Terms Of Use

Please read the terms and conditions carefully before registering, accessing, or using the FACILON Services Private Limited (defined below) offered through the Facilon website. These terms and conditions are a legal contract ("Terms of Use") between You and Facilon Services Private Limited (“FACILON”) having its registered office at A102, Golden Square CHS, Kalina, Santacruz (E), Vidya Nagari, Mumbai - 400098, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these Terms of Use or do not wish to be bound by these Terms of Use, you may not use the FACILON Services and/or immediately terminate the Services.

ELIGIBILITY

By registering with FACILON and accessing the FACILON Services, you are representing the following:

  • You are 18 years of age or older.
  • You are capable of entering into a legally binding agreement; and
  • You are not barred or otherwise legally prohibited from accessing or using the FACILON Platform and FACILON Services.

If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with these Terms of Use. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that FACILON does not have the responsibility of ensuring that You meet the aforesaid eligibility requirements.

Definitions

“FACILON”, “Facilon” “We”, “Us”, “Our” means FACILON Services Private Limited.

“You”, “Yours”, “Yourself”, “User” means any prospective user, or registered user of FACILON, including but not limited to Service Providers and Service Recipients.

“FACILON Platform” means any platform owned/subscribed/used by FACILON including but not limited to the FACILON Website, devices, URLs/links, notifications, chatbots, FACILON’s social media channels or any other communication medium or mechanism used by FACILON to provide services to the Users.

“FACILON Website” means www.facilonservices.com or any other website hosted or registered by FACILON.

“FACILON Services” means and include all services offered / to be offered by FACILON either directly or through its Service Providers including but not limited (a) a technology integration platform through the Platform to facilitate access and interaction with the Service Provider by the Service Recipient (for investment in Indian securities) pursuant to the products sold by the Service Provider, and (b) certain value-added services to its Users.

“Service Provider” means and includes all onshore (Indian) parties such as custodians, portfolio managers, designated depository participants (DDPs), depository participants, brokers, banks, investment funds, and tax consultants on one side who are registered on the Platform. “Service Recipient” means and includes all investors, investment advisers, institutions, bodies corporate, or individuals (including NRIs, OCIs, and foreign resident individuals), and professional (investment and wealth advisory) firms (who can source foreign investors eligible to invest in overseas jurisdictions including India) who are registered on the Platform.

“Terms of use” / “Terms and Conditions” are interchangeably used and mean these Terms of Service including the Supplemental Terms.

Your Use of FACILON

You agree that:

  • Your use of the Facilon Platform shall not violate any applicable law or regulation.
  • Your use of the FACILON Platforms shall be only for personal purposes.
  • All information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your account.
  • You are responsible for all the interactions that take place on the Platform.
  • You shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the FACILON Platform, including our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
  • You shall not access or use the FACILON Platform in any manner that (i) may be harmful to the operation of the FACILON Platform or its content; (ii) may be unlawful; (iii) maybe harmful to FACILON or to any other User; (iv) may hinder the other User’s enjoyment of the FACILON Platform; or (v) to defraud other Users, FACILON or any Service Provider.
  • You shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component or malicious content, or otherwise impair or damage the FACILON Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the FACILON Platform.
  • You shall not delete or modify any content of the FACILON Platform or Services.
  • Your use of the FACILON Platform shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the FACILON Services. Please note that your continued use of the FACILON Platform following such Updates would mean deemed acceptance by you of the same.
  • You understand and accept that not all Services are available in all geographic areas, and you may not be eligible for all Services offered by FACILON on the FACILON Platforms. FACILON reserves the right to determine the availability and eligibility for any Services offered on the FACILON Platform.

Violation of Terms of Use / Suspicious Activity

If We believe that you have violated any of the conditions as mentioned under these Terms of Use, our Privacy Policy and other terms and conditions applicable to certain services or any agreements consented to while availing FACILON Services or Facilon Platform, we reserve the right to suspend your access to the FACILON Services and/or Platform without prior notice to You.

Privacy

We collect, hold, use and transfer your Personal Data in accordance with our Privacy Policy. By agreeing to the Terms of Use, you also hereby agree to our Privacy Policy, which may be updated and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the FACILON Services may be shared with our Service Providers, and/ or used by us for enhancing the FACILON Services, including but not limited to creating new products and services. Please refer to the Privacy Policy for further clarity on the subject.

Disclaimer

The FACILON Services, including all content, software, functions, material, and information made available or accessible through the FACILON Platform are provided “as is”. FACILON and their respective agents, co-branders or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services.

FACILON does not warrant that the functions contained in content, information and materials on the FACILON Platform, including, without limitation any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the FACILON Platform or the servers that make such content, information, and materials available are free of viruses or other harmful components.

Limitation of Liability

In no event shall FACILON, their officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether FACILON has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the FACILON Platforms or FACILON Services.

In no event shall FACILON’s total cumulative liability to You in connection with the FACILON Services and Platform for all damages, losses and causes of action (whether arising under contract or otherwise), arising from or relating to Your use of the FACILON Platforms or arising from these Terms of Use exceed INR 10,000/- (Indian Rupees Ten Thousand only).

Indemnity

You agree to defend, indemnify and hold harmless FACILON, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising from:

  • your use of and access to the FACILON Platforms.
  • your violation / breach of any of these Terms of Use.
  • your violation of any third party right, including any intellectual property right or privacy right.
  • the committing of any of the prohibited activities as stated herein.
  • your failure to be in compliance with applicable law, including SEBI laws and regulations, RBI laws and Regulations, tax laws and cyber security laws; or
  • any claim that your use of the FACILON Platform caused damage to a third party.

Disputes & Arbitration

Except as otherwise set forth in these Terms of Use, these Terms of Use shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the FACILON Services or these Terms, including those relating to its validity, its construction or its enforceability, but excluding those provisions where it has been specified that FACILON’s decision shall be final, (any “Dispute”) shall be, if initiated by the User, first raised by the user to [email protected]. If such Dispute has not been settled within sixty (60) days after the User reaches out to the aforementioned email ID, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). Provided, however, when FACILON raises any dispute, FACILON may directly initiate arbitration in accordance with this clause. The Dispute shall be resolved by one (1) arbitrator to be appointed by FACILON. The place and seat of arbitration shall be Mumbai, India. The language of the arbitration shall be English. The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Use and Protection of Intellectual Property Rights

All intellectual property, including in relation to the Facilon Platforms, including any software, techniques and processes used, and any trademarks, logos, images, material, content, designs, information, and other content available on the Platform belongs exclusively to Facilon or is licensed to Facilon. By no means is any proprietary right or license in any intellectual property implied or expressly granted by Facilon to You or any other user of the Platform through the use of the Platform.

You shall not copy, decompile, reverse engineer, or otherwise attempt to discover any source code, license, use or assign any intellectual property in the Platform, copy any logos, brand names, marketing or branding material or pictures from the Platform, remove any copyright and other proprietary notices contained in any content on the Platform, or use spiders, crawlers or robots for the purpose of accessing the Platform, or any content on the Platform.

Any unauthorized use of Facilon’s intellectual property rights in connection with any other good, service or offering will constitute an infringement of the intellectual property rights of Facilon and may be actionable under the applicable laws.

FACILON Platform and the FACILON Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content, or material from the FACILON Platform including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Our express written permission. You are hereby given a limited license to use the FACILON Platforms, subject to your agreement of these Terms of Use.

When you upload, submit, store, send or receive content that may include chat or feedback to or through the FACILON Platform, you give FACILON a worldwide, perpetual license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This license shall not expire even if it is not used by FACILON. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the FACILON Services, and to develop new ones. This license continues even if you stop using the FACILON Services.

Governing Law and Jurisdiction

The FACILON Platform, the FACILON Services, all your interactions with FACILON Platform, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that subject to the Disputes & Arbitration Clause above, all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Mumbai, Maharashtra, India.

Assignment

You shall not transfer or assign any of Your rights and obligations arising from these Terms of Use.

You agree and acknowledge that FACILON may assign or transfer its rights and obligations under these Terms of Use in whole or in part, to (i) an acquirer of FACILON or any other FACILON entity or their respective equity interest, business, or assets; or (iii) a successor entity resulting from any corporate action including mergers or demergers.

General

No joint venture, partnership, employment, or agency relationship exists between you, FACILON or any Third Party as a result of the contract contained in these Terms of Use. If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected. In that event, FACILON shall replace the illegal, invalid, or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use. These Terms of Use (together with any additional terms displayed in specific sections of the FACILON Platform) constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

Force Majeure

Facilon shall not be responsible for any delays or defaults in the performance of its obligations due to any contingencies beyond its control. Such contingencies include but are not limited to losses caused directly or indirectly by exchange or market rulings, suspension of trading, fires, floods, civil commotions or riots, earthquakes, cyclones, tsunamis, wars, strikes, pandemics or health calamities, any terrorist actions, system failures, breakdown in internet links and any regulatory actions by the government.

Updating

We may amend these Terms of Use at any time by posting an updated version on the FACILON Platform. The updated version of these Terms of Use shall supersede the previous version of the Terms of Use and take effect immediately upon posting. You have the right to opt-out of agreeing to these Terms of Use or any future updated version of the Terms of Use, by ceasing to use the FACILON Platform and Facilon Services. However, please be aware that your continued use of the FACILON Platform and Facilon Services from the launch of any updated Terms of Use would mean deemed acceptance of such updated Terms of Use including any modification thereof. We recommend you keep checking the Terms of Use often to be familiar with any updates and changes.

Support

We support and encourage all users to contact us for questions, concerns, or suggestions relating to our terms of use and our privacy policy or practices involving the usage of data. We may be contacted at [email protected]. We commit to reaching out to you within 7 working days of your request.