DEFINITIONS
1. “We”, “Us”, “Our”, “Company” - shall refer to Valiant Fintech Private Limited and its group entities.
2. “You”, “Yours”, “Yourself”, “User”, “BeyondIRR User” - refers to any individual, non- individual or corporate body.
3. “Government Authority” shall mean any national, state, local, provincial, municipal, district or other sub-division governmental authority, statutory authority including Securities and Exchange Board of India (SEBI), Reserve Bank of India (RBI), Insurance Regulatory Development Authority of India (IRDAI), CDSL, NSDL, government department, administrative authority including (Indian) stock exchange such as NSE, BSE, commission, board, tribunal or court or other law, rule or regulation making entity or competent authority.
4. “Third Party Service Provider(s)” means and includes company, vendors, business partners, banks & financial institutes or any such entity whose facilities are used by Company(s) to provide the various Services.
5. “Terms” or “Terms of Use”- are interchangeably used and shall have the same meaning.]

You hereby understand that, the specific products / services availed by You may have their own additional / supplemental terms and conditions and You unequivocally grant Your consent to abide and remain compliant with the said additional / supplemental terms and conditions. When You use any of the Services, You shall also be subjected to comply with applicable law(s), rule(s), guideline(s), notification(s), circular(s), or such other directive(s) issued by applicable Government Authority. You acknowledge and understand that these Terms of Use along with additional / supplemental terms and conditions shall be read harmoniously. Company reserves right change / amend / modify these Terms or the additional / supplemental terms and conditions at any time, without notice.

TERMS OF USE


By registering on BeyondIRR Platform and/or the Sites, you agree, declare and represent that:

1. You are 18 years of age or older and where you are acting as guardian on behalf of a minor, you have necessary authority to register / sign up for the Services on behalf of the minor. You hereby unconditionally and unequivocally agree to promptly furnish and/or execute such additional document(s) (as may be requested from time to time), to establish Yourself as lawful guardian and to continue Your access to the Services.
2. You are capable of entering into legally binding contract and that You are not barred or otherwise legally prohibited to use the Services.
3. You agree that you will be allowed to make any transaction through the BeyondIRR Platform and/or the Sites when you complete the know your client (“KYC”) process and provide the complete information including personal information in accordance with the KYC guidelines as issued by SEBI and/or IRDAI and/or any other regulatory body, government authorities, competent authority from time to time. For availing various Services, You hereby grant your consent and permit Company to share your KYC information with its group entities, and/or with Third Party Service Providers offering your various products and services, to enable them to promptly respond to your queries / interests. The collection, processing, storage, and sharing of Your information is further governed by Company’s Privacy Policy.
4. You shall always ensure that Your use of BeyondIRR Platform and/or the Sites and/or reasons to avail Services shall be strictly for valid, lawful purpose. You shall remain fully responsible for all activities, transactions placed / requested on BeyondIRR Platform and/or the Sites.
5. You agree that transactions made through BeyondIRR Platform and/or the Sites shall be through your own bank account only and the said transactions do not violate or contravene to any law for the time being in force including Income Tax Act, anti-money laundering laws, anti-corruption laws, prevention of money laundering act etc. and the rules made thereunder.
6. You shall be responsible to maintain confidentiality of your BeyondIRR Platform and/or the Sites account including your log-in credentials & OTPs. You understand that Company is merely facilitating you to secure your account on good-faith basis and as such Company assumes no responsibility or liability towards any losses, frauds, unauthorized transactions that may happen or you may suffer
7. You shall not do or attempt to do any of the following acts: (i) impersonate any person or entity, or falsely stating your age or affiliation with any person or entity; (ii) posts any third-party intellectual property rights or other property rights infringing contents; (iii) act in violation or contravention to any law for the time being in force; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of BeyondIRR Platform and/or the Sites or any part thereof; (iv) engage in, post, or transmit any message which is libellous, defamatory, pornographic, vulgar or offensive in nature or otherwise inconsistent with or contrary to the laws in force
8. The information You provide when You register on the BeyondIRR Platform and/or the Sites is complete, true, correct, updated, accurate and belongs to You.
9. You shall remain responsible to notify to the Company of any material change in your personal information and/or profile. Company would be entitled to rely on the most recent information provided by You.
10. You agree to be contacted by Company (including its employees, representatives, officers, partners etc.), Third Party Service Providers over phone and/or e-mail and/or SMS/and or push notifications or any other form of electronic communication. This consent overrides any registration for DNC/NDNC. You agree and confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS from the Company. You agree to take steps to deregister from the DND list and shall not hold Company liable for non-receipt of SMS.
11. You hereby unequivocally grant Company the right and authority to use your contact details as furnished by You at the time of registering on BeyondIRR Platform and/or the Sites as your primary, valid and default communication address for any and all Services. You cannot hold Company liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
12. You understand that You shall be responsible for maintaining the confidentiality of your information and You are fully responsible for all activities that occurs on BeyondIRR Platform and/or the Sites under your login. You also agree to always keep your login credentials safe, secure and confidential. You shall continue to be responsible for the activity, transactions on BeyondIRR Platform and/or the Sites, if you knowingly or negligently (i) grant any other person access to your login, (ii) permit any other person to transact, or (iii) transact on any other person’s behalf or directions in any manner whatsoever. Company cannot and shall not be liable for any losses or damages arising from Your failure to comply with these provision(s).
13. You acknowledge that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of either Company or its respective Third Party Service Providers. The permission given by Company to access BeyondIRR Platform and/or the Sites will not convey or grant any proprietary or ownership rights in the above software/hardware.
14. The Company is not responsible for the availability of content or other services on third party sites linked from BeyondIRR Platform and/or the Sites. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Company in any way. The Company urges You to read the terms of use, privacy policy and/or other conditions available on respective third party sites, before accessing or registering with any of such third party sites. Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.
15. You agree that You will not use the BeyondIRR Platform and/or the Sites for any purpose that is unlawful or prohibited by these Terms. You also agree You will not use the BeyondIRR Platform and/or the Sites in any manner that could damage, disable or impair the application or interfere with any other party’s use, legal rights, or enjoyment of the application. You hereby represent and warrant that you shall make use of the BeyondIRR Platform and/or the Sites as a prudent, reasonable and law-abiding citizen and you shall comply with relevant applicable laws.
16. The Company can Third Party Service Providers for payment gateway services, account aggregator services etc. The engagement of these Third-Party Service Providers is to facilitate users to provide Services seamlessly and securely on BeyondIRR Platform and/or the Sites. However, Company assumes no responsibility or liability in any manner whatsoever, for any delayed or non-processing of transactions. You understand that Company and/or partnered financial institutes shall be well within its rights to not to act and/or suspend the services if the transaction is not successful or delayed credit of transactions takes place. You understand and accept the risk associated with processing of online transactions and agrees that Company shall not in any manner whatsoever be responsible to You for any losses, cost, interest, penalties, levies, charges or such amount that may be recoverable from you due to delay in or non-processing of transaction is levied. It is advised that, You should diligently keep track of all your payments are done in timely and successful manner.
17. Neither Company nor any of our directors, employees or agents shall be liable for any advice or representation made by it/him/her hereinunder and it will be Your responsibility to make an independent assessment pursuant to the availing/using of the BeyondIRR Platform and/or the Sites/Services or availing any product or services.
18. You acknowledge and agree that Company do not guarantee that availing of the services from the BeyondIRR Platform and/or the Sites will result in profits or avoid losses or meet the objectives, including Your investment objectives, or that availing / using of the services / BeyondIRR Platform and/or the Sites will not at any time be affected by adverse tax consequences, technical failures, timely regulatory compliance to a new law. Company shall not be liable to You for any error of judgement or loss suffered by You in connection with the services provided to you.
19. Company does not provide investment advisory services, and anything contained or provided on BeyondIRR Platform and/or the Sites should be considered as investment advice.
20. You agree and understand that by availing the Services You shall be bound by our Privacy Policy and your information provided on the BeyondIRR Platform and/or the Sites shall be shared with business partners.

CONFIDENTIALITY


You acknowledge that, in the course of Your relationship with Company and in using the services, you may obtain information relating to the services and/or Company (“Proprietary Information”). Such Proprietary Information shall belong solely to Company and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:

1. You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of Company unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.
2. You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.

BeyondIRR Platform and/or the Sites is protected by copyright, trademarks, patents, trade secret and/or other relevant intellectual property laws. No information, content or material from BeyondIRR Platform and/or the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Company's express written permission. You are hereby given a limited licence to use the BeyondIRR Platform and/or the Sites for your personal and non-commercial use, subject to your agreement of these Terms. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the BeyondIRR Platform and/or the Sites.

You agree that during your use and access of the BeyondIRR Platform and/or the Sites and/or availing of the services offered by the BeyondIRR Platform and/or the Sites, you will provide Us with certain information and other data as mentioned under these Terms of Use herein which may or may not be otherwise publicly available. Please note that We respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by You under these Terms of Use, are governed under the Privacy Policy which is available at https://www.beyondirr.tech/privacy. By using and visiting the BeyondIRR Platform and/or the Sites and availing BeyondIRR Platform and/or the Sites Services, you also agree to our Privacy Policy.

LIMITATION OF LIABILITY, INDEMNITY, AND WARRANTY


You acknowledge that, in the course of Your relationship with Company and in using the services, you may obtain information relating to the services and/or Company (“Proprietary Information”). Such Proprietary Information shall belong solely to Company and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:

1. In no event shall Company or its directors, employees, associates, partners, or suppliers will be liable to you for any loss or damage that may cause or arise from or in relation to these Terms of Use or due to use of this BeyondIRR Platform and/or the Sites or due to investments made using this BeyondIRR Platform and/or the Sites or availing any product or services from any third-party service provider.
2. You agree to indemnify Company or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the BeyondIRR Platform and/or the Sites (ii) non-performance and/or non-observance of the duties and obligations under these Terms of Use or due to your acts or omissions (iii) any act, neglect, misconduct or fraud on your part.
3. You warrant that all the details and information provided by you to Company or its directors, employees, associates, partners, or suppliers while using this BeyondIRR Platform and/or the Sites (including for the purposes of carrying out investments) shall be updated, correct, accurate, complete and genuine.
4. You shall be solely responsible for any investment decision taken by You on the Services and Company shall not be liable for any loss or damage caused to you or other users of this BeyondIRR Platform and/or the Sites due to such investment decision, or any kind of reliance upon it. You expressly agree that use of the BeyondIRR Platform and/or the Sites is at your sole risk.
5. To the fullest extent permissible pursuant to applicable law, Company and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Company or through the BeyondIRR Platform and/or the Sites will create any warranty or guarantee other than those expressly stated herein.

The Company have the right to charge its Users a fee for availing the Services, as applicable for any specific product / services been offered on BeyondIRR Platform and/or the Sites. The applicable fees will be made available at the time of registration and/or on its applicability and/or under the relevant product / services section. Company may change fee structure as it determines in its sole discretion from time to time. All charges and fees shall be exclusive of taxes and all Government taxes including but not limited to GST shall be payable by you. Please note the charges / fees applicable shall be non-transferable, nonrefundable and non-cancellable in nature.

The user agrees and understands that the beyondirr platform and/or the sites is provided by us on an “as is” and “as available” basis and we make no representations or warranties of any kind, express or implied, as to the operation of the beyondirr platform and/or the sites or the information, content included on the beyondirr platform and/or the sites. You expressly agree that your use of the beyondirr platform and/or the sites is at your sole risk. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied. We do not warrant that the beyondirr platform and/or the sites, its servers, or email/ other communication sent from the beyondirr platform and/or the sites are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the beyondirr platform and/or the sites, including, but not limited to direct, indirect, incidental, punitive and consequential damages. all investments are subject to market risks. Read all scheme related things carefully. Past performance is not an indicator of future returns. All interaction, communication, dealing, or transaction between the users and the third-party provider in respect of any products/services offered by the third-party provider is a separate and independent transaction between the user and such thirdparty provider without any liability accruing to or on us for any matters arising out of or in relation to the same. The user expressly agrees and acknowledges to hold harmless us in respect of any cost, claims, damage, loss or expenses accrued, suffered, incurred by us or any third party arising out of or in connection with any such communication, interaction, dealings and transactions between the user and third-party providers. The user acknowledges that we do not have any control over such dealings and transactions and plays no determinative role in the performance in respect of the same and we shall not be liable for the outcomes of such communication, interaction, dealings and transactions between the users and the third-party providers. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party provider in any manner and we will not be a party to or in any way be responsible for any transaction between you and such party provider. As with the purchase of a product or service through any medium through such third-party provider, you should use your best judgment and exercise caution where appropriate. The logos/ trademarks advertised in the platform are the property of respective trademark owners and by displaying it has no right, title, interest over it. The user expressly agrees that the company is not liable or responsible and does not represent or warrant for any damages / any loss of interest and/ or opportunity loss and /or any loss arising due to movement of net asset value (nav), notional or otherwise due to non-execution of orders or any incorrect execution of orders with regard to the mutual funds chosen by the user due to, but not being limited to, any link/system failure, sufficient/insufficient funds in the user’s bank account which may occur at user’s end. Mutual fund investments are subject to market risks, read all scheme related documents carefully. This is in no way to be considered as an advice or recommendation. Mutual funds transaction facilitation services are provided by the company in partnership with its service providers. Past performance is not indicative of future returns. Performance and returns of any investment portfolio can neither be predicted nor guaranteed. Mutual fund investments are not exchange traded services. The company acts in the capacity of facilitator of this product. The company is only providing technology services and all disputes with respect to mutual fund investments would not have access to investor redressal or arbitration mechanism in india. The company accept no liabilities for any loss or damage of any kind arising out of any action by the user.

If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Company shall not be liable for any failure to perform any of its obligations under these Terms of Use or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.

All illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

No failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right

You agree that we may transfer, subcontract or otherwise deal with our rights and/or obligations under these Terms of Use at any time without any further notice. You agree that you cannot assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any party.

Any dispute, controversy, claims or disagreement of any kind whatsoever between the parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator appointed by Company, through arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be at Mumbai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) Company has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Mumbai, India.

These Terms, together with the other laws, guidelines, rules, (additional / supplemental) terms & conditions and/or policies of the BeyondIRR Platform and/or the Sites, including the Privacy Policy and any other arrangement/agreement in relation the Services, constitute the entire agreement between the User and the Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and Us pertaining to the subject matter hereof.

Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the parties prior to such termination.

Company shall provide assistance and co -ordinate with the Users in case of any issues / queries raised by the User and shall resolve the queries on the best effort basis.

Company reserves the right to change, amend, or modify, from time to time, any provision related to the BeyondIRR Platform and/or the Sites (including BeyondIRR Platform and/or the Sites Service(s)) or these Terms of User, which also include, changing of the extent and scope of the services and/or include any other category, service, facility or feature at the sole discretion of the Company. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via BeyondIRR Platform and/or the Sites. You can determine when these Terms of Use were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By using the services provided through this BeyondIRR Platform and/or the Sites, you shall be deemed to have accepted the Terms herein including the amended Terms published on the BeyondIRR Platform and/or the Sites from time to time. Your continued use of the BeyondIRR Platform and/or the Sites following the posting of changes means that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the BeyondIRR Platform and/or the Sites. It is, further, clarified that the User’s use and access of the BeyondIRR Platform and/or the Sites, the Service is subject to the most recent version of these Terms made available on the BeyondIRR Platform and/or the Sites at the time of such use.