Terms of Use | Batuk

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The document serves as an electronic record under the purview of the Information Technology Act, 2000, and its subsequent amendments, along with relevant rules and amended provisions concerning electronic records across various statutes, as influenced by the Information Technology Act, 2000. This electronic record originates from a computer system and does not necessitate any physical or digital signatures.

Prior to registering or utilizing the app (“Batuk”) or the website www.batuk.in, which are respectively registered under the company names Bharat Batuk Private Limited, duly incorporated under the Companies Act, 1956, as amended in 2013, users are advised to carefully review the terms of use. The terms and conditions delineated herein constitute a legally binding contract (“agreement”) between the user or customer (“you”) and Bharat Batuk Private Limited, with its registered office located at [registered office address] and its business or corporate office situated at [business/corporate office address].

By registering or logging into the relevant web portal or application, users automatically acknowledge and agree to the terms and conditions outlined in this document. It is emphasized that these terms and conditions are subject to periodic amendment or revision, as necessitated by changes in laws, statutory requirements, or company policies. By continuing to use the app or web portal, users are deemed to have acknowledged, accepted, and agreed to any such modifications or amendments made to the policy over time.

The company reserves the right to amend the terms and conditions at any time by posting an updated version on the website, through pop-ups, and/or on the mobile app. The updated version of the terms of service becomes effective immediately upon posting. Users’ continued use of the app following the posting of changes indicates acceptance and agreement to the amended provisions, which may include additional terms, removal of portions of these terms, or other modifications.

Definition:

“Batuk” – means Bharat Batuk Private Limited, Batuk App, Batuk Web Portal, any duly authorised representative/officer

“We,” “us,” “our” – refers to Bharat Batuk Private Limited/Batuk App/Batuk Web Portal

“You,” “yours,” “Yourself,” “User”,”Customer” – refers to any individual/person, non-registered individual or corporate body, registered user of the app, including but not limited to users of services provided by Batuk.

Purpose of this Document:

This document outlines the terms and conditions governing the provision of Batuk services to users. It specifies the nature of our service, usage guidelines, and other regulations governing our relationship with users.

Applicability:

These terms apply to anyone who visits the Batuk Platform or creates an account on it (“users” or “you” or “yours” or “yourself”).

Importance:

By accessing or using the Batuk Platform, users are bound by these Terms & Conditions. Users acknowledge our rights and agree to adhere to the obligations outlined herein.

Should you read the entire document?

Absolutely. These Terms & Conditions constitute a legally binding agreement. Therefore, it is essential to read them carefully before using the Batuk Platform. 

Can these Terms change?

Yes. We reserve the right to revise these Terms as needed and update the Batuk Platform periodically. You will be intimated accordingly and kept informed. Your continuous usage shall be treated as a consent to these updated or amended terms of use. If you disagree with any part of these Terms, you may cease using the Batuk Platform immediately.

Can you raise a concern?

Certainly. If you have any queries or concerns regarding these Terms or the Batuk Platform, please contact our Grievance Officer (grievance@batuk.in).

OUR SERVICES

We aim to make the batuk platform a user friendly, digital gateway, a fintech platform to enable users/customers to gain access to multiple financial products and services such as buying and selling of digital gold and silver, investment products, loan products and proprietary products such as will creation and tax filing etc, and also endeavour to add more innovative products for the users/customers. To create an account, you must be at least 18 years old legally competent and KYC Compliant as per the prevailing rules and regulations.

Nature of our service:

We facilitate savings and investments in third-party financial products listed on the Batuk platform, providing features to track your savings and investments and other proprietary fintech enabled services.

Eligibility:

You may use our services only if you are 18 years of age or older and legally capable of entering into a contract. You must not be incapacitated under the Indian Contract Act, 1872.

Creating a Batuk account:

While the batuk platform is user friendly, to access the Batuk Platform, you must create a Batuk Account. We require your mobile number for authentication via a one-time password. Additionally, we may request your name, email address, age, residential address, and other necessary information as may be required for KYC norms and regulations.

Disclaimer:

We are a facilitator only, we bridge the gap between the user and the product/service provider. Batuk does not handle any payment into their bank account, the entire transaction is routed through the respective bank account of the service provider. Therefore, only being a facilitator or an intermediary, Batuk ceases to take responsibility or provide any kind of warranties or securities which is therefore at the sole cause and risk of the customer.

For any related risk or loss or otherwise the user may direct or initiate their grievance or action as appropriate at their sole cost and risk against the product or service provider and shall hold them liable or responsible directly and that the user undertakes, accepts and agrees that Batuk platform is only a facilitator and therefore can not be held responsible.

We share your information and documents to our partners through secure channels. However, in case of unauthorized access or any security breach, we assume no liability or responsibility for the disclosure of your information or documents to third-parties. 

Please read the terms of our partners on their respective websites carefully before investing. We are not responsible for their actions or products.

KYC verification:

Before investing, we conduct Know Your Customer (KYC) verification as per applicable law and our various partners listed terms and conditions. We may request documents such as PAN card, Aadhar card, occupation, salary details, or other necessary information.

Deposit of funds:

Funds for savings or investments can be transferred using various payment modes available on the Batuk Platform. User funds are directly transferred/transmitted/deposited into the bank account of our partners.

Withdrawal of funds:

Subject to KYC verification and partner terms, users may withdraw investments. Withdrawal requests are forwarded to the partner, who deposits funds into the user’s registered bank account within the time frame defined by the partner. The funds you transfer or request to withdraw using the Batuk Platform are processed by your bank, our partners, and their respective banks and payment intermediaries. We are not responsible in case there is a delay in the transfer of funds or in delivering the financial product you subscribed for.

Acceptance to partner terms:

Each financial product is provided by a partner, with its own terms. Users are responsible for understanding and adhering to these terms.

Disclaimers:

Our services do not constitute any investment advice, we are only facilitators. We disclaim liability for investment losses. 

Privacy and Data Protection:

Our privacy policy (available at Privacy Policy ) explains how we treat your personal data and protect your privacy when you use our services. By accessing or using the Batuk Platform, you agree that we can use such data in accordance with our privacy policy.

INTELLECTUAL PROPERTY

All content and services on the Batuk Platform are our intellectual property and protected by law. You cannot duplicate or commercially exploit it in any manner.

  • Ownership:

The Batuk Platform and our services are owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of our services and the Batuk Platform is our intellectual property and developed in-house and is protected under applicable laws.

  • Limited license:

We give you a limited, non-transferrable, non-sublicensable and revocable license to access the Batuk Platform, and avail our services for your own personal and lawful use only.

  • No misappropriation:

Users must not tamper with the Batuk Platform or violate intellectual property rights. Users are banned from copying any features/specifications/elements, if done so shall be liable to strict legal action at their sole cost and risk. You agree not to remove, obscure, or alter the Batuk Platform or any third party’s intellectual-property affixed or contained on the Batuk Platform. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Batuk Platform, our services, features or facilities.

THIRD-PARTY CONTENT AND ADVERTISEMENT

We may display offers or links from third parties, but do not endorse or warrant their products.

Referrals: 

Users are encouraged to refer others to the Batuk Platform and may receive rewards for successful referrals from time to time as per the program offered.

TERMINATION

We reserve the right to suspend or terminate services and access to the Batuk Platform under certain circumstances. However, it is clarified that your account holdings/savings/investments with the partner or service provider shall remain intact and in such an event, you may be required to connect with these product/service providers. 

You acknowledge and agrees that the Company may, at its sole discretion, without notice, suspend or terminate its services and your access to the Batuk Platform, if:

  • You engage in any conduct or activities that the Company, in its sole discretion, believes to be violative of these Terms, or is otherwise inappropriate for your continued access to the Batuk Platform.
  • We learn that the user is dead, bankrupt, or lacks legal capacity to avail our services.
  • We are required to do so by applicable law.
  • Our partner Gold Supplier, with whom you availed the financial product, has terminated its relationship with you or has recommended us to block you.
  • The provision of our services to You is no longer commercially viable or feasible for us.
  • If your KYC has been found to be faulty or suspicious 
  • If you are found to be using or accessing third party bank accounts or payment instruments.
  • If it is found that you have concealed important/regulatory/lawful information/details.

INDEMNITY

You agree to defend, indemnify and hold the Company, its group entities, vendors, business partners, associates, directors, officers, and employees harmless from any and all claims, loss, liabilities, damages, costs, action, expenses or any liability that they may suffer from your violation of these Terms or your unauthorized use of the Batuk Platform or any loss arising out of IPR/Trademark etc violation.

GRIEVANCE REDRESSAL

Any complaints or concerns with regards to the content on Batuk Platform, our services, or your disagreement to these Terms, shall be immediately informed, with all the relevant details, to the designated Grievance Officer through email to: grievance@batuk.in

Our Grievance Officer will take note of your query or complaint as soon possible. You acknowledge that this process might take some time and agree to not hold us liable for any reasonable delays. We will get back to you as soon as possible.

GOVERNING LAW & JURISDICTION

Applicable law: The Batuk Platform, our services, these Terms, and all transactions entered on through the Batuk Platform between the user and us will be governed and construed by the applicable laws of India.

Jurisdiction: You agree that all claims, differences and disputes arising under these Terms or from your use of the Batuk Platform are subject to the exclusive and competent jurisdiction of the courts in Delhi. However, if the Company thinks fit,

it may institute proceedings against you in any other court or tribunal having appropriate jurisdiction based on the profile of the user/customer.

FORCE MAJEURE

The Company is not liable for disruptions beyond its control. Without limiting anything in these Terms, under no circumstances shall the Company be held liable for any damage, loss, or suspension of services on the Batuk Platform, resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, or any other government regulations, change in governing laws, or interference by government agencies/bodies, floods, pandemic, lockdowns, storms, electrical failure, civil disturbances, riots.

LIMITATION OF LIABILITY

The Company accepts no liability whatsoever, direct or indirect for non-compliance with the applicable laws of any country other than that of India. In case the Batuk Platform is accessed or used, or any of our services can be availed from a country outside India, it will not obligate us to comply with the laws of such country or jurisdiction.

Timelines to make a claim: To the extent permitted by applicable law, any claim or cause of action arising out of or related to the access or use of the Batuk Platform, our services, or these terms must be filed immediately upon the knowledge of the user/customer, any delay beyond the reasonable extent shall be treated as deemed waiver and any claim thereof shall stand forfeited. 

MISCELLANEOUS

Notices: We will send notices and communications to you via. e-mail, letter, telephone, SMS, or any other means that we deem fit, to the address available in our records. The notice or communications will be deemed communicated once it is delivered from our personnel or automated systems. We may also, at our sole discretion, publish notices of general nature, which are applicable to all users and have the same effect as a notice served individually.

Dispute resolution: If any dispute arises between the user and the Company, in connection with validity, interpretation, implementation or alleged material breach of these Terms or the use of the Batuk Platform, both parties will shall endeavour to settle such dispute amicably. In case of failure to resolve the dispute, the courts at New Delhi shall have sole jurisdiction upon the same.

No Waiver: Unless waived or specifically agreed in writing by the Company, no action or inaction by us under these Terms will constitute a waiver of our rights or remedies available to us under applicable law.

Severability: If any provision of these Terms is determined to be legally unenforceable or invalid, the remaining provisions will continue in effect. The Company will substitute a provision that most closely approximates the effect and intent of the invalid provision.

Assignment: You cannot assign or otherwise transfer these Terms, or any rights granted here to any third-party. Our rights, however, under these Terms are freely transferable to any third party without the requirement of seeking your consent.

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