Disclaimer

This website disclaimer (“Disclaimer”) is written for all users of "Catax", including any additional websites and mobile applications now in use or hereinafter developed (collectively “Catax”). 

The parties referred to in this Disclaimer shall be defined as follows: 

Block Chain Innovation Pvt. Ltd, us, we: The Company, as the creator, operator, and publisher of Catax,  makes Catax, and certain Services on it, available to users. The Company, us, we, our, ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company. 

You, the User, the Client: You, as the user of Catax, will be referred to throughout this Disclaimer with second-person pronouns such as you, your, yours, or as user or client. 

Parties: Collectively, the parties to this Disclaimer (the Company and You) will be referred to as Parties. 

Services: Any combination of the products and services for sale on Catax 

1.1 Express Disclaimers  

By using the Site, the Platform or Services, you expressly acknowledge and agree that:  

(i) such use of the Site, Platform, and Services is at your own and sole risk;  

(ii) any material and/or data downloaded or otherwise obtained through the use of the Site, the Platform and Services or any of the Materials contained therein is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data;  

(iii) the Site, Platform and Services, and all Materials contained therein, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement;  

(iv) the Company makes no representations or warranties that the Site, the Platform and Services, or any Materials contained therein, will be uninterrupted, timely, secure, or error-free; nor does the Company make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of the Site, Platform and Services or any of the Materials contained therein; 

(v) the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties; and accordingly, the Company does not assume any responsibility or risk for your use of the Internet;  

(vi) the Company makes no warranty, express or implied, regarding any transaction entered into through the Site, Platform or Services; and  

(vii) the Company is not responsible for any use of confidential or private information by Users or third parties.  

1.2 No Implied Warranties  

The warranties and representations expressly set forth in these Terms of Use are the only warranties and representations made by the Company with respect to the Site, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the Parties or by operation of law or otherwise, including warranties of merchantability and fitness for a particular purpose which are excluded to the fullest extent permitted by applicable laws. None of these warranties and representations will extend to any third person.  

INDEMNIFICATION AND RELEASE  

2.1 Improper Use of Site or Services  

If we determine that you or any User has provided or intends to engage in any activity or provide any services or material in violation of any law, your ability to use the Site, Platform and Services will be terminated immediately, without any reimbursement of any payment or fees you may have made to us. We reserve the right, in our sole and absolute discretion, to cooperate with law enforcement upon legal request and/or advisement of an attorney. We hereby disclaim any liability for damages that may arise from any User providing any material or services for any purpose that violates any law.  

2.2 Indemnification   

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates and subsidiaries and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, telecommunication providers, and agents (collectively, the “Indemnified Parties”), from and against any and all claims (including third-party claims), actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees (collectively, “Losses”), directly or indirectly, resulting from or by reason of  (i) your (or you under another person’s authority, including, without limitation, to governmental agencies) use, misuse, or inability to use the Site, Platform, Services or any of the Materials contained therein; or (ii) your breach of these Terms of Use.  

The Company shall notify you by electronic mail, mail or other appropriate means, of any such claim or suit, and reasonably cooperate (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claims or choose our own legal counsel, but are not obligated to do so.   

2.3 Release   

To the maximum extent permitted by applicable law, you hereby discharge, acquit and otherwise release the Indemnified Parties, from any and all allegations, counts, charges, debts, causes of action, claims and Losses, relating in any way to the use of, or activities relating to the use of, the Site, including the Platform, and the Services including, but not limited to, claims relating to the following: negligence, gross negligence, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, misrepresentation, any financial loss not due to the fault of the Site, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Site, including the Platform, unavailability of the Site, its functions and/or Services and any other technical failure that may result in inaccessibility to the Site, Platform or Services, or any claim based on vicarious liability for torts committed by Users encountered or transacted with through the Site and Services, including, but not limited to, fraud, computer hacking, theft or misuse of personal information, assault, battery, stalking, rape, cheating, perjury, manslaughter or murder.  

The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the Parties to be interpreted broadly in favor of the Company, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the Parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.  

LIMITATION OF LIABILITY  

3.1 Limitation of Liability  

Save as permitted to the maximum extent by applicable laws, in no event shall the Company (or its officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party, for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue or goodwill, which may arise from any person’s use, misuse or inability to use the Site, the Platform, the Services or any of the Materials contained therein, even if we have been advised of the probability of such damages. This is for any matter arising out of or relating to these Terms of Use and your use of the Site and the Services, whether such liability is asserted on the basis of contract, tort or otherwise, even if we have been advised of the possibility of such damages.  

3.2 Force Majeure  

We will not be liable for our failure to perform any obligations under these Terms of Use due to events beyond our control; and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond our control include, but are not limited to, acts of God, war, riot, arson, embargoes, civil commotion, strikes, labor disputes, equipment failures, bank failures, credit or debit card transaction processing failures, strikes, fire, flood, earthquake, hurricanes, tropical storms or other natural disaster or casualty, shortages of labor or material, shortage of transportation, facilities, fuel, energy, government regulation or restriction, acts of civil or military authority or terrorism, fibre cuts, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, failure of the telecommunications or information services infrastructure, hacking, SPAM or failure of any computer, server or software disruptions on account of or caused by vandalism, theft, phone service outages, power outage, Internet disruptions, viruses, and mechanical, power or communications failures.   

If, after the date of these Terms of Use, any law, regulation, rule, regulation or decision of any funding method association, or ordinance, whether federal, state, or local, becomes effective which substantially alters our ability to perform Services hereunder, we shall have the right to cancel these Terms of Use, with notice, if reasonably possible, effective upon the earlier of (i) the date upon which we are unable to provide our Services hereunder; and (ii) thirty (30) days following notice.  

3.3 Maximum Liability  

In no event shall our maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of the Site, the Platform or the Services for a period of more than three (3) months from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.   

3.4 Right of Set Off  

To the extent allowable by law, we reserve the right to set-off any damages or amounts owed to us by you for your breach of these Terms of Use or other obligations under these Terms of Use against funds in your Account.  

LINKS AND LINKING  

4.1 Third Party Links  

Some websites which are linked to or from the Site (including advertisements) are owned and operated by third parties. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible or liable for the availability of such external websites or resources, and do not screen or endorse such websites or the content, products, advertising or other materials presented therein. We are not responsible or liable for any such content, advertising, services, products or other materials on or available from such websites or resources.  

Use of any website controlled, owned or operated by third parties is governed by the terms and conditions of  use for those websites, and not by these Terms of Use or our Privacy Policy, which is incorporated into these Terms of Use by reference.  

4.2 No Liability  

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any Losses caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third-party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.  

4.3 Indemnification  

You hereby agree to defend and hold harmless each of the Indemnified Parties from and against any and all Losses that may result from your use of links that may appear on the Site, the Platform or via the Services. We reserve the right to terminate any link or linking program at any time.  

PROPRIETARY INFORMATION

5.1 Proprietary Rights  

The Materials accessible from the Site, the Platform, the Services, and any other website owned, operated, licensed, or controlled by us are our proprietary information and valuable intellectual property and we retain all right, title, and interest in such Materials. No rights, title or interest in any such Materials are transferred to you by access to the Site and Services.  

All Materials included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software are the property of the Company or its content suppliers and are protected by India and international copyright laws. The compilation of all Materials on the Site is the exclusive property of the Company or its content suppliers and protected by India and international copyright laws, as well as other laws and regulations.   

Nothing in these Terms of Use grants to you any right to use any of the Company’s or any third party’s trademarks, service marks, logos or other Materials.  

5.2 No Infringement  

All of the marks, logos, domains and trademarks that you find on the Site and Services may not be used publicly except with express written permission from the Company, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Company.  

5.3 No Alteration or Distribution  

The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Use violates our intellectual property rights.  

5.4 Feedback  

If you submit feedback or suggestions about the Site, the Platform, the Services or any Materials contained therein, we may use your feedback or suggestions without obligation to you.  

EXPORT CONTROL

6.1 Export Controls  

You understand and acknowledge that the software elements of the Materials on the Site and the Services may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to United States’ or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.  

6.2 No Agency Relationship  

Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the Parties shall be limited to those expressly set forth herein. We are not your agent or other representative. Except for the indemnity and exculpation provisions herein, nothing expressed in, mentioned in, or implied from these Terms of Use is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons. These Terms of Use and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and us.  

NOTICES

7.1 Notice  

Any notice we are required to give you under these Terms of Use may be provided by email, postal mail or facsimile utilizing the contact information provided by you when you opened an Account or by general posting on the Site. Notices from you to us shall be given by email to: [email protected], unless otherwise specified in these Terms of Use.  

7.2 Communications Not Provided  

We do not provide any facility for sending or receiving private or confidential electronic communications. Visitors should not use the Site or Services to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered into the Site or Services can and may be read by the agents and operators of the Site or Services, regardless of whether they are the intended recipients of such messages. User should not have an expectation of privacy regarding any communications sent through the Site or the Services.  

ARBITRATION  

8.1 Binding Arbitration  

If a dispute arises between the Parties arising out of or otherwise relating to these Terms of Use, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party must submit the issue to binding arbitration as further discussed below. Claims subject to arbitration (“Arbitral Claims”) shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by us under applicable worker’s compensation law, unemployment insurance claims, intellectual property claims (including, but not limited to, claims involving copyrights, trademarks, patents, unfair competition, and/or trade secrets), along with actions (regardless of the underlying cause of action) by us seeking injunctions, attachment, garnishment and other equitable relief.  

Any dispute arising out of or relating to these Terms of Use, or the breach thereof, shall be finally settled by arbitration in New York, New York administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The language of the arbitration shall be English and these Terms of Use shall be governed by the laws of the State of New York.  

An arbitral decision resulting from the above may be enforced in any court, and a prevailing party in any action or proceeding to enforce these Terms of Use shall be entitled to costs and attorney’s fees.  Additionally, the Parties waive any right to trial by jury, as well as any right to participate in a class action lawsuit.  

The arbitrator shall have no authority to award any punitive or exemplary damages, certify a class action, add any parties, or vary or ignore the provisions of these Terms of Use. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding.  

8.2 No Waiver of Right to Arbitration  

There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving Party to the other Party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.  

8.3 Waiver of Statute of Limitations  

Notwithstanding the period of limitation prescribed by applicable laws for the bringing of any relevant action or claim, the Parties hereby mutually agree that no action, regardless of form, arising out of or in conjunction with the subject matter of these Terms of Use, except for claims involving intellectual property, claims to recover outstanding amounts due to us and claims for indemnification, may be brought by any party more than one (1) year after the cause of action arose, following which either Party shall have no further claim whatsoever against the other Party.  

8.4 Right to Injunctive Relief  

Each Party acknowledges that the other Party’s remedies at law may be inadequate to provide them with full compensation in the event of a breach of these Terms of Use, and that the non-breaching Party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.  

MISCELLANEOUS PROVISIONS 

9.1 Assignment  

The rights and liabilities of the Parties hereto will bind and insure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. You may not assign these Terms of Use without our prior written consent. We may assign these Terms of Use and our rights and obligations hereunder at any time upon thirty (30) days prior written notice to you.  

9.2 Severability  

If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms of Use, or any portion thereof, to be invalid, unenforceable or illegal, such invalidity, unenforceability or illegality shall not affect the remainder of these Terms of Use which will continue to be in full force and effect.  

9.3 No Waiver  

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Use. No failure or delay in exercising or enforcing any privilege, right, remedy, or power hereunder shall be deemed a waiver of such provision by us. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Use. All waivers must be in writing.  

9.4 Headings  

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Use.  

9.5 Complete Agreement  

Except as set forth in Section 2.9 hereof, these Terms of Use, together with our Privacy Policy, constitutes the entire agreement between the Parties with respect to your access and use of the Site, the Platform, the Services and the Materials contained therein, and your use of the Site and Services.  Except as set forth in Section 2.9 hereof, these Terms of Use, together with our Privacy Policy, supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.  

9.6 Other Jurisdictions  

We make no representation that the Site, the Platform, the Services or any of the Materials contained therein, are appropriate or available for use in locations outside the United States, and access to them from territories where their content or function may be illegal or is otherwise prohibited. Those who choose to access the Site, the Platform and Services from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.  

9.7 Understanding 

By continuing to use this website, you assent to each term and section contained in this Disclaimer. 

Through your use of Catax, you acknowledge and agree that information provided by the Company is simply that, information and, and should not be considered a substitute for legal advice, tax advice, audit advice, accounting advice, or brokerage advice under the guidance of a licensed professional. Further, the information provided herein should not be taken as financial planning or investment solicitation. No fiduciary relationship has been created between you and the Company. 

You hereby understand and acknowledge that through your use of Catax, you are not being represented by an attorney, certified financial planner, broker, or other regulated advisor. Certain of the Catax Services may provide access to such a professional, through a referral service by which Catax receives affiliation fees, or provide tax-related information, but if you are in need of legal or financial advice, including a review of any financial or tax decisions, we advise you to consult the appropriate advisor, such as your own attorney, accountant, or other professional. 

You agree that your use of Catax and Services is at your sole and exclusive risk and that any Services provided by the Company are on an “as is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that Catax or the Services will meet your needs or that Catax or Services will be uninterrupted or error-free. We endeavor to keep Catax and the Services as secure as possible but you hereby acknowledge that no system involving the transmission of information via the Internet, or the electronic storage of data, is completely secure. We are not liable for any loss, theft, unauthorized access, disclosure, copying, use, or modification of your personal data that occurs outside our reasonable control. The Company also makes no warranties as to the reliability or accuracy, completeness, or quality of any information on Catax or obtained through the Services. you agree that the Company is not liable for any errors, omissions, loss or damage which may be caused by your use of Catax or Services, to the fullest extent permitted by law. Any damage that may occur to You, through your computer system, or as a result of loss of your data from your use of Catax or Services is your sole responsibility. 

Documents, information, or other Services received on or through Catax may not be appropriate for your particular situation, the assessment of which is your sole and exclusive responsibility. 

Catax makes no assurances to any particular outcome based on your use of Catax or any of the Services, including business or financial outcomes. If you choose to purchase Catax’s automated investment Services, you acknowledge and agree that these Services may not be suitable for every investor and that you should always undertake to make your own investment decisions. You further agree that any projected returns shown through Catax’s Services may not be indicative of real-world results and that your investment returns or financial gains are not guaranteed in any way. Any representations of historical performance or projected performance are not warranted to be accurate or error-free. 

9.8 No Attorney Client Relationship 

The use of and access to catax’s software and Services does not create an attorney-client relationship. You should contact your with respect to any particular issue or problem. 

9.9 Modifications 

We may modify these Terms from time to time in which case we will update the “Last Revised” date at thetop of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes.   The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. 

9.10 Injunctive Relief 

You agree that a breach of these Terms will cause irreparable injury to catax for which monetary damages would not be an adequate remedy and catax shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. 

Last updated on: 1st November, 2021