Version Control Details | |
Version | 1.0 |
Date | March 2023 |
These are the terms and conditions ("Terms") which will govern the use of Stakeboat Portal (defined below).
1.Definitions
1.1 "Investor" or "you" refers to the person (including a non-individual person) who uses the Stakeboat Portal.
1.2 "Stakeboat" or "us" or "we" refers to Stakeboat Capital LLP (including its successors and assigns), a limited liability partnership incorporated in India under the Limited Liability Partnership Act, 2009, and we are deemed to include the funds managed or advised by us.
1.3 "Stakeboat Portal" means the portal for our investors (including you) for accessing their investment details held in the funds managed by Stakeboat, including but not limited to, the summary dashboard of investments, statement of accounts, reports issued by the funds / schemes, etc.
2. You confirm that you have the authority and capacity under law to agree to these Terms and that you understand these Terms. For a non-individual Investor, the individual accepting these Terms on behalf of the non-individual Investor, hereby confirms that they have the authority from the Investor and they have the capacity under law to bind the non-individual Investor to these Terms.
3. We will provide you the access to, and the use of, the Stakeboat Portal for accessing your investment details held in the funds managed by Stakeboat, including but not limited to, the summary dashboard, statement of accounts, reports issued by the funds / schemes, etc. and this information will be provided on an "as is" basis and on a non-exclusive and nontransferable basis in consideration for your investment in the fund(s) managed by us. Since the Stakeboat Portal contains your confidential information and the confidential information of the funds managed by us, you will not share your username or password with any other person (other than an authorised user in case of non-individuals) nor allow any person (other than an authorised user in case of non-individuals) to access your account on Stakeboat Portal. You will be responsible for keeping your password secure and we will not be liable for any loss caused to you due to your password being compromised. Any breach of this Clause will be a material breach of these Terms and you will be liable for any loss caused to us or any of our funds.
4 Intellectual Property Rights
4.1 You agree and acknowledge that the Proprietary Rights in the Stakeboat Portal belong and vest exclusively with Stakeboat or its vendors, as may be the case. No right, title or interest is being transferred by us to you except for the limited right to use and access the Stakeboat Portal in the manner set out herein. The term "Proprietary Rights" shall mean all intellectual property rights including, without limitation, patent, copyright, authors’ moral and other rights, trademarks, trade names, know-how and trade secrets, technology, algorithms,programming logic, irrespective of whether such rights arise under the laws of India, or otherwise.
4.2 You are prohibited from using our logo referenced on the Stakeboat Portal without seeking our prior written approval.
4.3 The Stakeboat Portal is only for your non-commercial use and for no other purpose. Nothing in these Terms shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The contents of the Stakeboat Portal cannot be amended, copied, reproduced, replicated, republished, uploaded, posted, published, transmitted, displayed, or distributed for any reason whatsoever without obtaining prior written permission from us. You may not perform, license, frame, create derivative works from, or otherwise use in any other way for any reason whatsoever in whole or in part any information, reports & formats thereof, presentations of reports, software, products or services obtained from the Stakeboat Portal site, except for the purposes expressly provided herein, without our prior written approval. You may not resell, reproduce, redistribute, broadcast, or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by us prior to such use.
5. Confidentiality
5.1 Subject to this Clause 5, we will keep confidential the data and information provided by you (if any) on the Stakeboat Portal ("Investor Data") and use it only for the purpose of providing access to the Stakeboat Portal.
5.2 Notwithstanding Clause 5.1, we can disclose the aforementioned confidential information to: (a) our advisors, directors, officers, and employees on a "need-to-know" basis; (b) to any person as required by applicable law, including in connection with any dispute / litigation; and (c) to other any agents or contractors or internally for the purposes of: (i) internal, administrative (including storage, hosting, information technology, and other maintenance and support facilities), or compliance purposes; and (ii) quality and risk management reviews.
5.3 This confidentiality obligation shall not apply to Investor Data which is publicly available, or lawfully obtained by us from any other person, or is or becomes generally known or available other than by unauthorised disclosure by us, or is independently developed by us without reference to or use of your confidential information.
6. Indemnity & Limitation of Liability:
6.1 You will indemnify, defend and hold harmless Stakeboat, its partners, officers, employees and agents and the funds managed by it from and against any losses, costs or damages (including reasonable attorneys’ fees) resulting from claims, suits, actions, or losses arising from or in connection with your actions or omissions and / or your use of the Stakeboat Portal. Notwithstanding the foregoing, you will not have no obligation under this paragraph to the extent that any such losses, costs or damages are caused by any action or omission of Stakeboat, including any failure of the Stakeboat Portal.
6.2 Notwithstanding anything to the contrary: (a) in no event, shall Stakeboat or any of its partners, employees, agents and/or personnel, be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to these Terms or your use of the Stakeboat Portal; however caused and whether arising in contract, tort (including negligence), or otherwise, beyond or in excess of INR 1,000; and (b) we or our affiliates shall not be liable for any damage or injury arising due to failure of performance arising due to technical or mechanical error, accounting errors, unauthorized access, link failure, omission, computer virus, interruption, deletion, defect, delay, force majeure (act of god) or any other cause or circumstances which are beyond our reasonable control.
7. Notice: All notices relating to these Terms shall be in writing and delivered to you by us at the email address provided by you in the course of being onboarded as an investor in our fund. You can deliver notices relating to these Terms by issuing a written notice to Stakeboat at the following address: (a) email address: chandra@stakeboat.com; or (b) physical address: Stakeboat Capital LLP, First Floor, A Block, Miraya Rose, 66/1, Siddapura, Whitefield, Old HAL Airport - Whitefield Road, Near Shell Petrol Bunk, Bengaluru - 560 066, provided however, if the written notice is issued to the physical address then it must be dispatched by an internationally reputable courier service.
8. Governing Law & Jurisdiction: The Terms shall be construed in accordance with and governed by the laws of India and the parties shall submit all their disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the courts at Bengaluru, Karnataka. The use of the Stakeboat Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
9. Term
9.1 You will have access to the Stakeboat Portal until such time that you continue to remain an investor in any funds managed by us (such period, the "Access Period"). Provided however, we will have the right to withdraw access to the Stakeboat Portal at any time prior to the expiry of the Access Period for any reason whatsoever, including but not limited to, in case of a transition to any portal.
9.2 The termination of these Terms for any reason shall not affect (a) the rights and obligations accruing prior to the effective date of termination; and (b) any obligations under Clause 3 to Clause 8, all of which shall survive any termination or expiration of this Agreement.
9.3 The terms and conditions under these Terms can be amended at any time by us. You are required to check the Terms each time you visit the Stakeboat Portal and, if you continue to access the Stakeboat Portal after the Terms are updated, you will be deemed to have consented to the revised Terms. The terms and conditions for access to the Stakeboat Portal as provided herein, supersedes all prior communication and proposals whether electronic or written between us.
10. Miscellaneous
10.1 If any links have been provided on the Stakeboat Portal to other websites for providing information that may be useful to you, we do not have any control on the terms and condition as may be applicable to such linked websites. These third-party websites may have privacy policies or security practices different from the Stakeboat Portal, so it is important to read the terms and conditions of those linked websites before sharing your personal information.
10.2 We reserve the right, in our sole discretion, to deny you access to the Stakeboat Portal or any portion thereof without notice for the following reasons (a) any unauthorized access or use by you (b) if you assign or transfer (or attempt the same) any rights granted to you under these Terms or any other agreement that you may have entered with us; (c) if you violate any of the other Terms.