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Terms of Use

TERMS OF USE

This Terms of Use agreement was last updated: 1 April 2024

These terms and conditions of use (“Terms of Use“) of the Website and Services (as defined below) between Adian Services LLP  (“Adian”) and the users/registrants of the Website (“You” or “Your” or “Yourself” or “User“)  describe the terms on which Adian offers You access to the Website and the Services  (as defined below) through the Website.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING  ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES  THROUGH THE WEBSITE OR BROWSING THROUGH THE WEBSITE. YOUR USE OF  THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY  YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE  LEGALLY BOUND BY THE SAME.

1. GENERAL

1.1. www.lexibox.in  and / or www.app.lexibox.in (“Website“) is an Internet based portal owned and operated by  Adian. Use of the Website is offered to You conditioned on acceptance of all  the terms, conditions and notices contained in these Terms of Use, along with  Additional Terms (as defined below) and any amendments made thereto by Adian at its sole discretion and posted on the Website, including by way of imposing  an additional charge for access to or use of the Services.

1.2. Adian shall not be required to notify You, whether as a registered User or  not, of any changes made to the Terms of Use and/or Additional Terms which may be  done at the sole discretion of Adian. The revised Terms of Use and/or  Additional Terms shall be made available on the Website. Your use of the Website and  the Services is subject to the most current version of the Terms of Use and/or Additional  Terms made available on the Website at the time of such use. You are requested to  regularly visit the Website to view the most current Terms of Use and/or Additional  Terms. You can determine when Adian last modified the Terms of Use and/or  Additional Terms by referring to the “Last Updated” section of the document. It shall  be Your responsibility to check these Terms of Use and/or Additional Terms  periodically for changes. Your continued use of the Website, following changes to  the Terms of Use and/or Additional Terms, will constitute Your acceptance of those  changes.

1.3. By (i) using the Website or any facility or Service provided by the Website in any way;  or (ii) merely browsing the Website, You agree that You have read, understood and  agreed to be bound by these Terms of Use and/or Additional Terms available on the  Website. If You do not agree to the foregoing, You are prohibited from accessing or  using the Website. If You do not agree to any of the provisions set forth in the Terms  of Use and/or the Additional Terms, kindly discontinue viewing, accessing, browsing  or participating in this Website immediately.

2. SERVICES

2.1. The Website is a platform that provides Users with inter alia information on the various Regulations, Orders, Informal Guidance, Circulars and notifications issued by various regulators [SEBI, RBI, BSEASL, APMI, IFSCA]. The information collated on the Website is sourced from the publicly available information provided by the Regulatory Bodies on their respective websites, viz. SEBI [https://sebi.gov.in], RBI [https://rbi.org.in], APMI [http://apmiindia.org], BSEASL [http://bseasl.com], IFSCA [http://ifsca.gov.in] and other similar websites. You can access the information provided without any registration requirements.

2.2. Users  who become Clients by paying an annual fee are provided access to regulatory compliance management calendar and allied compliance management functionalities. (“Services“)

2.3. In addition to the Terms of Use and/or Additional Terms, the Website is governed by  the rules, policies and guidelines as applicable to it and mentioned on the Website.

3. ELIGIBILITY OF USE

3.1 On using the Website and/or its Services, You represent that You are of legal age to form a binding contract and are not a person barred under the applicable law of the  relevant jurisdiction and/or by Adian. Persons who are “incompetent to  contract” within the meaning of the applicable law of the relevant jurisdiction including  minors, un-discharged insolvents, of unsound mind are not eligible to use the Website.  Notwithstanding the foregoing, if You are a minor under the applicable law of the  relevant jurisdiction, You may browse the Website or avail the Services through Your  legal guardian in accordance with the applicable laws.

3.2 You would solely be liable for any action or inaction on Your Account whether by You  or by any other third party.

4. USER ACCOUNT, ACCESS, LICENSE AND SECURITY

4.1 When accessing the website as a registered Client, You would be required to login onto the  Website with a valid Email ID recognized by Adian (“Account“). The  Website and Services are also be subject to procedures for use such as, Privacy Policy,  Disclaimer and uploaded guidelines, rules, additional terms and conditions, or other  notices, if any (“Additional Terms“). If there is any conflict between the Terms of Use  and the Additional Terms, the Additional Terms shall take precedence in relation to that  Service(s).

4.2 You will be responsible for maintaining the confidentiality of the Account and/or any  Personal Information (as defined below) divulged by You as a registered Client  and/or any other manner while using or browsing the Website and/or its Services, and  are fully responsible for Your activities that occur under Your Account or otherwise on  the Website. You agree to (a) immediately notify Adian of any unauthorized  use of Your Account or Your Personal Information or any other breach of security, and  (b) ensure that You exit from Your Account at the end of each session. Adian cannot and will not be liable for any loss or damage arising from Your failure to comply  with this Clause. You may be held liable for losses incurred by Adian or any  other User due to authorized or unauthorized use of Your Account or Your Personal Information as a result of Your failure in keeping Your Account or Your Personal Information secure and confidential.

4.3 You acknowledge that there is no requirement of uploading any document on the website for its normal functioning and upload of any document, if any, is done by You accepting the inherent risks of uploading of such documents.

5. USE OF WEBSITE AND USER OBLIGATIONS

5.1 Subject to compliance with the Terms of Use and/or Additional Terms, Adian grants You a non-exclusive, limited license to access and use this Website and the  Services provided therein. This license does not include amongst others any downloading or copying of Account or Your Personal Information for the benefit of another User or any third party. You may not bypass any measures used by Adian to prevent or restrict access to the Website. Any unauthorized use by You shall terminate the permission or license granted to You by the Website.

5.2 You agree to use the Services, Website and the materials provided therein only for  purposes that are permitted by: (a) the Terms of Use and/or Additional Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the  relevant jurisdictions.

5.3 You acknowledge and agree that by accessing or using the Website or Services, You  may be exposed to content from other Users or third party that You may consider  offensive, indecent or otherwise objectionable. Adian cannot control the  information provided by Users or third party which is made available on the Website.  Adian disclaims all liabilities arising in relation to such offensive content on  the Website.

5.4 The Website may allow You to post and upload any material on the Website. Such posting or uploading is entirely optional and there is no compulsion to post or upload any material. In case any breach of the Website resulting in any loss of such material, Adian disclaims any and all responsibility for such breach or loss of material. Adian does not provide any warranty or guaranty that such material will be free from such breaches. If you choose to post or upload any material on the Website, You acknowledge that You do so at your sole risk and responsibility. In addition, if You so choose to post or update any material on the Website, You further  undertake to ensure that such material is not offensive and is in accordance with  applicable laws. Further, You undertake not to:

  • Defame, abuse, harass, threaten or otherwise violate the legal rights of others; • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with person or entity;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, libellous, slanderous, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
  • Upload files or content that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents or involve the sale of counterfeit or stolen items;
  • Upload or distribute files that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any computer resource; or contains any Trojan horses, worms, time bombs,  cancelbots, easter eggs or other computer programming routines that may damage,  detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate  Website or any system, data or personal information;
  • Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website); • Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Adian server, or to any  of the Services offered on or through the Website, by hacking, password mining or any  other illegitimate means;
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace  any information on any other user, of or visitor to the Website, or any other customer  of Adian, including any Adian Account not owned by You, to its  source, or exploit the Website or Service or information made available or offered by  or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than  Your own information, as provided for by the Website;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
  • Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.
  • Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that belongs to another person and to which You do not have any right;
  • Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s  privacy, hateful, or racially, ethnically objectionable, disparaging, relating or  encouraging money laundering or gambling, or otherwise unlawful in any manner  whatever; or unlawfully threatening or unlawfully harassing;
  • Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that harm minors in any way;
  • Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that threatens the unity, integrity, defense, security or sovereignty of the relevant country, friendly relations with foreign states, or public  order or causes incitement to the commission of any cognizable offence or prevents  investigation of any offence or is insulting any other nation;
  • Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly  offensive or menacing in nature;
  • Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use and/or Additional Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of  Adian or other third parties;
  • Conduct or forward pyramid schemes, junk mails, chain letters, or unsolicited mass mailing or spamming;
  • Download any file posted by another User of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • Violate any applicable laws or regulations for the time being in force within or outside the relevant jurisdiction;
  • Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website; and
  • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce,  publish, license, create derivative works from, transfer, or sell any information or  software obtained from the Website.

5.5 Adian shall have the right to use Your Personal Information as provided by  You and such usage of Your Personal Information by Adian does not amount  to violation of any rights You might have in Your Personal Information. You agree to  grant Adian a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,  sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and  database rights (but no other rights) that You may have in Your Personal Information,  in any media now known or not currently known, with respect to Your Information.  Adian will only use Your Personal Information in accordance with the Terms  of Use and/or Additional Terms.

6. Proprietary Rights

6.1 This website and all information and materials on this website are protected by copyright and trademark laws and other intellectual property laws, and any unauthorized use of any information and materials on this website may violate laws. These terms and conditions are not intended to, and do not, transfer or grant any rights in or to this website or the information and materials on this website other than those which are specifically described in these terms and conditions, and all rights not expressly granted in these terms and conditions are not granted to you and are exclusively reserved with Adian. If you do not agree with the terms of this Policy or any changes made to this Policy, please stop using all products and services provided by Adian immediately and write to us at [email protected].

6.2 Any commercial or promotional distribution, publishing or exploitation of the Website and/or Services, or any content, code, data or  materials on the Website and/or Services , is strictly  prohibited unless You have received the express prior written permission from  Adian or otherwise applicable rights holder. Other  than as expressly allowed herein, You shall not download, post, display, publish, copy,  reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative  works from, sell or otherwise exploit any content, code, data or materials on or  available through the Website and/or Services.  You further agree that You shall not alter, edit, delete, remove, otherwise change the  meaning or appearance of, or repurpose, any of the content, code, data, or other  materials on or available through the Website and/or Services, including, without limitation, the alteration or removal of any  trademarks, trade names, logos, service marks, or any other proprietary content or  proprietary rights notices. You acknowledge that You do not acquire any ownership  rights by downloading any copyrighted material from or through the Website and/or  Services. If You make other use of the Website and/or Services, or the content, code, data or  materials thereon or available through the Website and/or Services, except as otherwise provided above and/or provided in the Additional terms, You may violate copyright and other laws of the relevant jurisdiction,  other countries, as well as applicable state laws and may be subject to liability for such  unauthorized use.

6.3 Any rights not expressly granted herein, are reserved to Adian. You agree to  abide by all information, or restrictions contained in any part of the Website. You must  not alter, delete, or conceal any copyright, trademark, patent, or other notices contained  on the Website.

7. Security

Our hosting services and servers maintain its systems in accordance with industry standards and best practices to reasonably secure the information of its customers, such as using SSL encryption in certain places to prevent eavesdropping, and employing up-to-date software on the server. However, no data transmission over the Internet can be guaranteed to be 100% secure. “Perfect security” does not exist on the Internet, and therefore You use the website and mobile application at your own risk. Your data is transmitted between your device and our servers using HTTPS protocol for encryption. HTTPS is the technology used to create secure connections for your web browser, and is indicated by a padlock icon in your browser. We follows industry best practices, using open and known principles when transferring and storing your data. We believe the biggest threat to the security and privacy of your data is if someone gains access to any of your devices. Remember to keep your password safe and secret to prevent unauthorised access to your account. If you think that the security of your account has been compromised, change your password and contact us immediately for further assistance.

8. WARRANTY AND LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ADIAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADIAN MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ADIAN, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

8.1 This Website is designed, developed and hosted by Adian. Though all efforts have been made to ensure the accuracy of the content on this Website, the same should not be construed as a statement of law or used for any legal purposes. Adian accepts no responsibility in relation to the accuracy, completeness, usefulness or otherwise, of the contents. Users are advised to verify/check any information with the relevant print versions and/or other source(s), and to obtain any appropriate professional advice before acting on the information provided in the Website. In no event will Adian be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of this Website.

8.2 The Website, Services and other materials are provided by Adian on an “as  is” basis without warranty of any kind, express, implied, statutory or otherwise,  including the implied warranties of title, non-infringement, merchantability or fitness  for a particular purpose. Without limiting the foregoing, Adian makes no  warranty that (i) the Website or the Services will meet Your requirements or Your use  of the Website or the Services will be uninterrupted, timely, secure or error-free; (ii)  the results that may be obtained from the use of the Website, Services or materials will  be effective, accurate or reliable; (iii) the quality of the Website, Services or other  materials will meet your expectations; or that (iv) any errors or defects in the Website,  Services or other materials will be corrected. No advice or information, whether oral or  written, obtained by You from Adian or through or from use of the Services  shall create any warranty not expressly stated in the Terms of Use and/or Additional  Terms.

8.3 To the maximum extent permitted by applicable law, Adian will have no  liability related to User content arising under intellectual property rights, libel,  defamation, slander, privacy, publicity, obscenity or other laws. Adian also  disclaims all liability with respect to the misuse, loss, modification or unavailability of  any User content. Any opinion or expression of any User and/or third party made  available through the Website or otherwise is that of the respective User and/or third  party and Adian is not responsible for the same.  

8.4. Adian has endeavoured to ensure that all the information on the Website is  correct, but Adian neither warrants nor makes any representations regarding  the quality, accuracy, correctness or completeness of any data, information, product or  service. Further, Adian shall not be held responsible for non-availability of  the Website during periodic maintenance operations or any unplanned suspension of  access to the Website that may occur due to technical reasons or for any reason beyond  Adian’s control. The User understands and agrees that any material or data  downloaded or otherwise obtained through the Website is done entirely at their own  discretion and risk and they will be solely responsible for any damage to their computer  systems or loss of data that results from the download of such material or data. Adian accepts no liability for any errors or omissions, with respect to any information  provided to You whether on behalf of itself or third parties.

8.5. Adian does not provide any guarantee with respect to the ratings, reviews or  any other information provided on the Website including the views expressed by Users and third parties, under any section of the Website and assumes no responsibility for  the views, advice and/ or opinions expressed therein.

8.6. Adian does not provide any guarantee with respect to any Third Party Content  and Adian shall not be held liable for any loss suffered by You based on Your  reliance on or use of such information. The advertisement available on e-mail or  Website with respect to the third party website and/ or products and/or services are for  information purpose only.

8.7. Adian does not and will not take responsibility for the accuracy or the reliability for any  information or facts provided therein or that is made available through the Service, by  anyone other than authorised Adian’s employees who are acting on their  official capacities. Any opinions, advice, statements, services, offers or other  information or content expressed or made available by third parties, are those of the  respective author(s) or publisher(s) and not of Adian. Adian will  not be liable for any loss or damage caused by your reliance on information obtained  through the Service.

9. LIMITATION OF LIABILITY

YOU AGREE THAT ADIAN SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ADIAN’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY THOUSAND RUPEES (₹ 50,000) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER.

9.1 In no event shall Adian, its partners, officers, employees,   subsidiaries, affiliates, agents, or licensers be liable to You for any incidental, indirect,  consequential, special, punitive, or exemplary damages of any kind, including lost  revenues or profits, loss of business, or loss of data, in any way related to the Website  content or for any claim, loss or injury based on errors, omissions, interruptions or other  inaccuracies on or through the Website, including without limitation as a result of  breach of any term of this Terms of Use and/or Additional Terms.

9.2 The limitations and exclusions in this section apply to the maximum extent permitted  by applicable law.

10. VIOLATION OF THE TERMS OF USE

10.1. Without limiting other remedies, Adian may limit Your activity,  immediately remove Your Personal Information, warn other Users of Your actions,  temporarily/indefinitely suspend or terminate or block Your registration, and/or refuse  to provide You with access to the Website and/or Services in the event, but not limited  to:

a) If You breach the Terms of Use and/or Additional Terms;

or

b) If it is believed that Your actions may cause legal liability for other Users or Adian

10.2. Adian may at any time at its sole discretion reinstate suspended Users. A  User that has been suspended or blocked may not register or attempt to register with  Adian or use the Website in any manner whatsoever until such time that such  User is reinstated by Adian. Notwithstanding the foregoing, if You breach  the Terms of Use and/or Additional Terms, Adian reserves the right to  recover any amounts due and owing by You to Adian and to take strict legal  action including but not limited to a referral to the appropriate police or other  authorities for initiating criminal or other proceedings against You or obtaining any  injunctive or equitable relief that Adian deems necessary or appropriate in  such circumstances. These remedies are in addition to any other remedies Adian may have against You in law or in equity.

11. GOVERNING LAW AND DISPUTE RESOLUTION

If any dispute arises between You and Adian during Your use of the Website or Services, in connection with the validity, interpretation, implementation or alleged  breach of any provision of the Terms of Use and/or Additional Terms, the dispute shall  be referred to a sole Arbitrator who shall be an independent and neutral third party  arbitration institution identified by Adian. The seat and venue of arbitration  shall be Mumbai, Maharashtra. The arbitration proceedings shall be in the English  Language.