Terms & Conditions
Document Purpose
This document constitutes a legally binding agreement between the Investor and the Company (Operator), governing the terms, obligations, and rights related to investment contributions.
GENERAL PROVISIONS
1. Binding Agreement
This Agreement constitutes a legally binding contract between the Investor and Operator, governing the rights, obligations, and responsibilities of the parties with respect to investment contributions made under the Private Investment Program.
3. Acceptance
Investors acknowledge that participation in the Program is voluntary and that by contributing funds, they agree to be bound by the terms and conditions of this Agreement, including all provisions related to risk, profit calculation, reporting, and withdrawal.
4. Amendments
Any amendments to this Agreement shall be communicated in writing to Investors and shall become effective in accordance with the notice provisions specified herein (see Section Amendments and Notices).
DEFINITIONS
ACCEPTANCE OF TERMS
1. Acknowledgment and Consent
By contributing funds to the Program, the Investor acknowledges that they have fully read, understood, and accepted all terms, conditions, and provisions of this Agreement, including but not limited to clauses related to risk, profit distribution, reporting, and withdrawal procedures.
2. Voluntary Participation
The Investor confirms that their participation in the Program is entirely voluntary and that they are making investment decisions based on their own independent judgment and risk assessment, without undue influence or coercion.
3. Legal Compliance
The Investor warrants that they possess the legal capacity to enter into this Agreement and that their participation complies with all applicable laws and regulations in India, including but not limited to tax laws, anti-money laundering (AML) regulations, and know-your-customer (KYC) requirements.
4. Acceptance of Risk and Liability
By entering into this Agreement, the Investor expressly acknowledges and accepts all risks associated with the Program, including the risk of partial or total loss of invested capital, and agrees to hold the Operator harmless in the event of adverse financial outcomes, except in cases of gross negligence or willful misconduct.
5. Binding Effect
This Agreement shall be binding upon the Investor from the date of the first contribution of funds or the execution of this document, whichever occurs first, and shall remain in effect until all obligations under the Agreement have been fulfilled or the Agreement is terminated in accordance with its terms.
REGISTRATION AND INVESTOR ACCOUNTS
Investors must complete a registration process to participate in the Program. This process includes providing accurate personal and financial information, verifying identity in compliance with KYC (Know Your Customer) requirements, and agreeing to these Terms & Conditions.
Each Investor will be assigned a unique account through which they can track their investments, view reports, and manage their participation in the Program. The Operator reserves the right to reject any registration application at its sole discretion.
CONTRIBUTIONS AND MINIMUM INVESTMENT
The minimum investment amount required to participate in the Program shall be specified by the Operator and may vary depending on the project or investment opportunity. Investors must ensure that their contributions meet or exceed the minimum threshold.
All contributions must be made in the currency specified by the Operator and through approved payment methods. The Operator is not responsible for any fees, charges, or delays associated with the Investor's payment method.
Contributions are non-refundable except as expressly provided in these Terms & Conditions or as required by applicable law.
INVESTMENT PROJECTS
1. Project Selection
The Operator shall have sole discretion in selecting and managing investment projects. Investors acknowledge that project selection is based on the Operator's analysis and judgment.
2. Investment Period
Each investment shall have a defined period as specified by the Operator at the time of investment. The standard investment period ranges from 30 to 365 days unless otherwise agreed in writing.
3. Profit Calculation
Profits shall be calculated based on the net returns generated by the project, in accordance with GAAP and applicable Indian accounting standards. The Investor's share of profit shall be proportional to their investment contribution.
4. Manager Commission
The Operator reserves the right to deduct a management commission from project profits. The commission rate shall be disclosed to Investors prior to investment and shall not exceed 20% of net profits unless otherwise agreed.
5. Early Withdrawal
Early withdrawal of investments may be permitted at the Operator's discretion and may be subject to penalties or reduced returns. Investors must provide written notice of at least 15 business days for early withdrawal requests.
6. Risk Acknowledgment
Investors acknowledge that all investments carry inherent risks, including but not limited to market risk, liquidity risk, and operational risk. Past performance is not indicative of future results.
REPORTING AND PAYOUT
The Operator shall provide Investors with periodic reports detailing the performance of their investments, including profits earned, losses incurred, and any applicable fees or commissions. Reports will be made available through the Investor's account dashboard.
Payouts of profits shall be processed in accordance with the payout schedule specified for each project. The Operator reserves the right to delay payouts in cases of technical issues, regulatory requirements, or other circumstances beyond its control.
Investors are responsible for providing accurate payout information, including bank account details or wallet addresses. The Operator is not liable for delays or losses resulting from incorrect information provided by the Investor.
GUARANTEES AND RISK DISCLOSURES
NO GUARANTEES: The Operator makes no guarantees, warranties, or representations regarding the profitability or success of any investment made under this Program. All investments carry inherent risks, and Investors may lose some or all of their invested capital.
RISK FACTORS: Investors acknowledge that they have been informed of and understand the following risks:
- Market volatility and economic downturns
- Liquidity risk and inability to withdraw funds immediately
- Operational risks related to project management
- Regulatory changes affecting investment returns
- Force majeure events beyond the Operator's control
By participating in the Program, Investors acknowledge that they have carefully considered these risks and are making investment decisions based on their own independent judgment and risk tolerance.
CONFIDENTIALITY AND DATA PROTECTION
The Operator is committed to protecting the privacy and confidentiality of Investor information in accordance with applicable data protection laws, including the Information Technology Act, 2000, and the Personal Data Protection Bill (when enacted).
Investor information, including personal and financial data, will be collected, stored, and processed solely for the purposes of administering the Program, complying with legal obligations, and providing services to Investors.
The Operator will not disclose Investor information to third parties except as required by law, with the Investor's consent, or as necessary to fulfill obligations under this Agreement.
Investors have the right to access, correct, or request deletion of their personal data, subject to legal and regulatory requirements.
AMENDMENTS AND NOTICES
The Operator reserves the right to amend these Terms & Conditions at any time. Any amendments will be communicated to Investors in writing via email or through their account dashboard at least 15 business days prior to the amendments taking effect.
By continuing to participate in the Program after the effective date of any amendments, Investors acknowledge and accept the revised Terms & Conditions.
All notices, communications, and reports required under this Agreement shall be delivered electronically to the email address provided by the Investor during registration. Investors are responsible for ensuring that their contact information is current and accurate.
Notices shall be deemed received on the date of electronic delivery or, if delivery fails due to incorrect contact information, on the date of attempted delivery.
LEGAL COMPLIANCE
This Agreement and the Program shall be governed by and construed in accordance with the laws of India, including but not limited to:
- The Indian Contract Act, 1872
- The Companies Act, 2013
- Securities and Exchange Board of India (SEBI) regulations, where applicable
- The Information Technology Act, 2000
- Anti-Money Laundering (AML) and Know Your Customer (KYC) regulations
Investors warrant that their participation in the Program complies with all applicable laws and regulations in their jurisdiction of residence. Investors are solely responsible for determining and fulfilling their tax obligations arising from participation in the Program.
The Operator reserves the right to refuse service to any individual or entity if such service would violate applicable laws or regulations.
LIABILITY AND DISCLAIMERS
LIMITATION OF LIABILITY: To the maximum extent permitted by law, the Operator shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to the Investor's participation in the Program, including but not limited to loss of profits, loss of data, or business interruption.
The Operator's total liability to any Investor under this Agreement shall not exceed the amount of the Investor's original investment contribution.
DISCLAIMER OF WARRANTIES: The Program and all related services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
INDEMNIFICATION: Investors agree to indemnify, defend, and hold harmless the Operator and its representatives from any claims, liabilities, damages, losses, or expenses arising from the Investor's breach of this Agreement or violation of applicable laws.
DISPUTE RESOLUTION AND GOVERNING LAW
GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in [City], India.
DISPUTE RESOLUTION PROCESS: In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter through good faith negotiations.
If the dispute cannot be resolved through negotiations within 30 days, the parties agree to submit the dispute to mediation in accordance with the rules of the Indian Council of Arbitration or a mutually agreed mediation service.
ARBITRATION: If mediation fails to resolve the dispute, the parties agree to submit the matter to binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or failing agreement, appointed in accordance with the Act.
The language of arbitration shall be English, and the seat of arbitration shall be [City], India. The decision of the arbitrator shall be final and binding on both parties.
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