I. USING OUR SERVICES
By registering with FLOATR) and by using FLOATR’s services (“Services”), you understand and agree that FLOATR will treat your use of the Services as acceptance of these Terms from that point onwards.
We reserve the right to update or modify these Terms at any time without prior notice. Your access and use of the FLOATR following any such change constitutes your agreement to follow and be bound by these Terms, as updated or modified. For this reason, we encourage you to review these Terms each time you access FLOATR.
This agreement is an electronic record in terms of Information Technology Act, 2000 and rules and regulations thereunder and is generated by a computer system and does not require any physical or digital signatures.
You understand that you do not have the right to use any of FLOATR’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services.
You agree to not copy or transmit any of the Services in any manner other than for the purposes of this Agreement.
You further acknowledge that the Services may contain information which is designated confidential by FLOATR and that you shall not disclose such information without FLOATR’s prior written consent. You will not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the Services.
You agree not to use FLOATR for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that may be applicable to the usage of the Service. FLOATR may, at its sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of application.
You shall not introduce any trojans, viruses, any other malicious software, bots or scrape FLOATR for any user information. Additionally, you shall not probe, scan or test the vulnerability or any system, security or authentication measures implemented by us. If you tamper or attempt to tamper our technological design and architecture, we have the right to terminate your FLOATR account, discontinue your access to the Platform and report such actions to the appropriate law enforcement authorities and initiate legal action.
II. ELIGIBILITY & AUTHENTICATION
You hereby declare that you are over 18 years of age (in case you are a minor, you can use the Platform only with the permission and under the supervision of your parent or legally appointed guardian (“Parent”)), of sound mind and a person resident in India as defined under Foreign Exchange Management Act, 1999. Non-Indian citizens and non-resident Indians are not eligible to participate on the Platform at present.
You hereby declare that you are a human being and not a “bot”.
FLOATR will establish your identity on its online Services by means of a phone number or email and will authenticate it by either a password selected by you, or a one-time password (OTP) sent to your email or mobile phone, or third party authentication services provided by third parties such as Google and Facebook, or biometric identification enabled by your device. Any instructions provided to, or communication with, FLOATR or its Service Partners which are so authenticated will be considered to have originated from you.
During the term of the Agreement, you hereby confirm to register with FLOATR to avail financial and wealth management product and Services provided by FLOATR.
Subject to the terms and conditions contained in this Agreement, FLOATR shall render the services as described in Annexure I (the “Services”). FLOATR may add other financial services in future.
You hereby understand and acknowledge that the information requested by FLOATR is for the purpose of complying with various laws, regulations and guidelines (including Know Your Customer (KYC) norms / Anti-Money Laundering (AML) standards / Combating of Financing of Terrorism (CFT) / Obligation of banks under the Prevention of Money Laundering Act, 2002) promulgated by the Government of India from time to time.
You further acknowledge that if you do not provide the requested information to FLOATR, FLOATR will be unable to provide or continue its / their services to you.
You confirm that all information given to FLOATR (whether in FLOATR’s online form or otherwise) is true, correct, complete and not misleading. You agree to provide any additional documents to FLOATR as may be required from time to time.
You hereby understand that if you wish to take any of the product or services on FLOATR platform, you may be provided with an online agreement. Upon clicking ‘I Accept’ you will be bound by the terms of that specified agreement.
FLOATR may publish research and opinions on the Platform, for your information. You may not rely on any such information for forming your investment decisions. You hereby acknowledge and agree that FLOATR or the Platform and its officers, directors, employees, agents and affiliates will have no liability with respect to transactions in or for your Account and your investment decisions.
You hereby understand that when you apply for a deposit, investments, insurance, loans or any other product / services, FLOATR or its service partners may check your records amongst other things with its own records, any information as available to FLOATR through any of its sources, those at credit bureaus; or those at fraud prevention agencies (FPAs) for assessing your creditworthiness, verification of identity to prevent and detect crime and money laundering.
FLOATR also has the right, and obligation, to report your details to Credit Bureaus in the event of any delay by you in repaying any loan instalment.
You understand that while availing services offered by Merchants on FLOATR and your payment to merchants using any of Floatr Services (Prepaid Floatr Wallets, Gift Vouchers, Unified Payment Interface (UPI), Payment Gateway), you understand that we are not a party to the contract between you and the Merchant and act only as an Intermediary (as defined in the Information Technology Act, 2000). Floatr does not endorse any advertiser or Merchant linked to its website or app.
Furthermore, Floatr is under no obligation to monitor the Merchant’s service used by you; the Merchant alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant must be directly resolved by you with the Merchant. It is clarified that Floatr shall not be responsible or liable for any deficiency in goods and/or services purchased using Floatr Wallet balance. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same. You agree that in case any amount is transferred erroneously by You to any Merchant, Participating Platforms or any other person, Floatr shall not be liable to refund such amount to You under any circumstances.
FLOATR may invite you to participate in any offer from time to time. You agree that participating in such an offer is subject to your agreement to the respective offer terms and conditions. You also understand that the offers might be provided by third parties on FLOATR Platform and you may require to agree to respective terms and conditions of third parties. You further agree that offers provided to any user may vary from user to user. Floatr reserves the right to disqualify You from any offer in case you do not meet the eligibility criteria for such an offer or any other reasons thereof including but not limited to misuse of offer, misrepresentation, fraud or suspicious transactions/activities.
You hereby understand there could be additional terms & conditions applicable for specific services offered on FLOATR, including those by Service Partners and the same is captured in ANNEXURE-II and ANNEXURE III.
IV. THIRD PARTY SERVICE PARTNERS
In order to bring curated products FLOATR may utilise third party services (“Partners”). The use and operation of any integrated services from our Service Partners such as investment products, borrowing, insurance, data aggregation, etc. will be additionally governed by the relevant service terms and contracts of the respective Service Partners. FLOATR shall not be liable for any penalties, loss or damage which is incurred by You due to the negligence or actions of any Service Partner of FLOATR and not caused by any action of FLOATR. FLOATR may partner with more such Partners in future or terminate any of the existing Service Partners.
You understand that access to these services is provided through FLOATR and you hereby acknowledge the following:
a) You are transacting using the FLOATR to avail services offered by the Partner. FLOATR does not offer these services nor does it offer any investment advice in relation to these services.
b) The decision to avail these services is based on your own choice/investment decisions and you have not relied on any information and /or investment advice made available by FLOATR and its partners, and that FLOATR and its partners are not making any recommendation with respect to such purchases.
c) You will avail these services subject to the to the Terms and Conditions as defined by the Partner. These terms may be revised from time to time and at any time and such changes shall be effective when posted on FLOATR and shall be deemed to be notified to you. If you do not agree to be bound by these Terms and Conditions of Use, as modified from time to time, you should exit FLOATR immediately or stop using the services provided.
d) These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Bengaluru shall have exclusive jurisdiction in respect of any matters arising therefrom.
You may use the Platform only if you are an Indian citizen, residing in India, and are eligible to enter into contracts under Indian law. Non-Indian citizens and non-resident Indians cannot participate on the Platform at present.
Investment Decisions: FLOATR may publish research and opinions on the Platform, for your information. You may not rely on any such information for forming your investment decisions. You acknowledge that FLOATR or the Platform and its officers, directors, employees, agents and affiliates will have no liability with respect to transactions in or for your Account and your investment decisions.
You acknowledge that insurance products are being offered to you pursuant to our partnership with SecureNow Insurance Broker Pvt. Ltd. (IRDAI Certificate No: 425).
V. INTELLECTUAL PROPERTY
For the purpose of this Agreement, “Intellectual Property” shall mean and include all patents, patentable rights, copyright, registered and unregistered design rights, utility models, trademarks and service marks (whether or not registered), trade names, domain names, logo, slogans, marks, labels, rights in inventions, rights in data, database rights, rights in know-how and confidential information, trade secrets and all other intellectual and industrial property and similar or analogous rights and existing under the laws of any country and all pending applications for and rights to apply for any registration of the same (present, future and contingent, and including all renewals, extensions and revivals of them).
You acknowledge and agree that FLOATR owns all legal rights, titles, and interests in and to the Services, including any Intellectual Property rights which subsist in the Services.
All of the content on FLOATR, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade-names, constitute FLOATR’s Intellectual Property. Copyright laws in all applicable jurisdictions protect the content.
FLOATR is the sole owner of the underlying software and source code associated with the application and all trademarks, copyright and any other intellectual property rights of any nature across the application.
VI. CUSTOMER COMMUNICATION AND GRIEVANCE REDRESSAL
Accepting these Terms, implies your express consent to be contacted by us, our representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your account with FLOATR. You further agree to us contacting you in any manner, including without limitation, emails, SMS messages, WhatsApp, calls using pre-recorded messages or artificial voice, and notifications sent via our mobile application.
In our endeavour to effectively deliver the Services, we take your explicit consent to access your emails (registered with us) and/or SMS on mobile number registered with us for the specific purpose of reading emails / SMS relevant to the Services, including bank statements, to access your records in connection with any of the FLOATR’s services. To the extent required for the provision of the Services, any password-protected document will be accessed via automated means, by utilizing information provided by you to automatically generate passwords in order to safely access such documents. It is further clarified that the consent sought from you shall be used solely in connection with Service facilitated through us and such information shall not be shared with any third party, save and except with RBI (“Reserve Bank of India”).
For any support you may reach FLOATR by writing an email to support@FLOATR.in Such queries and requests shall be responded to within 2 (two) working days of receipt. Resolution, appropriate and to your satisfaction shall be provided as soon as possible depending upon the nature of the request.
Any complaints or concerns with regards to the content on FLOATR 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:
a) Mubarak N Zhad (Grievance Officer)
We request you to please provide the following information in your complaint:
a) Identification of the information provided by you.
b) Clear statement as to whether the information is Personal Information or Sensitive Personal Information.
c) Your address, telephone number or e-mail address.
VII. CUSTOMER GUIDELINES
a) You accept that any and all operations emanating from your device shall be assumed to have been initiated by you.
b) You shall not copy, reproduce, distribute, or create derivative works of our content. Also, you shall not reverse engineer or reverse compile our technology.
c) You shall request FLOATR, to block the Account and change the passcode immediately for the Account, if your device has been lost or stolen.
d) You are responsible for any and all activities that occur in your Account. You agree to notify FLOATR immediately of any unauthorized use of the Account or any other breach of security. FLOATR shall not be liable for any loss to you owing to negligent actions or a failure on your part to inform FLOATR, within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
e) You shall be liable for losses incurred by FLOATR or any other party due to a third party’s use of your Account. You shall not use any other person’s account at any time, without the permission of the account holder and FLOATR.
f) FLOATR shall make all reasonable efforts to ensure that your information is kept confidential. However, FLOATR shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the device due to theft, negligence or failure on your part to practice safe computing.
g) You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by You and FLOATR shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
You (and also any third party for or on behalf of whom you operate an account or activity on FLOATR) agree to protect, defend and indemnify us and hold us and our associates, employees, officers, directors, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of FLOATR in violation of these Terms and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
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.
The terms of this provision will survive any termination or cancellation of these Terms.
Under no circumstances will FLOATR sell or rent your personal information to anyone, for any reason, at any time.
FLOATR 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 FLOATR may use such information for providing appropriate services/products to you.
You are responsible for maintaining the secrecy of your passwords, login, and account information. You will be responsible for all use of the FLOATR by you and anyone using your password and login information (with or without your permission). You will only use FLOATR for the services it offers and will not use it to make any fraudulent applications.
X. LIMITATION OF LIABILITY
All content and services provided on FLOATR are provided on an “as is” and “as available” basis. FLOATR 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, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. FLOATR makes no warranty, and expressly disclaims any obligation, that:
a) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances;
b) FLOATR will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis;
c) the results that may be obtained from the use of the FLOATR platform or any services offered through the FLOATR platform will be accurate or reliable; or
d) the quality of any products, services, information, or other material obtained by you through FLOATR will meet your expectations.
FLOATR (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for:
a) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with
(i) any failure or delay (including without limitation the use of or inability to use any component of the FLOATR platform), or
(ii) any use of FLOATR or content, or (iii) the performance or non-performance by FLOATR or any provider or;
b) any damages to or viruses that may infect my computer /mobile equipment or other property as a result of access to the FLOATR application or by downloading of any content.
You specifically agree that FLOATR 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.
XI. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of India. Notwithstanding the provisions of sub-clause (2) below, each of the parties submit to the exclusive jurisdiction of the courts of competent jurisdiction in Bengaluru, Karnataka, insofar as it relates to any party seeking to obtain injunctive or equitable relief.
If any dispute, controversy or claim between FLOATR and Customer arise out of or in connection with this agreement, FLOATR and Customer shall use all reasonable endeavours to resolve the dispute amicably. If a party gives the other party notice that a dispute has arisen, and the parties are unable to resolve the dispute amicably within fifteen days from the date of service of notice, then the dispute shall be referred to and finally be resolved by arbitration under the Arbitration and Conciliation Act, 1996.
The tribunal shall consist of a sole arbitrator, who shall be jointly appointed by the parties. If the parties to the dispute are unable to agree on a sole arbitrator within fifteen days after the dispute is referred to arbitration, the tribunal shall consist of three arbitrators, one to be appointed by claimant, the second to be appointed by the respondent, collectively, with the third arbitrator to be appointed by the first two arbitrators so appointed. The arbitral award shall be final and binding on the Parties.
The seat and venue of the arbitration shall be Bengaluru, India. The language of arbitration shall be English.
The parties shall bear their own legal and other costs and expenses necessary for resolution of the dispute.
If you do not comply with the terms of this Agreement, and we do not take action immediately, it will not be construed as our consent to your non-compliance. If any term contained in this Agreement is unenforceable, it will not affect the other terms.
XII. GENERAL PROVISIONS
Force Majeure: The parties hereby agree that the period of time during which FLOATR is prevented or delayed in the performance or fulfilling any obligation hereunder, due to unavoidable delays caused by an event of Force Majeure shall be added to FLOATR time for performance thereof; and FLOATR shall have no liability by reason thereof. In such an event FLOATR agrees and endeavours to fulfil its obligations under this agreement as expeditiously as possible upon ceasing of such event of Force Majeure. A “Force Majeure” event for the purposes of these Terms shall include an act of God, flood, earthquake, fire, explosion, strike, war, civil commotion, insurrection, embargo, riots, political disturbances, lockouts, epidemics, pandemics, any act, law, regulation or order of the government, systemic electrical, telecommunications, network or other utility failures affecting FLOATR to render services, including failure on account of a cyber threat / risk.
Severability: If any provision of these Terms is held by a court of competent jurisdiction, or arbitration panel, as applicable, to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of this Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event this agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitration panel, as applicable.
Further Assurance: Each of the parties shall perform such further acts and execute such further documents as may reasonably be necessary to carry out and give full effect to the provisions of this Agreement and the intentions of the parties as reflected hereby.
Assignment: Neither You or FLOATR may assign or otherwise transfer the rights under this Agreement without written consent of the other.
These Terms shall apply when you complete the authentication process and create an account and shall remain valid and binding on you for so long as you maintain the Account.
You hereby understand and acknowledge that service specific terms and offer terms as in attached Annexure-I II and III are also part of this service agreement.
ANNEXURE-I : Services offered on FLOATR
FLOATR shall render following services relating to – (Some of these may be part of future offerings)
a. Expenses management & accounting
b. Goal management
c. Investment in mutual funds & bonds
d. Wealth portfolio analysis
e. Neo-banking services
f. Deposits in banks and other non-banking financial companies (NBFC)
g. Health, life and general insurance
h. Lending for individuals and businesses
i. Utility bill payments including credit cards
j. Payment solutions, UPI/QR for merchants and small business
ANNEXURE-II : Product & service specific terms
I. MUTUAL FUND INVESTMENTS
FLOATR is registered AMFI distributor with ARN Code 181327 and is registered with the two RTAs, CAMS and KFIN to process the mutual fund transactions. Mutual fund transactions are offered in association with our tech partner Fintech Primitive.
FLOATR offers Regular Plans of Mutual Funds and receives commission from the Asset Management Companies against the investment portfolios. We do not charge any fees from our customers.
This facility is offered by FLOATR to Customers as an integrated platform to transact in Regular Plans of Mutual Funds. Such services shall not, at any point in time, be construed as offering or furnishing of Investment Advice, Legal Advice, Tax Advice or Financial Advice or any Advice of similar nature. Customers who avail of the transaction facility for Mutual Funds should themselves understand the risks of investing in financial instruments of any kind prior to proceeding with a transaction.
FLOATR does not make any claims with respect to the performance of any Mutual Fund schemes and shall not have any liability towards any losses that Customers may incur as a direct or indirect result of their decision, to purchase, to redeem, to not purchase or to not redeem units, in any Mutual Fund scheme.
Customers shall be required to complete an onboarding process before they can start transacting in Mutual Fund schemes. The onboarding process will include collection and verification of KYC and Bank Information, Risk Profiling Information, Nominees, FATCA/CRS information as required under the Regulations.
Customer agrees and authorize FLOATR to submit the information collected above to the respective Mutual Funds/Asset Management Companies and/ or their Registrar and Transfer Agents for the purpose of validation and to comply with regulatory requirements as notified from time to time. Customers also agree that the signature available in the KRA records/systems would be used for signature verification for processing any request made by you through the Website or direct transactions with AMC and in the event such signature is not available or legible in KRA records/system, you understand and agree that the AMC shall be entitled to carry out further checks to validate the authenticity of the request / or to reject/ disallow any transaction in connection herewith.
Customers agree that for any changes to information provided including change of address, mobile number, e-mail id, bank details etc may require a duly signed hard copy. Such changes can be made in the records of the respective entities’ only after they have received such a hard copy of the request and have satisfied themselves as to the validity of such request for modification or update of records.
Customers’ understand and agree that instructions given by them for transacting in mutual fund units will be forwarded to the AMC/ RTA in an electronic file format (‘Feed File’) and AMC/ RTA will process transactions on the basis of such Feed File only and Customers’ hereby agree and consent to such transmission of data by electronic means.
Customers’ agree that submission of a transaction request through the FLOATR shall not be deemed to be acceptance of the transaction by Mutual Funds / RTAs and the transaction could be rejected if it does not comply with the provisions of the Scheme Information Document of the respective Mutual Fund or for any other reason as determined by the respective Mutual Funds or their RTAs.
Customers’ agree and authorize FLOATR, by providing authenticated instructions, to communicate on their behalf with the respective Mutual Funds /RTAs for financial and /or non-financial transactions.
Customers’ understand that FLOATR will make best efforts to resolve any queries that they may have regarding their Mutual Fund investments through FLOATR as well as their investments in any specific Mutual Fund schemes. Customers’ may also communicate directly with the Mutual Fund/Asset Management Company to resolve any issues and seek any clarifications that may be required pertaining to their investments in such Mutual Fund Schemes.
Customers’ agree and confirm that all the authorised and complete transactions will be processed at the applicable NAV (as defined in the Scheme Information Document of respective schemes of Mutual Funds) subject to receipt of funds and acceptance of the transaction by the respective Mutual Funds/ RTAs.
Customers’ agree to not hold FLOATR liable for any loss that may arise to them as a result of the incorrect NAV applied on units allotted to them by the Mutual Fund.
Funds debited from Customers’ bank accounts shall be collected in a settlement pool account and from there it will be credited / transferred to the respective Mutual Funds either on the same day (in case the order is placed before the cut off time) or the next working day (in case the order is placed after the cut off time) by the Aggregator. Customers’ understand and acknowledge that there would be an interim time lag in transferring / crediting the money from the pool account to the respective Mutual Fund’s scheme account.
The units of the schemes shall be allotted, redeemed or switched, as the case may be, at the Net Asset Value (NAV) prevalent on the date of the transaction request by the Mutual fund, if the request for purchase, redemption or switch is placed before the cut-off time.
Any transaction request placed on a non-Business Day or outside the cut off time for that business day would be processed on the next working day and respective NAV would be applicable as per the Mutual Fund’s Scheme Information Document. The cut-off timings will be prior to the statutory cut-off timing specified under the SEBI Regulations and the Scheme Information Document for operational convenience.
With respect to purchase of units of mutual fund schemes (other than liquid schemes), the closing NAV of the Business Day on which funds are available before cut-off for utilization with the respective Mutual Fund, shall be applicable, irrespective of the time of receipt of such application.
All Mutual Fund purchase transactions shall be allotted a folio number by the Mutual Fund or if a valid folio of the mutual fund has been selected by the Customer at the time of purchase then such units shall be allotted to the said folio of the Mutual Fund. In addition to the transaction reporting provided by FLOATR, Customers’ shall be able to directly access the transaction account statement in electronic format from the AMC website and will receive the Accounts Statements directly from the AMCs/RTAs.
Redemption proceeds and dividend payout shall get credited directly by the AMC into the default bank account provided by the Customer at the time of the first purchase in that Folio of the Mutual Fund. The list of such banks is mentioned in the Scheme Information Document or Key Information Memorandum (KIM) cum common application form of the respective Mutual Fund.
Customers’ understand that they have unfettered and unrestricted access to the Mutual Fund/ AMC and can transact in the same folio for financial / non-financial transactions without routing the transaction(s) through FLOATR.
Customers’ agree that there may be a time lag between the time a transaction is completed and before the same is updated in the records of FLOATR.
The payment gateway facility is enabled through third party technology service providers and would be available for select banks and shall be subject to such conditions and limitations as may be applicable from time to time. Customers’ may get a levy/ charges separately from their bank which they must check before availing this facility. Credit cards are not accepted for purchase of mutual funds.
There may be applicable exit load/any other charge levied by the Mutual Funds will be chargeable in accordance with the Scheme Information Documents (SID) /Key Information Memorandum (KIM) and addendums issued thereto from time to time (collectively referred to as “scheme related documents”). Customers’ shall read all the scheme related documents before investing.
In the absence of sufficient funds in the bank account in the case of purchase transactions whether by way of Lumpsum or SIP or the absence of number of units in the case of sell or switch transactions, FLOATR shall not be responsible for the non-execution and rejection of transaction instructions.
In case of Redemptions, if the number of Units held as per the records maintained by AMC and/or the Authorized RTA is less than the number of Units requested to be redeemed, then the Mutual Fund/AMC may either reject the transaction or process redemption only of the available units. Wherever redemption of “all” units is specified in the request, all units held in that scheme shall be redeemed by the Mutual Fund/RTA, irrespective of the number of units of that scheme reflecting in the Customers’ FLOATR account. All Redemptions shall be subject to the provisions mentioned in the respective Offer Document / Scheme Information Document and addenda thereto issued from time to time.
Customers’ agree that payment for the transactions shall be facilitated through a payment gateway and FLOATR shall not be liable for any failures in the link or for any fraud (either payment gateway’s and/or bank’s end) that could take place at the time of making payment. Customer shall inform FLOATR immediately if their bank account is debited and corresponding Units have not been allotted even after 3 Business Days of completion of such transfer of funds.
In case of rejection of a purchase request by the RTA/AMC, a refund of any funds transferred for such requests shall be processed within 7 business days.
FLOATR does not take any responsibility for any delay in acceptance / execution or non-execution / rejection of an order by the Mutual Fund/Asset Management Company. FLOATR shall inform the Customer, within 3 Business Days of receipt of such rejection intimation from the respective Mutual Funds/Asset Management Companies. In such cases, FLOATR shall make necessary efforts towards remediation but the resolution timeline is dependent on the third parties involved.
Mutual fund / asset management companies may at their discretion not give effect to Customer transactions where the Aggregator and/or mutual fund / asset management companies have reasons to believe that the transactions are not genuine or are otherwise improper or unclear or raise a doubt. FLOATR shall not be responsible for any such transaction rejections by the Aggregator and/or the mutual fund/asset management company and neither FLOATR nor the respective mutual fund/asset management company shall be liable for the loss of any opportunity costs incurred by the Customer, as consequence of the transaction not having been carried out for any reason whatsoever. Customers’ understand that any payment made towards such transactions will be refunded to their bank account, after deduction of charges, if any, by the party rejecting the transaction.
In the event of the Customers’ bank account inadvertently receiving an incorrect credit, the concerned mutual fund / asset management company or the bank shall be entitled to reverse the incorrect credit at any time without the Customers’ consent. The Customer shall be liable to the concerned mutual fund /Asset Management Company for any unfair or unjust gain obtained by them as a result of such incorrect credit.
Investments in Mutual funds and securities are subject to market risks and there can be no assurance that the objectives of the schemes will be achieved. There is no guarantee for any returns on investments made in Mutual Fund scheme(s). Past performance mutual fund schemes are not indicative future performance and may not necessarily provide a basis of comparison with other investments.
Transactions carried out in various schemes offered by Mutual Funds are subject to the provisions contained in the respective scheme related documents, including but not limited to Scheme Information Document and Statement of Additional Information or any addendum thereto.
As with any investment in securities, the price or the NAV of units issued under the schemes can go up or down depending on the factors and forces affecting capital markets.
II. DIGITAL GOLD AND SILVER
FLOATR offers DigiGold through the third party partner Augmont Goldtech Private Limited (“Augmont”). Investment in digital gold and silver are collectively referred as “Gold” hereinafter.
FLOATR’s role in relation to Gold is limited to facilitating a transaction with the Augmont. Gold is not a product and/or service provided by FLOATR.
Neither FLOATR nor Augmont has provided any Investment Advice to the Customer in connection with Gold and the customer has made their own informed decision in relation to the same.
FLOATR shall not in any way be deemed to be making any representation or warranty whatsoever in connection with Gold, including in relation to its adequacy or validity. FLOATR shall under no circumstances be responsible, directly or indirectly, for any deficiencies in the Partners’ product(s). Further, the user understands that FLOATR does not make any claims nor has any responsibility towards the performance of Gold.
FLOATR does not guarantee, explicitly or implicitly, any returns, interest rate offered by the Partner(s).
The Gold investment of an individual Customer is identified through his/ her FLOATR account based on the registered mobile number present in records of FLOATR.
Augmont or FLOATR may revise these Terms from time to time and at any time. Such changes shall be effective when posted on FLOATR and shall be deemed to be notified to the Customer. If you do not agree to be bound by these Terms and Conditions of Access and Use, as modified from time to time, you should leave FLOATR immediately.
Augmont/ FLOATR shall be entitled to collect and store relevant information and documents provided by the Customer. Further, as and when required by Augmont / FLOATR based on the government regulations, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize Augmont and FLOATR to make such inquiries as they may feel necessary to satisfy themselves about the validity of your identity. You undertake to update Augmont and FLOATR in case of a change of your existing information or the verification documents, if any, provided by You.
You agree to provide true, accurate, current and complete information about yourself as prompted by FLOATR and maintain and promptly update to keep it true, accurate, current and complete. If you have reasons to believe that there is an error in the information furnished to Augmont / FLOATR you shall immediately advise the Augmont / FLOATR in writing and forthwith provide correct/updated information.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Augmont/ FLOATR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Augmont/ FLOATR has the right to suspend or terminate your gold transactions and refuse any and all current or future use of FLOATR (or any portion thereof) without any liability to you. You hereby undertake to indemnify and keep indemnified FLOATR & Augmont against any and all losses, claims, liabilities costs, etc. which arise out of or relating to Your failure to identify Yourself or due to incorrect KYC documents/information.
On FLOATR The transactions allowed in Gold are Buy, Sell, Gift and Delivery. Purchase can also be done through systematic investment mode, called SIP as and when FLOATR offers.
FLOATR will display buy / sell prices for Gold on the platform as provided by Augmont. The buy / sell prices and the spread between them could change on the basis of various factors including price volatility, supply factors, external market conditions, etc.
You can buy Gold worth Rs. 51.00 (Rupees Fifty One Only) and above incremental value thereof at the live purchase price of Gold of 99.9% purity displayed on FLOATR. These prices are provided to FLOATR by Augmont.
Payment will be accepted only through the payment options made available on FLOATR. At the time of purchase / sale-back of Gold, the relevant taxes will be chargeable as per applicable Government regulations.
For each confirmed purchase of Gold by the Customer, Augmont will transfer the metal to the vaulting agencies and it will be held there, under the supervision of an independent trustee, till sell-back or physical delivery by the Customer is opted.
You can sell your Gold which is lying in the vault on your behalf,in full or in fraction at prevailing live sell-back price of Gold of 99.9% purity, as permitted by Augmont. The money against the Gold sold by a Customer would be credited to the Customer.
Upon successful execution of sale, the sold quantity of Gold will be deducted from your vault or locker and the money against the Gold sold would be credited to your bank account.
The Gold bought cannot be sold within 48 hours from the time of buying.
For each buy and sell conducted an e-invoice will be generated in the name of the Customer. All taxes, duties, levies etcetera, as applicable, will be borne by the concerned Customer. FLOATR / Augmont shall not be responsible for such statutory taxes.
While availing any of the payment method/s available on FLOATR, Augmont/ FLOATR will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:
a. Lack of authorization for any transaction/s
b. Exceeding the pre-set limit mutually agreed by and between the Customer and relevant banks of the Customer,
c. Any payment issues arising out of the transaction
d. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer;
e. Temporarily discontinuation of invitation to offer; and / or
f. The decline of transaction for any reason(s) whatsoever.
g. Augmont may, at its discretion, prescribe maximum individual/cumulative limits for Customers to accumulate gold or transfer Gold through this scheme from time to time, and reserves the right to refuse to accept order exceeding such limit.
h. At any point in time on any day, Augmont may temporarily discontinue the invitation to offer for any reason whatsoever.
i. Any Gold lying in the vault, and business deposit is non-transferable unless specifically allowed by Augmont. However, in case of death or insanity, Augmont shall transfer such Gold, and advance balance to Your legal heir(s) after the required due diligence and Your legal heir(s) shall be regarded as the registered user thereafter.
j. Augmont / FLOATR shall not be liable/responsible, in any manner whatsoever, for any loss/liability arising out of or relating to any technical failure/ issue in Platform and/or acts / omission not attributable to Augmont / FLOATR
Order physical Jewellery, Coins & Bars
a. FLOATR offers services for customers who wish to request for the delivery of the Gold bought and lying in the vaults / lockers. FLOATR displays the articles that are available for delivery along with the making and delivery charges for each article. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes the items may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire item. The size, colour, finish, lustre, weight (difference upto 100 mg) and other visual parameters of the actual product may differ to an extent from the photographs and impressions, information displayed on Floatr. The Products shall be considered to have a defect in quality if they have an inherent material or manufacturing defect. Minor deviations from the image shown and information displayed on Floatr shall not qualify as a defect. FLOATR / Augmont shall not be liable for any legal action on this account.
b. Customer who wishes to request delivery of the Gold from the Platform can choose from the selection of Jewellery and Coins and Bars available on the Platform and order them by paying shipping & handling charges and taxes as displayed with each products.
c. Product data may be inaccurately displayed on the platform due to system errors. FLOATR/ Augmont reserves the right to correct any and all errors when they do occur and FLOATR / Augmont shall not honour inaccurate or erroneous prices.
d. The delivery charges on the Platform are subject to change without notice. For any order the delivery charges on the day the order is confirmed prevails. The delivery charges of the products listed on the Platform are fixed and not negotiable.
e. Delivery shall be made by Augmont’s courier agent at your doorstep. All items shall be delivered directly to such person and under any circumstances whatsoever, customer cannot change the recipient details after the order is processed.
f. Recipient accepting delivery should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. The recipient receiving the delivery also has the option to open the package and check its contents prior to accepting the delivery or signing the delivery receipt. They shall not accept deliveries, where they find that the box is empty or the contents are damaged or the contents are not in accordance to the order placed
g. The recipient, upon signing the delivery receipt, acknowledges the receipt of the product in terms of the order placed with Augmont on FLOATR platform. The Company is not liable to the Customer / recipient for any refund / replacement, under any circumstance, for any subsequent complaints with respect to such deliveries.
h. If the recipient is not available at the time of delivery, the courier agent shall try and deliver the item thrice before returning the same to Augmont. All costs for re-shipment and handling in the case of non-delivery to the Customer shall be chargeable to the Customer
i. Return & Replacement Policy: In the event you receive a damaged / defective article or an article that does not comply with the specifications as per your original order, you are required to get in touch with the Augmont customer service team within 3 business days from the date of receipt of such delivery. Upon receiving your complaint, Augmont shall verify the authenticity and the nature of the complaint. If Augmont is convinced that the complaint is genuine, Augmont shall provide a free replacement subject to the Product being sealed and is returned in the same tamper proof blister packaging in which it was delivered to the Customer. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, Augmont reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by Augmont in this regard.
j. Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, request you to refuse to accept delivery and inform Augmont at the earliest. The return process of the product may be restricted by Augmont depending on the nature and category of the product.
k. Refunds due by Augmont to the customer for non-availability of articles shall be refunded to the customer by Augmont.
Notwithstanding anything contrary contained herein, the service, the interface and API work, and their respective information, pricing and data, and availability are subject at any time and from time to time to human, mechanical, typographic, or other errors, oversights, mistakes, limitations, delays, service interruptions, including, without limitation, as may be due in whole or in part to, related to or arising out of (i) computer hardware and software, telecommunication and operating systems, databases, or business processes and procedures, other problems inherent in, or which may be associated with, the use of the internet and electronic communications including, without limitation, force majeure event , government / regulatory actions, orders, notifications etc. and / or and acts and omissions of third parties etc. affecting or impacting the service, the interface or the API work, its information and data, or such communications. Customer acknowledges and agrees that Augmont / FLOATR is not responsible or liable whatsoever for delays, failures, or other loss due to, caused by or resulting from any such problems, in whole or in part. If your FLOATR account is over credited or wrongfully credited / debited for gold transactions, then Augmont / FLOATR has right to reverse / cancel without notice or require cancellation / reversal of such transaction at its sole discretion and debit / credit the gold to / from your gold investments, as the case may be.
Upon Augmont confirming the purchase or sale-back of Gold by Customer, the instruction of Customer to purchase or sale-back, as the case may be, shall be binding on the Customer and cannot be cancelled.
The Customer shall inform immediately, in any case no later than  days of the transaction, of any irregularities or discrepancies that may exist in his/her Gold investments, failing which it shall be deemed that there is no error or discrepancies in the Gold investments. All records maintained by Augmont / FLOATR, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.
The Customer understands and acknowledges that any purchase, sale-back will be on instructions received by the Customer, and the Customer will not violate any applicable laws or regulations for the time being in force in or outside India. The Customer shall be responsible for complying with applicable laws in respect of the purchase, sale-back including but not limited to the Prevention of Money Laundering Act, 2002, the Prohibitions of Benami Property Transactions Act, 1998, Income Tax Act, 1961 etc including amendment thereof. The customer also agrees and undertakes that he /she will not buy gold in the name of any minor. Augmont / FLOATR will not be liable in any manner in this regard.
Customer feedback pertaining to products shall be deemed to be non-confidential and non-compensatory in nature. Augmont / FLOATR reserves the right, at its sole discretion, to use such information for its internal purposes.
In the event of termination / expiry of Augmont ’s arrangement with FLOATR or otherwise at any point of time, Augmont and/or FLOATR may notify You to sell back Your Gold balance to Augmont or migrate Your gold investments to an alternative platform and continue with gold investments on such alternative platform (as decided by Augmont / FLOATR).
In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
Waiver: Any failure or delay by FLOATR / Augmont to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by FLOATR/ Augmont of that provision or right. The exercise of one or more of FLOATR / Augmont ’s rights hereunder shall not be a waiver of or preclude the exercise of, any rights or remedies available to Augmont / FLOATR under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of Augmont / FLOATR.
Force Majeure: If performance under these Terms by FLOATR / Augmont is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, tmrojan or other disruptive mechanisms, any event of hacking or illegal usage of FLOATR , utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the FLOATR / Augmont and could not have been prevented by reasonable precautions then the Augmont / FLOATR shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the FLOATR / Augmont of its obligations herein.
Absence of relationship: You represent and warrant to FLOATR / Augmont that You have sufficient experience and knowledge to make informed decisions to purchase/ redeem/ sale-back Gold/Redeemable Products. You acknowledge that You are making all of Your own decisions in connection with purchases or redemption or sale-back and that You have not relied on any information made available by FLOATR / Augmont, and that FLOATR /Augmont is not making any recommendation with respect to such purchases/redemption/sale-back/ of Gold/redeemable products. No relationship other than seller-purchaser, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between You and Augmont . Further, these Terms do not constitute any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship between You and FLOATR.
Electronic Order Risks: Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of FLOATR / Augmont. Therefore, FLOATR/ Augmont shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of the order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond FLOATR / Augmont ’s control or anticipation. You acknowledge that pricing or typographical errors may occur and that therefore, in the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, FLOATR / Augmont reserves the right, at our sole discretion, to refuse or cancel or reject any orders placed for the products. Furthermore, Augmont / FLOATR reserves the right to deny or refuse or cancel or reject any orders placed in case of market volatility and/ or unusual circumstances or conditions. This includes, without limitation, unexpected unavailability of product/Gold.
Customer’s responsibility for taxes, tariffs, and duties: You acknowledge that You are solely responsible for all taxes, tariffs, and duties that may be incurred as a result of purchase/redemption/ of Gold/redeemable products. FLOATR / Augmont will only collect taxes, tariffs, and duties on transactions to the extent explicitly required by law. It is Your responsibility to be aware and properly address any taxes, tariffs, and duties to which You may be subject by any local, state and/ or federal governments. If you have any questions about taxes, tariffs, and duties,You should consult a tax or other professional about Your unique circumstances. FLOATR / Augmont does not represent to provide advice or recommendations about Your specific taxes, tariffs and duties and any statements made by us are only for the purpose of raising issues for You to discuss with Your tax or other professional.
Indemnification: Customer hereby agrees to indemnify and keep FLOATR & Augmont indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (‘Losses’) which FLOATR / Augmont or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of:
a. The usage of FLOATR by the Customer;
b. By reason of Augmont’s acting in good faith and taking or refusing to take or omitting to take action on the Customer’s instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer;
c. Breach or non-compliance of the Terms and relating to the gold investments; and/or
d. Fraud or dishonesty relating to any transaction by the Customer.
e. Without prejudice to the foregoing, FLOATR/ Augmont shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of
f. Effecting transaction based on instructions received from Customers.
g. The exercise by Augmont of its right to terminate/exercise the facility/services provided on FLOATR.
h. Any injury to the credit, character and reputation of the Customer due to use of facility/services on FLOATR.
i. Any mis-statement, mis-representation, error, omission in any details disclosed by FLOATR if it receives any process, summons, order, injunction, execution distrait, levy lien, information or notice which FLOATR in good faith believes/calls into question the Customer’s ability, or the ability of someone purporting to be authorized by the Customer, to make the transfer.
Disclaimers and limits of liability: FLOATR does not make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of the Gold with respect to future prices or any return on investment.
You acknowledge that FLOATR will not be liable to You or any other person for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the “excluded damages”), whether or not characterized in negligence, tort, contract, or other theory of liability. Innoevent will FLOATR or any of its directors, employees total liability to you for all damages, losses, liabilities, and causes of action under these Terms and the facility/ services provided by FLOATR collectively exceed the total amount paid by You, if any, for access to that particular products or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You expressly agree that the use of FLOATR is at your sole risk. While we/ FLOATR will take all reasonable precautions to ensure uninterrupted and error-free operations, your access and use of FLOATR is at your sole risk. The service is provided on an “as is” and “as available” basis. We/ FLOATR and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim 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. In no event shall Augmont / FLOATR be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from
a. The use or the inability to use our services or access content
b. The cost of procurement of substitute goods and services resulting from transactions entered into through or from FLOATR
c. The unauthorized access to or alterations of your transmissions or data,
d. Statements or conduct of any third party on the service, or
e. Any other matter relating to any service or product offered, delivered or agree to be delivered, even FLOATR has been advised of the possibility of damages.
You declare that You are an individual not having registration and neither required to take registration under Central Goods and Service Tax Act 2017, State Goods and Service Tax Act 2017, Integrated Goods and Service Tax Act 2017 and Union Territory Goods and Service Tax Act 2017.
You declare that Gold You are selling was previously owned by You for personal use.
You declare that You are not an unregistered dealer of gold and silver or any other precious metal ornament or any related product.
If there has been any misrepresentation by You, You would be solely responsible for all types of tax, interest and penalty due to the government at any given point of time.
Except where noted otherwise, the prices displayed for products on FLOATR represents the value of the respective product. For certain transactions, you shall bear fees and charges in addition to payment for prices displayed on FLOATR. Such additional fees and charges shall be as are stated on FLOATR. Please pay attention to the details of your transactions, because your total price for a transaction may include taxes, surge fees for different payment modes, which you are responsible for paying
Annexure III Referral Offer Terms
FLOATR is offering its Customers a unique link to encourage engagement on the Platform and to gain rewards on the Platform. Under this Program, You can share a unique referral link inviting new users to the Platform (“Invitee”). In the event the Invitee invited by the Customer visits the Platform using a unique referral link for the first time the You shall be rewarded with Reward Points (“Offer”) or any other monetary benefits that might be applicable at that time. An “Invitee” under this Offer should be someone who hasn’t visited the Platform. This Offer, if applicable may be timebound and the Offer can be withdrawn by FLOATR (“Offer Period”) anytime.
Every Customer on the Platform will be allowed to send unique links to other users during the Offer Period. A Customer can send a unique link to multiple users and attain rewards.
FLOATR, in its sole discretion, reserves the right to disqualify any Customer/ Invitee from the benefits of this Offer, if it identifies any fraudulent activity being carried out for the purpose of availing the benefits under the said Offer. The decision of FLOATR in this regard shall be final and binding on the Customer/ Invitee.
FLOATR reserves the right, at its sole discretion to change, modify, add, delete or remove portions of the terms and conditions of the Offer, at any time without any prior written notice to the Customer/ Invitee. The decision of FLOATR in this regard shall be final and binding on the Customer or Invitee.
This is a limited period offer.
This Offer is valid only in India. The minimum age of the Customer or Invitee shall be 18 (eighteen) years.
Further, this Offer is conducted on a best efforts basis and shall not, under any circumstances, be construed as any kind of guarantee or warranty or representations or covenants of any nature whatsoever.
FLOATR retains the right to share any and all data received from the Customer or Invitee under this Offer or anywhere captured on the Platform, with third parties for the sake of analysis and the Customer/ Invitee explicitly consents to the same.
This Offer shall be subject to force majeure events and on occurrence of such an event, the Offer may be withdrawn at the discretion of FLOATR with no prior intimation to the Customer/Invitees. The decision of FLOATR in this regard shall be final and binding on the Customer and/or Invitee.
FLOATR reserves the right, in its sole discretion, to disqualify any Customer or Invitee that tampers or attempts to violate the Offer. The decision of FLOATR in this regard shall be final and binding on the Customer or Invitee.
FLOATR shall not be responsible towards any losses, including but not limited to any damages, claims costs, injury or any other liability in any form arising due to the participation by a Customer/ Invitee in the Offer.
All decisions pertaining to the rewards to be provided to the Customer/Invitee under this Offer are at the sole discretion of FLOATR and are based on a metric.
Customer hereby agrees to indemnify and keep FLOATR indemnified and harmless against all losses, claims, damages, liabilities, costs, expenses, claims, suits and proceedings (including attorney’s fee) that may be suffered by FLOATR as a consequence of
(i) violation of the terms and conditions of this Offer by Customer/ Invitee;
(ii) violation of applicable laws; and
(iii) any action or inaction resulting in willful misconduct or negligence on the part of the Customer/ Invitee.
Any dispute or claim relating to this Offer may be raised by the Customer or Invitee on or before the end of the Offer Period.
This Offer shall be governed in accordance with the applicable laws of India. Courts in Bangalore shall have the exclusive jurisdiction to settle any dispute that may arise under this Offer.
This Offer is not applicable for the Customers from the State of Tamil Nadu in view of the provisions of Tamil Nadu Prize Scheme (Prohibition) Act 1979.
A Customer or Invitee shall not be bound in any way to participate in this Offer. Any participation is voluntary in nature, and the Offer is being made purely on a best effort basis.
The Customer/ Invitee undertake to irrevocably and unconditionally permit FLOATR to post the Offer through various media including but not limited to newspapers, radio, television including news and other channels, internet, point of sale materials, etc., and the Customer/ Invitee shall not raise any kind of objection, protest or demur whatsoever to such coverage, marketing or activity that may be undertaken by FLOATR in this regard.