These terms and conditions (Terms) govern the use of Silkroutech's Silkroute Platform (Silkroute Platform) accessible as a website www.silkroutech.com, and as a mobile application silkroutech. The Terms constitute a binding and enforceable contract between the Company (defined below) and you (defined below). These Terms may be updated by the Company from time to time and the Terms, as amended, shall apply to you. You may always review the most current version of the Terms on the Silkroute Platform. Please refrain from using the Silkroute Platform if you do not agree to these Terms.
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GENERAL TERMS
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The Silkroute Platform is created by Silkroutech Solutions Private Limited, a company incorporated under the laws of India, having its registered office at 51, GF, Indiqube Penta Richmond Town Bengaluru – 560025, Karnataka - India (Company).
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Within these Terms, 'Privacy Policy' shall mean the privacy policy of the Silkroute Platformavailable https://www.silkroutech.com/privacy-policy, which shall be read as a part of these Terms.
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Within these Terms, 'User' or 'you' shall mean any person or entity accessing or using the Silkroute Platform. User shall also include a Exporter/Importer/Trader's (defined below) authorised personnel.
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By clicking 'I/We Accept' during the sign-up process, you agree and acknowledge that by accessing the Silkroute Platform, you
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are at least 18 years of age;
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have read, understood, and are bound by the Terms, and if you represent a person or entity you confirm and represent that you have the necessary power and authority to bind such person and/or entity to these Terms and the Privacy Policy;
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represent that you are compliant with all applicable laws.
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While (i) the Terms are subject to revision at any time, as determined by the Company, and all changes are effective immediately upon being posted on the Silkroute Platform, and (ii) it is your responsibility to review these Terms periodically for any updates or changes; the Company shall make commercially reasonable efforts to periodically inform you of the Terms, Privacy Policy and other relevant terms that you are bound by, and update you of any change in such terms (if any).
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You agree to not use the Silkroute Platform for any purpose that is prohibited by these Terms or applicable law. Expect as otherwise permitted by these Terms, you are not allowed to copy, modify, distribute, reproduce, publish, license, transfer, or otherwise use in any manner, in whole or in part, the Silkroute Platform or the information and materials on the Silkroute Platform.
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SCOPE OF THE Silkroute Platform
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The Silkroute Platform provides you with an online services on FX rates, derived tools like order book, hedge book, scrip book, deal repository. In addition to the Services offered, the Silkroute Platform also integrates with other service providers on the Platform, which is created and derived from a variety of collabrations.
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COLLECTED INFORMATION
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The Company collects specific types of information about you via the Silkroute Platform and various other means (Collected Information). Such Collected Information is only collected and used in accordance with the Privacy Policy. You expressly consent to the Company's use of your Collected Information.
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You represent and warrant that to the extent applicable, the Collected Information directly collected from you, is true, complete, accurate in all respects. You should immediately contact the Company at the details provided below if any of the Collected Information, relevant to you, undergoes any change.
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DISCLAIMERS
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The Company makes no representation or warranty about the validity, accuracy, correctness, or reliability of any information provided on or through the Silkroute Platform from Legal perspective, the information is gathered from Market data on Rates etc. The Company hereby disclaims all implied representations, warranties, or guarantees as to the accuracy, validity, reliability or completeness of any such information and material on the Silkroute Platform. The information and the available on the Silkroute Platform are provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions i.e., without consulting primary, more accurate, more complete, or updated sources of information. Any reliance on the information available on the Silkroute Platform is at the User’s own risk.
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You understand that the Company is merely an online directory of market sources. You agree and acknowledge that the Company is not responsible for any transactions or commercial arrangements you enter into on the Silkroute Platform and that such transactions or commercial arrangements are solely between you and the relevant counterparty.
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The Silkroute Platform and Services are provided to you on "as is" and "as available" basis without warranty of any kind either express or implied. The Company does not warrant that the Services provided by the Silkroute Platform will be uninterrupted or error-free or that the Silkroute Platform or its hosting server are free from viruses or other harmful components. Further, you acknowledge that on occasion the Silkroute Platform may be temporarily down due to periodic maintenance, technical issues, or for any security reasons beyond the Company's control. In such instances of downtime, the Company shall not be held liable for any losses which you may incur. However, the Company shall make best efforts to rectify the issue causing the downtime and make the Silkroute Platform available at the earliest.
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ACCOUNT REGISTRATION
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If you wish to avail the Services, you are required to register/create your own account on the Silkroute Platform. For the successful registration of your account, you are required to provide the Company with certain information. Such information will be used and processed in accordance with these Terms, the Privacy Policy. You agree to provide correct and valid information details as required in order to complete the registration process. For registration, you will need an business email address.
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You will be required to take all the necessary measures for maintaining the privacy of your account’s email address used for registration. You will also be responsible for any and all activities that occur through your account. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party or impersonating any other person for the purpose of creating an account on the Platform.
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Use of another User’s account information to avail the Services is expressly prohibited.
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PROPRIETARY RIGHTS
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The Silkroute Platform contains copyrighted material, trademarks, and other proprietary information that belongs to the Company or its licensors, and you agree not to use or otherwise reproduce separately, the Company's proprietary rights and the textual content associated with them without obtaining the Company's prior written consent. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content on the Silkroute Platform, including copyright, trademark, and other intellectual property notices.
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You agree that you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Silkroute Platform other than as specifically authorised by the Company is strictly prohibited.
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USER CONTENT
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You may be permitted to post, upload, transmit through, or otherwise make available through the Silkroute Platform and/or Services, messages, text, data, files, images, graphics, photos, comments, feedbacks, information, content, and/or other materials (collectively User Content). Subject to the rights and license you grant the Company herein, you retain all right, title and interest in your User Content. It is the Users sole responsibility to monitor and protect any intellectual property rights that they may have in their User Content, and we do not accept any responsibility for the same.
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You hereby represent and warrant that you shall not submit or upload any User Content to the Silkroute Platform that violates or infringes any third parties intellectual property rights (which includes patent, trademark, copyright or any other proprietary right). You are solely liable for any damage resulting from such violation/infringement of third-party rights or from any other harm resulting from User Content that you submit or upload on the Silkroute Platform.
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You confirm and undertake that you will not host, display, upload, modify, publish, transmit, update or share any User Content that:
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belongs to any other person over which you don’t have any right;
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is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
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encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law;
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is harmful or inappropriate for minors in any manner whatsoever;
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deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
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impersonates another person;
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violates any state, or central, or international laws;
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infringes any patent, trademark, copyright or other proprietary rights;
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threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
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contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
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is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person
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You further represent and warrant that the User Content submitted by you to the Silkroute Platform is not subject to any confidentiality obligations. By submitting and/or uploading the User Content on the Silkroute Platform, you expressly grant the Company a worldwide, royalty-free, perpetual, irrevocable and freely transferable license to use, copy, distribute, display, make derivative copies, and modify the User Content without any restrictions. You also agree that such license will not revert to you due to any non-utilization of the User Content by the Company. You also agree to grant the Company the right to use the name that has been submitted with the User Content, in connection with such User Content. However, all such uses will be consistent with the terms of the Privacy Policy.
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Notwithstanding the generality of the foregoing, the Company reserves the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of the Company's third party partners such as distribution partners, marketing partners, accounts.
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The Company has the right, but not the obligation, to monitor User Content. The Company has the right, in its sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
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THIRD PARTY WEBSITES OR SERVICES
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The Silkroute Platform may provide or facilitate, or third parties may provide, links or access to other sites, services, and resources (Third Party Services). The Company has no control over such Third Party Services and the Company is not responsible for and does not endorse such Third Party Services. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any Third Party Services. Any dealings you have with third parties while using the Silkroute Platform are between you and the third party, and you agree that the Company shall not be liable for any loss or claim that you may have against any such third party.
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Silkroute Platform ACCESS
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By using the Silkroute Platform, you agree not to undertake certain activities which include but are not limited to:
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infringing any proprietary rights, including but not limited to copyrights, patents, trademarks or trade secrets, of any party;
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except as may be provided hereunder, copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works, renting, or licensing the Silkroute Platform or any portion thereof;
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downloading or copying any kind of information for the benefit of another individual, vendor or any other third party;
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uploading, posting, or transmitting any information through the Silkroute Platform you do not have a right to make available (such as the intellectual property of another party);
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uploading, posting, or transmitting any material that contains software or any virus or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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undertaking any action that imposes or may impose, in the Company's sole discretion, an unreasonable or disproportionately large load on the Company's infrastructure;
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use of data mining, robots, or similar data gathering and extraction tools;
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making any back-up or archival copies of the Silkroute Platform or any part thereof;
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bypassing any measures used by the Company to prevent or restrict access to the Silkroute Platform;
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accessing, monitoring or copying any information on the Silkroute Platform using any robot, spider, scraper, or other automated means of any manual process for any purpose without the Company's express written permission;
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violating the restrictions in any robot exclusion headers on the Silkroute Platform or bypassing or circumventing other measures employed to prevent or limit access to the Silkroute Platform;
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deep-linking to any portion of the Silkroute Platform for any purpose without the Company's express written permission; or
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'framing', 'mirroring', or otherwise incorporating any part of the Silkroute Platform into any other website without the Company's prior written authorisation.
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INDEMNITY AND RELEASE
You agree to release, indemnify, and hold the Company and its affiliates and its officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury arising out of or relating to these Terms or your use of the Silkroute Platform.
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LIMITATION OF LIABILITY
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To the fullest extent permitted by applicable law, you hereby expressly agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, agents, and successors and assigns, against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorney's fees, caused by or arising out of claims based upon any breach by you of these Terms or applicable law.
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In no event shall the Company be liable to compensate you or any third party for any direct, indirect, special, incidental, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not you have been advised of the possibility of such damages, 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 Silkroute Platform.
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TERMINATION
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You agree that the Company may, in its sole discretion, suspend or terminate your use of the Silkroute Platform and your account for any reason, including without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. The Company may also in its sole discretion and at any time discontinue the provision of the Silkroute Platform, or any part thereof, with or without notice. You agree that the Company will not be liable to you or any third party for termination of your access to the Silkroute Platform.
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Upon termination, these Terms shall terminate, except for those clauses that are intended to survive expiry or termination.
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NO WAIVER AND SEVERABILITY
You agree that no action of the Company, other than an express written waiver or amendment, may be interpreted as a waiver or amendment of any of these Terms. In the event any clause of these Terms is found to be unenforceable, then whenever possible, this will not affect any other clause, and each shall remain in full force and effect.
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GOVERNING LAW AND DISPUTE RESOLUTION
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These Terms will be governed by and construed in accordance with the laws applicable in India and any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the applicable court under the jurisdiction of Bengaluru, Karnataka.
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NOTICE
You may communicate with the Company for any grievance that you experience in connection with the Silkroute Platform, at -
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Email: contact@silkroutech.com