User Account, Password and Security: You may browse certain sections of the Platform ( i.e.www.rafcapital.in), without completing the User registration process. However, to avail all the Services on the Platform, You are required to set up an account on the Platform by providing such necessary information as may be required by the Company as provided above ("User Account"). You can access the Platform by logging into the User Account with Your credentials.
Exit opportunities: The Platform may enable a service, where You are interested to sell your partnership interest in a specific LLP. In that event any Partner/Third Party interested to buy, the Company may render an offline service to assist you with the transfer process and charge a facilitation fee for the same.
Use of the Platform: Subject to compliance with these Terms, the Company hereby grants You a non-exclusive, limited privilege to access and use the Platform. You agree to use the Platform only: a) for purposes that are permitted by the Terms; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company or other Users.
Intellectual Property Rights: The Platform and the processes, and their selection and arrangement, including but not limited to, all text, reports generated, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) and any information or materials uploaded by the Users or information or materials shared by the Users (collectively, the "User Content") on the Platform is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such User Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the User Content, features or facilities, directly or indirectly, without Our prior written permission.
Indemnification and Limitation of Liability: You agree to indemnify, defend and hold harmless the Company, and its affiliates including but not limited to its (and its affiliates') officers, directors, consultants, agents, representatives and employees ("Indemnitees") from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.
Violation of the Terms: You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.
Suspension and Termination: These Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, Your only recourse is to (i) close User Account on the Platform; and/or (ii) stop accessing the Platform.
General conditions a. The Investment Amount shall be invested in the LLP as capital and loan contribution as described in the shared brochure/information sheet LLP agreement. In consideration for the contribution of the Investment Amount in the form of capital contribution in the LLP, you will be entitled to receive partnership interest in the LLP that is proportionate to your capital contribution, and towards loan contribution. The LLP shall utilise the same to purchase, own and operate the properties in order to earn rental income and long-term gains. b. Signing of the EOI does not guarantee acceptance of your investment into this Investment Opportunity as the Earnest Money is accepted on a first-come-first-serve-basis and is subject to pro-rata allotments. It is clarified that if you are on the wait list, only upon cancellation of other users, will you be given an opportunity in the Investment Opportunity on a first-come-first-serve-basis. c. Once the Investment Opportunity has received EOIs equivalent to / higher than the full value of the Property or to the extent of the minimum subscription that may have been agreed with the seller of the property forming a part of the Investment Opportunity ("Minimum Amount”), prior to / post completion of the Investment Period, we will communicate to you on your selection to invest in the Investment Opportunity. If you are selected, we will notify you and share all the Investment Documents that needs to be executed by you. You are then required to execute the Investment Documents within three (3) days from the date of receipt of such notice from Us. However, it clearly understood and agreed that the Company ( Real Asset Tokenization Private Limited) and its website are facilitator only and the relationship between the Investor and LLP are governed by the terms and conditions executed agreements and documents between them only. d. Once you are selected, you are also required to remit the entire Investment Amount (less Earnest Money) into escrow account within three (3) days from being notified of your selection. e. Note that if we do not receive the executed Investment Documents or the Investment Amount (less Earnest Money) within three (3) days from the date of you receiving notice from us of your selection, then effective from that expiry of such date, your selection shall be stands cancelled. f. In an event: 1. The Investment Opportunity is not fully funded / not funded up to the Minimum Amount: If the Investment Opportunity is not fully funded / not funded up to Minimum Amount during the Investment Period, or the transaction could not be completed due to any reason whatsoever, then the Earnest Money will be refunded to you in full into Your Bank account without any interest or any other penalty from Us. Upon this, we / the Platform / the Company shall have no further liabilities towards you. 2. Cancellation of your selection due to over booking: As stipulated above, we accept the Earnest Money on a first-come-first-serve-basis. In case you are on the wait list and at the end of the Investment Period you are not selected to invest in the Investment Opportunity, then the Earnest Money will be refunded to you in full, without any interest or any other penalty from Us. You can raise a withdrawal request to take back the entire Investment Amount or Earnest Money, as applicable and we/ the Platform / the Company shall have no further liabilities towards you. 3. Cancellation of your selection due to not receiving a response from you within the timeline: As stipulated above, if your selection is cancelled as you were not reachable or you did not execute the Investment Documents or you did not remit the remaining portion of the Investment Amount within three (3) days from the date you are notified by Us (as set out above), then the entire Earnest Money shall stand forfeited by You and will be treated by the Company / Platform as a cancellation fee. You agree that the said cancellation fee is a genuine pre-estimate of damages and losses suffered by Us and fair and reasonable and are not in the form of penalties. 4. Cancellation by you during the Free Look Period: If you opt to withdraw or cancel your investment after executing the EOI, then you shall be free to do so within 7 (Seven) days from the date of execution of the EOI (“Free Look Period”), It is clarified that after the Free Look Period, we / the Platform / the Company shall have no liabilities towards you in relation to repayment of the Earnest Money or any parts there of. 5. It is your sole responsibility to read the terms related to the Investment Opportunity before participating in the Investment Opportunity. You shall be solelyresponsible to comply in all material aspects with all applicable laws andregulations in making this investment. You agree and understand that we do not guarantee any return on the Investment Amount.
