This Terms of Use (“Agreement”) policy sets out the terms between you and Piha Enterprises Private Limited (herein referred to as “we,” “us”, “our” or the “Company” which expression shall mean and include its affiliates, successors and permitted assigns), and it governs your access to and interaction with the services, websites, e-mails and applications owned or operated by the Company (the “Services”). Your access to and interaction with the Services are conditioned on your acceptance of and compliance with this Agreement. References to “user” or “you” (or similar) are references to you as an individual or legal entity as the case may be.
The Company has its registered office at Dotspace Business Center, TC 24/3088, Ushasandya Building, Kowdiar-Devasom Board Road, Kowdiar, Trivandrum-695003, Kerala, India and owns and operates ventureenabler.com and its sub-domains (“Venture Enabler” or the “Platform” or the “Site”). By using, you are agreeing that you, and each person you allow to access the Platform, will abide by the terms of this Agreement, which is set forth in its entirety below. Please read this Agreement carefully before using the Website. By continuing to use the Platform, you agree to be bound by this Terms of Use and the Privacy Policy (available here):
A user or visitor who is an investor must understand the risk of investing in early-stage companies or funds, including the high likelihood of loss and long period of illiquidity. The following considerations, among others, should be carefully evaluated before making an investment in an early-stage business or in an investment fund. An early-stage business or a fund is likely to operate in market is highly competitive and the percentage of such entities that survive and prosper may be small. Early-stage businesses often experience unexpected problems in the areas of product development, manufacturing, marketing, financing, and general management, among others, which frequently cannot be solved. In addition, early-stage businesses may require substantial amounts of financing, which may not be available through institutional private placements, the public markets or otherwise. In the course of participating as investment opportunities through the Platform, you may receive confidential Information. You will also want to select what kinds of Entrepreneurs or funds you would like an introduction to and what kinds of business plans you would like to see. We do not promise to make introductions to all Entrepreneurs or Funds or show you all business plans that meet your criteria, nor can we promise that all Entrepreneurs or funds we introduce and that the business plans that we show you will actually satisfy your criteria, but we will try.
The Platform is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Platform is prohibited. Persons in respect of whom such prohibitions apply must not access the Platform or Services.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes.
1. What does Venture Enabler do?
1.1. Venture Enabler is a platform operated by the Company that allows for networking of the various stakeholders (ie. Early stage businesses, investment funds, family offices, individual investors, technology providers, legal firms, marketing agencies, etc) in the venture ecosystem helping them to attain their business goals.
1.2. The platform aims to leverage the distributed knowledge of its users to maximise the outcome of their individual goals.
2. USER AND VISITOR OBLIGATIONS
2.1. You are promising to act responsibly – which means:
2.1.1. You are making the following Promises:
2.1.1.1. Requirements to Use the Services.
2.1.1.1.1. That you have the right, authority, and capacity to enter into this Agreement on your own behalf and on behalf on any entity for whom you are acting and to abide by all of the terms and conditions contained herein, and that if any aspect of your engagement with the Company violates provisions of the law to which you are subject, you will cease using the Services;
2.1.1.1.2. That you are at least 21 years old,
2.1.1.1.3. That you shall not use a false or deceptive name or email address owned or controlled by another person with the intent to impersonate that person or for any other reason;
2.1.1.1.4. That you shall be solely responsible for maintaining the confidentiality of your password
2.1.1.1.5. That you will update your registration information with the Company as needed so that it remains true, correct and complete; and
2.1.1.1.6. That you will conduct yourself in a professional manner in all your interactions with Venture Enabler and with any other Venture Enabler user.
2.1.1.2. Requirements related to Content on Venture Enabler.
2.1.1.2.1. That you will only provide the Company with Content that you have a right to provide to the Company and to allow the Company to display through the Services,
2.1.1.2.2. That you have adequate rights to all copyrights, trademarks, trade secrets, intellectual property or other material provided by you for display, publication or use by the Company.
2.1.1.2.3. That you understand that any other Content you find on or through the Company is the sole responsibility of the person who originated such Content;
2.1.1.2.4. That you understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability, and that the Company will not be responsible or liable for any use of your Content by the Company in accordance with this Agreement;
2.1.1.2.5. That you are not relying on the Company to, and that you understand that we do not, endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services;
2.1.1.2.6. That you understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, and that you have no claim against the Company for any such material; and
2.1.1.2.7. That you understand that the Service may include advertisements or other similar items, which may be related to Content, queries made through the Services, or other information, and you have no claim against the Company for the placement of advertising or similar content on the Services or in connection with the display of any Content or other information from the Services.
2.1.1.3. Requirements related to Investments.
2.1.1.3.1. That you will only invest in any offering through the Platform after carefully reviewing and assessing the terms of the investment;
2.1.1.3.2. That you will use your own judgment before making any decision to invest or to accept an investment involving what is to you a material amount of money;
2.1.1.3.3. 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 local law;
2.1.1.3.4. That Your usage of the Platform will not, in any manner, directly or indirectly, violate terms of any contractual arrangement binding on You. Further, You agree not to use the Platform in a manner that results in an event where You may experience a conflict of interest such as with an entity in which You are currently holding equity; You are a director or a key employee or You exercise significant influence.
2.1.1.3.5. That you will obtain such professional advice as is appropriate to protect your interests, including legal, tax, accounting and other advice; and
2.1.1.3.6. That you have reviewed and understand the discussion of risks found here, and that you are otherwise aware of the risks of making private investments
2.1.2. You are promising not to:
2.1.2.1. Violate the Platform Rules, as defined in Section 12 (Definitions)
2.1.2.2. Expect the Company to evaluate, confirm or otherwise stand behind any user’s statements or recommend any investment;
2.1.2.3. Treat any Content, email or other information you receive as a result of your access to the Services as a recommendation or representation of any kind by the Company, an affiliate of the Company or any employee, officer, director, representative or other agent of the foregoing (each a “Company Person”) on which you should rely unless such information has been expressly identified as created by a Company Person;
2.1.2.4. Claim any ownership or other proprietary right in any material, software or other intellectual property displayed on, published by or otherwise available through Venture Enabler, other than Content, software or intellectual property that you own or otherwise have rights to without regard for its appearance on Venture Enabler;
2.1.2.5. Copy or distribute Content except as specifically allowed in this Agreement;
2.1.2.6. Use any Content, or other information acquired from Company Persons, Investors or Entrepreneurs, or otherwise through your use of the Services, for commercial or investment activity outside of the Services, without prior written approval from the Company;
2.1.2.7. Use Venture Enabler to market services that might cause the Company to have to do any additional registrations with any Govt. entity, or to be treated as an underwriter; or Market competing services to people you’ve identified through Venture Enabler.
2.2. You are promising to hold the Company harmless against any damage that may happen to us as a result of your use of Venture Enabler.
2.2.1. You agree to indemnify and hold the Company and any Company Person harmless (including against costs and attorneys’ fees) from any liabilities, losses, damages, costs and expenses (including attorneys’ fees and expert fees) arising from or related to any claim or demand made by any third party due to or arising out of your access to or use of the Services, the violation of this Agreement by you, the infringement or misappropriation by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any Content posted through the Services by you (including claims related to defamation, invasion of privacy or other violation of a person’s rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against the Company or any Company Person. You remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
2.2.2. You hereby release any claims you may have against the Company and any Company Person that are in any way related to the Services or your use of Content, including any representations, recommendations or referrals you may receive as a result of your interaction with the Company. You are solely responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners.
2.2.3. You understand that the Company does not proclaim or guarantee any returns.
2.2.4. You agree that the onus of managing ‘conflict of interest’ lies with yourself and not the Company.
2.2.5. You understand that Company Persons may participate in the Services, and that the Company 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. The onus of managing ‘conflict of interest’ lies with the user or visitor and not the Company.
2.3. By using the Services or viewing content made available through Venture Enabler in any way, you may have an opportunity to see confidential Information. It is expected that you will use discretion in determining what you do with that information. You agree, however, that you will not republish any information you acquire through the Services via an Internet website, for which one of the principal purposes is to compete with Venture Enabler.
2.4. Other User and Visitor Obligations.
2.4.1. You are licensing to us the right to publish all Content you share with Venture Enabler, including any comments or other forum posts you may offer on the Site in order to provide the Services. Your Content will be viewable by other users and visitors of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others.
2.4.2. You acknowledge that the Company is not obligated to pay you or to cause any other party to pay you any compensation with respect to your activities on Venture Enabler, or to feature or otherwise display your Content on any web page.
2.4.3. You acknowledge that you do not rely on the Company to monitor or edit the Services (including emails initiated by individuals, regardless of whether those individuals are otherwise associated with the Company) and that the Services may contain Content which you find offensive or which is untrue or misleading and you hereby waive any objections and claims you might have with respect to viewing such content.
2.4.4. You acknowledge and agree that by connecting your Venture Enabler account to any other third-party accounts, you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on such third party and these Terms of Use). If you choose to connect, you will be able to take advantage of various social features included as part of the Platform specifically for the features available on such third-party websites. In addition, Venture Enabler may personalize and otherwise enhance your experience based on your information obtained from or through such third-party website. If you do not want information about you to be shared in this manner, do not connect to any third-party website through Venture Enabler. We disclaim all warranties in relation to and all liabilities arising from any use of your personal information by any third-party website.
2.4.5. 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”). The Company, however, may occasionally provide automatic Updates to the Services at its sole discretion (and without any advance notification to you). Any such Updates for the Services shall become part of the Services and subject to this Agreement.
3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
3.1. Please review our Privacy Policy (available here) to learn more about how we collect and use information about you via the Services. The Privacy Policy explains how the Company treats your personal information and protects your privacy when you access Venture Enabler and use the Services.
3.2. We may amend the Privacy Policy at any time in our sole discretion, effective upon posting the amended Privacy Policy. Your use of the Services following the date on which such amended Privacy Policy is published will constitute consent to such amendments.
4. COMPANY SERVICES AND LICENSE
4.1. All right, title, and interest in and to the Services (excluding Content provided by users and visitors) is and will remain the exclusive property of the Company. Except as expressly provided herein, nothing in this Agreement gives you a right to use the Venture Enabler name or any of the Venture Enabler trademarks, logos, domain names or other distinctive brand features.
4.2. We are promising not to claim any ownership interest in the Content provided by you to us solely because you have provided it, although we will claim a license sufficient to display such items through Venture Enabler in connection with our Services.
5. RESERVATION OF THE COMPANY’S RIGHTS
5.1. The Company may, but is not required to, monitor or control the Content posted via the Services. Our failure to exercise this right does not give you any right to make a claim against the Company. Any Content that has been uploaded through the Services may be deleted at any time without notice to you.
5.2. The Company reserves the right to discontinue the Services or to change the Services in any way and at any time, with or without notice to you, without liability.
5.3. The Company reserves the right to terminate your access to the Services without notice and, if you violate this Agreement, to pursue other remedies at law or in equity. We may delete your account for any reason or for no reason at all, and if we delete your account you will lose all access to any information, connections or other features that may have value to you that may have been associated with your account.
5.4. The Company has the right to refuse registration of or cancel your user account in its discretion for any reason or for no reason. In addition, the Company reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users and/or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information (including Content) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement (including investigation of potential violations hereof), (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests or (v) protect the rights, property or safety of the Company, its users and the public.
5.5. Without limiting the generality of the foregoing, you specifically acknowledge that the Company is exempt from liability to any person for any claim based upon its termination of an account or disabling of access to or removal of any Content, including material it believes, in its sole discretion to violate this Agreement, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited, and regardless of whether such termination or disabling has the effect of reducing the value of any Content or opportunities that might otherwise have been available to you. By using the Services, you agree that notice to you through an email to the email address you provided in your profile constitutes reasonable efforts to notify you of any removal or disabling if such notice is required.
5.6. The Services may invite you to chat or participate in blogs, message boards, and other functionality and may provide you with the opportunity to create, submit, post, transmit, publish or distribute Content to the Company or to/via the Services. Any such material you transmit to the Company or otherwise through the Services will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted or offered to the Company in connection with the use of the Services or otherwise, and any chat, blog, message board, online forum, text, email or other communication with the Company, is hereby licensed by you to the Company on a nonexclusive, worldwide, royalty-free, perpetual, transferable and fully sublicensable basis. For more information, see our Privacy Policy.
5.7. All electronic communications and content presented and/or passed to us, including that presented and/or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored or retransmitted in the course of daily operations by any duly authorized employee or agent of the Company in the exercise of their duties, or by law enforcement authorities who may be assisting the Company in investigating possible contravention / non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, the Company has the right to reject, at its sole discretion, from the Platform any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of the Company.
6. LIMITS ON THE COMPANY’S OBLIGATIONS
6.1. We are not obligated to introduce you to any user or visitor.
6.2. We are not responsible for doing diligence on any user or visitor you meet through Venture Enabler or verifying any representations, materials or other information provided by any user or visitor to you.
6.3. We are not responsible for verifying that that any Investor is accredited, or otherwise authorized or appropriate to invest in you, or for determining whether any use of Venture Enabler constitutes a general solicitation of securities under the securities laws of any state or other jurisdiction, including foreign jurisdictions.
6.4. We do not recommend any early-stage businesses or funds for investment, endorse their fitness for investment or verify or claim the accuracy of information provided by early-stage businesses or funds on the Site or in our emails. In particular, we do not act as an investment adviser to any Investor(s) and no part of this Site is intended to constitute investment advice.
6.5. We are not obligated to maintain the confidentiality of any Content you give us, other than Confidential Information, and with respect to Confidential Information, we are not obligated to protect it other than by designating it as such. We cannot guarantee that users or visitors who see your confidential Information do not distribute that information. We also cannot guarantee that there will never be a software bug or a hacker attack that allows unauthorized viewing of material or that Investors actually fit within the categories they have identified themselves under.
6.6. The Company has no obligation to monitor or enforce any intellectual property rights that may be associated with Content you provide to us, but the Company does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
6.7. In the event that the Company invests in any business, we are not obligated to make that investment opportunity available to anyone else.
6.8. The Company does not control or endorse the Content, messages or information found in the Services or external websites that may be linked to or from Venture Enabler and, therefore, the Company specifically disclaims any responsibility with regard thereto.
6.9. The Company has no obligation to accept, display, review, verify, monitor or maintain any Content submitted by users, user forum posts, commentary, ratings or compliments (“Comments”). We have the right to delete Content or Comments from the Services without notice for any reason at any time. The Company may move, re-format, edit, alter, distort, remove or refuse to exploit Content or Comments without notice to you and without liability. Notwithstanding the forgoing rights, the Company reserves the right to treat Content provided by users and Comments as content stored at the direction of users for which the Company will not exercise editorial control except as required to enforce the rights of third parties and applicable Content restrictions when violations are brought to the Company’s attention.
6.10. The Services may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in an advertiser’s or sponsor’s Content.
7. COPYRIGHT POLICY
7.1. The Company respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
7.2. If you believe that your copyrighted work has been copied without your authorization and is available on or in the Services in a way that may constitute copyright infringement, or if you believe that any material on the Services violates this Agreement or your intellectual property rights, please notify the Company as soon as possible by sending an email to [email protected]
7.3. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Venture Enabler will also terminate a user’s account if the user is determined to be a repeat infringer.
8. TERM AND TERMINATION
8.1. Unless terminated by the Company, this Agreement will remain in full force and effect while you use any of the Services. The Company may terminate this Agreement at any time, particularly if you are suspected of violating any provision of this Agreement. Upon termination of this Agreement for any reason, you shall destroy and remove from all computers, and other storage media all copies of any intellectual property owned by the Company or any other user of the Services that you acquired via use of the Services. Your representations in this Agreement and the provisions of Section 1 (User and Visitor Obligations), Section 10 (Arbitration) and any other provision of this Agreement which by their nature are designed to survive termination shall survive any termination or expiration of this Agreement.
9. DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY
9.1. YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF SERVICE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “COMPANY PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, BUG-FREE OR ERROR-FREE.
9.2. 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 SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. 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 SERVICES AND OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9.3. 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 media 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 Services, 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 Services, whether online or offline.
9.4. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon or any content you receive as a result of your relationship with the Company. The Company will not be responsible or liable for any harm to your computer system, loss of data or other harm that results from your access to or use of the Services or any Content. You also agree that the Company has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services 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 Venture Enabler or through the Services, will create any warranty not expressly made herein.
9.5. UNDER NO CIRCUMSTANCES WILL ANY COMPANY PERSON BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID THE COMPANY IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
9.6. We are NOT a stock exchange. The securities offered by any company introduced through the Platform is not traded on any stock exchange. We do not allow any secondary market trading of securities on the Platform.
9.7. 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 foreign laws as applied to users from such foreign jurisdictions, each such provision shall be deemed removed and invalid, but all remaining provisions shall be in full force and effect.
10. DISPUTES WITH OTHERS
10.1. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with other users, you release the Company and hereby agree to indemnify the Company from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such a dispute.
11. ARBITRATION
11.1. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to [email protected]. The Company will send its notice by email to the email address provided by you in connection with your use of the Services.
11.2. If you and the Company are unable to resolve a Dispute through informal negotiations, either you or the Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by confidential binding arbitration, and not in a representative or consolidated action or proceeding. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN THE COURTS OF Thiruvananthapuram, Kerala, India (“INDIA”). The arbitration shall be conducted by a sole arbitrator jointly appointed by the Company and You. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged within a reasonable period of time (not to exceed 30 days) if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Judgment upon any award rendered by the arbitrator(s) may be entered and enforcement obtained thereon in any court having jurisdiction. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. Each party shall have the right to participate by video conference in order to minimize travel and expense burdens. Subject to Section 8 of this Agreement (Disclaimers; Limitations; Waivers Of Liability), the arbitrator shall have authority to grant any form of appropriate relief, whether legal or equitable in nature, including specific performance.
11.3. You and the Company agree that any claim brought in connection with a Dispute, whether resolved through arbitration or not, will be brought between the Company and you individually, and that you may not assert any such claim against Company as plaintiff in any representative proceeding. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) you may not bring any Dispute in a purported representative capacity on behalf of the general public, other users of the Services or any other persons. If this specific provision is determined to be unenforceable, then the entirety of this Section 10 (Arbitration) will be null and void.
11.4. You and the Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or the Company’s intellectual property rights; and (2) any claim for injunctive relief.
11.5. If Company changes any of the terms of this Section 10 (Arbitration) after the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement), you may reject any such change by sending us written notice (including by electronic mail to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date below or in the date of Company’s email to you notifying you of such change (whichever is earlier. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the terms of this Section 10 (Arbitration) as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).
12. MISCELLANEOUS
12.1. The Company operates and controls the Services from India. The Company makes no representation that the Services are appropriate or available in other locations. The information provided on or through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
12.2. You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone, so that the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
12.3. Amendments to this Agreement. We may amend this Agreement at any time in our sole discretion, effective upon posting the amended Terms of Service at the domain of www.ventureenabler.com where the prior version of this Agreement was posted or by communicating these changes through any written or other contact method we have established with you. Your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement.
12.4. Venue and Governing Law. This Agreement and all aspects of the Services shall be governed by and construed in accordance with the internal laws of India regardless of your location. For the purpose of any judicial proceeding to enforce an arbitration award or incidental to such arbitration or to compel arbitration, or if for any reason a claim proceeds in court rather than in arbitration, you hereby submit to the non-exclusive jurisdiction of the courts in Thiruvanathapuram, Kerala, India, and agree that service of process in such arbitration or court proceedings shall be satisfactorily made upon a party if sent by email to [email protected]. With respect to any Disputes not subject to informal dispute resolution or arbitration (as set forth above), you agree not to commence or prosecute any action in connection therewith other than in India, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts located in Thiruvanthapuram, Kerala, India.
12.5. Waiver and Severability.
12.5.1. The failure of the Company to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. In fact, the Company may choose to enforce certain portions of this Agreement more strictly or to interpret certain provisions more strictly against certain users than it does against users in general, and such disparate treatment shall not be grounds for failing to comply with all this Agreement as so interpreted.
12.5.2. You and the Company agree that if any portion of this Agreement, except any portion of Section 10.3 is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect. If Section 10.2 is found to be illegal or unenforceable, then neither you nor the Company will elect to arbitrate any Dispute falling within that portion of Section 10.2 found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within Thiruvananthapuram, Kerala, India and you and the Company agree to submit to the personal jurisdiction of that court.
12.6. The section headings used herein are for convenience only and shall not be given any legal import. Upon the Company’s request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
12.7. You may not assign this Agreement without the Company’s prior written consent. Any attempted assignment in contravention of this provision will be null and void.
12.8. This Agreement contains the entire understanding of you and the Company, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Services by the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
12.9. You and the Company both agree that regardless of any statute or law to the contrary but only to the extent permissible by law in each relevant jurisdiction, any claim or cause of action arising out of or related to use of the Services, this Agreement or our Privacy Policy must be filed within ONE (1) MONTH after such claim or cause of action arose or be forever barred.
12.10. This Agreement is between you and the Company. No user has any rights to force the Company to enforce any rights it may have against any you or any other user, except to the extent that users may enforce their own intellectual property rights related to Content offered through the Services.
13. DEFINITIONS
13.1. “Accredited Investor” status shall include all relevant investor sophistication standard(s) applicable to persons in each such jurisdiction seeking to make private venture investments of such nature as enabled by the Site.
13.2. “Platform Rules”: Participants in the Venture Enabler community will not, in connection with the Services:
13.2.1. defame, libel, disparage, threaten, harass or intimidate anyone, including by the use of offensive comments related to race, national origin, gender, sexual preference or physical handicap;
13.2.2. use any profane, obscene, pornographic or otherwise objectionable content or language;
13.2.3. promote or describe how to perform violence, illegal drug or substance abuse, or any other illegal activity;
13.2.4. violate the personal, privacy, contractual, intellectual property or other rights of any person;
13.2.5. reveal, with respect to personal or privacy rights, any personal information about another individual, including an address, phone number, email address, credit card number or other information that could be used to track, contact or impersonate that individual;
13.2.6. violate this Agreement or any India or non-India law, rule or regulation;
trick, defraud, deceive or mislead the Company or other users, such as by submitting false reports of abuse or misconduct to the Company’s support services, disguising the source of materials or other information you submit to the Services or using tools which anonymize your Internet protocol address to access the Services;
13.2.7. interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Services of other users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as “spam” to other users, overloading, flooding or mail-bombing the Services, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
13.2.8. disparage, tarnish or otherwise harm, in the Company’s opinion, the Company and/or the Services;
13.2.9. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, such as viruses, worms, Trojan horses, spyware, adware or any other malicious or invasive code or program;
13.2.10. reverse engineer, decompile, reverse assemble, modify or attempt to discover or copy any software, source code or structure that the Services utilize to generate web pages or any software or other products or processes accessible through the Services;
13.2.11. access data not intended for you or log into an account which you are not authorized to access
13.2.12. access or search (or attempt to access or search) the Services by any means, such as any automated system or unauthorized script or software, other than currently available, published interfaces provide by Venture Enabler, unless you have been specifically allowed to do so in a separate Agreement with the Company (note crawling the Services is permissible in accordance with this Agreement, but scraping the Services is expressly prohibited without the prior consent of the Company);
13.2.13. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.
13.2.14. remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Services or any website on which the Services are offered or on a third party website and/or Company software on which Company code is embeddable or embedded on;
13.2.15. remove, obscure or change any notice, banner, advertisement or other branding on the Services;
13.2.16. submit any Content or material that falsely expresses or implies that such Content or material is sponsored or endorsed by the Company;
13.2.17. interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services, such as probing or scanning the vulnerability of any system, network or breach; or
13.2.18. sell access to the Services or any part thereof other than through a mechanism approved by the Company.
13.3. “Content” means any information, text, graphics or other materials uploaded, downloaded or otherwise appearing on the Services. You retain ownership of all Content you submit, post, display or otherwise make available on the Services.
13.4. “Confidential Information” means, all information acquired by, through or in connection with your use of the Services or the Site that was provided by another person and which is identified as “Confidential” in any manner reasonably designed to identify the character of such information.
The Company is an entity offering the transmission, routing or providing of connections for digital online communications, between or among points specified by a user of material of the user’s choosing, without modification of the content of the material sent or received, as well as system caching, storage of material residing on a system or network at the direction of a user, and referral or linkage of users to an online location using information location tools, each through the Site located at https://ventureenabler.com and any linked pages or applications owned and operated by the Company.
The Services are operated and provided by Piha Enterprises Private Limited. If you have questions about this Agreement, please contact us.
Last updated: February 2, 2022