Terms of Use
The Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to access and/or use our website www.risify.ai and Risify Mobile Application (Collectively referred as Risify Platform or Platform). In addition to these Terms of Use, your use of Risify Platform is also governed by the following
- Our Privacy policy, which is available at Risify platform governing our use of your information. It briefly sets out the collection, use, transfer, repositioning, sharing and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
- Product-Specific Terms and Conditions.
- Our cookies policy governs our use of cookies and similar technologies on Risify Platform. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies.
By continuing to access Risify Platform after we have updated our Terms of Use, terms and conditions and/or user content agreement, you agree to be bound by those updated versions. Please read the Terms carefully. If you do not agree to the Terms in their entirety, please do not use or access the Platform
Risify funds Private Limited, (hereafter referred to as "Company" or "Risify") is a company incorporated under Companies Act 2013, CIN- , having registered office at B wing, Parinee Crescenzo, 1407, G Block BKC, Bandra East, Mumbai, Maharashtra 400051, provides its various services to its user on the Risify Platform.
In these Terms, wherever the context so requires, 'You' or 'Your' or 'User' shall mean any natural person who has already signed up on the Risify Platform and intends to avail of the services offered. Further, wherever the context so requires, 'We', 'Us' or 'Company' shall mean Risify funds Private Limited.
This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act"), the rules made thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Definitions
- "App" means the mobile application by the name 'Risify' available on android and iOS.
- "Website" means the website hosted as ‘www.risify.ai’.
- "User" means any person who downloads the Application and/or a person who access the Risify Platform and/or a person who avails any of services, products or facilities offered through the Risify Platform.
- "Group Companies" includes any company which is a holding, subsidiary, fellow subsidiary, or associate of the Company.
- "KYC" means all requirements pertaining to "Know your client" Norms and customer due diligence, with respect to User, as per the requirements prescribed by regulatory authorities from time to time.
- "Laws" means all laws, ordinance, statutes, rules, orders, decrees, injunctions, licences, permits, approvals, authorisations, consents, waivers, privileges, agreements and regulations of any Governmental authority having jurisdiction over the relevant matter as such which are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time-to-time hereafter.
- "Privacy Policy" means the privacy policy published on Risify Platform.
- "Terms of Use" shall mean these terms and conditions set out herein regarding the use of the Risify Platform by the User.
- "Terms and Conditions" shall mean the product specific terms and conditions which are set out in the relevant product section.
Eligibility and Account Creation
By accepting the Terms of Use, You hereby represent that: You are of 18 (eighteen) years of age or older and are not a person barred from receiving the Platform Services under the applicable laws and are competent to enter into a binding contract. The Company reserves the right to refuse access to the Platform to new Users and any such user who has been suspended, disqualified, debarred and/or removed by the Company for any regulatory and/or statutory authority reason whatsoever shall not be entitled to avail the Services available on Risify Platform.
KYC and Investment Account
Before availing of any products or services on Risify, the Client must complete all prescribed Know Your Customer (KYC) requirements with the KYC Registration Agency, as mandated by the SEBI KYC and CKYC guidelines and/or as per directives issued by regulatory, governmental agencies, or authorities from time to time. The KYC will be common across all services available on Risify. The Client is required to promptly update any previously submitted information or details in case of changes and perform periodic or annual updates of details as necessary. When availing of services on Risify Platform, the Client is required to submit additional necessary information/documents, such as bank details, nominee details, etc. for Investment Account. If a Client places any transaction order or transfers funds to settle a transaction alongside their KYC and Investment Account setup, their KYC details must be validated. In case Risify requires any additional documents or information to complete the KYC process, the Client must submit the requested details within three (3) working days. If the Client's account is not fully validated within the specified timeframe, Risify reserves the right to cancel the order and initiate a refund to the Client.
AVAILABILITY OF Risify PLATFORM
We make no representations and provide no warranties that:
- Risify Platform will be made available at any specific time or from any specific geographical location;
- your access to Risify Platform will be continuous or uninterrupted; or
- Risify Platform will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.
- We reserve the right to suspend access to all or part of the Risify Platform for any reason, including for business or operational reasons, such as improving the appearance or functionality of Risify Platform, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to Risify Platform for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
- Risify Platform is provided for users in India only. Although it may be possible to access Risify Platform from other countries, we make no representation that the Risify Platform is compliant with any legal requirements in force in any jurisdiction other than India or that the content available on Risify Platform will be appropriate for users in other countries or states.
Changes we may make to these Terms of Use and other documentation
We reserve the right to update these Terms of Use, our privacy policy, Product-specific Terms and Conditions, our cookies policy and any other policy, process or document referred under terms of Use from time to time. We may change our Terms of Use and other documentation for any reason, including:
- to reflect any changes in the way we carry out our business;
- to account for any changes we make to Risify Platform, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the Risify Platform;
- accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
- to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or
- to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance issued by any of the regulators or any other government or Govt. Approved agencies.
- Only if it is mandated by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on Risify Platform and/or by posting an updated version of these Terms of Use or other such documentation on Risify Platform.
- By continuing to access Risify Platform after we have updated our Terms of Use, terms and conditions and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge and agree to abide by the "Terms of Use" that by continuing to access Risify Platform after we have updated our privacy policy and/or our cookies policy, that the practices set out in those updated policies will apply to our handling of your information and our use of cookies and similar technologies.
- You must check these Terms of Use and all other documentation referred to in them each time you access Risify Platform in order to ensure that you are aware of the terms that apply to you at that time.
Your Account Details / Information
- If we provide you with account information or any other relevant information such as a username, user ID, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use by the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party knowingly or unknowingly.
- Where we provide you with the option to select your own login information, including a password, we recommend that you do not supply login information unique to your own use of Risify Platform, and do not use information from other accounts you may hold with other Platforms or any easily discoverable information about you. You are responsible for any/all consequences of unauthorised access to your account due to any disclosure of your login information or other credentials to any third party knowingly or unknowingly.
- You must never use another user's account without the permission of Risify funds Private Limited. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals at any point of time. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times are true, accurate, current, and complete. You agree to update your information immediately upon any change as it is necessary to maintain its truth and accuracy.
- We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these "Terms of Use" or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information. Further the account can be suspended on account of any regulatory, legal or lawful obligation prescribing or indication action on the account or on account of any obligation arising on RISIFY.
- If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at [email protected]
Ownership of material on the Risify Platform
- All trademarks, service marks, trade names, logos, copyright and any other intellectual property rights on Risify Platform and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws in India and around the world, and all rights are reserved. Any use of Risify Platform and its contents, other than as specifically authorised by the Company and/or RISIFY is strictly prohibited. Any rights not expressly granted herein are reserved by us.
- The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via Risify Platform (collectively, "Third Party Mark(s)") may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third-Party Mark, nothing in these Terms of Use or on or via Risify Platform should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third-Party Marks that are used or displayed on Risify Platform, without the respective owner's prior written permission, in each instance. All goodwill generated from the use of our trademarks will benefit us exclusively.
Information and content on Risify Platform provided on non-reliance basis
- Risify Platform is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We only make Risify Platform available for purposes as legally permissible and acceptable to regulators.
- The content on Risify Platform is not intended to be construed as advice unless especially marked as Advice. The information and views provided on Risify Platform are based on information available and believed to be correct to the best of knowledge, although due care has been exercised to verify the accuracy of the information but you must not completely rely on the contents of Risify platform for any purposes including investment and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on Risify Platform at any time.
- We make no representations and provide no warranties whatsoever, whether expressed or implied, that any of the content or materials available on Risify Platform from time to time are accurate, up to date or complete.
Permitted use of materials on Risify Platform
- The content on Risify Platform is provided for your personal, private and non-commercial use only. You should not print or share the content from Risify Platform for any purpose. However, the sharing of content with the approval (written consent) of the Risify is permissible only for lawful purposes, private and non-commercial purposes. You may aware others linked to your account of the content on Risify Platform. You may not otherwise extract, reproduce or distribute the content of Risify Platform without our prior written consent.
- Whenever you print, download, share or pass on content from Risify Platform to others, you must not make any additions or deletions or otherwise modify any text from Risify Platform, you must not alter or change any images, media or graphics from Risify Platform in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on Risify Platform.
- You are completely prohibited from using any software / Artificial Intelligence software or any other technology including robots, spiders, data mining or scraping technology or any similar third-party tools for the extraction or reproduction of any data or content from Risify Platform without our prior written consent.
- Whenever you pass on any content or materials from Risify Platform to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.
Prohibited uses of Risify Platform
- You must not reproduce, duplicate, copy or resell any part of Risify Platform or any content from Risify Platform, save and except to the extent expressly permitted by us in writing.
- You must not, without our prior written consent, access or interfere with and damage or disrupt in any way Risify Platform or any part of it, our systems, any of our hardware or equipment or any networks on which Risify Platform is hosted, any software that we use to create or modify the Risify Platform or to make the Risify Platform available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
- You must use Risify Platform for lawful purposes only and in accordance with these Terms of Use. You must not use Risify Platform:
- for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
- for any fraudulent purposes whatsoever;
- to conduct any unsolicited or unauthorised advice or advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any technology, services or business not authorised by us;
- to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the Risify Platform, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
- to communicate with, harm or attempt to harm children or women in any way; or
- in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.
- You must not submit any information about you to us if you are under the age of 18, or about any other person who is either under the age of 18 or of an unsound mind.
- You must not submit to us any information which is considered 'sensitive personal information' unless mandated or required under any law in force. 'Sensitive personal information' is personal information about you or any other person which reveals your details including but limited to the racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation. If you accidentally or intentionally submit such information to us, you will be considered to have consented to our processing of that information as per process followed at our end.
- 'Investment in securities market are subject to market risks. Read all the related documents carefully before investing.'
Important terms for Risify Market Data:
- Risify attempts to ensure the highest level of integrity, correctness, and authenticity of the content and data available on the Risify Platform. However, we may not have reviewed all of the content and data present on the site and cannot guarantee its completeness, correctness or accuracy, as some details may be acquired from third parties. In the event of any inaccuracies, we will not be liable for any loss or damage arising from the use of the content.
- Please note that the data on Risify Platform is not necessarily real-time nor accurate, meaning prices and other information are indicative and not appropriate for trading purposes.
- The securities quoted are exemplary and not recommendatory. Such representations are not indicative of future results. Risify will not accept liability for any loss or damage resulting from your trading or reliance on the information contained within this website.
- The data/information available on the Risify Platform is for informational purpose only and It is prohibited to transfer, manipulate, store, reproduce, display, modify, transmit, or distribute the data contained on this website without the explicit prior written permission of Risify.
Viruses and other harmful content
- We do not guarantee that Risify Platform is free from all the errors, and it is technologically secure to restrict all viruses or other malicious software/contents. However, to the best of our ability, we will dedicate our resources to keep Risify Platform secure.
- We shall not be responsible for any bugs or viruses on Risify Platform, or any software that might be transferred to your computer from Risify Platform, or any consequences which the presence or operation of such programs may have.
- You must ensure that you have in place up-to-date and effective anti-virus protection and firewall on your computer or other browsing device.
- You must not upload or otherwise introduce to Risify Platform any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious in nature.
- You must not use any third parties' system, software or technology to attempt to gain unauthorised access to Risify Platform, our servers, systems, hardware, software or data.
- You must not attempt to perform any denial-of-service type attack on Risify Platform.
- You must not perform any action which would contravene Information Technology Act, 2000.
- We may report any breach or suspected breach to the relevant authorities (including any law-enforcement agencies) and may disclose your identity and act.
Links to other Platforms
- Links to third party content or Platforms may appear on Risify Platform from time to time. Â We are not responsible and completely deny all sorts of obligations and liabilities with respect to the content or product/services on any such Platforms accessible via any link(s) on Risify Platform. All content on third party Platforms is outside of our control, and we do not represent or warrant that such content is related to us or Risify Platform, or is suitable or appropriate for use or viewing, lawful or accurate.
- Any third-party Platform accessible via a link on Risify Platform may collect and process your information. We are not responsible for any data-processing activities carried out by any third-party Platform which is linked to/from Risify Platform, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their Platform and its features.
Links to Risify Platform
- You should not link to Risify Platform without our prior written consent.
- Where you have obtained our consent to link to Risify Platform:
- you may provide links to Risify Platform on other Platforms owned by you, provided that such Platforms and the use of any links to Risify Platform comply with this Terms of Use;
- wherever you post a link to Risify Platform on any other Platform, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us or any other party, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
- you must not link to Risify Platform in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us in any event, without having first obtained our prior written consent.
- We may withdraw permission to link to Risify Platform at any time. In the event that we withdraw permission to link to Risify Platform and inform you through any means of communication of the same, you must immediately remove or cause to be removed any links to Risify Platform.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
- We exclude all our liability to you where it would be lawful to do so, except for the cases wherein liability is enforced regulatorily or by any law as applicable to us. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
- Subject to the aforesaid, in No event shall we (including our parents, subsidiaries, affiliates, associates, officers, directors, shareholders, employees or agents) under any circumstances whatsoever be liable to you for any loss, damage (whether direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) costs, expenses, liabilities or penalties, whether in contract, tort, breach of statutory duty or otherwise, whether foreseeable or unknown, arising from, in connection with or relating to:
- Advice given through the Risify Platform;
- Services rendered through the Risify Platform;
- Your use of the Risify Platform;
- Any corruption or loss of data;
- Any inability to access or use our Risify Platform, including, without limitation, any interruptions, suspension or withdrawal of Risify Platform (for any reason whatsoever);
- Any use you make of any content or materials on Risify Platform, including any reliance you make on such content or material;
- Any loss of savings, profits, sales, business or revenue;
- Any loss of reputation or goodwill;
- Any loss of a chance or opportunity; or
- Any other secondary, consequential, Notional or indirect losses. And even if we have been advised of the possibility of such loss or damage, without limitation, you assume and shall be liable for the entire cost of all necessary servicing, repair or correction in the event of any such loss, damage, costs, expenses, liabilities or penalties arising.
- We shall not be liable for any damage arising out of services rendered through Risify platform that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- You confirm that you have the requisite knowledge, expertise and experience to understand the risks involved in transacting any product or service offered through the Risify Platform.
- You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
- You agree that in the event that you incur any damages, losses or injuries arising out of, or in connection with, our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Platform, service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Platform, property, product, service, or other content owned or controlled by us.
- To the extent that any of the provisions under any of the act are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law
INDEMNIFICATION
- You (and also any third party for or on behalf of whom you operate an account or activity on Risify Platform) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on Risify Platform or those conducted on your behalf):
- your uploads, access to or use of the Risify Platform;
- your breach or alleged breach of these Terms of Use or any document referred herein;
- your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
- your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
- any misrepresentation made by you.
- You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
DISCLAIMERS
- The Risify Platform is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
- The service;
- The Platform content;
- User content;
- The operations of the Platform; or
- Security associated with the transmission of information to the Platform. In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
- We do not represent or warrant that the services will be error-free or uninterrupted, that defects will be corrected, or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. We do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete or useful. You acknowledge that your use of the Risify Platform is at your sole risk. We do not warrant that your use of the Risify Platform is lawful in any particular jurisdiction, and we specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms of use.
- By accessing or using the Risify Platform you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
- We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.
Age restrictions on use of the Risify Platform
The Risify Platform and any products or services available on or via the Risify Platform are not intended for use by individuals under the age of 18.
- IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT ACCESS OR USE Risify PLATFORM, PURCHASE OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES OR SUBMIT ANY INFORMATION ABOUT YOU OR ANYONE ELSE TO US.
- We do not knowingly or intentionally process information about any individual under the age of 18.
Governing law and jurisdiction
- These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with the Indian Law.
- The courts/Tribunals/Authorities in India situated in New Delhi shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.
You agree and understand that:
- Risify may appoint third party/vendors/service providers to carry out its obligations under these Terms of Use.
- RISIFY may engage with group companies/third parties to promote the Risify Platform or products and services jointly or severally.
- RISIFY may be engaged in investment in the products and services offered by Risify Platform.
- RISIFY may subcontract or employ agents to carry out any functions or services relating to the Risify Platform or any of its obligations under the Terms of Use.
- The Risify Platform is primarily intended for the use by persons resident in India. Any use/access of the Risify Platform by any person, who is not resident of India, shall be at his/her sole responsibility including determining whether such use/access of the Risify Platform constitutes any breach under any applicable laws of India and his/ her country of residence. Such User will be solely and absolutely liable for any liability incurred by the Company and/or RISIFY in this regard and keep the Company and/ or RISIFY indemnified against any such liability.
- The Company and/ or RISIFY may collect your Personal Information (as defined under Information Technology Act, 2000 read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011) and the Company and/or RISIFY may use such information for providing appropriate services / products to the you.
- The Company and/or RISIFY may share your information (personal, transactional and behavioural) with its Group Companies / associates/ vendors / Service Providers/ business partners for promoting/ offering its and/or their products and services or for analytics purposes.
- The Company and/ or RISIFY/ their associates/ vendors/ business partners may record conversations with you for any purpose but not limited to quality control, record retention. The Company and/or RISIFY will keep such records confidential.
- That accessing, using and sharing your data obtained from Google will be governed by specific T&Cs mentioned in the Privacy Policy.
- The Company/RISIFY may provide various "Tools" or Analysis on Risify Platform. Any output of such tools/analysis only for informational purposes and should not be construed as advice. The Output is based on analysis by the Company and/or RISIFY of information obtained from various sources, which the Company and/or RISIFY believes to be true and correct. Such Output does not guarantee any specific performance/returns. You should take your own decision to execute any transaction based on your risk profile, investment objective, financial status, etc. The Company and/or RISIFY assumes no responsibility for the accuracy or otherwise of the Output.
- RISIFY is not providing any tax, legal advice as on date.
- The RISIFY operates and offers the services at Risify Platform strictly on a no-liability basis, with respect to any third-party product offered on Risify platform. The Company and/or RISIFY shall not be liable to you or any other third party for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure, Internet frauds or malfunction, or interruption/delay of business or due to any technology related risks) under any contract, negligence, strict liability or other Law or theory arising out of or in connection with the use or availing of such third party products or services or any contract or transaction entered into or executed in pursuance thereof (however arising, including negligence).
- The Risify Platform may provide referrals to third party content or links of third-party websites/apps, including companies that have a relationship with the Company and/or RISIFY. Our decision to provide referral information to a third party or to pass on an offer made by a third party or to provide a link from Risify Platform to a third-party website or app shall be for promotional, informational or educational purposes or as a convenience to you. By clicking those Links, provided on Risify Platform, you may be taken to other websites or apps without any prior intimation or indication of doing or having done so. The same shall not be construed as an endorsement of the third-party products, services, content, tools and information. These third-party links may not necessarily be screened or reviewed by the Company and/or RISIFY and hence, the Company and/or RISIFY do not, in any way, sponsor, certify or warrant the performance, operation, content or availability of such third-party links. You will use third-party content at your own risk. The Company and/or RISIFY is not responsible for any third party, their products or services their website or app, or any content that is made available through such third-party sites, nor do we make any warranties or representations, express or implied, regarding third party content on any third-party sites, and shall have no liability in relation to any of the foregoing. You shall agree to all the Terms of Use, disclaimers clauses and be liable to copyright owners of the hyperlinks appearing in the Risify Platform which is independent in itself and not connected. You shall further indemnify and keep indemnified the Company, Company's parent, partner's, subsidiaries, group and associate companies and its employees, directors, representatives and keep them harmless from any dispute(s) that may arise due to a violation/breach(s) of the Terms of Use of such hyperlink(s) by you. You will be solely responsible for maintaining the confidentiality of the account that you create on the Risify Platform.
- The information and views provided on Risify Platform are based on information available and believed to be correct to the best of knowledge. Although due care has been exercised to verify the accuracy of the information, the Company and/or RISIFY assumes no responsibility for the accuracy or for any loss arising out of any information contained therein.
- By downloading/accessing the Risify Platform, providing the relevant details, and accepting these Terms of Use, implies that you have provided expressed consent to be contacted by the Company and/or RISIFY/ their associates/ vendors / business partners (even though you may be in "National Do Not Call Registry") at the contact number, or electronic address provided by you while registering on the Risify Platform or applying for any Product / Service through the App/Website. You further agree to being contacted in any manner, including without limitation, SMS (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Risify Platform. RISIFY and its group companies that provide various services on Risify Platform may use registered customer's email addresses and other personally identifiable information to send product updates and marketing communications. To opt-out from such messages, click on the Unsubscribe link on any such email you receive from us. We may continue to use your email address to notify you of any critical administrative or operational updates.
You shall not -
- Restrict or inhibit any other person from accessing, using and enjoying the Risify Platform;
- Use the Risify Platform for any purpose that is unlawful in any jurisdiction or not permitted by the Terms of Use;
- Modify, copy, distribute, transmit, display, perform, publish, licence, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, facilities, products or services obtained on or through the Risify Platform, except as permitted by the copyright owner or other right holder thereof;
- Post, transmit and receive any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, without limitation, any information or statement constituting or encouraging conduct that would constitute sedition, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other Law;
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Company and/or RISIFY) or engage in spamming or flooding;
- Post transmit any spam mails, information or software which contains a virus, Trojan Horse, worm or other harmful component;
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Risify Platform for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
- Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the Risify Platform which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof;
- Attempt to decompile or reverse engineer any of the software available on the Risify Platform. You will not make any attempt to hack into Risify platform or otherwise attempt to subvert any firewall or other security measure of the Risify Platform and if you become aware of any shortcoming in the security on Risify platform you shall forthwith inform the Company and /or RISIFY of the same in writing.
- If the Risify Platform contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the Forum and is not getting shared outside the forum.
- You shall not host, display, upload, modify, publish, transmit, update or share any information on the Risify Platform, that:
- belongs to another person and to which you do not have any right to;
- 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any Law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 any other nation. Any content or comment uploaded by you, shall be subject to relevant Indian Laws and may be disabled, or and may be subject to investigation under appropriate Laws. Furthermore, if you are found to be in non-compliance with the Laws and regulations, these terms, or the Privacy Policy, the Company and / or RISIFY shall have the right to immediately terminate/block your access and usage of the Risify Platform and the Company and / or RISIFY shall have the right to immediately remove any non-compliant content and/or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company and / or RISIFY under the applicable Laws.
- That you irrevocably and unconditionally authorise the Company and/ or RISIFY to access all information relating to you, available on the Risify Platform, including personal Information, information relating to access and use of the Risify Platform by you, transactions entered by you, your behaviour etc subject to the Privacy Policy, all information submitted on or via the Website/App shall be deemed to be and remain the property of the Company and/or RISIFY; and the Company and/or RISIFY shall be free to use the same in any manner (including, but not limited to, usage of the data for prefill of the required information) amongst each other in order to provide service/products to you.
- The Company and / or its RISIFY may, at its sole discretion, without notice, suspend or terminate User ID, password or account or deny your access to all or part of the Risify Platform, if you engage in any conduct or activities that the Company and/ or RISIFY, believes in its sole discretion, violates any of the Terms of Use, rights of the Company and / or RISIFY, or is otherwise inappropriate for continued access to Risify Platform, and/or if it learns of User's death, bankruptcy or lack of legal capacity or of circumstances which impact your credit worthiness and/or directions from regulatory/government bodies/Law enforcement agencies/courts etc or for any other reason which it thinks fit and proper.
- If any dispute arises between the you and the Company and/or RISIFY (individually a "Party" and collectively "Parties"), in connection with validity, interpretation, implementation or alleged material breach of the Terms of Use or any document referred herein, the Parties shall endeavour to settle such dispute amicably. In case of failure of the Parties to settle such disputes within 15 days, either Party shall be entitled to refer the dispute to arbitration. The arbitration shall be conducted by a sole arbitrator mutually appointed. In case of disagreement (regarding the appointment of a sole arbitrator), the arbitration shall be conducted by three (3) arbitrators of which each Party shall appoint one (1) arbitrator and the third arbitrator shall be appointed by the two appointed arbitrators. The arbitration proceedings shall be conducted in New Delhi, India and the same shall be governed by the provisions of the Indian Arbitration & Conciliation Act, 1996, or any statutory modification as may be then in force. The language of arbitration shall be English.
- The failure or delay of the Company and / or RISIFY to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. No waiver on the part of the Company and / or RISIFY shall be valid unless it is in writing signed by it or on its behalf. A waiver of any right or provision by the Company and / or RISIFY on a particular occasion shall not prevent the Company and/or RISIFY from enforcing such right or provision on a subsequent occasion.
- If any provision of the Terms of Use shall held to be invalid or unenforceable by reason of any Law or any rule, order, judgment, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and You, Company and /or RISIFY, the court, tribunal or regulatory or self-regulatory agency or body should endeavour to give effect to the parties' intentions as reflected in the provision to the extent possible. The validity of the remaining provisions and conditions shall not be affected thereby, and these Terms of Use shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
- The Terms of Use, Privacy Policy and Terms and Conditions and use of or access to the Risify Platform are not intended to create an agency, partnership, joint-venture or employer-employee relationship between you and the Company and/or RISIFY, their business partners, vendors and third parties except where otherwise specifically agreed or appointed.
- The content presented at the Website may vary depending upon your browser version/ limitations.
The Company and/or RISIFY shall ensure functioning of the Risify Platform on a best effort basis. However, the Company and/or RISIFY has the right to monitor the functioning of the Risify Platform electronically or otherwise from time to time. The Company and/or RISIFY reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms of Use.
Grievance Redressal
Any complaints or concerns with regards to the content on the Risify Platform and/or comment and/or breach of these terms and/or to report any abuse of law, shall be immediately informed, with all the relevant details, to the designated Grievance Officer as mentioned below via in writing or through email to:
(Grievance Officer)
www.risify.ai[email protected]
B wing, Parinee Crescenzo, 1407, G Block BKC, Bandra East, Mumbai, Maharashtra 400051.
We request you to please provide the following information in your complaint:
- Identification of the information provided by you.
- Clear statement as to whether the information is Personal Information or Sensitive Personal Information.
- Your address, telephone number or e-mail address.