Terms & Conditions

Legal Handshake

TERMS OF USE

Last Updated on Jan 21, 2022

This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, reenacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records in various statutes as applicable and amended from time to time, and is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 (as may be amended, modified, reenacted, consolidated or replaced from time to time) which mandates the publishing of rules and regulations, privacy policy and the terms and conditions for access or usage of the services and features available on the IndiaClan domain name https://indiaclan.com and including the IndiaClan mobile application for Android and iOS devices (hereinafter collectively referred to as the “Platform”).

For the purpose of these Terms of Use, wherever the context so requires, "You", “Your” or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing data required to register as a registered User on the Platform. The terms “IndiaClan”, “We”, “Us”, “Our” shall mean Alphaup369 Technologies Private Limited, a company duly incorporated under the provisions of Companies Act, 2013, having its registered office at Team Co.Work, 55, 2nd Floor, Westend Marg, Saidullajab, Saket, New Delhi, Delhi - India - 110030.

Please read this Terms of Use carefully and make sure you understand it. If you do not understand the Terms of Use, or do not accept any part of it, then you may not use the Service.

By mere use of and/or access to the Platform, Users understand that they are contracting with IndiaClan. Users also understand that IndiaClan shall remain the sole owner of the Platform and these Terms of Use shall constitute a User’s binding obligations with IndiaClan. The User by using/ accessing the Platform and by providing any information through the Platform, impliedly or expressly, hereby accepts these Terms of Use and enters into a binding contract with IndiaClan. It is thereby acknowledged that the User has read, understood these Terms of Use and is bound by them, regardless of how the User or anyone on the User’s behalf has accessed or used the Platform. If the User does not want to be bound by the Terms of Use, they must not retain, access and/or use the Platform in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly, in contravention of these Terms of Use, may render the User liable for legal action. Downloading Our mobile application from Google Play Store and Apple App Store, the User will also be subject to Google Play Terms of Service and Apple App Store Terms of Service.

USER ACCOUNT AND YOUR INFORMATION

  1. The User shall ensure that the details provided by the User are correct and complete and if the User wishes to change any information provided to Us while registering on the Platform, the same can be updated by visiting the User Account area of the Platform provided by Us.

  2. Any reference to a natural person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic person shall include its affiliates, successors and permitted assignees, unless repugnant to the context, who has agreed to become a User by providing true, accurate, current and complete information while registering on the Platform (such information being the “Registration Data”) as registered user using the computer systems and who has accepted this electronic version/ electronic record of the User Agreement and allocated himself/ herself a unique identification user name (“User ID”) to become a registered user.

  3. The User account on the Platform shall be utilized by the User solely to purchase the listed services only for the User’s personal use and not re-sale or business purposes.

  4. We reserve the right to refuse access to the Platform, terminate accounts, remove content at any time without any advance notice to the User.

  5. IndiaClan does not play a role in, or interfere with the process of creation of content by content creators or influencers (“Community Opinion Leaders” or “COLs”) and does not edit, cut, modify, amend, alter or change such content created by them. IndiaClan however reserves the right to refuse/take down any content which, in its opinion, violates its Community Guidelines through its content removal process and may offer feedback to change/modify the content to align it with the Community Guidelines.

  6. If IndiaClan reasonably believes that any content is in breach of this Terms of Use, applicable law or may cause harm to IndiaClan, our users, or third parties, IndiaClan may remove or take down that content at its discretion. IndiaClan will notify the User or party involved with the reason for its action unless it reasonably believes that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for IndiaClan or our affiliates; (b) would compromise an investigation or the integrity or operation of the services on the Platform; or (c) would cause harm to any user, other third party, IndiaClan or its affiliates.

  7. IndiaClan shall not charge any fees for the registration and browsing of services on its Platform. It is however clarified that IndiaClan shall reserve the right to charge fees for providing technological and marketing services and change its policies in relation to it from time to time.

  8. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the services on the Platform.

 

ELIGIBILITY OF USER

  1. Upon accessing the Platform, the User hereby represents and warrants that the User is not a minor i.e. below the age of 18 (eighteen) years and has the authority and capacity to enter into a legal agreement and is not temporarily or indefinitely suspended from using Our Services;

  2. The Platform is not intended for use by children. If You are a minor i.e. under the age of 18 (eighteen) years, the Platform may be used only with involvement of a parent or guardian.

 

PLATFORM’s ROLE AND USAGE

  1. The User agrees, understands and acknowledges that the Platform is an online platform that enables you to purchase listed services listed at the indicated price. You further agree and acknowledge that IndiaClan is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the platform. Accordingly, the contract of sale of services on the Platform shall be a bipartite contract between you and the merchants/sellers/content creators (“Merchants”) on the Platform. Any purchase of a service listed on the Platform shall be subject to the additional service specific terms and conditions provided on the concerned service listing page.

  2. The User agrees and undertakes to be responsible for maintaining the confidentiality of the account created for the services and shall be fully responsible for all activities that occur by use of the account. Further, the User agrees not to use any other party's/User’s account for any purpose whatsoever without proper authorization from the relevant party/User. The User is responsible for the security of all transactions undertaken on such User’s account. IndiaClan will not be held responsible for any financial loss, inconvenience or mental agony resulting from misuse of the User’s account.

  3. The User also agrees and undertakes to immediately notify Us of any unauthorized use of the User's account or user ID, as the case may be. We shall not be responsible for any direct or indirect loss or damage arising out of the User's failure to comply with this requirement.

  4. If the User submits/uploads any comment or content, by providing such content to the Platform, the User grants to IndiaClan a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it). IndiaClan may only use that content in connection with the services accessed on the Platform and IndiaClan’s (and its successors) business.

  5. The User will not host, display, upload, modify, publish, transmit, store, update or share any content/information on the Platform that (“Community Guidelines”):

    1. belongs to another person and to which the User does not have any right;

    2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

    3. is harmful to a child;

    4. infringes any patent, trademark, copyright or other proprietary rights;

    5. violates any law for the time being in force;

    6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

    7. impersonates another person;

    8. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;

    9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or

    10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

  6. To use the services on the Platform, the User agrees to:

    1. i. not breach or circumvent any laws, third-party rights or our systems, policies, or determinations of Your account status;

    2. ii. not use the Platform for committing any criminal offence or any unlawful activity or any fraudulent purposes or illegal purposes as per the applicable laws;

    3. iii. not use the Platform for harassing any person or third party, or for making any defamatory, obscene, indecent remarks or be in breach of the Intellectual Property Rights (defined hereinafter) of any third party or act unlawfully in any other manner whatsoever;

    4. iv. not infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights ("Intellectual Property Rights") that vest with IndiaClan;

    5. v. not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to modify or interfere with Our Platform or access the Platform or other third-party information for any purpose, except with the prior express and written permission of IndiaClan; and

    6. vi. not interfere with the working of the Platform, or impose a disproportionately large load on IndiaClan infrastructure.

  7. The User agrees and undertakes not to sell, trade, resell or exploit for any commercial purposes, any portion of the services purchased via the Platform. The User further agrees and undertakes not to copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Platform in any manner whatsoever.

  8. IndiaClan shall not be held liable in the event any email/text message/automated phone calls remain unread by a User due to reasons including non-delivery of the e-mail/text message/automated phone calls or delivery to the User's junk or spam folder, as the case may be.

  9. The User shall ensure that any password issued by Us to the User must not be revealed to any other person or third party. You may not use anyone else's password. You shall be responsible for maintaining the confidentiality of Your accounts and passwords.

  10. User agrees to exit/log-out of their accounts at the end of each session. We shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.

  11. User agrees to not disrupt, overburden, or aid in the disruption or overburdening of any computer or server used to offer or support our services on the Platform; or the enjoyment of our services on the Platform by any other user or person.

  12. User shall not attempt to gain unauthorised access to other Users’ accounts, servers or networks connected to Our services by any means and is permitted to use only the User interface provided by Us.

  13. Sharing content posted on IndiaClan platform or distributing it in any form without consent is a crime and the user may be subject to litigations from the content creator or IndiaClan whichever maybe the case. 

 

COMMUNICATION

  1. User agrees and understands that User shall communicate with Us through electronic records and User consents to receive and send communications via electronic modes including email, text messages, telephonic calls, etc. The User hereby agrees that all agreements, notices, communications provided by Us electronically are legally admissible. 

  2. User authorizes and gives consent to us and our third-party service providers, to send them, from time to time, various information, alerts, SMS, messages, calls or commercial communications, and other such communications on your registered mobile number, whether or not this number is registered with National Do Not Call Registry, or listed in National Customer Preference Register. You also confirm that you are consenting to receiving such communications, and you will not hold us or our third-party service providers liable, or institute any complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time. This service will be auto renewed every month and if you wish to terminate this service, please write an email to support@indiaclan.com

CONTENT ON THE PLATFORM

  1. The content on the Platform includes videos by COLs, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, “Content”).

  2. The User is informed and understands that Content is the responsibility of the person or entity (including COLs) that provides it to the Platform. IndiaClan is under no obligation to host or serve Content. If you as the User see any Content you believe does not comply with this Terms of Use, including by violating the law, you can report it to Us by contacting our Support Staff at support@indiaclan.com

ACCEPTANCE OF TERMS AND MODIFICATIONS THEREOF

  1. The Users are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the Platform.

  2. We may stop provision of the Platform (or any part of the Platform), permanently or temporarily, to the User(s) generally or may modify or change the nature of the mobile application and/or these Terms at Our sole discretion, without any prior notice to the User.

  3. The User shall be solely liable for all data charges incurred through use of the Platform.

  4. We shall be entitled to modify these Terms of Use, rules and regulations of use referred herein or provided by Us in relation to the Platform, at any time, by posting the same on the Platform. No individual alert shall be provided to the User and it shall be assumed that each individual User has read and understood the modified Terms of Use, rules and regulations of use updated by Us.

  5. We may, at our sole and absolute discretion:

    1. move or remove any content that is available on the Platform to the extent we believe that such content violates these Terms of Use or applicable law;

    2. establish general practices and limits concerning use of Platform;

    3. assign Our rights and liabilities relating to the Platform to any legal entity established under applicable law and post such assignment, an intimation of such assignment shall be sent to all Users to their registered email addresses.

  6. Upon any breach of these Terms of Use, or illegal or improper use of the Platform by a User, We may, without any notice to the User, restrict, suspend or terminate the User’s access to all or any part of the Platform, deactivate or delete the User account and all related information on the account and further, take technical and legal steps as it deems necessary.

  7. User hereby provides free voluntary consent to receive communications such as announcements, administrative messages and advertisements from Us or any of Our approved partners, licensors or associates.

 

INTELLECTUAL PROPERTY

  1. Use of the Platform is, and at all times, governed by and subject to the copyright, trademark, patent, and trade secret laws regarding ownership and use of intellectual property. The User shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Platform through User’s device.

  2. All trademarks, brands and service marks of the Platform are the sole property of IndiaClan, including all the copyrights and database in relation to the Platform.

  3. The Platform and any underlying technology or software used in connection with the Platform may contain rights of IndiaClan or Our affiliates or any third-party connected thereto. For use of any third-party’s intellectual property, the User may need to get permission directly from such third-party owner of that intellectual property.

  4. Any intellectual property which is not specifically mentioned to be owned by Us is owned by their respective owners and the owners have a right to take appropriate actions against the User for any violation, infringement or passing off.

  5. The User confirms and undertakes not to display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform. The User further agrees to indemnify and hold Us, Our directors, employees, affiliates and assigns harmless against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform, by User or through the User’s commissions or omissions.

 

THIRD PARTY SITES, APPLICATIONS, SERVICES AND PRODUCTS

  1. The Platform may contain links to other internet sites or applications owned and operated by third parties. Use of each of such site or application is subject to the conditions, if any, posted by such site or application. We do not exercise control over any of those internet sites or third-party applications and will not be held responsible for any content residing in any third-party internet sites, etc. We do not endorse or support these third-party sites or applications and services they provide; these links are provided for User’s convenience only. We are not responsible or liable for the content or accuracy of such links.

  2. The Platform contains content that is created by Us as well as provided by third parties. We do not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing Our services provided on the Platform.

 

GOVERNING LAW AND DISPUTE RESOLUTION

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws, principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New Delhi.

 

STOCK MARKETS AND QUOTES OFFERED AT INDIACLAN PLATFORM

Users acknowledge and accept that stock quotes that may appear on the IndiaClan platform are only provided for setting the context. Such quotes are delayed and are NOT to be used for trading purposes. IndiaClan is NOT responsible for any damage or losses arising out of user's trades.

 

INDEMNITY

Users agree to indemnify and hold harmless, without objection, the Company (Alphaup369 Technologies Pvt. Ltd.), its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of the Website or their breach of the terms. 

WARRANTY DISCLAIMER

  1. IndiaClan is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our affiliates and third party service providers.

Limit of liability

  1. User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

  2. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

  3. User agrees that the Company shall not be responsible or liable to the user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

  4. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of IndiaClan. We are specifically not liable for loss associated with failure to deliver content and from losses caused by conflicting contractual agreements.

FINANCIAL LOSS DISCLAIMER

  1. Users hereby understand that a lot of content creators (COLs) on our platform are not registered with Securities and Exchange Board of India (“SEBI”) as an investment adviser under the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013 (“IA Regulations”) and are not permitted to give information that might be construed as "financial advise ". All the messaging on the platform is to be strictly treated as "Educational Content". 

  2. User hereby agrees that they will not be taking any trades or financial/market positions based on the advice of any member on the IndiaClan platform.

  3. IndiaClan, its directors or any other officer associated with the company will not be liable for any damages pertaining to losses made by the user in the financial markets or otherwise.

 

CONTACT AND COMPLAINT

In the event the User has any questions, comments, complaints and requests regarding this Terms of Use or if the User believes any content on the Platform is violative of any applicable laws or their rights, such respective User may address the same to the designated grievance officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of the Privacy Policy or Terms of Use or any other policy can be directed to the designated officer in writing and the details are as follows:

Aniruddha Mondal

Co-Founder, IndiaClan

support@indiaclan.com

55, 2nd Floor, Westend Marg, Saidullajab, Saket, New Delhi, Delhi - India - 110030

WAIVER

Any failure or delay by a party to enforce or exercise any provision of these Terms of Use, or any related right, shall not constitute a waiver by such party of that provision or right. To clarify, if a User breaches any of these conditions and We do not initiate any action against the same, We will still be entitled to use our rights and remedies in any other situation where You breach these conditions. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

 

MISCELLANEOUS

  1. We may be required under applicable law, to notify Users of certain events. User hereby acknowledges and consents that such notices will be effective upon Our posting them on the Platform or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the Platform. If they do not provide Us with accurate information, We shall not be held liable for failure to notify the User.

  2. We shall not be liable for any delay or failure to perform resulting from causes outside Our reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

  3. If any part of these Terms of Use is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms of Use shall continue in full force.