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This document is an electronic record
in terms of Information Technology Act, 2000 and rules there under as
applicable and the amended provisions pertaining to electronic records in
various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require any
physical or digital signatures.
This
document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for
access or usage of all pages of moolwan.com website.
The
use of any product, service or feature (the “Materials”) available through moolwan.com
(hereinafter referred to as “Website”) is owned by Euphorica Ventures Private Limited, a company incorporated under
the Companies Act, 1956 with its registered office at G-15, RichFields
Apartment Outer Ring Road, Marathalli, Bangalore-560037, Karnataka, India
(hereinafter referred to as “Moolwan”).
For
the purpose of these Terms of Use, wherever the context so requires “You” or
“User” shall mean any natural or legal person who visits or uses the Website. MOOLWAN
allows the User to surf the Website without registering on the Website. The
term “We”, “Us”, “Our” shall mean Euphorica Ventures Private Limited.
Your
use of the Website and services and tools are governed by the following terms
and conditions (“Terms of Use” or “ToU”) as applicable to the Website including
the applicable policies which are incorporated herein by way of reference. Use
of the Website shall subject You to the policies that are applicable to the
Website. By mere use of the Website, you shall be contracting with Euphorica
Ventures Private Limited and these terms and conditions including the policies
constitute Your binding obligations, with MOOLWAN.
This
Website, including all Materials present (excluding any applicable third-party
materials), is the property of MOOLWAN and is copyrighted and protected by
worldwide copyright laws and treaty provisions. You hereby agree to comply with
all copyright laws worldwide in Your use of this Website and to prevent any
unauthorized copying of the Materials. MOOLWAN does not grant any express or
implied rights under any patents, trademarks, copyrights or trade secret
information.
When
you use any Materials provided by us through the Website you will be subject to
the rules, guidelines, policies, terms and conditions applicable to such
services and they shall be deemed incorporated into the ToU and considered a
part and parcel of the ToU. We reserve the right, at our sole discretion, to
change, modify, add, or remove portions of the ToU at any time and without any
prior written notice to you. It is your responsibility to review the ToU
periodically for updates/changes. Your continued use of the Website following
the changes will mean that you accept and agree to the revisions. As long as
you comply with the ToU, we grant you a personal, non-exclusive,
non-transferable, and limited privilege to enter and use the Website.
ACCESSING,
BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE
TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE
CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of
Use, you also accept and agree to be bound by MOOLWAN Policies (including but
not limited to Privacy Policy available on Privacy Policy as amended from time
to time.
USER ELIGIBILITY
Use 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 minors, 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 shall not register as a User of the Website and shall not use the
website. As a minor if you wish to use the website, such use may be made by
your legal guardian or parents on the Website. MOOLWAN reserves the right to
terminate your membership and / or refuse to provide you with access to the
Website if it is brought to MOOLWAN’s notice or if it is discovered that you
are under the age of 18 years.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If You use the Website, You shall be
responsible for maintaining the confidentiality of your Display Name and
Password and You shall be responsible for all activities that occur under your
Display Name and Password. You agree that if You provide any information that
is untrue, inaccurate, not current or incomplete or We have reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with this Terms of Use, We shall have the
right to indefinitely suspend or terminate or block access of your membership
on the Website and refuse to provide You with access to the Website.
COMMUNICATIONS
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 Us
periodically and as and when required. We may communicate with you by email or
by such other mode of communication, electronic or otherwise.
CHARGES
Membership on the Website is free. MOOLWAN
does not charge any fee for browsing the Website. In particular, MOOLWAN may at
its sole discretion introduce new services and modify some or all of the
existing services offered on the Website.
Blogs:
This is to inform and clarify that individuals (including but not limited to
employees of MOOLWAN and referred to as “Individuals” hereafter) may contribute
articles and opinions on this Website entirely at the sole discretion of MOOLWAN,
in the form of “blogs”, as such term is generally understood. You hereby
acknowledge and agree that these blogs constitute the opinion of the
Individuals in their personal capacity, and may not represent official
positions of MOOLWAN in any manner. MOOLWAN retains all ownership and rights in
these blogs.
You
may be permitted to post comments and feedback to these blogs. By doing so, You
expressly agree and acknowledge to abide by the following:
1.
You shall not host, display, upload, modify, publish, transmit, update or share
any information which:
(a)
belongs to another person and to which You do not have any right;
(b)
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another’s privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever; or unlawfully
threatening or unlawfully harassing including but not limited to “indecent
representation of women” within the meaning of the Indecent Representation of
Women (Prohibition) Act, 1986;
(c)
is misleading in any way;
(d)
is patently offensive to the online community, such as sexually explicit content,
or content that promotes obscenity, paedophilia, racism, bigotry, hatred or
physical harm of any kind against any group or individual;
(e)
harasses or advocates harassment of another person;
(f)
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass
mailing or “spamming”;
(g)
promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libellous;
(h)
infringes upon or violates any third party’s rights [including, but not limited
to, intellectual property rights, rights of privacy (including without
limitation unauthorized disclosure of a person’s name, email address, physical
address or phone number) or rights of publicity];
(i)
promotes an illegal or unauthorized copy of another person’s copyrighted work
(see “Copyright complaint” below for instructions on how to lodge a complaint
about uploaded copyrighted material), such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
(j)
contains restricted or password-only access pages, or hidden pages or images
(those not linked to or from another accessible page);
(k)
provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or solicits personal information from anyone;
(l)
provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone’s privacy, or providing or creating
computer viruses;
(m)
contains video, photographs, or images of another person (with a minor or an
adult).
(n)
tries to gain unauthorized access or exceeds the scope of authorized access to
the Website or to profiles, blogs, communities, account information, bulletins,
friend request, or other areas of the Website or solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
(o)
solicits gambling or engages in any gambling activity which We, in Our sole
discretion, believes is or could be construed as being illegal;
(p)
interferes with another User’s use and enjoyment of the Website or any other
User’s enjoyment of similar services;
(q)
refers to any website or URL that, in Our sole discretion, contains material
that is inappropriate for the Website or any other website, contains content
that would be prohibited or violates the letter or spirit of these Terms of
Use.
(r)
harm minors in any way;
(s)
infringes any patent, trademark, copyright or other proprietary rights or third
party’s trade secrets or rights of publicity or privacy;
(t)
violates any law for the time being in force;
(u)
deceives or misleads the addressee/ users about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
(v)
impersonate another person;
(w)
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
resource; or contains any trojan horses, worms, time bombs, cancelbots, easter
eggs or other computer programming routines that may damage, detrimentally
interfere with, diminish value of, surreptitiously intercept or expropriate any
system, data or personal information;
(x)
threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to
the commission of any cognizable offence or prevents investigation of any
offence or is insulting any other nation.
(y)
shall not be false, inaccurate or misleading;
(z)
shall not create liability for Us or cause Us to lose (in whole or in part) the
services of Our internet service provider (“ISPs”) or other suppliers;
2.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Website or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Website or any Content, to obtain
or attempt to obtain any materials, documents or information through any means
not purposely made available through the Website. We reserve Our right to bar
any such activity.
3.
You shall not attempt to gain unauthorized access to any portion or feature of
the Website, or any other systems or networks connected to the Website or to
any server, computer, network, or to any of the services offered on or through
the Website, by hacking, password “mining” or any other illegitimate means.
4.
You shall not probe, scan or test the vulnerability of the Website or any
network connected to the Website nor breach the security or authentication
measures on the Website or any network connected to the Website. You may not
reverse look-up, trace or seek to trace any information on any other User of or
visitor to Website, or any other customer, including any account on the Website
not owned by You, to its source, or exploit the Website or any service or
information made available or offered by or through the Website, in any way
where the purpose is to reveal any information, including but not limited to
personal identification or information, other than Your own information, as
provided for by the Website.
5.
You shall not make any negative, denigrating or defamatory statement(s) or
comment(s) about Us or the brand name or domain name used by Us or otherwise
engage in any conduct or action that might tarnish the image or reputation, of MOOLWAN
or its associate companies or sellers on platform or otherwise tarnish or
dilute any MOOLWAN’s trade or service marks, trade name and/or goodwill
associated with such trade or service marks, trade name as may be owned or used
by us. You agree that You will not take any action that imposes an unreasonable
or disproportionately large load on the infrastructure of the Website or MOOLWAN’s
systems or networks, or any systems or networks connected to MOOLWAN.
6.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Website or any transaction being
conducted on the Website, or with any other person’s use of the Website.
7.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal You send to Us on or through
the Website or any service offered on or through the Website. You may not
pretend that You are, or that You represent, someone else, or impersonate any
other individual or entity.
8.
You may not use the Website or any content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of MOOLWAN and / or
others.
9.
You shall at all times ensure full compliance with the applicable provisions of
the Information Technology Act, 2000 and rules thereunder as applicable and as
amended from time to time and also all applicable Domestic laws, rules and
regulations.
10.
Solely to enable Us to use the information You supply Us with, so that we are
not violating any rights You might have in Your Information, You agree to grant
Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights You have in Your Information, in
any media now known or not currently known, with respect to Your Information.
We shall be entitled to, consistent with Our Privacy Policy as adopted in
accordance with applicable law, use the content or any of its elements for any
type of use forever, including but not limited to promotional and advertising
purposes and in any media whether now known or hereafter devised, including the
creation of derivative works that may include the content You provide. You
agree that any content You post may be used by us, consistent with Our Privacy
Policy and Rules of Conduct on Site as mentioned herein, and You are not
entitled to any payment or other compensation for such use.
11.
You shall not engage in advertising to, or solicitation of, other Users of the
Website to buy or sell any products or services, including, but not limited to,
products or services related to that being displayed on the www.MOOLWAN.com or
related to us. You may not transmit any chain letters or unsolicited commercial
or junk email to other Users via the Website. It shall be a violation of these
Terms of Use to use any information obtained from the Website in order to
harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person other than Us without Our prior explicit
consent. You understand that We have the right at all times to disclose any
information (including the identity of the persons providing information or
materials on the Website) as necessary to satisfy any law, regulation or valid
governmental request. This may include, without limitation, disclosure of the
information in connection with investigation of alleged illegal activity or
solicitation of illegal activity or in response to a lawful court order or
subpoena. In addition, We can (and You hereby expressly authorize Us to)
disclose any information about You to law enforcement or other government
officials, as we, in Our sole discretion, believe necessary or appropriate in
connection with the investigation and/or resolution of possible crimes,
especially those that may involve personal injury.
We
reserve the right, but have no obligation, to monitor the materials posted on
the Website. MOOLWAN shall have the right to remove or edit any content that in
its sole discretion violates, or is alleged to violate, any applicable law or
either the spirit or letter of these Terms of Use. Notwithstanding this right,
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE
WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content
posted does not necessarily reflect MOOLWAN views. In no event shall MOOLWAN
assume or have any responsibility or liability for any Content posted or for
any claims, damages or losses resulting from use of Content and/or appearance
of Content on the Website. You hereby represent and warrant that You have all
necessary rights in and to all Content which You provide and all information it
contains and that such Content shall not infringe any proprietary or other rights
of third parties or contain any libellous, tortious, or otherwise unlawful
information.
13.
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 Website, 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 publicly disclose or share with others on the
Website. Please carefully select the type of information that You publicly
disclose or share with others on the Website.
14.
MOOLWAN shall have all the rights to take necessary action and claim damages
that may occur due to your involvement/participation in any way on your own or
through group/s of people, intentionally or unintentionally in DoS/DDoS
(Distributed Denial of Services).
Except
as expressly provided in these Terms of Use, no part of the Website and no
Materials may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including “mirroring”) to any other computer, server, Website or other medium
for publication or distribution or for any commercial enterprise, without MOOLWAN’s
express prior written consent.
You
may use Materials made available on the Website for downloading, provided that
You (1) do not remove any proprietary notice language in all copies of such
documents, (2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any networked
computer or broadcast it in any media, (3) make no modifications to any such
information, and (4) do not make any additional representations or warranties
relating to such documents.
Third
party content: The Website makes information of third parties available,
including articles, analyst reports, news reports, tools to facilitate
calculation, company information and data about financial markets, including
any regulatory authority and other financial markets and other data from
external sources (the “Third Party Content”). You acknowledge and agree that
the Third Party Content is not created or endorsed by MOOLWAN. The provision of
Third Party Content is for general informational purposes only and does not
constitute a recommendation or solicitation to purchase or sell any securities
or shares or to make any other type of investment or investment decision. In
addition, the Third Party Content is not intended to provide tax, legal or
investment advice. You acknowledge that the Third Party Content provided to You
is obtained from sources believed to be reliable, but that no guarantees are
made by MOOLWAN or the providers of the Third Party Content as to its accuracy,
completeness, timeliness. You agree not to hold MOOLWAN, any business offering
products or services through the Website or any provider of Third Party Content
liable for any investment decision or other transaction You may make based on
Your reliance on or use of such data, or any liability that may arise due to
delays or interruptions in the delivery of the Third Party Content for any
reason.
By
using any Third Party Content, You may leave this Website and be directed to an
external website, or to a website maintained by an entity other than MOOLWAN.
If You decide to visit any such site, You do so at Your own risk and it is Your
responsibility to take all protective measures to guard against viruses or any
other destructive elements. MOOLWAN makes no warranty or representation
regarding, and does not endorse, any linked Websites or the information
appearing thereon or any of the products or services described thereon. Links
do not imply that MOOLWAN or this Website sponsors, endorses, is affiliated or
associated with, or is legally authorized to use any trademark, trade name,
logo or copyright symbol displayed in or accessible through the links, or that
any linked site is authorized to use any trademark, trade name, logo or
copyright symbol of MOOLWAN or any of its affiliates or subsidiaries. You
hereby expressly acknowledge and agree that the linked sites are not under the
control of MOOLWAN and MOOLWAN is not responsible for the contents of any
linked site or any link contained in a linked site, or any changes or updates
to such sites. MOOLWAN is not responsible for webcasting or any other form of
transmission received from any linked site. MOOLWAN is providing these links to
You only as a convenience, and the inclusion of any link shall not be construed
to imply endorsement by MOOLWAN in any manner of the website.
Posting on the Website:
MOOLWAN does not claim ownership of
the materials You provide to MOOLWAN (including feedback and suggestions) or
post, upload, input or submit to any section of the Website, (each a
“Submission” and collectively “Submissions”). However, by posting, uploading,
inputting, providing or submitting (“Posting”) Your Submission You are granting
MOOLWAN, its affiliated companies and necessary sub-licensees permission to use
Your Submission in connection with the operation of their business, including,
without limitation, the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat Your
Submission; to publish Your name in connection with Your Submission; and the
right to sublicense such rights to any other party.
You
hereby acknowledge and agree that no compensation shall be paid or no future
commercial consideration has accrued with respect to the use of Your Submission
by MOOLWAN, as provided herein. MOOLWAN shall be under no obligation to post or
use any Submission You may provide and MOOLWAN shall remove any Submission at
any time at its own sole discretion.
By
Posting a Submission You hereby warrant and represent that You own or otherwise
control all of the rights required under worldwide law for Your Submission as
described in these Terms of Use including, without limitation, all the rights
necessary for You to provide, post, upload, input or submit the Submissions.
PROFANITY POLICY
MOOLWAN prohibits the use of language
that is racist, hateful, sexual or obscene in nature in a public area.
This
policy extends to your Submissions, Postings and all other areas of the website
that another User may view. We allow Users to ‘blur’ out the bulk of the
offending word with asterisks (i.e., s*** or f***).
Please
report any violations of this policy for review.
If
a feedback comment; or any communication made between Users on the Website; or
email communication between Users contain profanity, please review Our feedback
removal policy and submit a request for action/removal.
PRIVACY
We view protection of Your privacy as
a very important principle. We understand clearly that You and Your Personal
Information is one of Our most important assets. We store and process Your
Information including any sensitive financial information collected (as defined
under the Information Technology Act, 2000), if any, on computers that may be
protected by physical as well as reasonable technological security measures and
procedures in accordance with Information Technology Act 2000 and Rules there
under. Our current Privacy Policy is available at https://www.MOOLWAN.com/pages/privacypolicy.
If You object to Your Information being transferred or used in this way please
do not use Website.
We
may share personal information with our other corporate entities and
affiliates. These entities and affiliates may market to you as a result of such
sharing unless you explicitly opt-out.
We
may disclose personal information to third parties. This disclosure may be
required for us to provide you access to our Services, to comply with our legal
obligations, to enforce our User Agreement, to facilitate our marketing and
advertising activities, or to prevent, detect, mitigate, and investigate fraudulent
or illegal activities related to our Services. We do not disclose your personal
information to third parties for their marketing and advertising purposes
without your explicit consent.
We
may disclose personal information if required to do so by law or in the good
faith belief that such disclosure is reasonably necessary to respond to
subpoenas, court orders, or other legal process. We may disclose personal
information to law enforcement offices, third party rights owners, or others in
the good faith belief that such disclosure is reasonably necessary to: enforce
our Terms or Privacy Policy; respond to claims that an advertisement, posting
or other content violates the rights of a third party; or protect the rights,
property or personal safety of our users or the general public.
We
and our affiliates will share some or all of your personal information with
another business entity should we (or our assets) plan to merge with, or be
acquired by that business entity, or re-organization, amalgamation, restructuring
of business. Should such a transaction occur that other business entity (or the
new combined entity) will be required to follow this privacy policy with
respect to your personal information.
DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the Materials and
information/content (including but not limited to software) and services,
included on or otherwise made available to You through this website are
provided on “as is” and “as available” basis without any representation or
warranties, express or implied except otherwise specified in writing. Without
prejudice to the forgoing paragraph, MOOLWAN does not warrant that:
•
This Website will be constantly available, or available at all; or
•
The information on this Website is complete, true, accurate or non-misleading.
MOOLWAN
will not be liable to You in any way or in relation to the Materials of, or use
of, or otherwise in connection with, the Website. MOOLWAN does not warrant that
this site; information, content, Materials, product (including software) or
services included on or otherwise made available to You through the Website;
their servers; or electronic communication sent from Us are free of viruses or
other harmful components.
INDEMNITY
You shall indemnify and hold harmless
MOOLWAN, its owner, licensee, affiliates, subsidiaries, group companies (as
applicable) and their respective officers, directors, agents, and employees,
from any claim or demand, or actions including reasonable attorneys’ fees, made
by any third party or penalty imposed due to or arising out of Your breach of
this Terms of Use, privacy Policy and other Policies, or Your violation of any
law, rules or regulations or the rights (including infringement of intellectual
property rights) of a third party.
LIMITATION OF DAMAGES
In no event shall MOOLWAN or any of
its subsidiaries or affiliates be liable to any entity for any direct,
indirect, special, consequential or other damages (including, without
limitation, any lost profits, business interruption, loss of information or
programs or other data on your information handling system) that are related to
the use of, or the inability to use, the content, materials, and functions of
this Website or any linked Website, even if MOOLWAN is expressly advised of the
possibility of such damages.
DISCLAIMER
The Website may contain inaccuracies
and typographical and clerical errors. MOOLWAN expressly disclaims any
obligation(s) to update this Website or any of the materials on this website. MOOLWAN
does not warrant the accuracy or completeness of the Materials or the
reliability of any advice, opinion, statement or other information displayed or
distributed through the Website. You acknowledge that any reliance on any such
opinion, advice, statement, memorandum, or information shall be at your sole
risk. MOOLWAN reserves the right, in its sole discretion, to correct any errors
or omissions in any portion of the Website. MOOLWAN may make any other changes
to the Website, the materials and the products, programs, services or prices
(if any) described in the Website at any time without notice. This Website is
for informational purposes only and should not be construed as technical advice
of any manner.
APPLICABLE LAW
Terms of Use shall be governed by and
interpreted and construed in accordance with the laws of India. The place of
jurisdiction shall be exclusively in Bangalore.
CONTACT US
Please contact us at connect@moolwan.com for any
questions or comments (including all inquiries unrelated to copyright
infringement) regarding this Website.
GRIEVANCE OFFICER
In accordance with Information
Technology Act 2000 and rules made there under, the name and contact details of
the Grievance Officer are provided below:
Mr.
Sanjay Srivastava
Euphorica
Ventures Pvt Ltd
G15,
RichFields Apartment, Outer Ring Road, Marathalli Bangalore- 560037
Email
: connect@moolwan.com