Terms and Conditions
Last Updated Date : August 24, 2021
Terms and Conditions
Sri Vijayarayaru Software Private Limited operate web application https://app.kutumba.one/ and website https://www.kutumba.one/ under brand names Kutumba, Kutumba.one.
Kutumba empowers your (hereinafter referred to as, “You”, “you”, “your” or “User”) family with financial-life awareness and financial-life preparedness by empowering you to discover, document, risk-proof, and share your financial-life information with your family. Kutumba is committed to operating its website and web applications with the highest ethical standards and appropriate internal controls.
THESE WEBSITE TERMS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
Please note that your visit, use of or access to our web application https://app.kutumba.one/ (collectively referred to as “Application”) and website https://www.kutumba.one/ are subject to the following terms; if you do not agree to all of the following, you may not use or access the Services and Application in any manner.
Please read on to learn the rules and restrictions that govern your use of our Application/Services. These Terms and Conditions (the “Terms” or the “Agreement”) are a binding contract between you and Kutumba. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@Kutumba.one
- You are aware and you accept that all information, content, materials, products on the application is protected and secured.
- You acknowledge that you will be responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under Your account and also agree to keep your login credentials safe and confidential at all times. You further agree to promptly inform Us immediately in case of any actual or suspected unauthorized use of Your Account. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision.
- You acknowledge that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of either Kutumba or its respective third-party vendors. The permission given by Kutumba to access the application will not convey any proprietary or ownership rights in the above software/hardware.
- You understand and accept that not all the products and services offered on or through the Application are available in all geographic areas and you may not be eligible for all the products or services offered by Kutumba or third party providers on the Application. Kutumba and such third party providers reserves the right to determine the availability and eligibility for any product or service offered on the application.
- You understand and accept that Kutumba is not responsible for the availability of content or other services on third party sites linked from the application. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Kutumba in any way. Kutumba does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.
- You agree that transactions made through Kutumba Application shall be through your own bank account only and the said transactions do not contravene any Act, Rules, Regulations, Notifications of Income tax Act, Anti money laundering laws, Anti-corruption laws or any other applicable laws.
- You agree that you will not use the application for any purpose that is unlawful or prohibited by these Terms. You also agree you will not use the application in any manner that could damage, disable or impair the application or interfere with any other party’s use, legal rights, or enjoyment of the application. You hereby represent and warrant that you shall make use of the Application as a prudent, reasonable and law abiding citizen and you shall comply with relevant necessary laws.
- Kutumba reserves the right in its sole discretion to delete, block, restrict, disable, suspend your account or part thereof. If the User is found engaging in any fraudulent/illegal activities including but not limited to the following activities i.e abusing any of the representatives of the organization, indulge in fraudulent activities on the Application, using mass media and/or bots to engage with the platform, using mass media and/or bots to malign the organization’s reputation these activities may be referred to appropriate legal authority for a legal recourse.
- Additionally, by continuing using the Application or Services of Kutumba you are confirming that:
- You are 18 years of age or older and where you are acting as Guardian on behalf of a minor, you have the necessary authority to register/sign up for the Services on behalf of the minor. If Kutumba learns that we have collected personal information from a person under age 18, we will delete that information as quickly as possible. If you believe that a person under 18 may have provided us with personal information, please contact us at support@Kutumba.one.
- Alternatively, you can delete the account using the web app to delete all the financial information and family/friend’s information saved on your Kutumba app.
- You shall notify Kutumba of any material change in your personal information and/or profile. Kutumba would rely on the most recent information provided by you.
- You agree to be contacted by Kutumba and its employees and partners over phone and/or E-mail and/or SMS or any other form of electronic communication in connection with your registration, advisory and transactions. You agrees and confirm that if your mobile number is register in the Do Not Disturb (DND) list of TRAI, you may not receive SMS from Kutumba. You agree to take steps to deregister from the DND list and shall not hold Kutumba liable for non-receipt of SMS.
Kutumba is a financial awareness and preparedness tool for you and your family. Currently we do not support auto discovery of the financial assets for our users and hence all the required information regarding the financial assets and family/friends with whom the financial information is shared is manually added by the user with their consent.
Advertisement includes all forms of communications like any information about Kutumba products, services, etc, a form of documents, pamphlets, circulars, brochures, notice or any research reports or any other literature or information, material published, or designed for use in a newspaper, magazine, SMS or other periodicals, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures, telephone directories (other than routine listings) or other public media including any generally accessible websites or emails, whether in print or audio visual form or used in workshop/seminar or public speaking or in any other manner. This also includes social media including but not limited to Facebook, Twitter, Instagram, YouTube, WhatsApp, etc.
You acknowledge that, in the course of your relationship with Kutumba and in using the Services, you may obtain information relating to the Services and/or Kutumba (“Proprietary Information”). Such Proprietary Information shall belong solely to Kutumba and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:
- You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of Kutumba unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.
- You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.
Use and Protection of Intellectual Property Rights
Kutumba Application is protected by copyright, trademarks, patents, trade secret and/or other relevant intellectual property laws. No information, content or material from the Application may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Kutumba’s express written permission. You are hereby given a limited licence to use the Application for your personal and non-commercial use, subject to your agreement of these Terms. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Kutumba Application.
Limitation of Liability, Indemnity, and Warranty
- In no event shall Kutumba or its directors, employees, associates, partners, or suppliers will be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this Application/website or availing any product or services from any third-party service provider.
- You agree to indemnify Kutumba or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Application (ii) non-performance and/or non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions (iii) any act, neglect, misconduct or fraud on your part.
- You warrant that all the details and information provided by you to Kutumba or its directors, employees, associates, partners, or suppliers while using this Application (including for the purposes of carrying out investments) shall be correct, accurate and genuine.
- To the fullest extent permissible pursuant to applicable law, Kutumba and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Kutumba or through the Application will create any warranty or guarantee other than those expressly stated herein.
THE USER AGREES AND UNDERSTANDS THAT THE APPLICATION IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT INCLUDED ON THE APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APPLICATION, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
ALL INVESTMENTS ARE SUBJECT TO MARKET RISKS. READ ALL SCHEME RELATED THINGS CAREFULLY. PAST PERFORMANCE IS NOT AN INDICATOR OF FUTURE RETURNS.
ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE USERS AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY PRODUCTS/SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS US IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Kutumba shall have the right to charge its Users a fee for use of its platform. Kutumba may change fee structure as it determines in its sole discretion from time to time and notice regarding the same shall be intimated to you adequately in advance prior to such change in fee structure. All charges and fees shall be exclusive of taxes and all Government taxes including but not limited to GST shall be payable by you. All charges shall be non-transferable.
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Kutumba shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Kutumba, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
All illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
No failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right.
We may transfer, subcontract or otherwise deal with our rights and/or obligations under these terms without notifying you or obtaining your consent. You cannot assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any third party,
Any dispute, controversy, claims or disagreement of any kind whatsoever between the Parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator appointed by Kutumba, through arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be at New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) Kutumba has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in New Delhi, India.
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.
Modification of Terms
Kutumba reserves the right to change or modify, from time to time, any provision related to the Service(s) or these Terms, which also include, changing of the extent and scope of the Services and/or include any other category, service, facility or feature within the term ‘Service’, at the sole discretion of the Application. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via Application. You can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By using the services provided through this Application, you shall be deemed to have accepted the Terms herein including the amended Terms published on the Application from time to time. Your continued use of the Application following the posting of changes mean that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Application. It is, further, clarified that the User’s use and access of the Application/Service(s) is subject to the most recent version of these Terms made available on the Application at the time of such use.
In accordance with Information Technology Act 2000 and rules made there under the name and contact details of the Grievance Officer are provided below:
Name: Ms Divya Jagadish
Sri Vijayadasaru Software Private Limited
206,16th Main, 24th Cross, Banashankari 2nd Stage, Bangalore – 560070