Data and information is provided for informational purposes only, and is not intended
for any other purposes. Neither Growthvistas, Strugence Business Platforms Private
Limited nor any of its data or content providers shall be liable for any errors
or delays in the content, or for any actions taken in reliance thereon. By accessing
the Growthvistas website, a user agrees not to redistribute the information found
therein. The services which users may access through the links in the Growthvistas
website are services of the listed independent firms or companies. In order to use
these services, one must have an existing account with any of such firms or companies
or may be required to set up such an account with such firms or companies. Growth
Vistas may provide customized links to selected firms or companies for convenience
purposes only. Growthvistas is not a financial, tax, accounting or investment consultant
or professional, nor is it a registered broker-dealer, and does not endorse or recommend
the services of any firm or company. The firms or companies whom the user of the
Growthvistas website selects are solely responsible for the services rendered to
the user of the Growthvistas website. Growthvistas shall not be liable for any
damages or costs of any type arising out of, or in any way connected with, the use
of the Growthvistas website or with the user of the Growthvistas website using
the services of any firm or company mentioned or otherwise referred to on the Growth
Vistas website.
Further, the user of the Growthvistas website is urged to consult the "Legal" link
of the Growthvistas website which sets-out the Terms of Use of the Growthvistas
website, as well as the Growthvistas Acceptable Use Policy, as may be amended at
any time and from time to time.
1. ACCEPTANCE OF TERMS
Welcome to the Growthvistas website. Growthvistas provides its service to the
user of the Growthvistas website, subject to the following Terms of Service ("TOU")
and to the those terms and conditions set out in the subscription documentation
you agreed to when you signed on to the Growthvistas and the Growthvistas Acceptable
Use Policy, all of which may be updated by Growthvistas from time to time without
notice to the user. The user of the Growthvistas website can review the most current
version of the TOU at any time by accessing the "Legal" link of the Growthvistas
website. In addition, when using particular Growthvistas services, the user of
the Growthvistas website and Growthvistas shall be subject to any posted guidelines
or rules applicable to such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the TOU. Growth
Vistas also may offer other services from time to time, which may be governed by
different Terms of Use. These TOU do not apply to such other services.
2. DESCRIPTION OF SERVICE
Growthvistas currently provides users with access to a broad range of financial,
investment, tax, accounting and other resources, directly, as well as through its
network of contacts and service providers (the "Service"). The user of the Growth
Vistas website also understands and agrees that the Service may include advertisements
and that these advertisements may be necessary for Growthvistas to provide the
Service. Unless explicitly stated otherwise, any new features that augment or enhance
the current Service shall be subject to the TOU. The user of the Growthvistas website
understands and agrees that the Service is provided "AS-IS" and that Growthvistas
assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
The user of the Growthvistas website is responsible for obtaining access to the
Service and that access may involve third party fees (such as Internet service provider
or airtime charges). The user of the Growthvistas website is responsible for those
fees, including those fees associated with the display or delivery of advertisements.
In addition, the user of the Growthvistas website must provide and is responsible
for all equipment necessary to access the Service.
3. REGISTRATION OBLIGATIONS
In consideration of the user of the Growthvistas website using the Service, the
user of the Growthvistas website agrees to: (a) provide true, accurate, current
and complete information about the user of the Growthvistas website as prompted
by the Service's registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If the user of the Growthvistas website provides any information
that is untrue, inaccurate, not current or incomplete, or Growthvistas has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
AGrowthvistas has the right to suspend or terminate the account of the user of
the Growthvistas website and refuse any and all current or future use of the Service
(or any portion thereof).
4. Growthvistas PRIVACY POLICY
Registration Data and certain other information about the user of the Growthvistas
website are subject to our Privacy Policy. For more information, see our full privacy
policy by accessing the "Privacy Policy" link of the Growthvistas website.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
The user of the Growthvistas website is responsible for maintaining the confidentiality
of the password and account, and is fully responsible for all activities that occur
under its password or account. The user of the Growthvistas website agrees to (a)
immediately notify Growthvistas of any unauthorized use of its password or account
or any other breach of security, and (b) ensure that the user of the Growthvistas
website exits from its account at the end of each session. Growthvistas cannot
and will not be liable for any loss or damage arising from failure of the user of
the Growthvistas website to comply with this Section 5.
6. MEMBER CONDUCT
The user of the Growthvistas website understands that all information, data, text,
software, sound, photographs, graphics, video, messages or other materials (the
"Content"), whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that the user of the
Growthvistas website, and not Growthvistas, is entirely responsible for all Content
that the user of the Growthvistas website upload, post, email, transmit or otherwise
make available via the Service. Growthvistas does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. The user of the Growthvistas website understands that by using
the Service, the user of the Growthvistas website may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will Growthvistas
be liable in any way for any Content, including, but not limited to, any errors
or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
The user of the Growthvistas website agrees to not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a Growthvistas
official, forum leader, guide or host, or falsely state or otherwise misrepresent
the affiliation of the user of the Growthvistas website with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
e) upload, post, email, transmit or otherwise make available any Content that the
user of the Growthvistas website do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
g) upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chGrowth
Vistas letters," "pyramid schemes," or any other form of solicitation, except in
those areas (if any) that are expressly designated for such purpose;
h) upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
j) interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
k) intentionally or unintentionally violate any applicable local, state, provincial,
national or international law, including, but not limited to, regulations promulgated
by any National, State, Provincial or other Securities Commission or authority,
any rules of any national or other securities exchange and any regulations having
the force of law;
l) stalk or otherwise harass another; or
m) collect or store personal data about other users.
The user of the Growthvistas website acknowledges that Growthvistas does not pre-screen
Content, but that Growthvistas and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, Growthvistas and its designees
shall have the right to remove any Content that violates the TOU or is otherwise
objectionable. The user of the Growthvistas website agrees that it must evaluate,
and bear all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content. In this regard, the
user of the Growthvistas website acknowledges that the user of the Growthvistas
website may not rely on any Content created by Growthvistas or submitted to Growth
Vistas, including without limitation information in Growthvistas Message Boards
and in all other parts of the Service.
The user of the Growthvistas website acknowledges and agrees that Growthvistas
may preserve Content and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the rights, property,
or personal safety of Growthvistas, its users and the public.
The user of the Growthvistas website understands that the technical processing
and transmission of the Service, including the Content of the user of the Growth
Vistas website, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, the user of the Growthvistas website
agrees to comply with all local rules regarding online conduct and acceptable Content.
Specifically, the user of the Growthvistas website agrees to comply with all applicable
laws regarding the transmission of technical data exported from the UK, United States,
Canada or the country in which the user of the Growthvistas website resides.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Growthvistas does not claim ownership of Content the user of the Growthvistas
website submits or makes available for inclusion on the Service. However, with respect
to Content the user of the Growthvistas website submits or makes available for
inclusion on publicly accessible areas of the Service, the user of the Growthvistas
website grants Growthvistas the following world-wide, royalty free and non-exclusive
license(s), as applicable:
With respect to Content the user of the Growthvistas website submits or makes available
for inclusion on publicly accessible areas of Growthvistas Message Boards and Growth
Vistas Groups, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the purposes
of providing and promoting the specific Growthvistas Message Board or Growthvistas
Group to which such Content was submitted or made available. This license exists
only for as long as the user of the Growthvistas website elects to continue to
include such Content on the Service and will terminate at the time the user of the
Growthvistas website removes or Growthvistas removes such Content from the Service.
With respect to photos, graphics, audio or video the user of the Growthvistas website
submits or makes available for inclusion on publicly accessible area of the Service
other than Growthvistas Message Boards or Growthvistas Groups, the license to
use, distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purpose for which such Content was submitted
or made available. This license exists only for as long as the user of the Growth
Vistas website elects to continue to include such Content on the Service and will
terminate at the time the user of the Growthvistas website removes or Growthvistas
removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video the user of
the Growthvistas website submits or makes available for inclusion on publicly accessible
areas of the Service other than Growthvistas Message Boards or Growthvistas Groups,
the perpetual, irrevocable and fully sub-licensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Growthvistas's
network of properties that are intended by Growthvistas to be available to the
general public. By way of example, publicly accessible areas of the Service would
include Growthvistas Message Boards and portions of Growthvistas Groups that are
open to both members and visitors. However, publicly accessible areas of the Service
would not include portions of Growthvistas Message Boards and Growthvistas Groups
that are limited to members, Growthvistas services intended for private communication,
or areas off of the Growthvistas's network of properties such as portions of World
Wide Web sites that are accessible through the Growthvistas but are not hosted
or served by the Growthvistas.
9. INDEMNITY
The user of the Growthvistas website agrees to indemnify and hold Growthvistas,
and its subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content the user of the Growth
Vistas website submits, posts, transmits or makes available through the Service,
the use of and connection to the Service by, the user of the Growthvistas website,
the violation of the TOU or of any rights of another by the user of the Growthvistas
website.
10. NO RESALE OF SERVICE
The user of the Growthvistas website agrees not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service, including any intellectual property
rights of Growthvistas or any person firm or corporation having posted information
for availability through the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
The user of the Growthvistas website acknowledges that Growthvistas may establish
general practices and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number of email messages
that may be sent from or received by an account on the Service, the maximum size
of any email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Growthvistas's servers on behalf
of the user of the Growthvistas website, and the maximum number of times (and the
maximum duration for which) the user of the Growthvistas website may access the
Service in a given period of time. The user of the Growthvistas website agrees
that Growthvistas has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content maintained or transmitted
by the Service. The user of the Growthvistas website acknowledges that Growthvistas
reserves the right to log off accounts that are inactive for an extended period
of time. The user of the Growthvistas website further acknowledges that Growth
Vistas reserves the right to change these general practices and limits at any time,
in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Growthvistas reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. The user of the Growthvistas website agrees that Growthvistas
shall not be liable to the user of the Growthvistas website or to any third party
for any modification, suspension or discontinuance of the Service.
13. TERMINATION
The user of the Growthvistas website agrees that Growthvistas, in its sole discretion,
may terminate the password, account (or any part thereof) of the user of the Growth
Vistas website or the use of the Service, and remove and discard any Content within
the Service, for any reason, including, without limitation, for lack of use or if
Growthvistas believes that the user of the Growthvistas website has violated or
acted inconsistently with the letter or spirit of the TOU or the Growthvistas Acceptable
Use Policy. Growthvistas may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. The user of
the Growthvistas website agrees that any termination of the user's access to the
Service under any provision of this TOU may be effected without prior notice, and
acknowledges and agrees that Growthvistas may immediately deactivate or delete
the user's account and all related information and files in the user's account and/or
bar any further access to such files or the Service. Further, the user of the Growth
Vistas website agrees that Growthvistas shall not be liable to the user of the
Growthvistas website or any third-party for any termination of its access to the
Service. On termination of account, fees or charges including registration fees
etc. will not be refunded.
14. DEALINGS WITH ADVERTISERS
The correspondence or business dealings, or participation in promotions of, advertisers
found on or through the Service by the user of the Growthvistas website, including
payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
the user of the Growthvistas website and such business, promoter or advertiser.
The user of the Growthvistas website agrees that Growthvistas shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such businesses, promoters or advertisers
on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Growthvistas has no control over such sites and
resources, the user of the Growthvistas website acknowledges and agrees that Growth
Vistas is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. The user
of the Growthvistas website further acknowledges and agrees that Growthvistas
shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or resource.
16. Growthvistas'S PROPRIETARY RIGHTS
The user of the Growthvistas website acknowledges and agrees that the Service and
any necessary software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable intellectual
property and other laws. The user of the Growthvistas website further acknowledges
and agrees that Content contained in sponsor advertisements or information presented
to the user of the Growthvistas website through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by Growthvistas or advertisers, the user of
the Growthvistas website agrees not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in whole or in
part.
Growthvistas grants the user of the Growthvistas website a personal, non-transferable
and non-exclusive right and license to use the Service; provided that the user of
the Growthvistas website does not (and does not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Growthvistas website, the Software
or the Content. The user of the Growthvistas website agrees not to modify the Software
in any manner or form, or to use modified versions of Growthvistas website, the
Software or the Content, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. The user of the Growthvistas website agrees
not to access the Service by any means other than through the interface that is
provided by Growthvistas for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
The user of the Growthvistas website expressly understands and agrees that:
a) Its use of the Service is at its sole risk. The Service is provided on an "AS
IS" and "AS AVAILABLE" basis. Growthvistas expressly disclaims all warranties of
any kind, whether express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose and non-infringement.
b) Growthvistas makes no warranty that (i) the service will meet the requirements
of the user of the Growthvistas website, (ii) the Service will be uninterrupted,
timely, secure, or error-free, (iii) the results that may be obtained from the use
of the Service will be accurate or reliable, (iv) the quality of any products, services,
information, or other material purchased or obtained by the user of the Growthvistas
website through the service will meet its expectations, and (v) any errors in the
Software will be corrected.
c) Any material downloaded or otherwise obtained through the use of the Service
is done at the sole discretion and risk of the user of the Growthvistas website
and that it will be solely responsible for any damage to its computer system or
loss of data that results from the download of any such material.
d) No advice or information, whether oral or written, obtained by the user of the
Growthvistas website from Growthvistas or through or from the Service shall create
any warranty not expressly stated in the TOU.
e) It waives any claims it now has, or in the future may have, which gives or provides
the user of the Growthvistas with any cause of action whatsoever.
f) Notwithstanding any other provisions herein, user of the Growthvistas acknowledges
that neither the Growthvistas or its Contributors, nor their affiliates or representatives
shall be liable to the user of the Growthvistas, for special, incidental or consequential,
special, direct or indirect damages arising directly or indirectly from any occurrence
whatsoever (including without limitation loss of profits, loss of business opportunity,
loss of property, of any nature whatsoever), whether or not such damages were foreseeable
by the Growthvistas or its Contributors or any one of them was advised of the possibility
of such damages and whether otherwise arising from any contractual, tortious acts
or omissions of either party or of their respective affiliates or representatives,
and whether or not it had any knowledge, actual or constructive, that such damages
might be incurred for having relied on the material, information, data or the Content
presented or forming part of any of the Growthvistas website, to make personal,
medical, legal, tax, accounting, investment or financial decisions.
g) The user of the Growthvistas accepts total responsibility for any agreement,
understanding or relationship the user of the Growthvistas enters into with any
of the Contributors. Further, the user of the Growthvistas understands, acknowledges
and agrees that Growthvistas, in no manner whatsoever, endorses the said Contributors
or whatever proposal may be presented by such Contributors and that Growthvistas
shall not be held liable for any claims of any nature whatsoever arising or resulting
from any thesis or proposal of any of the Contributors, or from any agreement, understanding,
association, investment or relationship concluded, agreed, made or established between
the user of the Growthvistas and any of the Contributors, of any type and for any
reason whatsoever.
h) The user of the Growthvistas understands, acknowledges and agrees that the Growth
Vistas website is designed as an educational and networking tool only, and that
Growthvistas is not engaged in rendering, nor is it representing itself as rendering
legal, tax, financial, accounting, medical or other professional advice or opinions
of any nature whatsoever to the user of the Growthvistas.
i) The user of the Growthvistas hereby confirms that it qualifies as a "sophisticated
investor" or as a "qualified purchaser" pursuant to all applicable North American
legislation relating to the distribution and/or sale of securities.
j) The user of the Growthvistas understands, acknowledges and agrees that it is
its own responsibility to obtain independent legal, tax, financial, accounting,
medical or other professional advice with respect to evaluating, agreeing, establishing
and/or implementing any relationship or investment based on any of the material,
information or strategies presented on the Growthvistas website. Further, it is
highly recommended that the user of the Growthvistas take adequate time to review
and evaluate whatever material or information received with whichever independent
professional advisors the user of the Growthvistas deems appropriate.
18. LIMITATION OF LIABILITY
The user of the Growthvistas website expressly understands and agrees that Growth
Vistas shall not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if Growthvistas has been advised
of the possibility of such damages), resulting from: (i) the use or the inability
to use the Service; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the Service; (iii)
unauthorized access to or alteration of transmissions or data of the user of the
Growthvistas website; (iv) statements or conduct of any third party on the Service;
(v) any agreement, understanding or relationship the user of the Growthvistas enters
into with any of the Contributors or any other person or entity with whom it has
been put in contact through the Growthvistas website; or (vi) any other matter
relating to the Service.
19. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations of sections 17 and 18 may not apply to the user of
the Growthvistas website.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If the user of the Growthvistas website intends to create or join any service,
receive or request any news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities, it is hereby urged
to read the above Sections 17 and 18 again. These Sections apply with absolute rigor
to the user of the Growthvistas website. In addition, for this type of information
particularly, the phrase "LET THE INVESTOR BEWARE" is paramount. The Service is
provided for informational purposes only, and no Content included in the Service
is intended for trading or investing purposes. Growthvistas and its service providers
and suppliers shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via the Service, and
shall not be responsible or liable for any strategy, trading or investment decisions
made based on such information.
21. NOTICE
Notices to the user of the Growthvistas website may be made via either e-mail,
fax or regular mail. The Service may also provide notices of changes to the TOU
or other matters by displaying notices or links to notices to the user of the Growth
Vistas website generally on the Service.
22. TRADEMARK INFORMATION
Growthvistas, the Growthvistas logo, the Growthvistas design, and the Growth
Vistas stylized, trademarks and service marks, and other Growthvistas logos and
product and service names are trademarks of Growthvistas (the "Growthvistas Marks").
Without Growthvistas's prior permission, the user of the Growthvistas website
agrees not to display or use in any manner, the Growthvistas Marks.
23. SUCCESS FEE & OTHER CHARGES AGREEMENT
The Applicant agrees to pay StrugenceCapital Advisors Pvt. Ltd. (heinafter referred
as AFA) Success Fees and/or sweat equity as would be agreed of a percentage of the
total investment sum that the Applicant receives as a result of membership to Growth
Vistas’s service. "Investment" includes, but is not restricted to, any sum of money
that is introduced to the Applicant or associated company whether this is in the
form of a share issue, business loan or personal loan, advance or the equivalent
monetary value of any work that is done in return for shares. "Investment" also
includes any sum of money that the Applicant or associated company obtains in subsequent
rounds of funding found as a result of membership to Growthvistas’s service. If
the investment sum is paid to the Applicant in one lump sum, the agreed percentage
of this lump sum will be paid to AFA by the Applicant within 3 working days of receiving
the one lump sum. If the investment is paid to the Applicant in tranches or a payment
installment plan, the agreed fee will be paid to AFA by the Applicant within 3 working
days of payment of each tranche or payment installment being paid to the Applicant,
so that AFA is paid the agreed success fee for the total investment received by
the Applicant as a result of membership to Growthvistas’s service. It is the responsibility
of the Applicant to keep account of all investment sums received by the Applicant
as a result of membership and to inform AFA within 10 days of receipt. It is the
responsibility of the Applicant to pay the success fee payments to Growthvistas
in accordance with this clause. The Applicant that originally agrees to this agreement
is liable for all the fees agreed to under this agreement. If the Applicant changes
legal identity after accepting this agreement, for example, from an individual to
a company, or other legal entity, the original Subscriber is still liable for payment
of the fees, even though the original Subscriber is now identifiable as a company
or business or other legal entity with a company or business name which is not the
same name as the original Subscriber. The Applicant agrees that this agreement and
any dispute arising in any way in relation to this agreement will be governed by
and construed in accordance with the laws of England. The Applicant’s signature
below shall bind the Applicant to the terms and conditions of this agreement. The
Applicant understands, agrees, and accepts the above terms and conditions of this
agreement.
24. GENERAL INFORMATION
The TOU, the Growthvistas subscription documentation Terms and Conditions and the
Growthvistas Acceptable Use Policy, as posted on the Growthvistas website and
amended, at any time and from time to time, constitute the entire agreement between
the user of the Growthvistas website and Growthvistas and govern the use of the
Service by the user of the Growthvistas website, superseding any prior agreements
between the user of the Growthvistas website and Growthvistas. The user of the
Growthvistas website also may be subject to additional terms and conditions that
may apply when the user of the Growthvistas website uses affiliate services, third-party
content or third-party software. The TOU, the Growthvistas Acceptable Use Policy
and the relationship between the user of the Growthvistas website and Growthvistas
shall be governed by the laws in force in the United Kingdom, without regard to
its conflict of law provisions. The user of the Growthvistas website and Growth
Vistas agree to submit to the personal and exclusive jurisdiction of the courts
located within the country of Great Britain. The failure of Growthvistas to exercise
or enforce any right or provision of the TOU, the Growthvistas subscription documentation
Terms and Conditions or the Growthvistas Acceptable Use Policy shall not constitute
a waiver of such right or provision. If any provision of the TOU, the Growthvistas
subscription documentation Terms and Conditions or the Growthvistas Acceptable
Use Policy is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavour to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOU, the
Growthvistas subscription documentation Terms and Conditions and the Growthvistas
Acceptable Use Policy remain in full force and effect. The user of the Growthvistas
website agrees that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or the TOU, the
Growthvistas subscription documentation Terms and Conditions and the Growthvistas
Acceptable Use Policy must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in the TOU are for convenience
only and have no legal or contractual effect.
ACCEPTABLE USE POLICY
For purposes of this Acceptable Use Policy ("AUP"), a "Customer" is defined to include
any organization, individual, company or other entity with which Growthvistas a
division of Strugence Capital Advisors Private Limited (Growthvistas) has entered
into any agreement or contract for the supply of services, including through the
Growthvistas website. A Customer shall also be responsible for the use of the Growth
Vistas website by any subsidiaries, affiliates, partners, Authorized Staff, suppliers,
clients, or any other person gaining access to the Growthvistas website in any
manner whatsoever, that directly or indirectly utilize the Growthvistas website
provided to the Customer.
The Customer may only use the Growthvistas website for lawful purposes. The use
of the Growthvistas website in violation of any local or international legislation
or regulation is prohibited. This includes, but is not limited to, transmission
of proprietary or copyright material without the consent of the owner, material
legally judged to be threatening, offensive, or obscene, and third party material
protected by patent, trade secret or any other type of intellectual property right,
whether or not the Customer was aware of the content of the material or of the relevant
law.
Growthvistas will fully co-operate with investigations of suspected criminal violations
and violations of systems or network security under the leadership of law enforcement
authorities.
Use of any information obtained via the Growthvistas website is at Customers' own
risk. Growthvistas is not responsible for the accuracy, quality, or content of
information obtained through NS Products.
All Growthvistas services are for end-user use only and may not be resold to third-parties
without providing end-user information to Growthvistas.
The Customer will indemnify and hold Growthvistas harmless from any claim brought
by third parties alleging that use of the Growthvistas website by the Customer
has infringed any applicable local or international legislation or regulation. The
Customer shall defend and pay all costs, damages, awards, fees (including reasonable
legal fees) and final judgments awarded against Growthvistas arising from such
claims. The Customer shall immediately give Growthvistas written notice of any
claim the Customer is involved with or aware of. Should the Customer fail to do
so, Growthvistas may defend such claims at the Customer's sole cost.
Growthvistas will cooperate with any law enforcement authorities having jurisdiction
to discourage and resist abuses of acceptable use policies. Growthvistas reserves
the right to take corrective action upon notification to Growthvistas of unacceptable
use by the Customer. Growthvistas reserves the right, at its discretion and without
notice, to remove any material or data and to block the use of the network for one
or more users when their use or purpose does not meet the AUP.
The Customer may not circumvent user authentication or security of any host, network,
or account (referred to as "cracking" or "hacking"), reverse engineer, decompile,
deconstruct any programming, nor interfere with service to any user, host, or network
(referred to as "denial of service attacks").
The Customer is forbidden to send e-mail to any person who does not wish to receive
it. It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail"
or "spam") of any kind (commercial advertising, financial and investment promotions,
political tracts, announcements, etc.) or to post the same or similar messages to
large numbers of newsgroups (excessive cross-posting or multiple-posting, also known
as "USENET spam"). A Customer caught spamming on the Growthvistas, or who persist
in the mass distribution of unsolicited e-mail messages, will be dealt with immediately
in accordance with this AUP.
The Growthvistas website may be used by the Customer to link into other networks
worldwide and the Customer agrees to conform to the acceptable use policies of these
networks. The Customer agrees, through its own operations, not to cause disturbances,
outages or other problems which may affect Growthvistas's network or network based
equipment, or which may adversely affect Growthvistas's ability to provide services.
Growthvistas reserves the right to prohibit activities that violate this AUP or
may damage its reputation.
Growthvistas will generally not monitor private electronic mail messages sent or
received by its Customers but may conduct reasonable investigation of a Customer
(i) if required by law or (ii) upon reasonable suspicion of a violation of this
AUP to determine if there has been a violation or (iii) when public safety may require
it. Growthvistas may at all time monitor usage of the Growthvistas website electronically
to determine if it is operating satisfactorily.
Growthvistas may disclose its Customers' information or information transmitted
by means of its facilities (i) to comply with legal requirements or (ii) where necessary
to protect Growthvistas and others from harm or (iii) where such disclosure is
necessary to the proper operation of the Growthvistas website.
The Customer acknowledges that Growthvistas is unable to exercise control over
the content of information passing through its facilities or carried as a result
of supplying the Growthvistas website and is therefore not responsible for that
content.
Growthvistas reserves the right, at its discretion and without notice, to automatically
filter, disconnect and/or deny access to any Customer who violates this policy.
This remedy shall also be applied when the Customer has engaged in any of the foregoing
activities by using the service of another provider and, channelling such activities
through a Growthvistas account, re-mailer, or otherwise through the Growthvistas
website, or using a Growthvistas account as a mail drop for responses or otherwise
using the services of another provider for the purpose of facilitating the foregoing
activities, if such use of another party's service could reasonably be expected
to adversely affect the Growthvistas website. Growthvistas reserves the right,
where feasible, to implement technical mechanisms which block multiple postings
as described above before they are forwarded or otherwise sent to their intended
recipients.
Violation of this AUP (direct or indirect, including by a third party) entitles
Growthvistas to remove immediately the offending material, establish immediate
or temporary filtering, deny access, suspend or terminate one or more subscriptions
to the Growthvistas website, or take any other appropriate action, as determined
by Growthvistas in its sole discretion, in addition to any remedies provided by
any agreement to provide access to the Growthvistas website. Growthvistas may
give notice of violations but Growthvistas reserves the right to act without notice
when necessary, as determined by Growthvistas in its sole discretion. Nothing in
this AUP is to be construed to limit Growthvistas's actions or remedies in any
way with respect to any of the foregoing activities, and Growthvistas reserves
the right to take any additional actions it may deem appropriate with respect to
such activities, including without limitation, taking action to recover the cost
of identifying offenders and terminating their access to the Growthvistas website,
and charging to cover Growthvistas's costs in the event of such termination of
access or like situation. Growthvistas may co-operate with other service providers
to discourage and resist abuses of acceptable use policies. Growthvistas reserves
the right to take corrective action upon notification to Growthvistas of unacceptable
use on other networks. The Growthvistas website may be linked to other networks
world-wide and the Customer agrees to conform to the acceptable use policies of
these networks. The Customer agrees, through its operations, not to cause disturbances,
outages or other problems which may affect Growthvistas's or any other network
or network based equipment, or which may adversely affect Growthvistas's ability
to provide access to the Growthvistas website.
Nothing contained in this AUP shall be construed to limit Growthvistas's actions
or remedies in any way with respect to any of the foregoing activities, and Growth
Vistas reserves the right to take any and all additional actions it may deem appropriate
with respect to such activities, including without limitation, taking action to
recover the costs and expenses of identifying offenders and removing them from the
Growthvistas website, and levying cancellation charges to cover Growthvistas's
costs in the event of disconnection of dedicated access for the causes outlined
above. In addition, Growthvistas reserves at all times all rights and remedies
available to it with respect to such activities at law or in equity.
Customer will indemnify and hold Growthvistas harmless from any claim brought by
third parties relating to the Customer's use of the Growthvistas website. The Customer
must defend and pay all damages and costs (including legal fees) arising from such
claims. The Customer must immediately notify Growthvistas of any claim or potential
claim, within the Customer's knowledge, involving the Customer related to the Growth
Vistas website. Failure to do so gives Growthvistas the right to defend such claims
at Customer's sole cost and expense.
Growthvistas is committed to providing quality service to all of its Customers.
While the AUP may appear harsh, Growthvistas believes it is necessary to ensure
that it is able to provide professional, efficient, stable service within an environment
of security and trust which its Customers may require and come to expect from an
organization such as Growthvistas.
This AUP is subject to change. Any questions regarding the policy may be addressed
to info@growthvistas.com . To report a suspected breach of the Growthvistas AUP,
please contact info@growthvistas.com.