addition, the Kapwise welcomes your feedback as a user of the Services. Any feedback you provide will become the confidential and proprietary information of the Kapwise, and you agree that the Kapwise may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to the Kapwise. The Kapwise shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback to the Kapwise or other Kapwise software or services.

Endorsements

All product and service marks contained on or associated with the Services that are not Kapwise marks, are the trademarks of their respective owners. The Kapwise would require you to respect the same. References to any such names, marks, products or services of third parties or hypertext links to third-party sites or information does not imply the Kapwise 's endorsement, sponsorship or recommendation of the third party, information, product or services.

Not an Investment Advisor, Planner, Broker or Tax Advisor

The services provided by the Kapwise are not intended to provide any legal, tax or financial or securities related advice. You agree and understand that the Kapwise is not and shall never be construed as a financial planner, financial intermediary, investment advisor broker or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and is broad and general in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation.
Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your advisor or other financial advisers who are fully aware of your individual circumstances. For more details, please also refer to the Legal Disclaimer provided on the Website.

Force Majeure

Under no circumstances shall the Kapwise and any of its Third-Party Service Providers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God,epidemic, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnification

You agree to protect and fully compensate the Kapwise , its affiliates, subsidiaries, licensors, suppliers and service providers, employees, officers and directors, third-party service providers and its affiliates, from any and all third-party claims, liability, damages, expenses and costs (including but not limited to reasonable attorney’s fees) caused by or arising from your use of the Services, your violation of the Terms or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone..

Third-Party Products and Services

YThe Kapwise reminds you to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website, users may visit or be directed to sites containing information or material that may be offensive or inappropriate to some people. The Kapwise makes no effort to review the content of these sites, nor is the Kapwise or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites.
In addition, the Kapwise does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that the Kapwise does not pre-screen content, but that the Kapwise will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the Services.

Assignment

You shall not assign your rights and obligations under this Agreement to any other party. The Kapwise may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.

Waiver and Severability

Failure to assert any of its rights or wilful ignorance of violation of any of its right by Kapwise, shall in no circumstances be construed as waiver of such right. In a case where the Kapwise waives off any of its rights, the waiver shall be restricted to that particular instance (case) and that particular right which is so waived off by the Kapwise and shall not affect any other rights arising out of the Terms of Use, Privacy Policy or the Service Agreement signed by the User when subscribing to any of the services offered by the Company or using the Website in any way for any purpose.
The provisions contained in these Terms of Use, Service Agreement and Privacy Policy shall be severable, and in case if any part or provision of the Terms of Use, Service Agreement or the Privacy Policy is adjudged to be invalid or unenforceable, you agree that the remaining part and provisions shall continue to be in force and effect, regardless of the part or provision so adjudged to be invalid or unenforceable. Any such provision or part may be amended or reformed by the Company whenever possible or desirable by the Company on its sole and exclusive discretion.

Exclusive Agreement

You agree that these Terms are the complete and exclusive statement of agreement between you and the Kapwise and supersede any proposal or prior agreement, oral or written, and any other communications between you and the Kapwise and its Third-Party Service Providers or processor bank/merchants relating to the subject matter of these Terms. These Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Kapwise and/or the processor bank.

GOVERNING LAW & JURISDICTION

This Agreement shall be entered into by the Parties, governed, interpreted, construed and enforced according to laws applicable within Hisar District of Haryana State, India, without giving effect to any choice of legal rules and principles. In case of any dispute between the Parties, the same shall be subjected to jurisdiction of appropriate courts within Hisar District of Haryana State. Users using, accessing, browsing through or entering into this Agreement in any way from jurisdictions other than India are solely responsible for compliance with the laws in force in Hisar, Haryana and with applicable local laws. The Users waive all defences of lack of jurisdiction or inconvenience of forum with respect to adjudication of any dispute that may arise out of their relationship with the KAPWISE.

DISPUTE RESOLUTION CLAUSE

It is agreed by the parties that any formation, interpretation, and performance of this policy and any dispute arising out of it will be resolved through two-step Alternative Dispute Resolution (ADR) mechanism. It is further agreed by the parties that this section i.e., resolution through ADR, will survive even after termination or expiry of the Terms of Use, Service Agreement or the Privacy Policy.
Mediation- In case a dispute arises between the parties, the parties will attempt to resolve the same amicably between them, through mutual understanding. If the parties are unable to reach a common ground within 30 days of one party communicating of existence of dispute to the other, the dispute will be resolved through arbitration.
Arbitration- The parties agree that when they are unable to resolve the dispute through Mediation, the said dispute will be resolved through arbitration. The parties further concur that the arbitration proceeding will be presided by a Sole Arbitrator, who would be appointed by the Kapwise on its sole and exclusive discretion. The language for arbitration would be English. The seat of arbitration would be Hisar, Haryana.

Terms of Communication

By providing your contact number to Kapwise.com you are authorizing the Kapwise, it's representatives & its business partners to give you a call or receive communications in all electronic forms to offer services for the product you have opted for and for imparting product knowledge along with promotional offers on our website and our business partners. All communications in electronic format will be considered to be in "writing". Irrespective of the fact that you have registered yourself under DND or DNC service, you are still authorizing the Kapwise, its representatives & its business partners to give you a call for the above-mentioned purposes till 30 days of leaving your contact number on our website. Based on your active opt-in you are open to receiving promotional offers from the Kapwise it's representatives & its business partners.
However, you have the option of revoking your consent or opting out from receiving any communications from the Kapwise its representatives & its business partners by clicking the link https://www.kapwise.com on the website.

Join Now