1. Introduction

1.1. This Agreement (“Agreement”) between You and CAPITAIRE Consulting Private Limited (“CAPITAIRE”, “we”, or “us”), confirms our understanding of the terms of usage of the website, www.capitaire.com.

1.2. You are considered to have read, understood and agreed to all the terms of the Agreement

1.3. THIS AGREEMENT INCLUDES YOUR CONSENT TO ELECTRONIC COMMUNICATIONS AS PROVIDED IN SECTION 11.

2. Intellectual property rights

The Services, modifications, copyrights, patents, trade secrets, trademarks, and other intellectual property rights pertaining to any aspect of the Services are our exclusive property. You acquire no ownership interest, derivative work, or component of the Products and/or Services through your use of the Services. You are not granted right, title, or interest to any trademark, service mark, logo, or trade name of CAPITAIRE under this Agreement.

All intellectual property right in all contents and information presented in the website including text, design, logo and its arrangement and classification and all software compilations, underlying source code and software including but not limited to text, audio, video or graphical images, trademarks and logos appearing on the website belongings to CAPITAIRE Solutions Private Limited and are protected under applicable Indian Laws.

3. Copyright of Information on the Website

Ownership rights on technical information, under Information Hub including tax posts, business posts, articles, tax tools etc) contained in this website is exclusive property of CAPITAIRE and nothing in this Terms and Conditions of Use shall be construed as transferring or assigning any such ownership rights to You or any other person or entity.

You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by CAPITAIRE prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share CAPITAIRE or its Products/Services, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by CAPITAIRE prior to such use.

4. Your Privacy

4.1. Our Privacy Policy

Your use of the Services is subject to our Privacy Policy, available at privacy notice. This policy explains how CAPITAIRE treats your personal information, and protects your Privacy, when you use the services. You agree to the use of your data in accordance with CAPITAIRE’s Privacy Policy.

4.2. Changes to our Privacy Notice

(i) post a notice on our web site describing the change, or

(ii) send you electronic notification of the change.

4.3. Sharing of Information

CAPITAIRE shall not share any of the personal information with any other person other than Authorized Person to perform its obligations under this Agreement.

5. Liability of CAPITAIRE

THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HEREIN. CAPITAIRE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS. CAPITAIRE AND/OR ITS RESPECTIVE ASSOCIATED ENTITIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES CONTAINED ON THIS WEB SITE. CAPITAIRE AND/OR ITS ASSOCIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY.

CAPITAIRE SHALL NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CAPITAIRE OR ANY OF ITS ASSOCIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND THE PRODUCTS/SERVICES IS AT YOUR SOLE RISK.

6. Disclaimer of Warranties

6.1. General Disclaimer

OTHER THAN THOSE EXPRESS WARRANTIES AND GUARANTEES SET FORTH IN THIS AGREEMENT, CAPITAIRE AND ITS AFFILIATES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING USAGE OF THE WEBSITE www.capitaire.com.

7. Anti spam policy

For minimising the spam emails, CAPITAIRE ensures to take all reasonable measures to reduce the impact of spam emails. All emails received by CAPITAIRE are subject to spam check and if an email identified as spam will be rejected with sufficient information to the sender for taking necessary action. CAPITAIRE reserves the right to reject and/or report any suspicious spam emails, to the authorities concerned, for necessary action, from time to time.

8. Third Party Websites

CAPITAIRE Website may have certain links, which lead to resources located on servers maintained by third parties over whom CAPITAIRE has no control. CAPITAIRE is not responsible for the contents or omissions of any linked site or any links contained in a linked site. Any transactions relating to services not directly offered by CAPITAIRE are to be settled inter-se between the parties and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by this Website.

8.1. Essential purpose of this agreement

You agree that the essential purposes of this Agreement may be fulfilled even with these limitations on liabilities. You acknowledge that CAPITAIRE would not be able to offer the Services on an economical basis without these limitations.

8.2. Our Employees

You agree that, having regard to our interest in limiting the personal liability and exposure to litigation of employees, you will not bring any claim in respect of any damage against any of our employees personally.

9. Indemnification

You agree to indemnify and hold harmless CAPITAIRE and its Affiliates, Parents, Subsidiaries, other Partners and their respective current and former successors, assigns, officers, directors, representatives, employees, and agents from and against any and all claims, suits, settlements, losses, liabilities, penalties, damages (including incidental and consequential damages), costs, and expenses resulting from or arising out of your breach or violation of this Agreement or arising out of your use of CAPITAIRE website including your use of the website which provides a link to another website or arising out of any uploading of any content or data by You.

10. Arbitration of Disputes

Any controversy or claim arising out of or relating to this contract, or the breach of this contract, shall be settled by sole arbitrator appointed by CAPITAIRE in accordance with the Arbitration and Conciliation Act, 1996. The terms of the agreement are exclusively based and subject to Indian Laws. You hereby consent to the exclusive jurisdiction and venue of courts in Cochin, Kerala, India in all disputes arising out of or relating to the use of this website.

11. Consent to Electronic Communication

11.1. Consent

This consent to electronic communications your consent to electronic delivery of any Communications relating to your use of the Services or your relationship with us.

11.2. Scope of consent

You agree that any Communication we provide you may be in electronic form, and that all Communications in electronic format from us to you will be considered “in writing.” Your consent to receive Communications electronically applies to all Communications relating to your use of the Products and Services or your relationship with us. You also agree that CAPITAIRE does not need to provide you with an additional paper (non-electronic) copy of the Communications unless specifically requested as described below. You should print or download for your records a copy of this Agreement and any other Communication that is important to you. This consent does not require us to deliver Communications electronically, and we may provide paper copies of Communications at our discretion.

11.3. Method of delivery

We may provide electronic Communications to you in at least one of the following methods:

(i) via e-mail at the e-mail address You designated to us; or

(ii) via SMS at the mobile number You designated to us; or

(iii) via messaging platforms as opted by You provided CAPITAIRE has the access and approval to use such platforms in India

(iv) by access to a designated area of our website; or

(v) during your use of the Products and Services including, without limitation, via a screen or page within the Products and Services or via a link from within the Products and Services to a web page containing the Communications.

11.4. Hardware and software requirements

(A) To access Communications, you must have the following:

(i) a Current Version (defined below) of Internet Explorer, Chrome, Safari, or Firefox;

(ii) an internet connection;

(iii) an email account and related software for accessing the email account;

(iv) a Current Version of a program that accurately reads and displays PDF, Ms-Word, Ms-Excell files; and

(v) a device with an operating system capable of supporting all the above. You will need a printer if you wish to print and retain paper records or electronic storage if you wish to retain records in electronic form.

(B) “Current Version” means a version of the software that is currently being supported by its publisher.

11.5. Withdrawing consent and updating information

(A) Withdraw consent or update information

If you want to withdraw your consent to receive Communications electronically or your e-mail address changes, you must notify CAPITAIRE in writing at the following address: CAPITAIRE Consultants LLP, First Floor, Building No: 55-3355B, Raveendran Road, Kadavanthra, Ernakulam, Kerala, India - 682020. Please provide e-mail address to request the change. If you fail to notify CAPITAIRE of a change in e-mail address, any communications sent via e-mail will be deemed to have been provided or made available to you in electronic form.

12. Other

12.1. Entire agreement

This Agreement is the entire and exclusive agreement between the parties with respect to the subject matter hereof and it supersedes all previous communications, representations, or agreements, either oral or written, between them. A representation or statement of any kind made by any representative of CAPITAIRE and not included in this Agreement, is not binding on CAPITAIRE.

12.2. Amendments

We have the sole discretion to change the terms of this Agreement or make changes related to any aspect of the Services. If this occurs, we will provide notice to you via any means we consider reasonable including, without limitation, email, posting on our website.

12.3. Waiver

No waiver of any provision or condition herein is valid unless in writing and signed by you and an authorized representative of us. Our failure to insist on or enforce strict performance of any provision of this Agreement or any right is not to be construed as a waiver of any provision or right.

12.4. Severability

Except as provided in Section 11, any provision of this Agreement determined to be illegal or unenforceable is automatically reformed and construed to be valid, operative, and enforceable to the maximum extent permitted by law while preserving its original intent. The invalidity of any part of this Agreement will not render invalid the remainder of this Agreement.

12.5. Notices

Except as otherwise indicated, any notices under this Agreement to us must be personally delivered or sent by certified or registered mail, return receipt requested, or by post, to CAPITAIRE Consulting Private Limited, First Floor, Building No: 55-3355B, Raveendran Road, Kadavanthra, Ernakulam, Kerala, India - 682020 or sending an e-mail at info@CAPITAIRE.com to such other address as CAPITAIRE specifies in writing. Notices will be effective upon receipt that may be shown by confirmation of delivery.

12.6. CAPITAIRE and CAPITAIRE Affiliates

All references in this Agreement to CAPITAIRE and CAPITAIRE Affiliates, where the context permits, includes CAPITAIRE’s and CAPITAIRE Affiliates’ respective directors, officers, employees, contractors and agents.