The terms and conditions as set out herein (“Terms”) constitute an agreement between Real Time Accelerator LLP (“we”, “us” or “our”), which operates the Platform (defined below) and a natural or legal person who accesses and/or uses Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on the Platform (“Service(s)”), as updated from time to time.
By using the Platform, you expressly agree to be bound by the Agreement (defined below). If you do not agree with any of the Terms, please do not use the Platform. Please note that your access to the Services, other platforms or utilisation of Services (defined below), offers or promotions in relation to the Services as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines along with these Terms. If these Terms are inconsistent with any additional terms, the additional terms will control to the extent of such inconsistency with respect to the applicable Services. These Terms govern your use of the Platform, transaction or dealings thereon and access to the Services.
For the purposes of these Terms: (a) “Platform” means the https://realtimeaf.com/ (Backrr App), which includes its corresponding mobile application/wallet/website/tablet/desktop or any other digital mode and/or operating system as provided by us, on which you may avail the Services and includes applications controlled and managed by us which interact with one or more such mobile applications/ wallets/ websites/ tablets and digital modes as provided by us; (b) “Services” shall mean the variety of solutions and services provided on the Platform including but not limited to facilitating users to list and browse curated deals and potential investments, and connect, network and share information with other users on the Platform; and (c) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
Please note that we may from time to time change the Terms that govern your use of the Platform. We will endeavour to notify you through any of the communication modes as mentioned in this Terms in case of any changes or updates to the Terms that we believe may materially impact your use of the Platform. Every time you wish to use the Platform, please check these Terms to ensure you understand the terms and conditions that apply at that time.Your continued use of the Platform following the changes or updates will mean that you accept the changes or revisions to the Terms and agree to abide by it. Further, please note that we reserve the right to either change the format and/or the content of the Platform or suspend the operation of the Platform for support or maintenance work, in order to update the content or for any other reason, at any time.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be 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.
We authorise you to view and access the Platform solely for identifying start-ups, making investments and raising capital for your start-ups in case you are a founder, and therefore, grant you a limited, revocable permission to access and use the Services.
By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
REGISTRATION OF YOUR ACCOUNT
You are required to register on the Platform to avail the Services available on the Platform. You will be eligible to access and avail the Services only upon receipt of a confirmation e-mail from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration.
You understand that access and use of certain Services on the Platform may require payment of certain fees. Further, any additional/ new features, functionalities or enhancements to the Platform may be marketed separately by us and that may require creation of separate or additional accounts, payment of additional fees and furnishing of additional documents. We will determine, in our sole discretion, whether access to such new features, functionality or enhancements will require an additional fee or additional documentation. Any new or modified functionality added to the Platform and any updates or enhancements to the same are subject to the terms and conditions of this Agreement. We reserve the right to deploy updates or enhancements at any time. We reserve the right to introduce, modify or remove payment of any such fee for use or access of Services (including any new service) without serving prior notice to you.
You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log-in credentials of your account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.
COMMUNICATION AND UNSUBSCRIPTION
By accepting the Terms, you also accept to receive news, updates, investment related SMS, on the mobile phone number provided by you. By accessing and using the Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings.
You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.
You undertake and agree to provide your co-operation to us, as and when we may contact you through telephone, e-mail, SMS, or any other electronic means of communication for:
(a) obtaining review or feedback about the Platform; and
(b) resolving any complaints or queries regarding your use of the Platform
DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
We will try to ensure that all information and recommendations, whether in relation to the Services, offerings or otherwise (hereinafter “Information”) provided as part of this Platform is correct at the time of inclusion on the Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of the Information.
You understand that we are neither a stock exchange nor do we intend to get recognized as a stock exchange under the Securities Contracts Regulation Act, 1956. We are not authorized by the capital markets regulator to solicit investments and we do not seek to advertise, solicit, invite, or induce any sort of investment from the users through this Platform. Information made available on the Platform shall not be considered as an offer and/or recommendation by us. We are not investment advisors or intermediaries in terms of the securities laws. We do not facilitate or direct any online or offline buying, selling, or trading of securities. The Information presented on this Platform is for informational purposes only and is being provided by us only on your specific request, and any information obtained, or materials downloaded from this Platform is completely at your discretion. The Information provided under this Platform should not be interpreted or construed as legal, financial, investment or any other form of advice. We are not liable for any action taken by the user relying on the material / information provided under this Platform or for the consequences thereof. Investing in private markets and securities involves risks, and past performance does not guarantee future results. In case you require specific investment advice, you must seek the same independently from registered investment advisors.
You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Platform shall constitute an invitation to invest in us or any of our affiliates. Any use of the Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Platform, the Information, or any third-party website linked to the Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
As means to assist the users, we provide visual representations on the Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. The Information could include inaccuracies or typographical errors. We have endeavoured to ensure that all the Information on the Platform is correct, but we neither warrant nor make any representations regarding the quality, accuracy or completeness of any data or information contained therein.
We do not covenant or provide any representations and warranties: (a) in respect of deals, portfolio, investors, founders, quality, suitability, accuracy, reliability, performance, safety, or the content on Platform;
(b) that the Services will be made available at all times; and
(c) that the operation of Platform, including the functions contained in any content, information and materials on Platform or any third-party sites or services linked to Platform will be uninterrupted, or that the defects will be rectified, or that Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
THIS PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS PLATFORM, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS PLATFORM OR YOUR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platform.
AVAILIBILITY AND ACCESIBILITY OF BACKRR PLATFORM
The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user's request or redirect a user to a separate site for that user’s region if a user attempts to order Services offered on a site in another region.
Information that we publish on the world wide web may contain references or cross references to our programs and Services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or Services in your country. Consult our local business contact for information regarding the programs and Services that may be available to you.
We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending requests without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
In your use of Platform, you may enter into correspondence with, avail services from or participate in promotions of advertisers or members or sponsors of Platform or access any other third-party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
The Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Platform Content”). All copyright and other intellectual property rights in the Platform Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the Platform Content as part of Platform We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the Platform are either owned by or licensed to us.
The license granted to you does not include a license for: (a) commercial use of the Platform or Platform Content, (b) any use of Platform, the Services and/or of Platform Content other than as contemplated in these Terms, (c) any downloading or copying of login credentials of user, (d) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Platform, and (e) creating and/ or publishing your own database that features parts of the Platform.
If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at firstname.lastname@example.org and let us know of your concerns.
All the trade names associated with us and all products and logos denoted with “TM” are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
LICENSE AND USE OF YOUR CONTENT
You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.
You agree that we do not routinely monitor your postings on Platform but reserve the right to do so. However, if we become aware of inappropriate use of the Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we shall have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
Submissions and unauthorised use of any materials contained on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Platform or the use of the Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
We reserve the right to terminate access to this Platform at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms shall survive the termination or expiration of the Terms.
You may obtain certain confidential information, including without limitation, technical, contractual, product, pricing, business related functions, activities and services, customer lists, knowledge of customer needs and preferences, business strategies, marketing strategies, methods of operation, markets and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You acknowledge and agree to hold all Confidential Information in strict confidence. All title and interest in all the Confidential Information shall be vested in us. Upon termination of your account or use/ access of the Platform, you shall forthwith delete or remove any such Confidential Information. Your obligations regarding Confidential Information will survive the termination of these Terms.
USER WARRANTIES AND RESTRICTIONS
You represent and warrant that: (a) your use of Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us by you in connection with Platform and/or Services is true, accurate and lawful; (c) use of the content and material supplied by you does not breach any applicable law/agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we shall have the right to reject registration and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against us or any of our affiliates arising out of or in connection with a breach of any of these warranties.
You will use Platform for lawful purposes only and will not undertake any activity that is harmful to Platform or its content or otherwise not envisaged through the Platform. You have a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to these Terms.
You shall not do any of the following:
(a) delete or modify any content on Platform, such as any information regarding the Services;
(b) use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Platform;
(c) make false or malicious statements against the Services, Platform or us;
(d) post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Platform and/or the Services;
(e) introduce any trojans, viruses, any other malicious software, any bots or scrape Platform for any information;
(f) probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
(g) hack into or introduce malicious software of any kind onto Platform;
(h) gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
(i) engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “phishing” as those terms are commonly understood and used on the internet.
You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Platform, any information that:
(a) belongs to another person and to which you do not have any right;
(b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates or defames another person; or
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Platform or the Services, violation of these Terms or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide We with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost
To the fullest extent permitted by law, we are not and will not be liable for any direct, indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the Platform or the Services, even if we have previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (i) the use of or the inability to use the Platform; (ii) conduct of any user on the Platform; (iii) unauthorized access to or alteration of transmissions or data; (iv) malicious or criminal behaviour, or false or fraudulent transactions; or (v) technical or other operational lapses on the Platform. In any event, our liability arising out of the Terms or use of the Platform shall not exceed INR .
Applicable Law and Jurisdiction: These Terms are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms or any dispute arising in relation to the Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at [New Delhi, India], for the resolution of all such disputes.
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
No provision in these Terms shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
These Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms as available on Platform. Your relationship with the Platform will be governed by the most current version of these Terms, as published on Platform. These Terms supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms.
These Terms were last updated on: 25 Jan, 2023.