Thank you for using BLOSTEM FinTech Private Limited’s (hereinafter referred to as “BLOSTEM”) platform (hereinafter referred to as the “Platform”) through BLOSTEM FinTech’s mobile application (hereinafter referred to as the “App”). This Platform Terms of Service (hereinafter referred to as the “Agreement” or “Terms of Service”) is a legally binding agreement between you (hereinafter referred to as the “you”, “your”, User(s)”, “Customer(s)” or “Investor(s)”) and BLOSTEM FinTech, and/or its subsidiaries and affiliates (together referred to as “we”, “us” or “our(s)”). You acknowledge and agree that your use of the Platform shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement, and to the Platform Privacy Policy referenced herein and any related terms. If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at  [email protected] PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. You represent and warrant to us that you will use the Platform in a manner consistent with all Applicable Laws. We reserve the right to refuse access to use the Platform or to terminate access granted to existing Users at any time without according any reasons for doing so.


BLOSTEM FinTech provides a Platform through its App, where Users can obtain financial advice, create financial goals, tag brands, earn reward points and purchase products offered by the brand partners and reward partners (collectively, the “Partners”) along with providing financial planning and monitoring tools to the Users, and allowing aggregation of financial and non-financial products (“Services”).


Subject to your compliance with the terms of this Agreement, BLOSTEM FinTech grants you a personal, limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use the Platform and content made available in or otherwise accessible through the Platform strictly in accordance with this Agreement. You agree that you shall not claim any ownership in or rights to the BLOSTEM FinTech including the data or content originated by the BLOSTEM FinTech. Other than the License to access BLOSTEM FinTech platform and content made available, you shall not have any right, title or interest in BLOSTEM FinTech. When accessing the Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your hardware, hardware compatibility and internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply. The Platform acts as a medium connecting Users, Partners, and service providers. Other than as expressly set out in these Terms, we do not make any specific promises about the Services. We don’t make any commitments about the content within the Services, the specific functions of the Services, or their availability to you at all times.


You agree that the Platform including the graphics, our trademarks and editorial content contains proprietary content, information, and material, which are owned by BLOSTEM FinTech and/or our licensors, including our customers, brands and agencies and Partners, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of the Platform or in any manner that is inconsistent with the terms contained in this Agreement. You acknowledge and agree that the Platform is provided for your use. Except to the extent necessary to access and use the Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to the App and the Platform whether expressly, by implication, by estoppel, or otherwise. BLOSTEM FinTech, its licensors, Partners, and service providers reserve and will retain their entire right, title, and interest in and to the content on the Platform including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.


The Platform Privacy Policy describes how BLOSTEM FinTech will handle the personal and financial information you provide to us when you register to use the Platform. You understand that through your use of the Platform, you consent to the collection and use (as set forth in the Platform Privacy Policy) of this information, including the transfer of this information to other countries for storage, processing and use by BLOSTEM FinTech, Partners and our affiliates.


To be eligible to use the Platform, you must meet the following criteria and represent and warrant that you: are not our competitor, or are not using the Platform for reasons that are in competition with us; will only maintain one registered account at any given time; have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and agree to provide at your cost all equipment, browser software, and internet access necessary to use the Platform.


You can access and use the Platform via the App which can be downloaded and installed from the Google Play Store and Apple App Store only. You agree that BLOSTEM FinTech has the right to disable your access and use rights, at any time if, in BLOSTEM FinTech’s opinion, you have violated any provision of this Agreement and/or the Platform Privacy Policy. You agree to cooperate with BLOSTEM FinTech if the security of the Platform is compromised by you or another person through the use of the App. BLOSTEM FinTech will not be liable for any loss or damage arising from your failure to comply with this Section. We collect personal and financial information (as set forth in the Platform Privacy Policy), which we need from you when you register to use the Platform and our Services. This information is necessary for us to provide the App, the Platform and the Services to you and is stored on our servers to enable us to continue to provide the App, the Platform and the Services to you. Upon your written request, BLOSTEM FinTech will provide you with a list of all personal information that BLOSTEM FinTech stores on you within sixty (60) days of receiving your request. Also, upon your prior written request, BLOSTEM FinTech will delete any such information within sixty (60) days of receiving your request. Notwithstanding, please note that, if you ask BLOSTEM FinTech to delete all such information, we will not be able to continue to provide the App, the Platform and/or our Services to you. Please send your requests to BLOSTEM FinTech at [email protected]


You will be responsible for maintaining the confidentiality of your account information. You also agree to keep your login credentials safe and confidential at all times. You further agree to promptly change your login credentials and contact us at [email protected] immediately in case of any actual or suspected unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply from this Section.


BLOSTEM FinTech shall maintain the confidentiality of the User’s Confidential Information as per the Platform Privacy Policy. Further, we will ensure that any third party, with whom the information is being shared, are under contractual obligations to protect the Confidential Information of the Users, and to use it only to provide the services to the extent as required under the agreement with us. The User agrees not to use or disclose the information provided under the Service to any third party including any discussion forums or for any unauthorized illegal purpose. The User also agrees to use the information provided under the Service strictly for personal purpose. Notwithstanding the above, BLOSTEM FinTech shall be entitled to disclose any Confidential Information pertaining to you to any authority, statutory or otherwise as may be required by law.


You agree to indemnify, defend and hold harmless BLOSTEM FinTech from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection with the use of Services and interest chargeable thereon) asserted against or incurred by BLOSTEM FinTech that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use. Further, you agree to hold BLOSTEM FinTech harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform or Services, your material causing damage to a third party, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are permitted to indemnify BLOSTEM FinTech and you agree to cooperate with our defense of these claims. You agree not to settle any matter without prior written consent from BLOSTEM FinTech. You expressly understand and agree that BLOSTEM FinTech, its subsidiaries and/or affiliates and its officers, directors, consultants, agents, employees, or vendors shall not be liable to you, or any third party for: Any direct, indirect, consequential, exemplary, punitive or incidental loss or damages which may be incurred by you, however caused. This shall inter alia include any loss of profit, any loss of goodwill or business reputation, any loss of data suffered or other intangible losses; and Any loss or damage incurred by you including but not limited to (i) any loss or damage as a result of any changes which the BLOSTEM FinTech may make to the Services or any permanent or temporary cessation in the provision of the Services or of any features within the Services, or (ii) the deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the Services. The limitations on the BLOSTEM FinTech’s liability to you, as set out below shall apply, whether or not such loss or damages were foreseeable and whether or not the BLOSTEM FinTech has been advised of or should have been aware of the possibility of any such losses or damages. Our total liability in any matter arising out of or related to this Terms of Use is limited to the aggregate amount that you paid in the concerned transaction, pursuant to using the Services. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.


In consideration of the grant of license and provision of the services of BLOSTEM FinTech, you may be required to pay a mutually decided subscription fee. BLOSTEM FinTech reserves all rights to terminate the subscription or access to the platform in case of non-payment of fee. In order to make payments online, you undertake to use a valid payment card, to have sufficient funds or credit available to complete the payment. You will be solely responsible for the security and confidentiality of your payment card details. By providing payment card information, you represent, warrant and covenant that you are legally authorized to provide such information and perform payments from the payment card account.


You acknowledge and agree that, in no event will we be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use the App and the Platform, including, without limitation, any information made available through the Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times (1x) the aggregate of payments received under this Agreement. To the extent that we may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under applicable law.


The Platform and the services may, at any time, be suspended / disallowed /modified for such reason and for such time period as deem fit like inactive / dormant user id, noncompliance of the terms stated herein, death, insolvency, bankruptcy of the investor, any other cause arising out of the operation of law or such other reason as deems proper. You may terminate this binding legal Agreement with BLOSTEM FinTech at any time by providing fifteen (15) days’ prior written notice or deactivating your user id and password, with a possible termination charge. BLOSTEM FinTech reserves the right to suspend or terminate your account or cease providing you with access to all or part of the Platform at any time for any or no reason by providing thirty (30) days’ notice by way of SMS to your registered phone number or your registered email ID. The reasons for such suspension or termination of your use of the Platform may include, but not limited to, if BLOSTEM FinTech reasonably believes: (i) you have violated this Agreement or the Platform Privacy Policy, (ii) you create risk or possible legal exposure to us; or (iii) BLOSTEM FinTech’s provision of the Platform to you is no longer commercially viable. In all such cases, this Agreement shall terminate, including, without limitation, your license to use the App and the Platform. In the event of termination for any reason whatsoever, you shall be liable to pay all outstanding charges and dues, if any.


In the event of termination of this Agreement, no portion of the Investment Advisory Fee or any other fee made to BLOSTEM FinTech shall be owed or be repayable to the User.


If you believe that any content on the Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated agent: Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by BLOSTEM FinTech in connection with the written notification and allegation of copyright infringement.


This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.


You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer the App and the Platform in violation of any laws or this Agreement.


You agree that any violation of this Terms of Service and Platform Privacy Policy will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate. You agree that these remedies are in addition to any other remedies that we may have at law or in equity.


BLOSTEM FinTech reserves the right, at our sole discretion, to change or modify this Agreement at any time. In the event, BLOSTEM FinTech modifies the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. BLOSTEM FinTech will inform you about the modifications via email or on the App or the Platform by posting a modified version of this page, or by a comparable means within a reasonable time period. Your continued use of the App and/or the Platform shall constitute your consent to such changes.


The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contractors. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind BLOSTEM FinTech to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of BLOSTEM FinTech.


This Agreement shall be governed by the law of the republic of India, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the courts located in New – Delhi, India.


Any claim, dispute or difference relating to or arising out of this Terms of Service and Platform Privacy Policy shall be referred to the arbitration, of a sole arbitrator appointed mutually. The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time. The seat and venue of arbitration shall be New – Delhi, India. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.


This Agreement along with the Platform Privacy Policy, constitute the entire agreement between you and us and supersedes any prior agreements between you and us with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use the App and the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to us shall be given by certified mail, postage prepaid and return receipt requested to us at 8A/37G, GF, PLOT NO-37G, BLOCK NO-8A, W.E.A KAROL BAGH, Delhi, Central Delhi, Delhi, India, 110005. Any notices to you shall be provided to you through the App and/or the Platform or given to you via the email address or physical address you provide to BLOSTEM during the registration process.

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