TERMS AND CONDITIONS
The Terms and Conditions set our herein (the “Terms”) constitutes a legal agreement between the User (hereinafter referred to as “User” or “You”) and Purple Petal Invest Private Limited (hereinafter referred to as the “Company” or “PPIPL” or “Us” or “We” or “Our”, which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its Affiliates, successors and permitted assigns), a Company registered under the Companies Act, 2013, bearing CIN U72900MH2021PTC364347 and having its registered office at Shop No. 14-15-16-17, Achraj Tower No.-2, Chhaoni Nagpur, Nagpur- 440013, Maharashtra, India.
The Company owns and operates Leaf Round (hereinafter referred to as the “Platform”), and is engaged in the business of providing technology solutions for financial products and investment opportunities (the "Business").
By accessing, downloading and using our Platform, the User agrees to be bound by these Terms and explicitly consents to being bound by our Privacy Policy (as defined hereinafter), and such other agreements that may be adopter or that has been entered into between the Company and the User for such Transaction.
- GENERAL
In this agreement, unless the context clearly indicates a contrary intention, and in addition to the terms defined in the body of the Agreement, the following words or expressions shall have the meaning assigned herein:
“Applicable Law” means any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law and shall include any of the foregoing, injunction, permit or decision of any central, state or local, municipal government, authority, agency, court having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter, in any jurisdiction;
“Personal Information” means any information relating to a natural person which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person;
“Platform” means and includes the website and/or the software and mobile application of Leaf Round accessed through or downloaded from the Android or iOS app store on a compatible device;
“Privacy Policy” means the privacy policy of the Platform which inter alia governs the use of uer information, collection and the storage of Personal Information and sensitive personal information;
“Services” means any and all services provided by Leaf Round on its Platform including buying, selling, facilitation of leases, collections, payments, payouts and any ancillary services;
“Terms” means the terms and conditions set out herein;
“Transaction” means availing of any Services on or through the Platform.
- ACCESS TO AND CONTINUED USE OF SERVICES
- By registering for and/or using the Platform in manner whatsoever, the User agrees to all the Terms contained herein, the Privacy Policy and all other operating rules, policies and procedures that may be published by the Platform from time to time, each of which may be updated from time to time without notice to the User. Furthermore, the Services offered through the Platform may be subject to additional terms and conditions, basis any other agreement entered into between the User and the Platform, or as may be specified by the Platform from time to time. The User’s continued use of the Platform’s Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
- These Terms apply to all Users of the Platform. In the case that the User does not agree to any of these Terms, or does not comply with the provisions herein, the User is advised to cease using the Platform or its Services.
- REGISTRATION AND TERMS OF USE
- The User is required to register their profile on the Platform for which purpose the User shall be required to furnish details including their name phone number and email address. The User hereby represents, warrants and covenants that such information provided by the User shall be accurate, truthful, and complete and that the User shall keep their registration information accurate and up-to-date. The User shall not provide any false Personal Information or create any account for anyone other than him/herself without such person's permission.
- Registration of User profile is a one-time process and in the case the User has been previously registered, the User shall login / sign into the profile using the same credentials as provided during the registration process.
- The User represents and warrants that the User is an Indian resident and in the case that the User is an individual, the User is of legal age to form a binding contract, or that if the User is registering on behalf of an entity, that the User is authorized to enter into and bind the entity to these Terms by registering on the Platform.
- The User further undertakes to promptly update its details on the Platform in the event of any change or modification of such details.
- The Company expressly excludes any liability for any unauthorized access to a User’s profile.
- The User hereby agrees to be liable and accountable for any and all activities that take place through its profile on the Platform or through the use of the Services.
- The User may be required to upload certain information and documents to ascertain their identity and eligibility to use the features of the Platform or to avail the Services. Such identification documents (the “KYC Documents”) shall be valid, true, complete, and up to date. The User represents and warrants that all information provided by the User valid, complete, true, and correct on the date of acceptance of the Terms and the User shall update the documents if there is any change, such that the documents continue to be valid, complete, true, and correct throughout the duration of the User’s use of the Platform.
- The User hereby acknowledges that in an event of providing an incorrect or misleading information, the act shall constitute a material breach of these Terms, and the User’s access the Platform or Services may be restricted in such event.
- DISCLAIMERS AND WARRANTIES
- The User shall be solely responsible for ensuring compliance with Applicable Laws and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
- The User shall use the Platform and Services at its sole risk. User hereby accepts full responsibility for any consequences that may arise from user use of the Services, and expressly agree and acknowledge that the Company shall have absolutely no liability with respect to the same.
- To the extent permissible under Applicable Law, the Company expressly disclaims all warranties arising out of the Services, including warranties of quality, accuracy, title, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
- Notwithstanding anything to the contrary contained herein, neither the Company nor any of its affiliates shall have any liability to the User or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, user agree to waive, release, discharge, and hold harmless the Company, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
- The Company shall not be liable or responsible for:
- Instances where transaction is unable to be completed or does not materialize;
- Any failure to perform, or delay in performance of, any of the Company’s obligations under these Terms which is beyond the Company’s reasonable control, including force majeure events;
- Any failure to perform, or delay in performance of, any of the Company’s obligations under these Terms; and
- Any loss or damage caused by a viruses attack, or other material that may infect User device, data or other proprietary material due to User use of the Platform.
- Without prejudice to the foregoing, none of the affiliates, directors, employees, agents, or representatives of Company shall be personally liable for any action in connection with the Platform or Services.
- INDEMNITY
User shall indemnify, defend at the Company’s option, and hold harmless, the Company, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, from and against any claim, action, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of User’s use or misuse of, or access to, the Platform, or otherwise, violation of these Terms of Use or any infringement by the User or any third party who may use user account with the Company, of these Terms or the rights of any other person. Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Company in asserting any available defences.
- INTELLECTUAL PROPERTY
- All intellectual property rights arising from the Platform and its Services are solely owned by the Company.
- Subject to these Terms, the Platform permits the User a non-exclusive, non-transferable, revocable, and limited licence to use the Platform and Services in accordance with these Terms and any other written instructions issued by the Platform from time to time.
- The contents of this Platform are copyright-protected, and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of the Company.
- Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Company’s or any third party’s intellectual rights.
- The User undertakes that they shall not:
- copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the Platform or any of its components;
- delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
- make false or malicious statements against the Platform, allied services or Company;
- use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform or any operating system;
- engage in any form of antisocial, disrupting, or destructive acts, including ‘flaming’, ‘Spamming’, ‘flooding’, ‘trolling’, ‘phishing’ and ‘griefing’ as those terms are commonly understood and used on the internet;
- use the Platform or any allied services in a way that could damage, disable, overburden, impair or compromise the Platform, our systems or security or interfere with other Users;
- carry out reverse engineering in respect of the hardware or software underlying the Platform or any part thereof; and
- comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the Platform or allied services, which may include but is not limited to not using the Platform in a country where the use of the Platform or any allied service is unlawful.
- All content provided by Company is made available as is and without any representations or warranties whatsoever, and Company hereby disclaims any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement.
- The Services may include services, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third-Party Services is solely at their own risk.
- The Company makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
- The Company enables payments via payment service providers partners and the User should take care not to share his personal UPI pin or OTP with any third party intentionally or unintentionally. The Company never solicits information such as UPI pin or OTP over a call or otherwise.
- The Company shall not be liable for any fraud due to the sharing of such details by the User. The providers providing Third Party Services / PSP partners shall not be liable for any fraud due to sharing of such details by the User.
- All Third-Party Content on the Platform, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Company cannot guarantee the authenticity of any Third-Party Content or data which Users may provide about themselves. The User acknowledges that all Third-Party Content accessed using the Platform is at User’s own risk and User will be solely responsible and liable for any damage or loss to the User or any other party resulting therefrom and Company shall have no liability towards You or any other party for any damage or loss resulting from such Third-Party Content.
- For purposes of these Terms of Use, the term "Third-Party Content" includes, without limitation, any location information, "floats", logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company on or through the Platform.
- TERM AND TERMINATION
- These Terms of Use shall remain in effect unless terminated in accordance with the terms hereunder:
- The Company may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms or the Agreements.
- If User wishes to terminate Index, User may do so by following the instructions on the Platform.
- Notwithstanding anything to the contrary contained in the Terms, upon termination of a User’s access to or use of the Services, all amounts or outstanding payment due by user in relation to User’s use of or access to the Services, if any, shall become immediately payable.
- COOKIES
The Platform employs the use of cookies, and by accessing the Platform, the User agrees to the use of cookies along with the Platform's Privacy Policy.
- FEES/CHARGES
The Company reserves the right to charge a fee for the Services and non-payment may result in denial of Services.
- MODIFICATION
The Company reserves the right at its sole discretion at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) and Terms of Use or allied services (including without limitation, the availability of any feature, database, or content) with or without cause. The Company shall not be liable for any such addition, modification, suspension or discontinuation of the Services.
- SEVERABILITY
If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
- NOTICES
All notices for the Company under these Terms shall be sent to legal@leafround.com
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
- ASSIGNMENT
These Terms are personal to the User, and are not assignable, transferable or sublicensable by the User except with Company prior written consent. The Company may assign, transfer or delegate any of its rights and obligations hereunder without User consent.
It is hereby clarified that no agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
- GOVERNING LAW
Terms shall be governed by and construed in accordance with the laws of India. All claims, differences or disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Bengaluru, India.
- GREIVANCE REDRESSAL MECHANISM
Any discrepancies or grievances regarding the Platform and its Services, or a breach of the Terms shall be taken up with the designated Grievance Officer, and the Grievance Redressal Process shall be in accordance with Applicable Law. Except where required by Applicable Law, the Platform cannot ensure a response to questions or comments regarding topics unrelated to the terms of this Terms of Use or the Platform’s Privacy Policy.
- REFERENCE
Any questions or queries regarding the Services may be forwarded to legal@leafround.com
For the purpose of taking the question or query, the User shall be required to provide information including name, email address, and contact number for the purpose of sufficient identification and authentication. The information so provided shall be subject to the terms of the Privacy Policy.
- CHANGES
These Terms may be amended by the Platform from time to time. The Platform may also assign or transfer this agreement, and the associated rights and obligations accrued by the User under this agreement, and the User hereby agree to cooperate with the Platform for any such transfer or assignment. The User is advised to periodically review the Terms, for any such revisions or amendments. The continued use of the Platform and Services by the User shall be deemed to constitute the acceptance of any such revisions or amendments to these Terms.