Terms & Conditions
This document is a written binding agreement and an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Effective Date: 1st Day of July,2019
Welcome to Yieldspace.com! We are a digital real estate advertising / marketing and information services platform connecting people with the real estate market. Meraqi Advisors and our subsidiaries and affiliates (collectively the “Company” or "Meraqiadvisors.com" or “Meraqi” or “We”) provide you with access to a variety of services, including but not limited to the www.Meraqiadvisors.com and www. Yieldspace.com Website/s (the "Website") and Meraqi’s mobile applications (the “Mobile App” ) and all the products and services available through our Website and Mobile App (collectively the "Services").
We may suspend and/or deny access to the Service for any reason at any time. Meraqi may discontinue or change any element of the Service, or any product or service described in or offered on the Website or Service, at any time.
You agree that this Agreement does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Services (collectively, "Updates"). We may occasionally provide automatic Updates to the Services at our sole discretion (and without any advanced notification to you). Any such Updates for the Services shall become part of the Services and subject to this Agreement.
We do not undertake any obligation or responsibility to update or amend any information available on this Website, and accept no responsibility for the accuracy or completeness of any information available as part of the Service. Such information is based on sources believed to be reliable, but accuracy cannot be guaranteed.
Meraqi further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Website at any time and for any reason. You agree that Meraqi and its subsidiaries and affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance. No part of the Service constitutes a recommendation, solicitation or offer to buy or sell any securities or other financial instruments, make any investment, endorse any particular company, product, portal or service provider, or provide any investment advice or service.
The Service has been prepared without reference to any particular User's investment requirements or financial situation, and is not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where Meraqi is not authorized to provide such information or services.
- TO WHOM DOES THIS APPLY
This Agreement applies to everyone who uses our Services.
(i)Users: "Users" are everyone who uses our Services.
- DESCRIPTION OF SERVICE
The Website provides online tools to assist potential real estate investors in accessing the investment class of private market real estate. The Service allows investors to diversify their portfolios across a hand-picked selection of private market real estate investment opportunities thereby allowing investors to unlock new and exciting opportunities for portfolio growth.
- WHAT WE ARE NOT
- We are not your financial or legal advisor.
- We are not an investor advisor.
- We do not function as a broker.
- We have no fiduciary obligations to you.
- We are not responsible for verifying that any investor is an “accredited investor” or for performing other diligences on investors.
- We are not responsible for verifying that information on the Website is true, accurate or complete.
- We are not responsible for ensuring that your offering complies with applicable law.
- REGISTRATION AND YOUR ACCOUNT
You are required to register with the Website in order to access and use the Services. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the MY YIELDSPACE area of the Website.
If you are under 18 years of age, you are not authorized to use the Service, with or without registering.
- REPRESENTATIONS BY USER:
By using the Service, you represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all information you submit is accurate and truthful and not misleading. You may not use a false name or an email address that is owned or controlled by another person. If you are using the Service on behalf of any entity, you represent and warrant that such entity has authorized the acceptance of this Agreement and the use of the Website and Services, and that you have the full corporation power and authority to accept the terms and conditions of this Agreement on such entity's behalf. You also represent, warrant and covenant that if any aspect of your participation in or your use of the Website or Service violates any provisions of law to which you are subject you will cease using the Website and Service and close your membership/ account.
- GENERAL PRACTICES REGARDING USE AND STORAGE:
- You acknowledge that Meraqi may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Meraqi’s servers on your behalf. You agree that Meraqi has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.You acknowledge that Meraqi reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Meraqi reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Conditions of Use
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Meraqi, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the Website for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
- to send, use or reuse any material that does not belong to you; or is illegal, offensive , deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark and other intellectual property rights, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
- to cause annoyance, inconvenience or needless anxiety
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
Meraqi reserves the right to investigate and take appropriate legal action against anyone who, in Meraqi’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service,suspending or terminating the account of such violators and reporting you to the law enforcement authorities
- Rules Related to User Content
In addition to the other provisions of this Agreement the following rules pertain to content you post on the Website (the "User Content"). We reserve the right to remove any information, data, or opinions, from the Website or Service at our sole discretion. By transmitting and submitting any User Content while using the Service, you further agree that:
- you will not post any User Content or other information that is malicious, false, inaccurate or misleading;
- you will not submit User Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content and to grant us a license to display such content;
- you understand that User Content posted by you may be republished and if you do not have the right to submit User Content for such use, you may be subject to liability for which Meraqi will not be responsible;
- you will not post information in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- you understand that User Content that you post on the Website or disclose using the Service may be obtained by third parties using the Service or otherwise, including by downloading files, and that further dissemination of such User Content cannot be controlled, limited, tracked or known by Meraqi;
- you will not give the impression that information you post emanates from us, if this is not the case;
- you will not use Meraqi to market services, including investment advisory services, that might cause Meraqi to have to register as a broker dealer with the applicable regulatory bodies, or to be treated as an investment advisor or underwriter;
- you understand and agree that Meraqi does not research, diligence, verify, endorse, represent, warrant or guarantee the truthfulness, completeness, accuracy, reliability or veracity of any Content on the Website including User Content and that you are not relying on Meraqi for any User Content and that Meraqi has no liability with respect to User Content;
- you understand that you may be exposed to Content (including User Content) on the Website and by using the Service that is offensive, harmful, damaging, untruthful, inappropriate, misleading, false, inaccurate and has not been updated and you further understand that Meraqi has no liability for your viewing, using or relying on such Content; and
- you understand that the Service may include advertisements for deals or products or services that are provided by Users or other parties, generated by Meraqi, or otherwise and that you have no claims against Meraqi for the placement of advertising, the use of products and services or for any deals appearing in such advertisements or otherwise.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and record your interactions with the Service.
- Third Party Material
- Under no circumstances will MERAQI be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
- User Content Transmitted Through the Service: With respect to the content, data or other materials you input or upload through the Service (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant and will grant MERAQI and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service, and the advertising, marketing and promotion thereof.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to MERAQI are non-confidential and MERAQI will be entitled to the unrestricted use and dissemination of these Submissions for any purpose,commercial or otherwise, without acknowledgment or compensation to you.You acknowledge and agree that MERAQI may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MERAQI, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Third Party Websites
The Service may provide, or third parties may provide, links or other access to other Websites and resources on the Internet. Meraqi has no control over such Websites and resources and Meraqi is not responsible for and does not endorse such Websites and resources. You further acknowledge and agree that Meraqi will 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 content, events, goods or services available on or through any such Website or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Meraqi is not liable for any loss or claim that you may have against any such third party.
- MOBILE SERVICES
- The Service includes certain services that are available via a mobile device, including (i) the ability to monitor and make adjustments to your investment portfolio, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through a mobile application downloaded and installed on a mobile device (such application, the “Application”, and such services collectively, the “Mobile Services”). To the extent You access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Website account information to ensure that your messages are not sent to the person that acquires your old number.
- Open Source: The Application may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found in the Application documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.
- Consent: You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from Us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
- ACCESS TO WEBSITE
We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will aim to limit the frequency and duration of any such suspension or restriction.
- RULES RELATED TO INVESTMENTS
In using the Website and the Service you may observe and may consider potential investment opportunities. By using the Website and the Service, in addition to the other terms and conditions contained in this Agreement you further agree as follows:
- that You will use your own judgment before making any decision to invest or to accept an investment and that Meraqi is not providing you any advice or making any recommendation with respect to any investment;
- that You do not expect Meraqi to, and understand that Meraqi does not, evaluate, confirm, verify, endorse or otherwise stand behind any Content whether viewed on the Website or received through the Service or otherwise;
- that You are not relying on any information that appears on the Website or the Service or that is otherwise provided by Meraqi to make any investment decision;
- that You will be solely responsible for complying with applicable law regarding any transaction, including without limitation the determination of whether any investor is an Accredited Investor and whether any investment complies with the terms of all applicable law
- that You will obtain such professional advice as is appropriate to protect your interests, including legal, accounting and other advice;
- that You are aware of the risks of any investment of the nature of investments that may be found on this Website;
There are fees associated with investments you may make through the Service. Any such fees will be disclosed in the offering documents with respect to such investments. In addition, if you become a client of Meraqi, you should review the additional documents provided by Meraqi, which describe the applicable fees.
- INTELLECTUAL PROPERTY RIGHTS
- Service Content, Software and Trademarks:
- You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service.
- In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Meraqi from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
- Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Meraqi, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Meraqi
- Rights to Your Intellectual Property
You are licensing to us the right to access and track your data. Your Content will be viewable by other users of the Website, and the Service. You should only provide Content that you are comfortable sharing with others under this Agreement.You acknowledge that Meraqi is not obligated to post any User Content you provide, pay you or to cause any other party to pay you anything with respect to User Content posted by you, or for your activities on Meraqi, or to feature or otherwise display your Content on the Website or through use of the Service.
- Our Rights to Use Your Intellectual Property
- In addition, you agree that Meraqi may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and activity in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of Meraqi, its users, or the public.
- We will not claim any ownership interest in the User Content provided by you to us solely because you have provided it, although we will claim a perpetual, worldwide, transferable and assignable a license sufficient to display such items through the Website and the Service.
- Service Content, Software and Trademarks:
- CONFIDENTIAL INFORMATION
- “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Meraqi’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MERAQI ADVISORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.MERAQI ADVISORS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Meraqi is not a broker-dealer, not an investment advisor, not an underwriter and does not provide at any time any financial, investment, legal or tax advice, nor does MERAQI endorse, recommend or encourage any investment in any company. To the extent that Meraqi provides information about investment opportunities, whether through the Website, email, newsletters, publications, phone calls, advertisements, or otherwise, such information is provided solely to make potential investors aware of such opportunities and you understand and agree that the provision of such information is not an endorsement or recommendation to make an investment in such opportunities. You are solely responsible for all investment decisions, and Meraqi strongly encourages you to thoroughly investigate, diligence, evaluate, review, research and consider with your advisors every investment opportunity prior to investing.
By using the Website or Service you hereby understand and agree that:
- Meraqi is not a registered broker-dealer and does not offer investment advice or financial or legal advice with respect to the raising of capital through securities offerings or any other matter;
- Meraqi is not an investment manager or advisor and does not have any fiduciary duty to you are any other party;
- Meraqi does not recommend or otherwise suggest that any investor make an investment in any particular company, or that any company offer securities to a particular investor;
- Meraqi takes no part in the negotiation or execution of transactions for the purchase or sale of securities;
- At no time will Meraqi possess funds or securities which are part of any such security transactions;
- No transactions can be, and none are executed or negotiated on or through the Website or any part of the Service; and
- You understand and agree that we bear no liability or responsibility to any party for any failure of a User to send funds or deliver securities.
- DISPUTE RESOLUTION BY BINDING ARBITRATION:
- In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Website. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in Bangalore. The language of arbitration shall be English.
- LEGAL PROVISIONS
- WARRANTY DISCLAIMER
- MERAQI has no special relationship with, or fiduciary duty, to you. You acknowledge that MERAQI has no control over the companies and firms that use our Websites and Services to distribute data and documents to investors and other interested parties. We have no duty to keep any information in the Service current, accurate or otherwise updated. We have no control over what effects the Service may have on you, or what actions you may take as a result of having been exposed to it. You release MERAQI from all liability for you having acquired or not acquired any information through the Service, and the results, costs, or damages, monetary or otherwise, of any actions taken or not taken because of it. MERAQI makes no representations or warranties concerning any information contained in or accessed through the Website or the Service, and MERAQI will not be responsible or liable for the accuracy, completeness, compliance, legality or decency of material contained in or accessed through the Service.
- THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND WEBSITE-RELATED SERVICES.
- MERAQI makes no representation or warranty, express or implied, with respect to any third party information or data provided to MERAQI or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. MERAQI will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by MERAQI or "force majeure" or any other cause beyond the control of MERAQI.
- THE WEBSITE AND THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICE IS SOLELY AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, NEITHER MERAQI, MERAQI PERSONS, NOR ANY OF THEIR ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT, STRICT LIABILITY, NEGLIGENT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND THAT MERAQI AND EACH MERAQI PERSON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER, INCLUDING WITHOUT LIMITATION, FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any Website or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Services, including any mobile software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of the Service, any content or third party applications, software or content posted on or through the Services or transmitted to users, or any interactions between users of the Service, whether online or offline.
- We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Website and the Service or any Content thereon or any Content you receive as a result of your relationship with MERAQI. MERAQI will not be responsible or liable for any harm to your computer system, loss of data, bugs, viruses, Trojan horses or other harm that results from your access to or use of the Website or the Service (regardless of the source of origin), or any Content. You also agree that MERAQI has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained on the Website or by the Service. We make no warranty that the Website or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from MERAQI or through the Website or the Service, will create any warranty not expressly made herein.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE) SHALL MERAQI ADVISORS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
To the extent any provision(s) relating to arbitration, disclaimer, waiver of liability, or any other rights and obligations set forth herein, is not permissible or enforceable under applicable law, each such provision shall be deemed removed and invalid, to the least extent to comply with such applicable law, but all remaining provisions shall be in full force and effect.
In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in such defense and any settlement.
Companies and firms that use our Websites and Services to distribute data and documents to investors and other interested parties. We have no duty to keep any information in the Service current, accurate or otherwise updated. We have no control over what effects the Service may have on you, or what actions you may take as a result of having been exposed to it. You release MERAQI from all liability for you having acquired or not acquired any information through the Service, and the results, costs, or damages, monetary or otherwise, of any actions taken or not taken because of it. MERAQI makes no representations or warranties concerning any information contained in or accessed through the Website or the Service, and MERAQI will not be responsible or liable for the accuracy, completeness, compliance, legality or decency of material contained in or accessed through the Service.
You hereby release any claims you may have against MERAQI and any MERAQI Person that are in anyway related to the Service or your use of Content offered through the Service, including any recommendations or referrals you may receive as a result of your registration with MERAQI. You are solely responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties partners.
- RELATED PARTIES, EMPLOYEES AND AFFILIATES
You understand that MERAQI employees and affiliates may participate in the Service as Entrepreneurs or Investors, and that MERAQI is not responsible for any of their activities, including statements or other information in any emails or other communications such individuals make in that capacity.
This Agreement will remain in full force and effect unless earlier terminated by MERAQI. MERAQI may modify, restrict or terminate your access to all or any part of the Website and Service at any time, with or without cause, with or without notice, effective immediately. You may cancel your membership at any time by contacting us. Termination of your access to the Website or Services may result in the loss or destruction of information associated with your account or otherwise and you agree that MERAQI is not liable for any losses or damages that may result from such termination. Upon termination of your access to the Website or Services for any reason, you shall destroy and remove from all computers, and other storage media all copies of the any intellectual property owned by MERAQI or any other user of the Services that you acquired by use of the Service. In the case of termination, all provisions of this Agreement shall survive, including, without limitation, representations made by you, ownership provisions, warranty disclaimers, indemnity provisions, limitations of liability and agreement to arbitrate .
- GOVERNING LAW | JURISDICTION
These Terms and any separate agreements whereby we provide you Services shall be construed in accordance of the laws of the Republic of India, without regard to the conflicts of laws provisions thereof. For all purposes of these Terms (including other terms and policies referred herein), the Parties consent to exclusive jurisdiction and venue in the courts located in city of Bengaluru, state of Karnataka, India.
- SEVERABILITY AND INTEGRATION
You may not assign, delegate, novate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without prior written consent of Meraqi Advisors. We may transfer, assign, novate or delegate these Terms and our rights and obligations without consent. Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- ENTIRE AGREEMENT
We may amend this Agreement at any time in our sole discretion, effective upon posting the amended Agreement at the domain of www.Yieldspace.com where the prior version of this Agreement was posted, or by communicating these changes through any written contact method we have established with you. Your use of the Website or Services following the date on which such amended Agreement is published will constitute consent to and acceptable of such amendments and such revised Agreement will govern our entire relationship, including your prior use of the Website and the Service.
THANK YOU FOR VISITING US AND USING www.yieldspace.com
- SELLER REPRESENTATIONS:
- The Seller certifies and verifies that the information furnished is true and correct and as per the document available with him.
- The Seller hereby consents that information furnished to us can be shared on-line on the Web site of the company. (such information as may be required shall only be put up on Web site and the contents of the information before proceeding with the share of the buyer.
- The Seller shall intimate the company if the transaction is no longer available and furnish reasonable time for the company to withdraw the information from the Web Portal of the company.
- The Seller confirms that he will be available for meeting other formalities that may be required for finalizing the transaction upon any party evincing interest in going forward with the said transaction.
- If the transaction is given exclusively to the company, the Seller cannot use any other agency for the period of time on such exclusivity.
- The Seller undertakes that any information that he has obtained from the Web Portal of the Company for the purpose of going ahead with the transaction, he shall go ahead only with the Company and not either directly or through any other competitor firm and/or organisation.
- The Seller confirms that they undertake to pay the necessary charges of the Company in the event of transaction going forward during the contact initiated by the company from its Web Portal.
- The Seller confirms that all information shared by him including that of the financial ability to proceed with the transaction are true and correct.
- PAYMENT TERMS:
- The Parties agree that if the transaction is proceeded with at the intervention of the Company through its Web Portal, they shall be liable to pay to the Company fees as set by the Company, in the transaction documents.
- The payment shall be made within 10 days from the closure of the transaction, failing which the party shall be liable to pay to the company interest at 24% p.a. for the period during which the said payment is due.
- DISPUTE RESOLUTION:
- In the event of any dispute between the Company and any of the contracting parties, the same shall be attended to and resolved amicably by mutual negotiations.
- In the event the said dispute cannot be mutually resolved, the same shall be resolved by having recourse to Arbitration. The Arbitrator shall be appointed at the sole discretion of the company.
- The Parties agree that the said arbitration proceedings shall be completed within 3 months from the date of referring the dispute to the Arbitrator.
- The Arbitration proceedings shall be held at Bangalore in accordance with the provisions of Arbitration and Conciliation Act, 1996 and any other enactment for the time being in force within the Union of India.
- The Laws applicable in the Union of India shall apply for resolution of the dispute.
- The arbitration proceedings shall be held at Bangalore.
- The award of the Arbitrator shall be final and binding between the Parties.
- INDEMNITY OF THE PORTAL:
- The Company does not guarantee the validity of the title of the properties which are put up on its Web Portal. The transacting Parties have to conduct their own due diligence/verification before transacting in respect of the same.
- The Company cannot be held liable in any manner whatsoever for any claim/ loss/damage that might have been caused to any of the transacting Parties as a result of using the information furnished on its Web Portal.