Terms and conditions

Last updated: Sep 18 2015

These terms of use (the “Terms of Use”, and together with any additional terms and conditions, disclaimers, policies, rules, agreements and procedures which are present or may be posted on the Website from time to time, whether described or incorporated by reference below or otherwise, the “Agreement”) govern the access to, or use of, the website located at https://www.altflo.co, including, but not limited to, all of its subsites (typically any web pages which end in “altflo.co”, including, but not limited to, http://beta.altflo.co) and all software, products, features and services made available, displayed or offered by through such website or subsites (collectively the “Website”) by each person, natural or otherwise, directly or indirectly through an agent, representative or intermediary, (each such person accessing, or otherwise using, the Website, a “User” and collectively, the “Users”, and referred to herein as “you”, “your”, or other similar pronouns) and each such User’s use of any of the services provided through the Website. From time to time we may add new subsites to the Website that may not initially be listed above, but such subsites will provide a link to these Terms of Use and will be governed by these Terms of Use.

Acceptance of Terms

Each User, by accessing or otherwise using the Website, represents and warrants that they are of legal age to enter into a binding contract, is deemed to have carefully read and understood the Agreement, and agrees to be bound by and comply with the Agreement, which may be revised, modified, or replaced in their entirety, from time to time, without prior notice. Each User acknowledges and agrees to review the most current version of the Agreement each time, prior to accessing, or otherwise using, the Website, as each User will be deemed to have acknowledged, accepted and agreed to be bound by any variations thereto if such User continues to access, or otherwise use, the Website after such variations have been posted on the Website.

If you are using the Website on behalf of any other person or entity, you represent and warrant that you are authorized to accept the Agreement on such person’s or entity’s behalf, and that such person or entity agrees to indemnify altflo for violations of the Agreement.

Please also note that the terms and conditions of the Agreement are in addition to any other agreements between you and the owners or any other persons in control of, or responsible for operating, maintaining, updating or otherwise administering, the Website (such persons and their agents, representatives or assigns, collectively, altflo” and referred to herein as “we”, “our”, “us” or other similar pronouns), including, but not limited to, any other customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Website.

Modifications, Suspension and Discontinuance

altflo reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve, correct or otherwise modify, suspend or discontinue any feature, service, database, information, materials and descriptions on the Website and/or to suspend and/or deny access to all or any parts of the Website for scheduled or unscheduled maintenance, upgrades, improvements, corrections or modifications, or permanently and/or charge, modify or waive any fees required to use the Website.

The information and materials on the the Website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and altflo does not undertake any obligation or responsibility to update or amend any such information. altflo may discontinue or change any product or service described in or offered on the Website at any time without prior notice. altflo further reserves the right, in its sole discretion, to impose limits on, or block or otherwise discontinue, your access and use of all or any parts of the Website at any time and for any reason. You agree that altflo will not be liable to you or to any third party for any such modification, suspension or discontinuance.

The Website

The Website is a resource for informational purposes only and is not promised, represented, warranted or guaranteed in any manner, express or implicit, to be accurate, adequate, appropriate, up-to-date or complete. The Website is designed for persons, including, but not limited to, high net worth individuals, institutions, pensions, foundations, endowments, private companies, general partners or managers of alternative investment funds, third-party financial, legal and corporate advisors, deal intermediaries and professional support services providers to connect with each other for the purposes of general networking, business development, corporate governance and communication, seeking or providing capital, and managing investment, acquisition or exit opportunities.

Unless otherwise explicitly specified, all information and documents contained herein have been provided by, or derived from, third party, including, but not limited to, the Users, or industry sources, and have not been independently verified by altflo and altflo expressly disclaims any liability, whether civil, criminal, tortious, financial or otherwise, whatsoever to any User resulting from any use of such information or documents.

Nothing on the Website constitutes, or is intended to be construed as, an offer to issue, allot, sell, or otherwise transfer, or an invitation, advertisement, solicitation, recommendation, advice, or inducement to invest in or make a commitment to invest in, any securities, options, other financial instruments or other assets, whatsoever.

Any such offer, invitation, advertisement, solicitation, recommendation, advice, or inducement or acceptance thereof, as the case may be, by the Users, shall only be made in accordance with applicable law and privately, among such Users, pursuant to confidential offer documents, as may be negotiated, agreed and executed, among them, containing such information relating to terms and conditions of investment and describing such risks, legal and tax information related to such investment (which information would qualify in its entirety the information set forth herein), as may be required under applicable law or deemed necessary or desirable by such Users (based on their independent investigation and careful consideration of their circumstances and financial resources, including, but not limited to, conducting any financial, legal and accounting due diligence review and obtaining adequate financial, legal accounting, investment, valuation and tax advice from qualified and/or registered experts or advisors) and with the explicit understanding and express acknowledgment that altflo is not, at any point, directly or indirectly, (i) expressing any opinion on the suitability, accuracy, adequacy, appropriateness or completeness, as the case may be, of any offer, invitation, advertisement, solicitation, recommendation, advice, or inducement which may be facilitated through the use of the Website; (ii) assisting in, or making any representations with respect to, the determination of fair value of any securities or investment, (iii) privy to, or has made or accepted, or has caused or will be causing to be made or accepted, or is in a position or capable of making, accepting or signifying the acceptance of such offer, invitation, advertisement, solicitation, recommendation, advice, or inducement, in their personal capacity or on behalf of any User; or (iv) clearing, underwriting, or guaranteeing, or causing the clearance, underwriting, or guaranteeing of any investment made by any person, pursuant to any such offer, invitation, advertisement, solicitation, recommendation, advice, or inducement. Under no circumstances should any person contemplating making or accepting any such offer, invitation, advertisement, solicitation, recommendation, advice, or inducement do so based solely on the information provided on the Website.

The contents of the Website, including, but not limited to, the Agreement, do not constitute, and should not be considered or construed as a substitute for financial, legal accounting, investment, valuation or tax advice and altflo does not represent or “holds out” to be a qualified and/or registered expert or advisor on such matters and the Users are solely responsible for independently investigating the suitability of any potential investment, after careful consideration of their circumstances and financial resources, and for conducting any financial, legal and accounting due diligence review with respect to any such potential investment and should obtain adequate financial, legal accounting, investment, valuation and tax advice from qualified and/or registered experts or advisors before making any decisions in relation to such investments. The information and services provided on the Website are not being provided to, and shall not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable law. Some of the services described in the Website may not be available in all jurisdictions or to all the Users.

Each User, by accessing, or otherwise using, the Website acknowledge and accept that they are cognizant of and fully understand the meaning and import of, and in complete agreement with, the contents of altflo’s disclaimer notice (the “Disclaimer”), which may be accessed here.

Privacy

Your submission of information or material through the Website is governed by altflo’s privacy policy (the “Privacy Policy”) which may be accessed here.

Confidentiality

All information accessed through, or obtained from, the Website and all information disclosed to any User by any representative of altflo, other than (i) information that was known to such User prior to such disclosure and (ii) information that is in the public domain at the time of disclosure to such User, is confidential in nature and may not be shared by such User with any other party or used for any purpose other than for evaluation purposes, for seeking introductions through altflo, or any other explicitly stated purpose for which such information is being disclosed without prior written consent from altflo (such information, “Confidential Information”); provided that, (i) a User may share Confidential Information obtained from the Site with their legal, tax or other professional advisors to the extent that such advisors have been notified of the confidential nature of such information, and (ii) a User shall be permitted to disclose Confidential Information to governmental, supervisory or regulatory authority if required under applicable law and upon request of such authority; provided that, to the extent permitted, User provides altflo with a prior written notice of such request and disclosure.Each User acknowledges and accepts that altflo will suffer irreparable harm and damage if the confidentiality obligations hereunder are not specifically performed and carried out by such User and that altflo would not have an adequate remedy under any applicable law in the event of an actual or threatened violation of such confidentiality obligations. Accordingly, the User acknowledges and agrees that altflo shall be entitled, without protest from such User (claiming adequacy of damages or other such defense), to seek an injunction or any other appropriate decree of specific performance, and such other relief as may be just and proper, for any such actual or threatened violation or breaches of confidentiality obligations by the User, including. But not limited to, the right to recover all losses or damages suffered by altflo resulting from any such breach or threatened breach.

Submission of Content by Users

Each User is solely responsible for all content posted, uploaded, submitted, published or otherwise displayed through the Website, and expressly acknowledges and agrees that all such content shall:

  • be in strict compliance with all applicable laws, including, but not limited to, securities laws, data privacy laws, intellectual property laws, export control laws, and regulatory requirements;
  • not be inaccurate, harassing, abusive, defamatory, obscene, indecent, inappropriate, unlawful or otherwise, in the sole judgment of altflo, objectionable;
  • not be intended as a means to harvest or otherwise collect information about others, including, but not limited to, e-mail addresses, without their consent;
  • not constitute, or be intended to be construed as, an offer to issue, allot, sell, or otherwise transfer, or an invitation, advertisement, solicitation, recommendation, advice, or inducement to invest in or make a commitment to invest in, any securities, options, other financial instruments or other assets, whatsoever;
  • not contain any software viruses, worms, trojans, logic bombs or other programs that are malicious or may interfere with the functionality of the Website or any part thereof;
  • not infringe any intellectual property rights or any other proprietary rights or contractual rights of, or create a privacy or security risk to, any person;
  • not be intended to impersonate, or otherwise misrepresent affiliation with, any person or entity; and
  • not further any criminal, or otherwise unlawful, activity or provide assistance in, or instructions about, any criminal, or otherwise unlawful, activities.

Authority of User to Submit and Accuracy of Content

Each User, by submitting, or otherwise making available, directly or indirectly through an agent, representative or intermediary, any information, documents or material to altflo, on or through the Website, or through any other means, represents and warrants to have the authority, under applicable law or pursuant to any contractual or fiduciary relationships, to disclose all such information, documents or material, and is solely responsible for ensuring that each such disclosure is in compliance with all legal and contractual requirements, applicable to such User or to any information or material submitted or otherwise made available by such User, and strictly in accordance with the Agreement.

Each User, by submitting, or otherwise making available, directly or indirectly through an agent, representative or intermediary, any information, documents or material to altflo, on or through the Website, or through any other means, represents and warrants, that all such information, documents and material are true, accurate and complete (nothing material has been omitted and nothing intentionally misleading has been provided), and that such User will maintain and update such information, documents and material immediately upon becoming aware of any development leading to such information, documents and material no longer being true, accurate or complete.

Unauthorized Access

Some of our services, and certain pages of the Website, are available only to Users who have been authorized by us to access such services or pages. Such authorization may require completion of User profile(s) and satisfactory background verification/screening.Unauthorized use of any part of the Website and/or our systems, including, but not limited to, unauthorized entry into and/or any attempted access of any restricted areas of Website, misuse or sharing of passwords or any other Confidential Information, is strictly prohibited.Each User agrees to not use the Website or any part thereof in any manner that could damage, disable, overburden, or impair the Website or any part thereof, or any services offered through the Website, or any other person’s access, use or enjoyment of the Website or any services offered through the Website.

Each User agrees to not attempt to gain, or gain unauthorized access to the Website or any part thereof, through hacking, password-mining or any other means, “screen-scrape”, “data-scrape”, “data-mine”, circumvent the navigational structure or presentation of the Website, and/or use any manual or automated means to acquire data and/or information from the Website, or engage in any activities that are contrary to the Agreement and/or any applicable law.

Each User agrees to, immediately upon becoming aware, notify altflo in the event that they learn or suspect that the security of their login credentials may have been compromised and agrees that they are responsible for any unauthorized use of such login credentials that is made before they have notified altflo has had a reasonable opportunity to act on such notice.

We reserves the right to suspend or cancel your login credentials, even without receiving such notice, if we suspect that they are being used in an unauthorized or fraudulent manner.Each User agrees that altflo may, in its sole discretion and to the extent permitted by applicable law, access, read, preserve and disclose their account information, usage history and any information, document or material submitted, or otherwise made available, by such User to altflo, in order to: (i) comply with applicable law, regulations, legal processes, or requests from governmental or other regulatory authorities; (ii) respond to claims that any such information, document or material violates the rights of third parties, including, but not limited to, intellectual property rights or contractual rights; (iii) enforce the Agreement and investigate potential violations thereof; (iv) detect, prevent, or otherwise address fraud, security, or technical issues; (v) respond to your requests for any service; or (vi) protect the rights, property, or personal safety of altflo or other Users.

Intellectual Property

All content included on the Website, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site (collectively, the “Website Content”), is the property of altflo, the Users, or other third parties, as the case may be, and is protected by copyright and other applicable law that protects intellectual property and proprietary rights. Each User, agree to observe and abide by all such legal and contractual rights with respect to the Website Content, whether or not such Website Consent is marked with copyright or other proprietary notices or legends.

Each User is granted a non-exclusive, non-transferable, revocable, limited license to access and use the Website and the Website Content, strictly in accordance with the Agreement and in consideration whereof, each such User agrees to not modify, adapt, translate, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, delete or alter author attributes or copyright notices included in, or in any way exploit, or systematically download and/or store, the Website Content in whole or in part, or reverse engineer, decompile or disassemble, or frame or mirror any portion of the Website, without the prior written consent of altflo.

altflo reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights or contractual rights owned by others. If you believe that any material contained in the Website infringes your intellectual property, you should immediately notify altflo of the alleged infringement.

By submitting information, documents or other material to altflo, you grant altflo a non-exclusive, irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of the Agreement and actions and transactions contemplated hereby.

Third-Party Links and Services

The Website may contain links to other websites (“Third-Party Websites”). Third-Party Websites are not under the control of altflo and altflo is not responsible for the contents of any Third-Party Website, including, but not limited to, any link contained in a Third-Part Website, or any changes or updates to a Third-Party Website. altflo provides links to Third-Party Websites to the Users only as a convenience, and the inclusion of any such link does not imply endorsement, approval, investigation, verification or monitoring by altflo of such Third-Party Website or any association or affiliation with its owners, controllers, or operators.

In no event shall altflo be responsible for the information contained on any Third-Party Website and/or any User’s use of or inability to use such site. Users should also be aware that the terms and conditions and privacy policy of Third-Party Website will be different from those applicable to their use of the Website and accordingly, Users should contact the owner controller, or operator of the relevant Third Party Website for any information regarding such website’s terms and conditions and/or privacy policy.

Third Party Accounts

Users will be able to connect their altflo accounts to third-party accounts. By connecting your altflo account to any such third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with privacy settings applicable to such third-party accounts). If you do not want information about you to be shared in this manner, do not use this feature.

Indemnity

Each User agrees to indemnify and hold altflo, its affiliates, and employees, harmless from and against any suit, action, claim, demand, penalty or loss (including, but not limited to, legal costs), arising out of such User’s use of the Website, breach of the Agreement, or your violation of applicable law, regulation, order of any judicial, governmental or regulatory authority, or the contractual rights of a third party. altflo reserves the right but not any obligation, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User, in which event such User agrees to fully cooperate with altflo in asserting any available defenses.

Disclaimer of Warranty and Limitation of Liability

THE INFORMATION, PRODUCTS AND SERVICES ON THE WEBSITE ARE PROVIDED ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. ALTFLO DOES NOT PROVIDE ANY WARRANTIES (EITHER EXPRESS OR IMPLIED) WITH RESPECT TO THE INFORMATION AND/OR SERVICES PROVIDED ON THE WEBSITE AND/OR YOUR USE OF WEBSITE GENERALLY, FOR ANY PARTICULAR PURPOSE AND ALTFLO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ALTFLO WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE WEBSITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, ATFLO CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER ALTFLO, NOR ANY OF ITS AFFILIATES, OR EMPLOYEES, NOR ANY THIRD PARTY PROVIDERS OF CONTENT, SOFTWARE AND/OR TECHNOLOGY, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE WEBSITE OR ANY PART THEREOF, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE WEBSITE, THE DATA CONTAINED THEREIN OR THE PRODUCTS OR SERVICES OFFERED THEREFROM, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE OR THE INFORMATION, DOCUMENTS OR OTHER MATERIALS CONTAINED THEREIN, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ALTFLO OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES.

Further, altflo is not liable for matters beyond its reasonable control. We do not, inter alia, control telephones, third party communications networks (including, but not limited to, your internet service provider) or the Internet or the acts of third parties and you agree that we can therefore not be held liable for any problem experienced by you on account of faults and failures in such systems.

You hereby agree that the aggregate amount of monetary claims of any kind assessed against altflo or arising out of or relating to your use of the Website shall not, in any event, exceed the total amount you have paid to altflo for the use of the Website, or any services thereof, during the previous six (6) months from the date on which such claim (and in the event of multiple claims, the date on which the latest claim) arose.

IN NO EVENT WILL ALTFLO OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY LOSS OF PROFITS, OR SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, EVEN IF ALTFLO OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES OR OTHER MALICIOUS PROGRAMS WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTIVITY PROBLEMS SUCH AS LACK OF ACCESS TO THE INTERNET SERVICE PROVIDER, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT. ALTFLO CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.

Termination

The Agreement is effective until terminated. altflo, in its sole discretion, may terminate your access to or use of the Website, any may suspend or cancel your login credentials and/or delete, destroy, or otherwise render inaccessible any files, information, documents or other material associated with your altflo account, at any time and for any reason, including, but not limited to, if altflo believes that you have violated or acted inconsistently with the Agreement. Upon any such termination, your right to access, or otherwise use, the Website will immediately cease. You agree that altflo shall not be liable to you or any third party for any such termination of access to the Website or to any such files, information, documents or other material, and shall not be required to make such files, information, documents or other material available to you after any such termination.

Governing Law and Jurisdiction

The Website is controlled by altflo from India; accordingly, Agreement is governed by Indian law, and not by the laws of any other country, territory or jurisdiction. altflo does not represent or warrant that the Website, or any functionality or feature thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to download, access or use the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

Users from outside India acknowledge that the Agreement is subject to Indian law and that competent courts of Mumbai, India shall have exclusive jurisdiction in respect of all matters relating to or arising out of the Agreement.

Severability

If any provision of the Agreement is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in the Agreement but without invalidating any of the remaining provisions of the Agreement.

No Waiver

The rights and remedies available under the Agreement may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies available under applicable law. Terms of the Agreement may be waived only in writing. Delay in exercising or non-exercise of any right or remedy does not constitute a waiver of such right or remedy, or any other right or remedy. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

Entire Agreement

The Agreement sets out the entire agreement and understanding between altflo and each Use with regard to the subject matter hereof, and supersedes all prior agreements, understandings or arrangements (whether oral or written), with respect to such subject matter in any way.

Miscellaneous

The Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and altflo.

You may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without our prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.

Any heading, caption or section title contained herein is inserted only for convenience, and in no way defines or explains any section or provision hereof.

Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in our discretion. Without limitation, you agree that a printed version of the Agreement and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other documents and records originally generated and maintained in printed form.