TERMS & CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
THE WEBSITE PROVIDES INFORMATION ABOUT THE SERVICES PROVIDED BY THE COMPANY ACROSS THE ENTIRE RISK-REWARD SPECTRUM THAT BEST CATER TO A USER/ PARTICIPANT’S WEALTH CREATION THROUGH BUSINESS INVESTMENTS. HOWEVER, AEIRTH DOES NOT OFFER ANY INVESTMENT ADVICE TO THE USERS OR PARTICIPANTS AND IS NOT REGISTERED AS AN INTERMEDIARY WITH THE SECURITIES AND EXCHANGE BOARD OF INDIA.
For the purpose of these User Terms (defined hereinafter), "you", "your" or “User” or “Participant” refers to any natural or legal person (whether a registered user or otherwise) who accesses the Website, its contents and uses the services offered by Aeirth on or through the Website.
Your use of our Website and its related sites, services and tools is governed by the terms and conditions as contained in this agreement applicable to the Website (“User Terms”). By using the Website, you have impliedly agreed and accepted these User Terms. As long as you comply with the provisions of these User Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
If you do not agree to these User Terms, you agree that your sole and exclusive remedy is to discontinue using the Website. Your compliance with these User Terms is a condition to your right to access the Website. Your breach of any provision of these User Terms will automatically, without the requirement of notice or other action, revoke and terminate your right to access the Website.
USER OF THE ADVISORY SERVICES
You must be at least 18 (eighteen) years of age or older (in case you are an individual), have a sound mind and not debarred by any law to contract in order to access and use the Website or its Services. If you use the Services on behalf of someone else (including but not limited to, as a legal representative of another individual or an entity, you must be authorized by such individual or entity. Our Website is accessible to children under the age of 18 (eighteen), however Aeirth strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission.
The Website does not directly offer any services and needs to have a personal discussion with officials of the company & KYC (Know-Your-Customer) completion to use our services.
You confirm and acknowledge that by providing your personal information on the Website, Phone call, WhatsApp and Email to our company officials, you authorize and consent to Aeirth sending promotional and marketing content to you through emails, phone calls, short message service or other electronic and non-electronic mode of communication, and no such communication shall be deemed to be in violation of law relating to unsolicited commercial communication.
USER RIGHTS ON THE WEBSITE
These User Terms govern your access and use of the Website, which includes any images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services and other content (together, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Website.
Aeirth grants you a limited right to use the Website. The individual user will not use the Website in any way that is fraudulent or unlawful. Your right to use the Website is subject to your agreement to abide by these User Terms in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason Aeirth may revoke your right to use all or any portion of the Website.
The Website and the Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country outside India.
You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these User Terms.
You are prohibited from violating or attempting to violate the security of the Website.
You agree to, amongst others, not to
(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
(b) access the Website in order to build a similar or competitive service;
(c) copy, reproduce, distribute, republish, download, displayed, poste or transmit in any form or by any means, any Content of the Website
(d) use the Website in any way that causes, or may cause, damage to the Aeirth, the Website, its Users or impair the availability or accessibility of the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(e) abuse, harass, impersonate, intimidate or threaten other Users;
(f) post or transmit, or cause to be posted or transmitted, any content that is harmful, infringing, libellous, defamatory, abusive, offensive, obscene, pornographic, paedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or otherwise violates any applicable law or right of any third party; or that 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 nations;
(g) use the Website for any unauthorized purpose, or in violation of any applicable law or these User Terms;
(h) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain access to another User’s account, or private information from any User;
(i) infringe upon the IP Rights of Aeirth or any third party;
(j) submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
(k) post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, trojan horse or other code with malicious, disruptive and/or destructive features, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including the Website;
(l) use any robot, spider, scraper, sniping software or other automated means to access the Website for any purpose;
(m) conduct any systematic or automated data collection activities on or in relation to the Website
(n) use the Website or any Content any part of it to transmit or send unsolicited commercial communications, or for any other purposes related to marketing;
(o) reverse engineer, frame, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software obtained from or part of the Website;
(p) disable, remove, defeat, or avoiding any security device or system, including, without limitation, any login functionality used to authenticate Users;
(q) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(r) attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;"
(s) remove any notices, warnings, labels, annotations or instructions from any portion of the Website or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or
(t) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Website.
Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may result in civil and criminal charges, including but not limited to charges under applicable laws. Aeirth may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Website if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.
The Website may contain certain links. Activating links on the Website may cause individual users to leave the Website. Such links are provided solely for individual users’ convenience and information. Aeirth has not reviewed any of the websites linked with or connected to the Website and using links on or to the Website is at each individual user’s own risk.
OWNERSHIP OF MATERIALS ON WEBSITE
You may download or copy Content only to the extent such download is expressly permitted in writing on the Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software.
Nothing on the Website will be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark on the Website. Anything transmitted to the Website by you becomes Aeirth’s property and may be used by us for any lawful purpose. Aeirth reserves all rights with respect to copyright and trademark ownership of all material on the Website, and will enforce such rights to the full extent of the law.
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Aeirth or by third parties who have licensed their materials to Aeirth and are protected by Indian and international copyright laws. The compilation of all Contents on the Website is the exclusive property of Aeirth and is also protected by Indian and international copyright laws.
The Website, including all Information, is owned by or licensed to Aeirth and is subject to and protected by various intellectual property rights, including but not limited to copyright, trade secrets, trademarks, service marks, brand names and other proprietary rights whether under contract, statute or any similar provisions (“IP Rights”). All IP Rights are and will remain the exclusive property of Aeirth, its respective third-party licensors or third parties to whom it is attributed and in using the Website individual users will not obtain any rights, title or other interest in or to any information on the Website or related IP Rights. Subject to the above, individual users are entitled to view the Information on the Website and to copy and print such information for personal use. Individual users are not permitted to sell or distribute or otherwise deal with the Information on the Website or any deviations of such information without the prior written consent of Aeirth.
The Website uses different web analytics service and is compliant with their terms and conditions.
NO OFFERS OR RELIANCE
The Website has been prepared solely for purposes of information. The information available on the Website is for convenience of presentation and under no circumstances should the Website be used or considered as an offer to sell or the invitation or solicitation of an offer to co-purchase any asset type mentioned on the Website. Before making a decision with respect to co-purchasing assets, Users are advised to carefully read the related final documentation.
FURTHER, AEIRTH OPERATES AN INFORMATION-ONLY WEBSITE AND DOES NOT GIVE OR OFFER ANY BUSINESS ADVICE, INVESTMENT ADVICE, TAX OR LEGAL ADVICE TO ANYONE USING THIS WEBSITE. ACCORDINGLY, USERS ARE ADVISED TO CONSULT WITH THEIR TAX, LEGAL AND FINANCIAL ADVISORS AND CARRY OUT THEIR OWN DUE DILIGENCE WITH RESPECT TO CO-PURCHASING ANY ASSET OR INVESTING IN ANY OTHER OPPORTUNITY.
Nothing contained on the Website must be relied upon as a promise or representation as to past or future performance. The Website may contain forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as "may," "will," "should," "expects," "plans," "anticipates," "believes," "targeted," "projected," "underwritten," "estimates," "predicts," "potential," or "continue" or the negative of these terms or other comparable terminology. These forward-looking statements include, but are not limited to, statements concerning the company, property, risk factors, plans and projections. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. None of Aeirth, the issuer nor any other person or entity assumes responsibility for the accuracy and completeness of forward-looking statements. Users should conduct their own due diligence and not rely on the financial assumptions or estimates that are displayed on the Website. Assets displayed on the Website are not bank deposits, are not insured and are not guaranteed by Aeirth, and may lose value.
NO WARRANTY; LIMITATION ON LIABILITY
BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE WEBSITE AND RELATED SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. NEITHER AEIRTH NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE WEBSITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER AEIRTH NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE CONTENT PROVIDED IN THE WEBSITE OR THE MATERIALS OR SERVICES OFFERED IN THE WEBSITE NOW OR IN THE FUTURE. AEIRTH AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE WEBSITE, INFORMATION ON THE WEBSITE OR THE RESULTS OBTAINED FROM USE OF THE WEBSITE OR RELATED SERVICES. AEIRTH AND ITS ASSOCIATES ACCEPTS NO RESPONSIBILITY FOR UPDATING ANY PARTY OF THE WEBSITE OR THE CONTENT THEREIN.
UNDER NO CIRCUMSTANCES WILL AEIRTH OR ITS ASSOCIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE WEBSITE, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF AEIRTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You understand and acknowledge that co-purchase of assets mentioned on the Website is speculative in nature and involves a high degree of risk, including the risk of loss of capital, and is not guaranteed. The Website is suitable only for sophisticated investors who fully understand and are capable of bearing the risks of co-purchasing such assets. A User should only co-purchase assets if he/she is able to withstand a total loss of capital. No guarantee or representation is made by us that you will achieve your investment objectives or will receive a return of your capital. Aeirth does not endorse or promote any of the opportunities that appear on this Website nor make any recommendations regarding same to any User. Users must not construe anything on the Website as investment, business, legal or tax advice and the content contained herein does not constitute an offer by Aeirth to sell, solicit or make an offer to buy an investment interest. Any information made available from our Website, does not represent a solicitation of an offer to buy or sell any property.
Aeirth is not a stock exchange recognised by the Securities and Exchange Board of India (“SEBI”) under the Securities Contract (Regulation) Act, 1956. Investment opportunit(ies) offered by any third party on the Website may mention securities which are traded on any registered stock exchange recognised under applicable laws.
READY TO USE PORTFOLIO:
When you invest in our ready to use portfolio you become a partner in an LLP which holds the investment across multiple business assets and manages the investments to achieve best returns possible. Your rights and obligations as a partner will be governed as per “Limited Liability Partnership Act, 2008”.
Aeirth may make certain opportunities available to you for accessing products offered by various third-parties (including, limited liability partnership firms co-owned by the Users and Participants) and third party platforms where you can undertake investments into unlisted securities such as schemes operated by registered Alternative Investment Funds (AIFs) and units of aforementioned LLPs” Aeirth does not act as an agent of such third-party platforms, or investee entities including angel funds for soliciting investments and Aeirth only creates awareness for such investment opportunity which allows users such as You to learn about such investment opportunity and then undertake your own independent research on whether such opportunity is right for you.
Investments in such Third-Party Products may be inherently risky, illiquid and carry the risk of losing some or all of the invested capital. Aeirth does not encourage, discourage, advise, or deter anyone from undertaking such investments and You should undertake your own independent research, and make an informed decision before undertaking any such investment in any Third-Party Products.
Your investment may be subject to such lock-in as may be provided in the terms and conditions of such investment and applicable laws including SEBI regulations.
Any Third-Party Products mentioned on the Website does not constitute investment advice, recommendation, or tip by Aeirth to anyone. Aeirth does not advice, encourage, or discourage anyone for investing or not investing in such Third-Party Products.
When You choose to invest in any Third-Party Product, Aeirth does not collect any payment from You as part of such investment, and Aeirth does not clear or settle any funds or securities pursuant thereto. Aeirth does not charge any separate fee from You for: (a) making the Third-Party Product available on the Website; or (b) choosing to invest in such Third-Party Products. In certain cases, the Users may wish to deposit all funds in relation to the Third-Party Products in escrow accounts for ease of operations. Such escrow accounts are opened by Aeirth with a bank, and operated by an independent third-party escrow agent appointed by Aeirth, for the purposes of receiving and distributing amounts from and to the Users; distributing funds to the limited liability partnership firms (and their vendors) set up in connection with the co-ownership opportunities; collecting monthly payments from the limited liability partnership firms; and for processing refunds to Users.
You acknowledge that all financial transactions conducted by you using the Website are conducted through a third party payment gateway (“Payment Gateway”) and your bank or financial service provider (“Bank”), and you acknowledge that Aeirth shall not be held responsible for any irregularity or failure in the completion of the such transactions which are attributable to the Payment Gateway or the Bank.
Aeirth is a multi-asset strategic business investment awareness platform and as such refunds and cancellations are not applicable. Investing in Third Party Products mentioned on our platform is Your independent decision and as such You can choose to withdraw from investing: (a) any-time before making payment; or (b) where investment has already been made, post completion of any lock-in period as per the terms of the relevant investment and applicable laws. Your mere browsing of our Website, perusal of Third Party Products mentioned or showing interest to invest in Third Party Products mentioned on Website does not create any contractual right/obligation whatsoever. Further, any investment by you in any Third Party Products is directly received by the relevant investee entity and / or the third party, and accordingly such investee entity and or the third party, as the case may be, is solely responsible for any refund, return of investment, or any other payment of a similar nature to be received by you. Just like Aeirth does not collect payment from you for any Third-Party Products, Aeirth has no role to play in any subsequent refund or cancellation.
REPRESENTATIONS AND WARRANTIES
By Using this Website, you represent and warrant that:
You are a citizen of India or, in case of juridical persons, are formed under the applicable laws of India;
You are 18 years of age or older and that your use of the Website will not violate any applicable law or regulation;
Before using our services, you have provided information, which is true, accurate, current, complete and updated about yourself; and
You will use the Website solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is strictly prohibited.
THIRD PARTY CONTENT
References on this Website to any names, marks, products or services of third parties, or hypertext links to third party websites or information or Content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties, nor the Content of any third party sites, and do not make any representations regarding third party materials or services, or the Content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
When communicating with Aeirth through digital media, please:
Confirm you are visiting the authorised Website;
Maintain confidentiality of your Personal Information, User IDs, Passwords used by you for any investment platform. Aeirth or its representatives will never ask you for your Personal Information, User IDs, Passwords used by you for any investment platform
Do not communicate or deal with personnel who are not affiliated with Aeirth.
Do not send emails to anyone with an address other than the authorized Aeirth e-mail addresses. Aeirth does not permit our employees and authorized representatives to send or receive work related emails from personal accounts or any other address.
EFFECT ON OTHER AGREEMENTS
Nothing contained in these User Terms is intended to modify or amend any other written agreement you may have with Aeirth or other Users of the Website ("Other Agreements") if any, that may currently be in effect. In the event of any inconsistency between these User Terms and any Other Agreements, the Other Agreements will govern. Some pages within the Website contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these User Terms. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
You agree to indemnify and hold harmless Aeirth and (as applicable) its subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Aeirth, made by any third party arising out of your breach or non-performance of terms of these User Terms, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
CHANGES TO THESE TERMS
We reserve the right to update (change, modify, add and/or delete) these User Terms from time to time, at our sole discretion, to reflect company initiatives, changes in the law or technology or changes in our practices. When we update these User Terms, we will intimate you of the amendments on your email address or on the Website. If you do not agree to the amendments, please do not use the Website any further. By continuing to use the Website, you will be deemed to have consented to the latest version of these User Terms.
None of the provisions of these User Terms will be deemed to constitute a partnership or agency between you and Aeirth and you will have no authority to bind Aeirth in any manner whatsoever.
All notices and other communications required or permitted hereunder to be given to a party will be in writing, in the English language, and will be sent e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party will have furnished to the other party in writing in accordance with this provision:
If to Aeirth (including for any grievances under the Information Technology Act or the Consumer Protection Act): firstname.lastname@example.org
If to You: At the email address provided by You.
If any clause of these User Terms is deemed invalid, void or for any reason unenforceable, such clause will be severable and will not affect the validity and enforceability of the remaining clauses of these User Terms.
These User Terms set forth the entire understanding and agreement between you and Aeirth with respect to the subject matter hereof.
You cannot assign or otherwise transfer your rights or obligations under these User Terms to any third party. Aeirth may transfer its rights and obligations (also known as "assign") under these User Terms without your prior express consent, provided that Aeirth will assign these User Terms on the same terms or terms that are no less advantageous to you.
If any dispute arises between you and Aeirth during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these User Terms, or the documents they incorporate by reference, the dispute will be referred to a sole Arbitrator who will be an independent and neutral third party identified by Aeirth. The place of arbitration will be Mumbai, Maharashtra. The arbitration proceedings will be in the English language and will be governed by Arbitration & Conciliation Act, 1996.
These User Terms or the documents they incorporate by reference will be governed and construed in accordance with the laws of India. Subject to clause of Arbitration above, all disputes arising under these User Terms between you and Aeirth will be subject to the exclusive jurisdiction of courts at Mumbai, Maharashtra, India.