This document (Hereinafter referred to as “Terms of Use/TOU”) is an electronic record in terms of existing and applicable Information Technology laws and the amended provisions thereto pertaining to the electronic records in various allied statutes as amended pursuant to the Information Technology laws. This electronic record has been generated by a computer system and does not require any authentication. 

In the Site, www.capitabel.com/;   Capitabel Solutions Private Limited (hereinafter referred to as the “Company”). The Company is incorporated under the provisions of the Companies Act, 2013, having its registered office at #E162/5, Tiger Varadachar Road 1stCross Kalakshetra Besant Nagar Chennai 600090 

The following terms and conditions will be deemed to have been accepted by you (“User”) on mere visitation and / or usage of the services of this Website/ Mobile Application. You are asked to read them carefully before you visit/ use this Website/Mobile Application. 

DEFINITIONS: 

1. The term “User”, “Client” or “You” (or any variant of the said pronoun) shall refer to the user who is browsing or using the services of this Website/ Mobile Application. 

1. The term “Company” shall refer to the concerned company “Capitabel Solutions Private Limited” and/or its affiliates/subsidiary companies. 

1. The term “Site” or “Website” refers to www.capitabel.com if any, owned, monitored by, or associated with the Company and includes the software, Materials, text, images, graphics, video and audio and applications on such Site. 

1. The terms “Content”, “Technology” and “Material” shall have the same meaning, as defined under Clause 3 of the Terms of Use. 

1. The term “Product” or “Services” refers to access to the information primarily about Financial and Insurance products and services including but not restricted to General Insurance, Life Insurance products and related services (including but not limited to renewals) provided by Company to the User. 

1. The term “Personal Information” and “Information” provided by the User shall include any personal information or data, sensitive personal data, or any other information so provided by the User to the Company, in accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data) Rules, 2011, and the allied rules and regulations. 

 DESCRIPTION OF SERVICES: 

1. The Company is one of India’s largest distributor of loans, mortgage, financing and financial instruments such as credit cards, home loans, unsecured business loans and car loans. By using the Website/ Mobile Application, the User agrees to follow and be bound by the terms and conditions concerning the use of the Website/ Mobile Application. Users are responsible for obtaining access to the Website / Mobile Application and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website / Mobile Application. By making use of this Website / Mobile Application, and furnishing your personal / contact details, you hereby agree that you are interested in availing and purchasing the Service(s) that you have selected. You agree that you are fully responsible for the content you submit. You hereby agree that Company may contact you either electronically or through phone, to understand your interest in the selected products and Service(s) (like renewals, reminders etc.), product announcements and to fulfill your demand. You also agree that Company reserves the right to make your details available to its affiliates and partners and you may be contacted by the affiliates and partners for information and for sales through email, telephone and/or SMS. You agree to receive promotional materials and/or special offers from Company through email or SMS. The Company may revise the Terms of Use at any time without notice to the User. Areas of this Website/ Mobile Application may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Website/ Mobile Application, the latter shall have precedence with respect to the use of that area of the Website/ Mobile Application. 

1. The Company reserves its right to terminate/suspend a User’s access at any time if the activities with respect to the same are found to be in non-compliance of the Terms of Use (or terms of use of a specific area of this Website/ Mobile Application), privacy policy or the applicable laws. The provisions regarding a disclaimer of warranty, accuracy of information and indemnification shall survive such termination. The Company may monitor the User’s access to the Website/ Mobile Application, in accordance with the applicable laws and the Company’s Privacy Policy and Terms and Conditions of the Website/ Mobile Application. 

1. All Materials present on this Website/ Mobile Application are the exclusive property of the Company. The software, materials, text, images, graphics, video and audio used on this Website/ Mobile Application belongs to the Company. No Material from this Website/ Mobile Application may be copied, modified, reproduced, republished, uploaded, transmitted, adopted, posted or distributed in any form whatsoever without prior written permission from the Company. All rights not expressly granted herein are reserved. Unauthorized use of the Materials appearing on this Website/ Mobile Application may violate copyright, trademark and other applicable laws, and may result in appropriate criminal and/or civil actions. 

1. The User consents to the sharing of his information with third parties at the Company’s discretion, to the extent necessary or recommended for a proper and effective provision of services to the customer by the Company. The Company reserves the right to use the information to provide the User a more personalized online experience. 

1. The User agrees and authorizes the Company to share their information with its group companies and other third parties, in so far as required for the lawful purposes connected with the functioning of the Company or activity of the Company or any person on its behalf and considered necessary, thereof, for such purposes, including to provide you with various value added services, in association with the services selected by you or otherwise. 

1.    You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

1. The Users may review the information provided by him / her to the Company, to ensure that any such information if found to be inaccurate or deficient may be corrected or amended, as feasible. 

1. The Company shall not be responsible in any manner for the authenticity or accuracy of the information supplied by the provider of information to the Company or such other person acting on behalf of the Company. However, the Company shall take requisite steps as it may deem necessary and reasonable for ensuring and verifying the accuracy and completeness of such Client Information before using the same in relation to the Client. 

1. The User consents that the Company may transfer information to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the body corporate, in accordance with the Information Technology Act, 2000 and its Rules and Regulations. The Company will retain and use your information as necessary or recommended to comply with its legal obligations, resolve disputes and enforce the agreements entered into for providing services. 

1. The User agrees that no information whatsoever, on the Website/ Mobile Application shall be deemed to be financial or other advice or recommendation to purchase any product or service offered by the Company. The Company strongly advises the User to seek independent professional advise before purchasing any product or services offered by Website/ Mobile Applications in general. 

1. The User agrees and understands that the Company is not liable in any manner whatsoever, in relation to any information or quotation presented to the User through the Website/ Mobile Application by third parties and service providers. Further, the user agrees and understands that the products and services as shown on the Website/ Mobile Application are offered and provided by third parties and not the Company itself, and that the Company as such has no control over them. 

1. In light of the same, the Company shall not be held liable in any manner whatsoever due to any loss or damages that the User may incur while purchasing such products or availing such services. The Company strongly advises the User to satisfy himself / herself before purchasing any product or availing any services offered on the Website/ Mobile Application. 

1. The User agrees and understands that the Company in no manner whatsoever shall be held responsible for any losses or damages arising from an inability to access the Website/ Mobile Application, from any use of the Website/ Mobile Application or from reliance on the data transmitted through the Website/ Mobile Application where such losses or damages are caused by any event beyond the control of the Company, including but not limited to, as a result of the nature of electronic transmission of data over the internet. The User further agrees and understands that the Company is not responsible or liable for any direct / indirect losses or damages suffered or incurred by the User which were not foreseeable by the Company when the User accessed / used the Website/ Mobile Application. 

1. The User agrees to warrant that he / she has taken all possible measures to ensure that the data / information so entered into the Website/ Mobile Application is true and accurate. 

1. The User agrees and understands that his / her telephonic conversation(s) with the support desk of the company (through the numbers mentioned on the Website/ Mobile Application) may be monitored or recorded. This will help the Company to train its staff and improve its services to the User. The User further agrees and understands that the customer service help line shall be available only on the times notified in the contact us section of the Website/ Mobile Application, and that he / she will be charged by the concerned network provider for any calls made by him / her. 

1. The User understands that the products displayed on the Website/Mobile Application are examples of products currently available and does not constitute advise or a recommendation to purchase a particular credit card or loan product. The Company receive fees from certain lenders/credit card issuers or agents/distributors/brokers who advertise on or are linked to the Website/ Mobile Application. The Company retains the fees and does not charge the User for the services offered via the Website/ Mobile Application. The Company advises the User to be aware that it is very important that before he / she applies for a loan or a credit card product, he / she carefully reads the terms on the application form which will include details of the interest rates applicable and any early prepayment charges and other charges if relevant. 

1. Feedback

Unless expressly provided otherwise by the Company, all comments, feedback, information or Materials submitted to the Company through or in association with this Website/ Mobile Application shall be considered to be the concerned Company’s property. By submitting such comments, feedback, information or Materials to the Company, the visitor of the Website/ Mobile Application agrees to a no-charge assignment to the concerned Company of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or Materials. The Company shall be free to use, copy, publish or distribute such comments, feedback, information or Materials on an unrestricted basis without any accountability or responsibility for the same to the visitor / User of the Website/ Mobile Application. 

1. Ownership

The Website/ Mobile Application contains, inter alia, information, applications, content or advertisements, texts, photographs, designs, graphics, images, sound and video recordings, animation and other Materials and effects (Hereinafter collectively, referred to as the “Content“) that are protected by applicable intellectual and proprietary rights owned by the Company, its affiliated companies, holding companies and subsidiary companies or other third parties. All trademarks and copyrighted information contained on the Website/ Mobile Application are the property of their respective owners. Further, the Company retains all rights (including intellectual property rights), title and interest in the Website/ Mobile Application, technology, and all underlying technology and data including, inter alia, any enhancements, software, applications and improvements related to the Website/ Mobile Application (the “Technology“) (the terms “Content” and “Technology” collectively will be referred to as the “Materials“). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice without the express written permission of the Company. 

III. Permission to use information/ Materials on this Website / Mobile Application 

Permission is hereby granted to electronically copy and to print in hard copy, limited portions of the Materials published by the Company in this Website/ Mobile Application for the sole purpose of using Material/information contained therein for personal information and non-commercial use only. Except in connection with personal information and non-commercial use, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, adopted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of the Company. Any other use of Materials/ information on the Website/ Mobile Application, including any commercial use, reproduction for purposes other than that noted above, modification, distribution, or republication without the prior written permission of the Company is strictly prohibited and may violate copyright or trademark laws, as applicable. 

The User shall not, either directly or indirectly: 

• Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website/ Mobile Application or Materials without the express written permission of the Company; 

• Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers; 

• Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices; 

• Use any network monitoring or discovery software to determine Website/ Mobile Application architecture, or extract information about usage or users; 

• Reformat or frame any portion of the Website/ Mobile Application or Materials; 

• Use any device, software or routine that interferes with the proper working of the Website/ Mobile Application, or otherwise attempt to interfere with the proper working of the Website/ Mobile Application; 

• Take any action that imposes, or may impose in its sole discretion an unreasonable or disproportionately large load on its infrastructure; 

• Attempt to gain unauthorized access to other computer systems; 

• Violate the Website/ Mobile Application Terms, applicable law or the rights of others; or disrupt or interfere with the security of, or otherwise cause harm to, the Website/ Mobile Application. 

ALL CONTENTS ON THIS WEBSITE/ MOBILE APPLICATION ARE APPLICABLE PROPRIETARY AND INTELLECTUAL RIGHTS OF THE COMPANY, ITS AFFILIATED COMPANIES, HOLDING COMPANIES, SUBSIDIARY COMPANIES AND OTHER THIRD PARTIES. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEBSITE/ MOBILE APPLICATION MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THE COMPANY. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS WEBSITE/ MOBILE APPLICATION FOR ANY PUBLIC OR COMMERCIAL PURPOSES. 

1. Representations

If and when the need arises the User agrees and understands that he / she is solely responsible for maintaining the confidentiality of his / her password which, together with the Login ID (as may be applicable in accordance with the service selected), allows him / her to access the service. The login ID and password, together with any mobile number or other contact information that may have been provided, form the registration information (“Registration Information“). The User further agrees that he / she is solely responsible for maintaining the confidentiality of his / her Login ID and password, and for restricting / monitoring access to his / her computer. The User further agrees to accept responsibility for all activities that occur through his / her account or password. The Company strongly recommends that the User exits/ logs out from his / her account at the end of each session. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. You further agree that the Company shall not be liable for any unauthorized use or access unless it is proved that the unauthorized use or access occurred solely due to reasons directly and substantially attributable to the Company. 

You shall provide true, accurate, current and complete information about yourself and undertake to inform/update the Company of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of services by or through the Company. You agree not to misrepresent your identity nor will you attempt any unlawful access to the Website/ Mobile Application or use of the services of the Company. Additional terms and conditions will apply to your purchase of services that you select. Please read these terms and conditions carefully. 

1. Eligibility and USE

In consideration of your use of the Website/ Mobile Application and registering with us, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction and will only use the Website/ Mobile Application to make legitimate purchases or availing of services offered by the Company for you or for another person for whom you are legally authorized to act (and will inform such other persons about the TOU and/or Privacy Policy of the Company) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto). Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their accounts to another party. If you do not qualify, you may not use the Service or the Website / Mobile Application. 

You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website / Mobile Application. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website / Mobile Application (or any portion thereof). If you use the Website / Mobile Application, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your Electronic device. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Website / Mobile Application and the Services we offer, at any time and for any reason, including, but not limited to, for violation of the ToU or Privacy Policy. 

1. Automated Activity

The Website/ Mobile Application may use robot exclusion methods, which include robots.txt files and HTML meta tags, which expressly allow and/or exclude specified automated programs from accessing certain portions of the Website/ Mobile Application. Much of the information on the Website/ Mobile Application is updated on a real time basis and is proprietary or is licensed to the Company by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website/ Mobile Application for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website/ Mobile Application. Additionally, you agree that you will not bypass the Company’s robot exclusion methods or other measures that the Company may use to prevent or restrict access to the Website/ Mobile Application. 

VII. Third Party Links/Offers 

This Website/ Mobile Application may provide links to other Website/ Mobile Applications or resources. Since the Company has no control over such third-party Website/ Mobile Applications and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, 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. You further acknowledge and agree that the Company 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. Your interaction with any third -party link or Website/ Mobile Application accessed through the Website/ Mobile Application is entirely at your own risk, and Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties. Further, it is reiterated that the advertisements displayed on the Website/ Mobile Application are delivered by third parties and are beyond the reasonable control of the Company. The User agrees and understands that his / her details may be shared with the advertiser that he / she chooses on the Website/ Mobile Application, and the Company shall not be held responsible in any manner whatsoever for any loss or damage whatsoever, that he / she incurs as a result of any conduct of such third-party advertisers. The Company strongly advises the User to conduct proper background checks before engaging the services as advertised on the Website/ Mobile Application, and should refrain from doing so in the event of any doubt. For the removal of doubts, the Company disclaims any liability without exception, arising out of the transaction between the User and any advertiser, which may have taken place as a result of the advisement displayed on the Website/ Mobile Application. 

VIII. CUSTOMER DUE DILIGENCE REQUIREMENTS (CDD) 

You agree and acknowledge that for undertaking any financial transaction through the website, Our Company may undertake client/customer due diligence measures and seek mandatory information required for KYC purpose which as a customer/client you are obliged to give, while facilitating your request of insurance requirements with the insurance company(ies), in accordance with applicable laws and rules. Where required, you hereby consent to and authorize Our Company to obtain your credit information through authorized entities. Our Company may obtain sufficient information to establish, to its satisfaction or the insurance company, the identity of each new customer, and the purpose of the intended nature of insurance relationship between you and the insurance company(ies). You agree and understand that you shall ensure that any payment towards insurance premium is remitted only through your bank account or from a joint bank account in which you are a joint holder. In the event, payment towards insurance premium is remitted through a bank account opened in the name of a third party(i.e. not being in your name), you agree and acknowledge that Our Company can undertake enhanced due diligence measures(including any documentation), to satisfy itself relating to customer due diligence requirements. You further agree and acknowledge that, in line with the requirements and obligations under the PMLA Act and rules, all refunds shall be processed by the insurance company(ies) through us to the bank account which was used to remit payment of insurance premium. 

1. USER UNDERSTAND AND AGREE TO SECTION 41 OF INSURANCE ACT
2. a) No person shall allow or offer to allow, either directly or indirectly, as an inducement to any person to take out or renew or continue an insurance in respect of any kind of risk relating to lives or property in India, any rebate of the whole or part of the commission payable or any rebate of the premium shown on the policy, nor shall any person taking out or renewing or continuing a Policy accept any rebate, except such rebate as may be allowed in accordance with the published prospectuses or tables of the insurers.
3. b) Any person making default in complying with the provision of section 41 of the Insurance Act, 1938 shall be liable for a penalty as may be prescribed therein from time to time”.
4. Reasonable security practices and procedures

The Company has in place, reasonable measures to protect and safeguard the information provided by the User on its interface in accordance with the Information Technology Act, 2000 and its allied Rules and Regulations. However, the User indemnifies the Company from any kind of liability in case of any loss of data / information belonging to the User, resulting from an event, which could not have been prevented by the exercise of prudence on the part of the Company. Our privacy policy can be accessed through the link provided below: 

https://www.capitabel.com/privacy-policy/ 

1. Governing law and Jurisdiction:

This Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties hereto shall be governed by the existing laws of India. 

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: 

Name: Mr. Harish 
Email address:  admin@capitabel.com 

If the matter is not resolved at the first instance by the concerned Grievance officer and the Parties fail to reach an amicable settlement, all disputes or differences arising out of or in connection with this Terms of use or its performance thereof, shall be referred to arbitration at the request of a Party upon written notice to that effect to the other Party and such arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, 

In the event of failure to appoint a sole arbitrator, each Party shall appoint an arbitrator of their choice, who shall then jointly appoint a third arbitrator who will act as the Presiding Arbitrator (Umpire). 

The Award of the Arbitrator shall be final and binding upon the Parties. The Seat of Arbitration shall be Chennai only. The language of the arbitration proceedings shall be English. 

Nothing in this clause or in the Arbitration and Conciliation Act, 1996, shall, in any way, affect the right of either Party to seek such interim relief, and only such interim relief, as may be needed to maintain the status quo in aid of the arbitration in a court of competent jurisdiction in Mumbai. 

The User agrees and understands that the any dispute in relation to transaction entered into by the User in respect of any products or services displayed on the Website/ Mobile Application, but not offered per se by the Website/ Mobile Application shall be liable to be settled between the User and such third party offering the products or services, as the case may be. 

XII. Warranty, liability, indemnification 

THE DOCUMENTS, GRAPHICS, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE/ MOBILE APPLICATION MAY INCLUDE INACCURACIES OR TECHNICAL OR TYPOGRAPHICAL ERRORS, INCLUDING PRICING ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES HEREIN AT ANY TIME. THE COMPANY DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE WEBSITE / MOBILE APPLICATION AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE / MOBILE APPLICATION FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE / MOBILE APPLICATION DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE / MOBILE APPLICATION, ITS SERVICES OR ANY EMAIL SENT FROM COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE OR ASSOCIATED SERVICE PROVIDERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NO INFRINGEMENT. THE SERVICE PROVIDERS PROVIDING SERVICES ON THIS WEBSITE / MOBILE APPLICATION ARE INDEPENDENT AFFILIATES AND COMPANY ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFORE. COMPANY AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE OMISSIONS DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE / MOBILE APPLICATION OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE / MOBILE APPLICATION (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE / MOBILE APPLICATION; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE / MOBILE APPLICATION; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE / MOBILE APPLICATION) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COMPANY AND/OR ITS AFFILIATES THEIR RESPECTIVE SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

XIII.    Indemnity 

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that the Company may incur as a result of or arising from your (or anyone using the Website/ Mobile Application on your behalf) violation or breach of any representation or obligation under the Website/ Mobile Application. 

The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company’s defence of such claim. 

XIV.     Electronic Notices and Transactions 

You agree to transact with the Company electronically. This means you agree to accept any terms and conditions and to transact any business with the Company by electronic means, which includes receiving all documents in HTML or PDF format and communicating over the Internet. You also certify that you are at least 18 years of age and have lawful and authorised access to the Internet to inter alia, receive the Company’s services, to request that the Company contact you about its services, to participate in the Company’s text message program, and to view, print and retain all documentation. You authorize the Company to send you important notices about the Website/ Mobile Application and any pending transactions to an email address you provide to us, if you are a member of the Company or have requested that the Company contact you about our services. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails the Company sends you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with the Company, you may no longer use the Website/ Mobile Application or Company’s services. You can retrieve and review the Website/ Mobile Application Terms at any time by visiting www.capitabel.com as the case may be. 

1. Access

You are responsible for obtaining at your own expense all equipment and services required for your lawful and authorised access and use the Website / Mobile Application, including all devices, Internet browsers and Internet access. If you access the Website / Mobile Application or a Website/ Mobile Application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services. Company grants you a limited license to access and make personal use of the Website / Mobile Application and the Service. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Website / Mobile Application and the framing of any Content available through the Website / Mobile Application uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting 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; any action that imposes or may impose (in Company’s sole discretion) an unreasonable or disproportionately large load on Company’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Company to prevent or restrict access to the Website / Mobile Application. Any unauthorized use by you shall terminate the permission or license granted to you by Company. By using the Website / Mobile Application you agree not to: (i) make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand; (ii) access, monitor or copy any content or information of this Website / Mobile Application using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iii) violate the restrictions in any robot exclusion headers on this Website / Mobile Application or bypass or circumvent other measures employed to prevent or limit access to this Website / Mobile Application; (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; or (v) “frame”, “mirror” or otherwise incorporate any part of this Website / Mobile Application into any other website without our prior written authorization. 

XVI.  Amendment in terms of use: 

Please note that these Terms of Use may change from time to time. The Company will not reduce your rights under this Policy without your explicit consent. Regardless, the Company will post any Policy changes on this page and, if the changes are significant, the Company will provide a more prominent notice. Each version of this Policy will be identified at the top of the page by its effective date. All Contents and Material are intellectual and proprietary rights of the Company its affiliated companies, holding companies and subsidiary companies and other third parties. All rights reserved without prior written approval from the Company, and no portion of the Terms of use may be copied/ reproduced or adopted in any form, or by any means. 

XVII.   Miscellaneous 

The Company reserves the right to investigate complaints or reported violations of the Website/ Mobile Application Terms and to take any action the Company deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted Materials, IP addresses and traffic information. The Company reserves the right to seek all remedies available at law and in equity for violations of the Website/ Mobile Application Terms, including but not limited to the right to block access from a particular internet address to any of the Company’s Website/ Mobile Application(s). These incorporate by reference any notices contained on the Website/ Mobile Application and constitute the entire agreement with respect to access to and use of the Website/ Mobile Application, including but not limited to your request that the Company may contact you about its services, and/or your participation in  Website/ Mobile Application’s programs and/or services. You agree that the provisions and covenants set forth herein are reasonable. In the event that any provision or covenant of the Website/ Mobile Application Terms shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Website/ Mobile Application Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Website/ Mobile Application Terms to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable. 

In addition to the other disclaimers and limitations, there are no guarantees and no warranties regarding online availability, impressions, and click-through of capitabel.com  its web pages, and any material, information, links, or content presented on the web pages at capitabel.com, its web pages, and any material, information, links, or content presented on the web pages at capitabel.com may be unavailable for online access at anytime. Advertising sponsors and advertising, if any and if permitted, must be approved by Company before the posting of any advertising material, information, links, content, banners, and graphics on capitabel.com Company reserves the right to accept or to reject any advertising sponsor or any advertising for any reason. 

Nothing on any Company website shall be construed as conferring any license under any of Company’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise. 

The Company shall not be deemed to have waived any rights or remedies in the Website/ Mobile Application Terms unless such waiver is in writing and signed by the Company. No delay or omission on the part of the Company in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a waiver of any rights or remedies on future occasions. 

The Website/ Mobile Application Terms constitute the entire agreement and understanding between you and the Company, except as the Company may later modify the Website/ Mobile Application Terms. The Website/ Mobile Application Terms supersedes all prior agreements and understandings, oral or written, relating to the subject matter contained herein. 

Please do not use the information on the Company’s Website/ Mobile Application to distribute unsolicited bulk e-mails, solicitations or inquiries. The foregoing acts will constitute a violation of the Website/ Mobile Application Terms.