Posted as of 31st March 2022
Last updated as of 31st March 2022
This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Website is created and operated by M/s Fortuna Capital (hereinafter referred to as “We”, “Our”, and “Us”) and operating under the brand name “Fortuna Capital” (“Brand name”). We intend to ensure your steady commitment to the usage of this website and the services provided by us through our website “www.fortunacapital.in”
BASICS OF USE
- As part of using the service you may be required to sign up for an account and select a password and email or user name that shall be your Fortuna Capital user id.
- You undertake to provide accurate, complete, and updated registration information about yourself.
- You may not select as your User ID a name that you do not have the right to use, or another person’s name with the intention to impersonate that person.
- Your right to access the service is personal to you and you may not transfer your account to anyone else without the prior written permission of the Company.
- You will not share your account or password with anyone, and you must protect the security of your account and your password.
- You’re solely responsible for any activity associated with your account.
- If your use of the service is prohibited by applicable laws, then you aren’t authorized to use the service. The Company can’t and won’t be responsible for your use of the service in any way that breaks the law.
We do not provide any registration option at the moment and we may in the future incorporate the same on our website. Currently, you can directly place a request on the platform to showcase your interest in becoming an investor by merely providing Name, Email Id and Phone .You can also sign up for the newsletter on our website by providing this information.
- You shall not use the website if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
You agree that you shall not contribute or submit any user submission or use the service to interaction in a manner that:
- Violates any law or regulation, including without limitation any applicable export control laws and/or data privacy laws, or would cause Fortuna Capital to be in violation of any law or regulation (including, without limitation, any laws relating to labour, employment, or the issuance of securities);
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Fortuna Capital account or anyone else’s (such as allowing someone else to log in to the Service as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs any form of auto-responder or “spam” on the service, or any processes that run or are activated while you are not logged into the service, or that otherwise interfere with the proper working of the service (including by placing an unreasonable load on the service infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or Content (through use of manual or automated means);
- Circumvents or attempts to circumvent any features, limitations, or restrictions of the Service (including, without limitation, attempting to access, download, export, or otherwise use or exploit any content using any automated means or tools);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service.
A violation of any of the foregoing is grounds for account suspension or termination of your right to use or access the Service
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and we have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the website.
All the content displayed on the website is subject to copyright and shall not be reused by you (or a third party) without the prior written consent from us and the copyright owner.
You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the website and whilst feedback and comments by you, can be made via the website, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the website. Further, the website reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the website or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the website. You shall not copy, adapt, and modify any content without written permission from us.
- Your use of the website,
- Your violation of any rights of another;
- Your conduct in connection with the website;
You agree to fully cooperate in indemnifying us at your expense. You also agree not to settle with any party without consent from us.
In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the website and/or the services or materials contained therein.
LIMITATION OF LIABILITY
- We are not responsible for any consequences arising out of the following events:
- If the website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- If you have fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- If there is any deficiency or defect in the services managed by us;
- If there is a failure in the functioning of any other service provided by us.
- The website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belongings, or any third party, resulting from the use or misuse of the website or any service availed of by us through the website. The service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the website.
- To the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the website.
- You may terminate your use of the website at any time.
- Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
- It is also hereby declared that we may discontinue the services and websites without any prior notice.
- We reserve the right, in its sole discretion, to unilaterally terminate your access to the website, or any portion thereof, at any time, without notice or cause.
- We also reserve the universal right to deny access to you, to any/all of are on its website without any prior notice/explanation to protect the interests of the website and/or other Users to the website.
- We reserve the right to limit, deny or create different access to the website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using this website and providing your identity and contact information to us through the website, you agree and consent to receive calls, e-mails or SMS from us and/or any of its representatives at any time.
You can report to [email protected] if you find any discrepancy with regard to website or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and acknowledge that you are a restricted user of this website and you:
- Agree to provide genuine credentials during the process whenever required on the website. You shall not use a fictitious identity to register. We are not liable if you have provided incorrect information.
- Agree to ensure the Name, Email address, Address, Mobile number and any such other information that may be provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
- Agree that the User shall be solely responsible for every activity that is undertaken in pursuance of the information, research, content and brochure available on the website including but not limited to trading and investments in cryptocurrencies and any illegal or prohibited activities. Further, the user shall waive all its rights to undertake any action against us towards any breach of personally identifiable information.
- You agree that you are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- The User represents and warrants that the User shall undertake to exclude any liability and hold the company harmless for any legal action that may arise for the company due to the user’s activities which may involve any type of illegal activities in which the user undertakes to use the services under the influence of drugs, alcohol, or for smuggling, trafficking etc which may or may not involve prohibited substances and commodities or if there arises any legal action against the company under the provisions of the Indian penal code.
- The User further represents and warrants that the decision to visit the website and invest in such crypto currencies and digital assets is at their sole discretion and the Company in no manner shall be made responsible for any losses that shall be suffered by the user, using any or all information available on the platform.
- The User represents and warrants that the company shall have a limited liability to provide the user with a basic acknowledgement on the condition of the asset the user is interested in investing into. However, the Vendor shall be solely responsible for all the terms and conditions of the said assets provided by the Vendor to the user and the user shall in no manner bring out any suit or thereby any legal action against the company.
- User represents and warrants that the company may offer other digital asset investment options from any third parties, which will benefit the user. However, the Company does not guarantee the user the same at any time.
- Authorize the website to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and services.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the website. Any such use/limited use of the website will only be allowed with the prior express written permission.
- Agree not to access (or attempt to access) the website and/or the materials or Services services any means other than through the interface provided by the website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website will lead to suspension or termination of your access to the website. We disclaim any liabilities arising concerning such offensive content on the website.
- Expressly agree and acknowledge that the Content generated by the Users and displayed on the website is not owned by us and that we are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the website, at our sole discretion.
You further undertake not to:
- Engage in any activity that interferes with or disrupts access to the website or the services provided therein (or the servers and networks which are connected to the website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the website, or any other viewer of the website, including any User account maintained on the website not operated/managed by the User, or exploit the website or information made available or offered by or through the website, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the website or any affiliated or linked websites.
- Violate any code of conduct or guideline which may apply for or to any particular service offered on the website;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Commit any act that causes us to lose (in whole or in part) the Services of its Internet Establishment (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Website;
- You hereby expressly authorize us to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the website might be directed to disclose any information (including the identity of persons providing information or materials on the website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
- By indicating your acceptance to use any services offered on the website, you are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
- You agree to use the services provided by us, our affiliates, consultants and contracted companies, for lawful purposes only.
- You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the registration and debar you from using the website without prior intimation whatsoever.
You agree not to post any material on the Website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host,
display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person and to which you have no right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging
money laundering or gambling, or otherwise unlawful in any manner whatever;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent
representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or
suspend/terminate your association with the
, and/or refuse to the usage of the
, without being required to provide you with notice or cause:
If you are
- If you have provided wrong, inaccurate, incomplete or incorrect information;
If your actions may cause any harm, damage or loss to the other User
s or us, at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and
and graphics created by and developed by either the website or such other third party and other distinctive brand features of the website are the property of the website or the respective copyright or trademark owner.
Furthermore, concerning the website, we shall be the exclusive owner of all the designs, graphics and the like, related to the website.
You shall not use any of the intellectual property displayed on the website in any manner that is likely to cause confusion among existing or prospective users of the website, or that in any manner disparages or discredits
the website, to be determined in the sole discretion.
You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the
aforementioned creators. You are aware that we merely provide the website through which you can communicate with other users and the website does not own any of the intellectual property relating to the independent content
displayed on the website, apart from created graphics and specified content.
You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by you will result in legal action being initiated against you by the respective owners of the property so
DISCLAIMER OF WARRANTIES AND LIABILITIES
You further agree and undertake that you are accessing the website
at your sole risk and are that you are using the best and prudent judgment before availing of any features on the
or accessing/using any information displayed thereon.
You agree that any kind of information, resources, activities, recommendations obtained/availed from the
, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
We do not guarantee that the features and content
contained in the website
will be uninterrupted or error-free, or that the
or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events
including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy,
cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be
valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of
Mumbai, Maharashtra, India.
(whether oral, written or otherwise) relating thereto.
commercial expectations of the Parties hereto, as expressed herein.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that Fortuna Capital may,
in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights
hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and
effect and enforceable. You and the Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Fortuna Capital, and that they supersede and cancel all previous written
and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of the Company and
you do not have any authority of any kind to bind Fortuna Capital in any respect whatsoever. Except as expressly set forth in the said terms, you and the Company agree there are no third-party beneficiaries intended under
website, or your experience, you can contact us
by emailing at