- NOUFAL CAPITAL ADVISORS (OPC) PRIVATE LIMITED, a private limited company incorporated under the Companies Act 2013, having corporate identification number U67110KL2021OPC072045 and having its registered office at Building No.223, Mavelipuram Seaport-Airport Road, Kakkanad, Kochi Ernakulam KL 682030 (hereinafter referred to as “the Company”) owns and operates this website noufalcapital.com (hereinafter referred to as “website“). Subject to the presents here, the Company may allow you (defined below) to use the website on “as-is-basis”.
- Usage of the website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the website. If You are a minor i.e. under the age of 18 years, You may use the website or access it only under the supervision and prior consent/ permission of a parent or legal guardian.
- We reserve the right to terminate Your access/account and / or refuse to provide You with access to the website if it is brought to Our notice or if it is discovered that You are under the age of 18 years and transacting on the website in violation of the terms herein.
By using or accessing the website, You agree that the Company may send You informational text (SMS)/ WhatsApp messages / email(s) or connect You through voice call as part of the normal business operation if you have given us your mobile number or email id by any means. You may opt- out of receiving text (SMS)/ WhatsApp messages / email(s) or from receiving voice calls from Company at any time by unsubscribing from the service by writing to us at firstname.lastname@example.org or our registered address indicating that You no longer wish to receive any messages or voice calls, along with the phone number of the mobile device receiving the messages or calls. You acknowledge that opting out of receiving any messages or voice calls may impact Your use of the website. The User hereby unconditionally consents that such communications via SMS, WhatsApp messages, voice call, email or any other mode by the Company are:
- upon the request and authorization of the User;
- ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (“TRAI”), and
- in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
The User will indemnify the Company against all types of losses and damages incurred by the Company due to any action taken by TRAI, access providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on the Company with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
ACCESS TO WEBSITE
- We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit but cannot guarantee the frequency and duration of any such suspension or restriction.
- When You use the website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Company periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise. Medium of communication: The medium of communication from Company shall be in English.
- The website is 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 that:
- The website or our services connected to the website will be uninterrupted, timely, secure or error-free; or
- The information on this website is complete, true, accurate or non-misleading; or
- The quality of any services, information, or other material obtained by You through the website will meet Your expectations, or that any errors in the website will be corrected.
- You acknowledge and undertake that You are accessing the website at Your own risk and are using Your best and prudent judgment before entering into any transactions/services based on any information available the website and we hereby expressly disclaim and any all responsibility and liability in that regard.
- We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the information provided through the website or otherwise. We accept no liability for any errors or omissions, whether on behalf of ourselves or third parties.
- Any action you choose to take based on the information provided on the website is totally your own responsibility. We will not be liable for any, direct or indirect, consequential or incidental damages or loss arising out of the use of this information. This information is neither an offer to sell nor solicitation to buy any of the services or advice mentioned herein or otherwise. You must seek independent professional advice before making any such decision.
- Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defence and control of any matter/dispute for which You are required to indemnify an Indemnitee, and You agree to cooperate, at Your expense, with Our defence of such claims/disputes. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification provision upon becoming aware of it.
LIMITATION OF LIABILITY / NO LIABILTY
- We shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any action taken by Us.
- We assume no liability or responsibility for any unauthorized access to or use of Our secure servers and/or any and all personal information and/or(if applicable any) financial information stored therein.
- We shall not be liable for any interruption or cessation of transmission to or from Our platforms and any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website.
USER REPRESENTATIONS/LICENSE/UNAUTHORISED USE
- You agree, undertake and confirm that Your use of the website shall be strictly governed under the Applicable laws, and You shall not use any information which:
- belongs to another person and to which You do not have any right to;
- violates any Applicable Law for the time being in force in India;
- impersonate another person;
- otherwise act in a manner that adversely affects other Users ability to use the website.
- License: Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to: (i) access and use the website; and (ii) access and use any content, information and related materials that may be made available through the website, in each case solely for Your personal use. Any rights not expressly granted herein are reserved by the Company.
- Unauthorised / illegal usage: It is possible that other Users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the website, You acknowledge and agree that We are not responsible for the use of any personal information that You share on the website automatically while using it. You must have adequate protections in order to keep secure and prevent any spurious or malicious usage or access of the website on your computer.
- Intellectual property: The website is controlled and operated by Us and all material herein including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Content or information available on the website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such content or information in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the company, modification of the content or information, use of the content or information on any other platform or networked computer environment or use of the content or information for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
TERM AND TERMINATION
Submissions and Feedback: You acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the website provided by You to or via the website are non-confidential and We (as well as any of our designee) shall be entitled to an unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
- Arbitration: Should the dispute not be resolved with yourself and Us, You shall seek remedies exclusively through arbitration which shall be conducted in accordance with the Arbitration and Conciliation Act 1996 at Kochi through a single arbitrator mutually appointed between you and us. You specifically waive Your right to approach any court with jurisdiction for interim or injunctive reliefs, unless with respect to a proceeding to enforce this arbitration agreement.
- These Terms do not create or infer any rights that are enforceable by any person who is not a party to them. Any rights not expressly granted herein are reserved.