Terms and Conditions

Terms of Service

In this Article

Your use of the website available at www.arbourinvestments.com (“Website”) and the Services provided to you through the Website is subject to these terms and conditions (“Terms and Conditions”). The term Arbour (hereinafter referred to as “ARBOUR” or “we” or “us”) includes ARBOUR ALTERNATE ADVISORS PRIVATE LIMITED and their respective affiliates. The term “you” refers to the user or viewer of the Website.

The information contained in this website is for general information purposes only and is subject to change without any notice. Information is prepared and issued in good faith and for guidance only. It does not constitute part of an offer and/or agreement. The recipient or user is responsible to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. All information is distributed with the understanding that the authors, publishers, and distributors are not rendering professional service or advice or opinions on facts or matters and assume no liability whatsoever in connection therewith. You may seek opinion of your own legal or tax advisor or real estate expert.

We endeavour to keep the information up to date and correct however we make no representations, guarantees, or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose.

We specifically disclaim any and all liability for any claims or damages that may result from providing our website or being temporarily unavailable or the information it contains, including any website maintained by third parties and linked to our website. We make no effort to independently verify, and does not exert editorial control over information on pages outside of our domain. The inclusion of links from this website does not imply endorsement by us.

Our Company or its directors or employees are not liable for any loss, damage, errors; directly or indirectly, consequential or incidental, suffered or incurred by any person/s or due to any use and/or inability to use this site or information or its links, hyperlinks.

While effort is made to provide correct information, however and the same is not service or assistance of any nature. Any recipient or user of any information or material from this site may avail of the same entirely at his/her own risk as to costs and consequences, thereof.

Please ensure that you read all the Terms and Conditions carefully before proceeding with use of the Website. You acknowledge that you have read these terms and conditions and that you agree to be bound by them. If you do not agree to all of the terms and conditions of this Agreement, you are not an authorized user of these services and you should not use this Website.

We reserve the right to change, modify, add or remove portions of the Terms and Conditions at any time for any reason. In case any changes are made in the Terms and Conditions, we shall update the same on this page. Users are advised to periodically review this page for the changes. Such Changes shall be effective immediately upon posting. You acknowledge that by accessing our website after we have posted changes of these terms, you are agreeing to these terms as modified.   ARBOUR undertakes no responsibility to notify users of any changes made to the Terms and Conditions. 

Scope of Service offered on the Website

ARBOUR is a digital platform that sets out investment opportunities and facilitates communication between you and the issuer of the security (“Issuer”) as well as persons who may be desirous of selling securities held by them (“Seller”) (“Service(s)”). Through the Website, Arbour shall provide to you the following Services: (a) facility to view investment opportunities and review the documents and information pertaining to such opportunities; (b) provision of a dashboard to enable you to view the periodic updates on investments made by you. ARBOUR does not solicit investments in the investment opportunities through the Website but only acts as a link between you and the Issuer/Seller. 

Capacity to use Website

Use of this Website is only available to those above the age of 18 and shall not include any person incompetent to contract in terms of the Indian Contract Act, 1872 including persons of unsound mind and insolvents. In case you are a minor desirous of using the Website and the Services offered by us on the Website, you may do so through your legal guardian. 

Use of Website

You can access the Website without registering for an account. However, to use several features, you will need to register and create a profile with accurate and complete information. You agree that the personal information furnished by you for the purpose of your registration on the Website shall be used by the Company in accordance with its Privacy Policy. 

ARBOUR shall not be held responsible for any reason whatsoever if the information furnished by you is incorrect at any point in time. In the event your registered account on the Website has been compromised to an unauthorised person, you shall immediately notify us of such compromise or unauthorised access. ARBOUR shall not be responsible for verifying your identity every time you effect an action on the Website, and shall assume that any and all actions taken from your registered account on the Website are taken by you.  

You shall not misuse our Website by introducing any virus or other digitally harmful material that holds the potential to attack the Website and hinder the provision of Services on the Website in any manner. 

Arbour’s Limited Role 

You agree that ARBOUR is merely displaying details of investment opportunities and not making any warranty, guarantee and/or other commitment and/or providing any advice in relation thereto and should not be construed as a recommendation to invest, financial planning or advice of any kind.  The information contained on this Website is not intended to and does not constitute an offer, solicitation, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities, service or product or to provide any recommendations on which visitors to this website should rely for financial, securities, investment or other advice or to take any decision based on such information. The investment opportunities may be subject to various risks including, without limitation, market risks and the risk of a total loss of capital. You are advised to undertake such investments after carefully reviewing all relevant documents, assessing all risks and carrying out appropriate consultations with your own legal, financial, personal and/ or any other advisors prior to effecting an investment. 

No assurance is given by ARBOUR that any visitors of the Website will achieve their investment objective or receive their capital and/or any return thereon. ARBOUR shall not be responsible for the Issuer’s performance of its obligations towards you. We do not guarantee any action of the Issuer including, in respect of payment of the principal or interest on the opportunity you invest in. Any and all events of default committed by the Issuer towards you shall be dealt with in accordance with the terms agreed upon between you and the Issuer. 

ARBOUR makes no representation, warranty (expressed or implied), or guarantee as to the quality, accuracy, completeness, performance of any information contained on this Website or delivered to you by e-mail or any other forms of communication. The information on the Website is sourced from various sources, including, without limitation, the public domain, industry specific reports and the Issuer. Thus, the information on the Website cannot be construed to be entirely accurate and should not be solely relied on for making investment decisions. We reserve the right to change, modify, add or remove portions of any information on the Website at any time for any reason. Users are advised to periodically (and especially prior to making any investments) review the latest information on the Website, and ARBOUR undertakes no responsibility to notify users of any such changes.   

You understand and agree that the information extended to you on telephonic calls by our representatives upon receipt of a request from you is solely for the purpose of resolving any technical difficulties faced by you on the Website. 

You understand that ARBOUR receives fees from the Issuer for originating investment opportunities on the Website and / or providing any other services to the Issuer. These fees could be in any form and paid either prior to, at or after closing of any issue and may include fees payable on an ongoing basis.   

Financial Transaction 

The transfer of funds in regard of any investment made by you through this Website will be initiated and consummated between you and the Issuer/ Seller. 

All financial transactions initiated on this Website shall be concluded between you and the Issuer/ Seller directly. ARBOUR shall not be liable/ responsible in any manner whatsoever for the settlement / execution/ conclusion or consummation of any financial transactions. All transactions between you and the Issuer/ Seller shall be in terms of the definitive documents and/ or contractual agreements executed between you and the Issuer/ Seller. 

In case of engagement of a payment gateway by ARBOUR which is integrated with the Website to provide ease of making payment by you in favour of the Issuer/ Seller, any utilisation thereof shall be basis terms agreed upon between you and such payment gateway appointed and ARBOUR shall not in any manner be responsible or involved with respect to your transfer of funds to the Issuer/ Seller. 

Communication Between You and the Issuer/Seller 

ARBOUR is not an agent of the Issuer/ Seller, and shall not be responsible for any interactions between you and the Issuer/ Seller in connection with your investment. 

Furthermore, any and all disputes or grievances between you and the Issuer/ Seller shall be resolved on such terms as are agreeable between you and the Issuer/ Seller. ARBOUR and its employees, agents, associates shall not be responsible for resolving any such disputes. 

Our Commercial Relations with Other Parties 

Any of Arbour Alternate Advisors Private Limited and their respective affiliates shall be free to enter into contractual relationships of a commercial nature with any third-party, including, without limitation, any of the Issuers whose investment opportunity may be set out on the Website and/ or the Sellers. You acknowledge and agree that such contractual relationships entered into by any of these entities are independently entered into by the concerned entity and shall have no bearing on our operations carried out on this Website. 

Third-Party Websites

ARBOUR makes no representations about any third party website(s), which may be accessed through the Website. The existence of any such links shall not constitute an endorsement of, or representation or warranty by ARBOUR regarding such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Each such third-party website is independent from ARBOUR and ARBOUR does not warrant the accuracy, timeliness, completeness, non-infringement, merchantability or fitness for any particular purpose of the information contained on such websites. ARBOUR is not responsible for the security, content, or privacy policies of any other website, including any website through which visitors may have gained access to our Website, or to which visitors may gain access from our Website. You acknowledge and agree that the provision of a hyperlink on the Website to such third party websites does not mean or imply that ARBOUR endorses or accepts responsibility for the content or the use of such linked websites.  You shall not display hyperlinks on your websites to any website owned or operated by ARBOUR. If you desire to display on your website a hyperlink to a ARBOUR website, you must enter into a written agreement with ARBOUR governing such display. Access to any ARBOUR website does not authorize you to use any of ARBOUR ‘s names, logos, trademarks or copyrighted material, and you agree not to do so without ARBOUR’s express written consent.

Forward-Looking Statements 

This Website includes statements that are, or may be deemed to be, “forward looking statements”. These forward looking statements can be identified by the use of forward looking terminology, including the terms “believes”, “estimates”, “anticipates”, “expects”, “intends”, “may”, “will” or “should” or, in each case, their negative or other variations or comparable terminology. These forward-looking statements include all matters that are not historical facts or past events. Forward–looking statements by their nature address matters that are, to different degrees, uncertain. These uncertainties may cause the actual future results to be materially different than those expressed in the forward‐looking statements. We do not undertake to update the forward‐looking statements. We caution you that reliance on any forward‐looking statement involves risk and uncertainties, and the underlying assumptions of such forward-looking statements could prove to be inaccurate and, as a result, the forward‐looking statement based on those assumptions could be materially incorrect. 

Indemnity 

You shall defend, indemnify and hold ARBOUR and its employees, officers, directors, shareholders, representatives and agents, harmless from and against all costs, liabilities, claims, charges, damages, losses and expenses of any kind including, without limitation, legal fees arising as a result of or in connection with the breach of any of the terms of these Terms and Conditions by you, your failure to comply with applicable law and/ or your wilful misconduct or fraudulent, improper, negligent act or omission. 

In no event shall ARBOUR or its officers, directors, employees or agents be liable to you or any third party for any special, incidental, direct, indirect, consequential or punitive damages of any kind or any damages whatsoever including but not limited to, loss of use, data, or profits, whether or not ARBOUR is advised of the possibility of damage in connection with, caused by, or arising from the use of the Website or any other website linked to this Website, or from any delays, inaccuracies, errors, omissions in or infringement by, or from any use of or reliance on the information available on this Website. 

Refunds/Cancellations

Any amounts paid by the investors on the Website towards ARBOUR in the form and nature of a security deposit pursuant to executing the expression of interest with ARBOUR in relation to a particular deal, shall be refundable in the event the investment is consummated between the issuer and the investor. However, such security deposit may or may not be refunded or may be partially refunded depending on the terms of the expression or interest in the event the investor withdraws its interest in investing in the concerned opportunity. 

Intellectual Property 

Unless otherwise expressly noted, all content included on this Website, including, without limitation, images, logos, articles and other materials, are protected by copyrights, and/or other intellectual property owned, controlled or licensed by ARBOUR. All trademarks and logos displayed on this Website are the property of their respective owners, who may or may not be affiliated with Arbour. Visitors shall not misuse these trademarks and logos in any manner. Visitors are responsible for complying with all applicable copyright, trademark and other applicable intellectual property laws. We permit visitors to make copies of the content on this Website, for their personal use, as being necessary incidental acts during their viewing of the Website. Visitors can print, for their personal use, as much of the Website as is reasonable for private purposes. All other use, reproduction, copying, or making derivative works, is strictly prohibited. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of this website for public or commercial purposes, including all text, images, audio and video, without ARBOUR’s written permission. Modification or use of the materials for any other purpose violates ARBOUR’s intellectual property rights. We reserve the right to terminate the accounts of subscribers/customers, who violate the proprietary rights, in addition to necessary legal action.

Compliance with Applicable Law 

Notwithstanding anything to the contrary contained herein, ARBOUR shall have no obligation and responsibility to ensure that the investment opportunity floated by any Issuer on the Website is compliant with any applicable law including, without limitation, Companies Act, 2013 and the provisions thereunder. It shall be the sole responsibility of the Issuer to ensure that the investment opportunity is not in violation of any applicable law, and that the communication with investors on this Website in regard of the investment is in compliance with applicable law.    

Each Issuer is entitled to only display such investment opportunity on the Website which is proposed to be effected on a private placement basis and it shall be the sole responsibility of the Issuer to ensure the same and ARBOUR shall be not be responsible to verify and/ or monitor compliance by the Issuer of any such terms. 

Governing Law  

This website is for the exclusive purpose of transactions to be carried out within the territorial jurisdiction of India and all such transactions shall be governed by the laws in India.  Visitors agree that in respect of any dispute or action at law or in equity arising out of or relating to these terms or any Visitor’s   use of this Website, only the courts and tribunals of Mumbai, India shall have exclusive jurisdiction, and Visitors hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action. 

The investments and strategies discussed in the Website may not be suitable for all investors and are not obligations of ARBOUR or its affiliates or guaranteed by ARBOUR or its affiliates. ARBOUR makes no representations that the contents are appropriate for use in all locations or that the transactions, securities, products, instruments or services discussed on this site are available or appropriate for sale or use in all jurisdictions or countries or by all investors or counterparties. By making available information on the Website, ARBOUR does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the Website do so on their own initiative. If you choose to access this Website outside India, ARBOUR is not responsible for compliance with applicable local laws and regulations. This disclaimer clause shall be applicable to any person visiting/accessing this website and/or a customer entering into an agreement related to availing of the services offered by ARBOUR. By clicking to the links to this site, you hereby acknowledge that you have gone through the details of this disclaimer and is fully acquainted yourself with regards to your rights and obligations.

Acceptance of the Terms 

In order to avail the Services offered by us on the Website, you must first agree to the Terms and Conditions. At the time of your registration on the Website, you will be prompted to signify your acceptance to the Terms and Conditions. Such significance of acceptance by you shall be a valid acceptance of the Terms and Conditions. 

Access and Variation 

ARBOUR reserves the right to disable or restrict your access if, in its opinion, you have failed to comply with any of the conditions of these Terms and Conditions or for any other reason, in its discretion. ARBOUR shall not be obligated to provide any reason for such action. The Terms and Conditions shall continue to bind you for as long as you are registered on the Website. 

ARBOUR also reserves the sole right to vary the provisions of these Terms and Conditions from time to time by amending this page on the Website, without providing any prior notice to the visitors, and visitors shall have the obligation to check it from time to time to note any changes made. 

DISCLAIMER & CONFIRMATION