Unless otherwise specified, the capitalized terms shall have the meanings set out below:
Account means and includes the account created on the App, by the User, in accordance with the terms of the Agreement, registered with and approved by Evenue by Epsilon Money.
Agreement means and includes the Terms and Conditions, Privacy Policy and any other such terms and conditions that may be mutually agreed upon between Evenue by Epsilon Money and the User in relation to the Services
Applicable Law means and includes any statute, law, regulation, sub-ordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement.
Confidential Information means and includes all information that is not in the public domain, in spoken, printed, electronic or any other form or medium, relating directly or indirectly to, the assets, business processes, practices, methods, policies, subscription plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, work-in-process, databases, manuals, records and reports, articles, systems, material, sources of material, supplier identity and information, vendor identity and information, User identity and information, financial information, results, accounting information, accounting records, legal information, marketing information, advertising information, pricing information, credit information, developments, internal controls, security procedures, graphics, drawings, sketches, sales information, costs, formulae, product plans, designs, ideas, inventions, original works of authorship, discoveries and specifications, affiliates or their respective businesses, or any existing or prospective customer, supplier, investor or other associated third party, or of any other person or entity that has entrusted information to Evenue by Epsilon Money in confidence.
Content means and includes any information all data and information on the App.
Government Authority means and includes any government, any state or other political subdivision thereof, any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, and any court, tribunal or arbitrator(s) of competent jurisdiction, and, any Government or non-Government self-regulatory organization, agency or authority; having jurisdiction over the Agreement and the Services contemplated under the Agreement.
Information Technology Act means the Information Technology Act, 2000.
Intellectual Property means and includes patents, inventions, know how, trade secrets, trademarks, service marks, designs, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, and other confidential and proprietary information, data, documents, instruction manuals, records, memoranda, notes, user guides, ideas, concepts, information, materials, discoveries, developments, and other copyrightable works, and techniques in either printed or machine-readable form, whether or not copyrightable or patentable, each of which is not in the public domain or would by its very nature fall within public domain.
Intellectual Property Rights mean and include (a) all right, title, and interest under including but not limited to patent, trademark, copyright under the Patents Act, 1970, Trademarks Act, 1999 and Copyright Act, 1957 respectively; any statute or under common law including patent rights; copyrights including moral rights; and any similar rights in respect of Intellectual Property, anywhere in the world, whether negotiable or not; (b) any licenses, permissions and grants in connection therewith; (c) applications for any of the foregoing and the right to apply for them in any part of the world; (d) right to obtain and hold appropriate registrations in Intellectual Property; (e) all extensions and renewals thereof; (f) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same; (g) any Confidential Information.
Evenue by Epsilon Money means and includes Epsilon Money Mart Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at Mumbai.
Prohibited Conduct means and includes the User’s use of the Service in contravention of the Agreement and Applicable Law; violation of or the abetment of violation of third party rights; infringement or misappropriation of Evenue by Epsilon Money or any persons Intellectual Property Right; attempt to gain or assist another person/ User to gain unauthorized access to the App and/or Services or its related systems or networks; create internet links to the App or “frame” or “mirror” any content on any other server or wireless or Internet-based device; act of sending spam, duplicated or unsolicited messages; usage or storage of obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights leading to harassment, annoyance, anxiety or inconvenience to any person; modify or make derivative works based upon the Service and/or impersonation in relation to any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsely representing User Information.
Registration Data means and includes the mobile number, e-mail address, username and such other particulars and/or information as may be required by Evenue by Epsilon Money and supplied by the User on initial application.
Personal Information means and includes details of Aadhaar Card, PAN Card, biometric information, financial information such as bank account, debit card, credit card details and such other sensitive information, of the User, and/or concerned person which personally identifies such User and/or person.
Services means and includes the services provided by Evenue by Epsilon Money within the territory of India and for properties located in India or abroad to the User of the App, and our app provides the following services to the users: –
App means and includes the website owned, operated and managed by Evenue by Epsilon Money at the URL www. in (www..com) and also includes the mobile application owned, operated and managed by Epsilon Money Mart Private Limited.
Terms and Conditions means and includes the terms and conditions contained in the Agreement more particularly set out in Section I.
Third Party Service Provider means and includes any service provider with whom Evenue by Epsilon Money has an agreement for the purposes of making services in addition to the Services available for the User.
User means any person who accesses the App or avails Services on the App for the purposes of hosting, publishing, sharing, displaying or uploading information or views and whether as an Owner or a tenant or as a Manager looking for potential offered services includes other persons jointly participating in using the App.
User Information means and includes Registration Data, Personal Information and any other data, details or information in relation to the User, provided by the User to Evenue by Epsilon money in relation to the Services, whether through the App, e-mail or any other form of communication, agreeable to the User and Evenue by Epsilon money.
Unless the context otherwise requires or a contrary indication appears:
(a) Reference to any legislation or law shall include references to any such legislation or law as it may from time to time be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
(b) Any reference in this Agreement to a person includes any individual, corporation, partnership, unincorporated organization or governmental agency and shall include their respective successors and permitted assigns and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being.
(c) Headings to Sections and Clauses are for ease of reference only and shall be ignored in the construction of the relevant Sections and Clauses.
(d) The singular includes the plural and vice versa and words importing a particular gender include all genders.
(e) The words ‘other’ or ‘otherwise’ and ‘whatsoever’ will not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.
i. Evenue by Epsilon Money agrees to provide to the User and the User agrees to avail from . Evenue by Epsilon Money the Services in accordance with and on the basis of this Agreement and the User’s acceptance of the Terms and Conditions and Privacy Policy constitute the Agreement between the User and Evenue by Epsilon Money and such Agreement shall deem to replace all previous arrangements between the User and Evenue by Epsilon Money in relation to the Services and access of the App.
ii. The User undertakes to be bound by the Agreement each time the User accesses the App, completes the registration process.
iii. The User represents and warrants to .Evenue by Epsilon Money that the User is 18 (eighteen) years of age or above, and is capable of entering into, performing and adhering to the Agreement. Individuals under the age of 18 (eighteen) may access the App or avail a Service only with the involvement, guidance, supervision and/or prior consent of their parents and/or legal guardians, through the Account of or under the guidance of such parent/ legal guardian. Evenue by Epsilon Money shall not be responsible for verifying if the User is at least 18 (eighteen) years of age.
i. The User undertakes and agrees to provide User Information, uploading Content and create an Account in order to retrieve specific information and avail the Services.
ii. Evenue by Epsilon Money shall verify the Account by requesting for the one-time password from the User. The User undertakes and agrees that a mobile number can only be used once to create an Account. The User is prohibited from creating multiple Accounts and Evenue by Epsilon Money reserves the right to conduct appropriate verification to detect such multiplicity of Accounts and take appropriate action.
iii. The User undertakes to cooperate with any of Evenue by Epsilon Money personnel in connecting with the User’s access to the App as may be required by Evenue by Epsilon Money.
i. Evenue by Epsilon Money shall not be responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and Intellectual Property Rights of and/or in relation to the User Information.
ii. Evenue by Epsilon Money shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Information, in whole or in part.
iii. Evenue by Epsilon Money reserves the right to withhold access, remove or discard any User Information from the App, in whole or in part at on its sole discretion.
iv. Evenue by Epsilon Money shall have the right but not an obligation to maintain or forward any User Information and to verify the authenticity of any User Information made available to it through the App or otherwise.
i. Evenue by Epsilon Money, always, reserves the right, to reject or disable an Account in the event of the User’s violation of any Applicable Law or anything done by the User in contravention of this Agreement and including but not limited for any other reason in relation to the safe and secure operation of the App.
ii. Subject to Applicable Law, Evenue by Epsilon Money has an internal infrastructure in order to conduct a background check and verification of the User Information and the Account in order to ensure that the Brokers are not registering themselves on the App. In the event, a User is detected as a Broker, Evenue by Epsilon Money has the right to reject or disable such Account without cause.
iii. Evenue by Epsilon Money has the right to modify, suspend or terminate all or any part of the Services including its features, structure, fees and layout, and/or suspend or deactivate, whether temporarily or permanently, the User Account and/or User’s access to the App, at any time, without any prior notice to the User.
iv. Evenue by Epsilon Money shall endeavour to provide the User an advance notice, without any obligation to do so, of any suspension or deactivation of the App for the purposes of repair, any inspection or testing by a Government Authority, or for maintenance, upgradation, testing or any other reason as Evenue by Epsilon Money may deem fit. Evenue by Epsilon Money shall use its best efforts to rectify any disruption of or rectify an error on the App and restore regular operations of the App.
v. Evenue by Epsilon Money has the right to issue notifications, confirmations and other communications to the User, on the App, through e-mail, text message or any other form as may be agreed to by the User and/or send promotional or other relevant information in relation to the Services to the User. Evenue by Epsilon Money may also send users occasional e-mail bulletins unless the Users have opted not to receive these e-mails. These e-mails may also contain neighbourhood information, tips and suggestions or any other offer provided by third party. Evenue by Epsilon Money does not take any responsibility of the validity of any of these offers. The Users shall have the right to unsubscribe from receiving any such notifications or promotional information at any time by sending a mail to assist@nobroker.in.
i. The User shall be liable for all acts conducted through the User’s Account and shall be responsible for the safekeeping of the details and password of the Account.
ii. Subject to Applicable Law, the User is responsible for notifying Evenue by Epsilon Money>/b> immediately upon becoming aware of any unauthorized access into or misuse of the Account causing a breach of security as per the Terms and Conditions and Privacy Policy of Evenue by Epsilon Money.
iii. Evenue by Epsilon Money shall extend support by ensuring immediate termination or suspension of such Account and shall take such other appropriate safety measures as it may deem necessary. Further, Evenue by Epsilon Money shall not be held liable for any unauthorized access into the Account and/or any loss or damage caused to the User by such unauthorized access or loss or damage caused as a consequence of the delay or failure of the User in informing Evenue by Epsilon Money about such unauthorized access.
iv. In order to better protect the secrecy of the User Information, the User is encouraged to change the password of the Account from time to time.
i. Evenue by Epsilon Money undertakes that the procurement, storage, usage and dissemination of all information including User Information and/or Content, as the case may be, pursuant to this Agreement, shall at all times, including upon expiration of the Services or termination of the Agreement with the User, be in accordance with the Information Technology Act 2000, the rules made thereunder and other relevant Applicable Laws.
ii. The User hereby irrevocably and unequivocally authorizes Evenue by Epsilon Money to utilize User Information for the purposes including those set out below:
(a) provision of Services in accordance with the Agreement.
(b) disclose User Information to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need-to-know basis for provision of the Services.
(c) contacting a Third-Party Service Provider and/ or facilitating/ enabling the services of a Third-Party Service Provider for the User pursuant to the arrangement between Evenue by Epsilon Money and such Third-Party Service Provider.
(d) conducting internal studies, consumer research, surveys and preparing reports in connection with the Services.
(e) entering the registration data for an Account or receiving alerts, contacting a property seller/ buyer; and
(f) sending alerts, contact details, promotional messages and promotional calls whether by Evenue by Epsilon Money itself or through its partners/ vendors and sub-partners/ sub-vendors.
Evenue by Epsilon Money shall endeavour to ensure that the Content on its app is monitored to ensure that the same is not in contravention of Applicable Law and this Agreement. In this regard, the Users represent and warrant that they shall not do any of the following via the App or otherwise in connection with the Service:
(i) attempt or help anyone else attempt to gain unauthorized access to the App or its related systems or networks (including without limitation the impersonation of another User or use of a false identity or address to gain access to the App).
(ii) use the App to violate the Intellectual Property Rights of any person (including without limitation posting pirated music or computer programs or links to such material on App or on the User’s Profile).
(iii) send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws.
(iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights.
(v) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
(vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein.
(vii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service in any way.
(viii) modify or make derivative works based upon the Service or the Content of Evenue by Epsilon Money.
(ix) create internet “links” to the App or “frame” or “mirror” any Content on any other server or wireless or internet-based device; or
(x) reverse engineer or access the Service to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.
The App may contain user generated content (“UGC”) which Evenue by Epsilon Money does not pre-screen and which contains views that may be opinions of Users and of experts. These views do not represent views, opinions, beliefs, morals or values of Evenue by Epsilon Money. Evenue by Epsilon Money does not claim any ownership rights in the text, files, images including photos, videos, sounds, musical works or any UGC that the Users submit or publish on the App. After posting any UGC on the App the Users continue to own the rights that the Users may have in that UGC, subject to the limited license set out here. Evenue by Epsilon Money shall do its best to monitor, edit or remove such UGC where Evenue by Epsilon Money considers it appropriate or necessary to do so. Evenue by Epsilon Money does not promise that the content in or on the App is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the Intellectual Property Rights of third parties.
The Users hereby expressly acknowledge and agree that Evenue by Epsilon Money will not be liable for the User’s losses or damages (whether direct or indirect) caused by any activity undertaken by the User on the basis of any UGC.
i. Evenue by Epsilon Money respects the Intellectual Property Rights of others and asks its Users to do the same. The User shall have the sole responsibility for the Intellectual Property ownership or right to use of any information that the Users submit via the App and the Users may not use the App to transmit or reproduce someone else’s Intellectual Property.
ii. The User shall not upload, post or otherwise make available on the App, Intellectual Property without the express permission of the concerned owner and the User shall be solely liable for any damage resulting from any infringement of such Intellectual Property.
iii. Evenue by Epsilon Money reserves the right to initiate appropriate legal proceedings against any User or third party for an infringement of its Intellectual Property Rights, in accordance with Applicable Law.
iv. The User further accepts and agrees that Evenue by Epsilon Money shall have Intellectual Property Rights on all information and data provided or shared by the User on the App.
i. Evenue by Epsilon Money does not warrant in any manner whatsoever that the App or any other software utilized by Evenue by Epsilon Money for internal purposes, shall at all times remain free from any harmful components and operational hazards such as Computer Virus, worms, trojans and such related components that might be a threat to the information available with Evenue by Epsilon Money.
ii. Evenue by Epsilon Money shall endeavour to keep the App secured against any possible bugs, viruses or other technical problems in compliance with the best practices of this industry.
(a) The information and opinions available on the App in relation to the Services are mere guidelines for the purposes of providing general information on the subject and the exchange of property and any other information through or on the App is not an offer and/or recommendation from/ by Evenue by Epsilon Money.
(b) The Content should not be regarded as legal, financial or real estate advice for the User. Evenue by Epsilon Money advises the User to make independent enquiries and obtain professional advice before making legal, financial or real estate decisions
(c) The Services are chosen and used at the User’s risk and discretion and Evenue by Epsilon Money makes no representations or warranties, express or implied, to the User in relation to the Services or otherwise regarding this Agreement, including the implied warranties of merchantability and fitness for a particular purpose.
(d) The User understands and acknowledges that the User assumes certain risks prior to interacting with other Users/ persons/ Third Party Service Providers on and through the App, and the User shall be solely responsible for such User’s personal assessment of specific requirements with regard to interaction with other Users/ persons/ Third-Party Service Providers.
(e) Evenue by Epsilon Money expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content/ listing posted on the App/ made available to Evenue by Epsilon Money by any User or any third party or any deficiency in service that is caused to the User due to a Third-Party Service Provider.
(f) Evenue by Epsilon Money does not have the obligation to physically meet, conduct background or police verification of the Users. This is on a best-effort basis and has its own limitations. Evenue by Epsilon Money accepts User Information in good faith and shall not be held responsible with regard to the bonafides of the Users.
(g) Evenue by Epsilon Money shall not be liable for any damages, expenses, costs or losses incurring from the User’s engagement in Prohibited Conduct and availing services of Third-Party Service Providers.
(h) Evenue by Epsilon Money shall not be held liable or responsible for indemnifying, refunding or reimbursing any User for any loss, damages or expenses suffered or incurred by such User as a consequence of the suspension or deactivation of the User’s Account.
(i) Evenue by Epsilon Money shall not be liable for any third-party fees, costs, charges or expenses incurred by the User for accessing the App or availing the Services. Evenue by Epsilon Money shall not be liable in respect of any disputes or legal proceedings between the User and such third party for any reason whatsoever and any such disputes or proceedings shall be resolved outside the App without any reference or recourse to Evenue by Epsilon Money.
(j) Evenue by Epsilon Money neither has access to, nor does the Agreement govern the use of cookies or other tracking technologies that may be placed by Third Party Service Providers on the App. These parties may permit the User to opt out of tailored advertisement at any time, however, to the extent advertising technology is integrated into the Services, the User may still receive advertisements and related updates even if they choose to opt-out of tailored advertising. Evenue by Epsilon Money assumes no responsibility or liability whatsoever for the User’s receipt or use of such tailored advertisements.
(k) Evenue by Epsilon Money shall not be liable for the non-performance or defective or late performance of any of the Services or any of its obligations under this Agreement to such extent and for such period of time if such non-performance, defective performance or late performance is due to acts of God, war (declared or undeclared), civil insurrection or unrest, acts (including failure to act) of any Governmental Authority, riots, revolutions, fire, floods, strikes, lock-outs or industrial action
Evenue by Epsilon Money’s total aggregate liability under this Agreement and in relation to anything which Evenue by Epsilon Money has done or not done in relation with this Agreement shall be limited to the fees paid by the User for availing the Services in relation to which such liability of Evenue by Epsilon Money arises.
Evenue by Epsilon Money and its officers, directors, employees and agents collectively at all times shall be held indemnified against any losses, costs, expenses, claims, suits and/or damages (including reasonable attorney fees)incurred and/or suffered by Evenue by Epsilon Money, whether directly or indirectly, resulting from, an act or a failure to act, of any User, person or Third-Party Service Provider for any reason whatsoever and against any claims, suits and/or legal proceedings initiated by third parties inclusive of but not limited to the User’s:
(a) breach of any terms of this Agreement.
(b) third party claims arising from an infringement or alleged infringement of such third party’s Intellectual Property.
(c) claims made by any Government Authority due to the User’s violation of Applicable Law; or
(d) actual or alleged gross negligence or wilful misconduct in connection with the User’s use of the Services or this Agreement.
(e) a fraudulent act committed by a User which results in loss or damage, suffered or incurred by any other User or by any third party.
Any User grievance relating to the discrepancies or misuse of information so provided to Evenue by Epsilon Money may be addressed to the details provided below appointed by Evenue by Epsilon Money for this purpose.
Name: Support Team
Contact No.: +91 22 500 54 260
Email Id: Support@EpsilonMoney.com
The grievance officer shall address the grievance within one month of the date of receipt of such grievance from the User.
i. No failure or delay on the part of Evenue by Epsilon Money in exercising any right or remedy shall operate as a waiver of such right or remedy.
ii. In the event that any of the terms and conditions of the Agreement are declared as invalid or unenforceable by a court of competent jurisdiction, such enforceability or invalidity shall not render the other terms and conditions as invalid or unenforceable as a whole.
iii. The invalid or unenforceable provision shall be construed to reasonably reflect the actual intention of the party (in this case, Evenue by Epsilon Money) while drafting it.
(a) Evenue by Epsilon Money shall change, update or modify this Agreement, in whole or in part, without any prior notice to the User, provided, however, that, a notification of such change, updating or modification will be made available on the App.
(b) The User’s uninterrupted and continued usage of the Services and the App shall be deemed as acknowledgment and acceptance of the changes, updates or modifications to the Agreement.
Any action, claim, dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination (Dispute) shall be governed by and construed in accordance with the laws of India and the courts in Mumbai shall have exclusive jurisdiction over Disputes arising out of this Agreement. Notwithstanding anything contained herein, Evenue by Epsilon Money shall not be restricted or withheld from instituting proceedings in courts/ tribunals of any jurisdiction other than Mumbai that it may in its sole discretion deem appropriate and convenient.
At Epsilon, we believe that we should let you dream – leave the tension of how you will plan finance for those dreams to us. We are here to help you and guide you, every step of the way. By always doing the right thing. By gauging your risk profile, investment horizon and recommending products accordingly. By doing what is best for you to achieve your goals.
Get in TouchUnit No. 101, 1st Floor, Simba Towers, CTS no. 67-A/1, Goregaon, Mumbai - 400063
ARN- 243441
Epsilon CIN No: U67190MH2022PTC377576
Epsilon Money Investment Management Pvt. Ltd CIN No: U67100MH2022PTC377409
IRDAI Registration Number: CA0866
Corporate Agent (Composite)
