Credvest Pegasus Private Limited (Parking Capital) • User Agreement
This user agreement is an electronic record in terms of Information Technology Act, 2000 (Act) and rules thereunder, as applicable and is published in accordance with the requirements of the Act and the rules notified thereunder. By browsing and using this Website, it is deemed that you have consented to the terms and conditions set out herein and are bound by the terms and conditions set out herein. In the event you do not agree to the terms and conditions set out herein, please refrain from using this Website.
The use of the Website is offered to you conditioned on your acceptance of all the terms and conditions contained in this User Agreement. Upon your acceptance, this User Agreement shall be effective and binding upon you and you shall not claim invalidity of this User Agreement merely on the grounds that this Agreement is being concluded electronically. You hereby further agree that this User Agreement is being concluded and executed at State of Karnataka.
All users are requested to carefully read the terms and conditions set out herein for the use of the Website which is owned and operated by Credvest Pegasus Private Limited, a company incorporated under the laws of India with its registered office at 12, HAL Old Airport Rd, near Domlur I Stage, 1st Stage, Domlur, Bengaluru, Karnataka 560071.
In this policy, the term ‘Website’ refers to www.parkingcapital.in; the terms ‘we’ or ‘our’ or ‘us’ refer to Credvest Pegasus Private Limited (Parking Capital), the company owning and managing the Website; and the term ‘you’ or ‘your’ refers to the user who uses our Website or registers on our Website for himself / herself or is validly authorised on behalf of any other person (whether natural person or legal entity) to use and access our Website for benefit of such other person. In the event you are accessing or using this Website on behalf of some other person, we shall assume that you are duly authorised by such person. In the event you do not have sufficient authorisation to share such information with us, you shall be solely responsible for your acts and omissions.
You agree and confirm that you are competent to enter into this agreement and agree to give us the right to terminate this User Agreement if it comes to our notice that you do not have adequate authority and capacity to enter into this User Agreement.
While we take all reasonable care in preparing and updating the information on this Website, we and our Associates (defined below) do not represent or warrant (either express or implied) the accuracy, reliability or completeness of any of the content on the Website including any reports or documents provided to you. You acknowledge and accept that the Website’s content may include errors. You further acknowledge and accept that you shall use this Website and our services solely at your own risk and the content provided on this Website is on “as is” and “with all faults” basis. Neither we nor our affiliates, associates, employees, officers, directors, advisors, licensors or any other person acting on our behalf (Associates) shall be liable or responsible to you in respect of your usage of the Website and its content. Further, we and our Associates disclaim all liability and warranty in relation to the Website and provision of other related services, whether express or implied, including in respect of the title and information on our website. We and our Associates disclaim all liability (including special, indirect or consequential loss) for loss directly or indirectly arising from: (i) your use of, or reliance on, the Website or the Website’s content and related services; (ii) unauthorised use or access to our servers; (iii) interruption or cessation of transmission to or from our server.
We provide no guarantee that access to the Website will be available or that the Website is free from viruses or anything else which may damage any computer which accesses the website. We may, from time to time, restrict access to any part or whole of the website in our discretion for any reason whatsoever including to prevent the spread of virus or security breach or in case of non-compliance with the terms of this User Agreement by you or any other person. Any content downloaded or otherwise obtained through the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such content.
The Company and / or its licensors own the intellectual property rights in the materials provided to you on and through this Website. You are granted only a non-exclusive, limited and non-transferable right to access and view the content of this Website in accordance with the terms and conditions mentioned herein. You are not permitted to copy, sell or distribute or otherwise deal with the content on the Website without our prior written consent or to the extent expressly permitted by us. However, nothing contained in this User Agreement shall be interpreted to give you the license to use our trademarks and tradenames in any manner whatsoever.
You agree to not use this Website and its services for any purpose that may, in any way, give rise to any liability for us or constitute a criminal offence.
You agree to not use this Website and its content in any manner that is: (i) unlawful, fraudulent, harassing, abusive, harmful, libellous, threatening, harmful, vulgar, obscene and otherwise objectionable material; or (ii) for gaining access to restricted parts of this website or any other computers or computer servers of other users, third parties; or (iii) for violating other users’ or third parties’ privacy; or (iv) disabling or avoiding any security device or attempting to probe or test the vulnerability of a system or network or interfering with the computer network by way of sending viruses etc. ). Further, you shall not, either directly or indirectly: (i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (ii) access the Website in order to build a similar or competitive service; (iii) copy, reproduce, distribute, republish, download, displayed, post or transmit in any form or by any means, any content of the Website (iv) use the Website in any way that causes, or may cause, damage to us, the Website, its users or impair the availability or accessibility of the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (v) use the Website for any unauthorized purpose, or in violation of any applicable law or the User Agreement; (vi) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain access to another user’s account, or private information from any user; (vii) infringe upon our intellectual property rights or similar rights of any third party; (viii) post, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, trojan horse or other code with malicious, disruptive and/or destructive features, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including the Website; (ix) use any robot, spider, scraper, sniping software or other automated means to access the Website for any purpose; (x) do anything that is detrimental to us or the Website or is not in accordance with the legitimate objectives of this Website.
You agree to not abet and encourage any person to do any of the actions stated above.
The Website and its content is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to their respective laws.
You also agree to provide accurate and complete information about yourself as prompted by our registration form or any field on the Website. If you provide any information that is untrue or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to believe that such information is untrue or incomplete, we have the right to suspend or terminate your account and refuse further access to our services.
As a condition of your use of the Website, you agree to indemnify and hold us and our Associates harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees), as incurred, arising from your use of the Website or related services or from your violation of the provisions of this User Agreement or breach of applicable laws.
The disclaimers provided on this Website in respect of each investment opportunity (refer to the Disclaimers tab in each investment opportunity in the ‘Investments’ section) shall be deemed to be incorporated in this User Agreement by reference and shall be considered to be a part of this Agreement. Nothing contained on this Website shall be relied upon as a promise or representation as to past or future performance. The Website may contain forward-looking statements. In some cases, you can identify forward-looking statements by reference to terms such as "may," "will," "should," "believes," "targeted," "projected," "estimates," "predicts," or other such terms. Forward-looking statements are subject to various risks and uncertainties; neither we nor our Associates provide any representation and warranties in respect of such statements. Neither we nor our Associates assume any liability in respect of the accuracy and completeness of such statements. We are also not liable to update, rectify or modify any such statements or any other content on this Website. Past performance of any opportunity listed on this Website is not necessarily indicative of its future performance. Neither us nor our Associates guarantee or assure any return under any of the opportunities listed on this Website.
Parking Capital or its Associates does not give any investment advice or recommendation in respect of the opportunities listed on the Website or for subscription to the securities and under no circumstances should the information on this Website be used or considered or deemed as an offer to sell or the invitation or solicitation of an offer to buy any product / investment opportunities or service offered by us. Investments made in the investment opportunities listed on this Website are subject to significant risks included market risks, drop in the value of the property, inability to sell the property, change in applicable laws which adversely impact the property etc. and accordingly you should seek professional advice from your advisors before making such investments and you should exercise prudence in respect of making such investment decisions – we shall not be responsible or liable in any manner for such risks. You understand and acknowledge that an investment in real estate assets is speculative in nature and involves a high degree of risk, including the risk of loss of capital. An investment in real estate asset is suitable only for investors who fully understand and are capable of bearing the risks of an investment in real estate assets. An investor should only invest in real estate assets as part of an overall investment strategy, and only if the investor is able to withstand a loss of its investment. No guarantee or representation is made by us that you will achieve your investment objectives or will receive a return of your capital. Investment opportunities posted on this website are "private placements" of securities of a private company or by way of interests in limited liability partnership, are subject to lock in period requirements, and are intended for investors who do not need a liquid investment.
We shall also not be responsible in case of “phishing” or similar fraudulent scams. In order to mitigate the chances of such scams, ensure you are visiting the authorised url of our Website; you check for affiliation of officers with us; you don’t share your password with anyone; and ensure that emails you receive are from the address @Parkingcapital.in.
When the company wishes to investigate a malfunction of the Website or any breach of these terms and conditions by you or any other person, it may employ different mechanisms for assistance and you agree and confirm to co-operate with such investigation without any restrictions.
You agree that, for any payments done using our website, we are not responsible for the money movement or lack of it or freezing of money between your bank and the payment partner. You agree that we are not responsible for the ways in which the payment partner could use the data they might share with them, while doing a payment.
We do not authorise a transaction unless we receive a confirmation from the payment partner about a given payment and you agree that we are in no way responsible for co-ordinating the transaction. You agree that we have a right to restrict your access to our Website, if we get a notice from our payment partners that a suspicious or fraudulent activity is taking place from a device or from you. You agree that the onus of proving that transactions or activity was not fraudulent shall be on you.
You agree that you will only use the payment information, like credit cards/debit cards/UPI id that is your own and/or that you are legally authorised to use.
Please access our Privacy Policy. The privacy policy shall be deemed to form an integral part of this agreement by reference. By consenting to the terms of this User Agreement, you agree to be bound by the terms of the privacy policy as well.
References on this Website to any names, or services of third parties, or hypertext links to third party websites or information or content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties. If you decide to visit the websites of any such third party sites, you do so entirely at your own risk.
When you access and use the Website, you may also be using the services of one or more of our affiliates or third-party service providers (e.g. GooglePlay, Apple iPhone Store, Windows Store etc.). The use of these services by you shall be subject to specific documentation agreed with such parties, and you hereby explicitly agree to comply with the same.
You may have to use a third-party payment gateway to make payments to us, or to other vendors through the Website. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor, in addition to this User Agreement, and you hereby explicitly agree to comply with the same.
This agreement is governed by the laws of India and subject to the paragraph below, courts in Bangalore, India will have jurisdiction.
Any dispute arising out of or in connection with or in relation hereto shall so far as possible, in the first instance, be amicably settled by and between the parties. In the event of disputes, claim/or differences which are not being amicably resolved, such disputes shall be referred to arbitration wherein each party shall appoint one arbitrator each who shall then jointly appoint the third arbitrator. The arbitral proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time, or rules made there under. The seat and place of arbitration shall be Bangalore, India.
If any provision of this User Agreement is determined to be void or unenforceable under applicable laws, such provisions shall be deemed amended or deleted to the extent necessary to conform to applicable laws and the remaining provisions of this User Agreement shall remain valid and enforceable as applicable at the time of its execution.
You hereby covenants to keep us and our Associates from all damages, liabilities, demands, costs, expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, legal and other professional fees, cost and expenses, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation)) arising due to breach of this User Agreement by you or any person acting on your behalf or on account of violation of applicable laws.
This agreement can be terminated by us, at any point of time, thus ending the relationship formed via this agreement, with or without a cause or notice. Once the agreement is terminated by us, your access to the website shall cease and will not include any or all services that were given to the user prior to the termination.
Company shall not be liable for the termination of agreement or termination of services, to any user or any third party. It is not mandatory for the company to explain the user why their agreement was terminated but the causes could include any order from the government or the court, user’s breach of terms specified in the agreement including non-payment of monetary sum owed to the company or a reasonable suspicion on part of the company that a user has breached the terms and conditions of this agreement.
In case of execution of definitive agreements by you with us in respect of the investment opportunity (such as expression of interest, subscription agreement etc.), if this User Agreement conflicts with the provisions of such definitive agreements, the provisions of the definitive agreements shall prevail.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. The updated User Agreement shall be posted on the Website so that it is always available to you; however, in case of substantial changes to this User Agreement, we shall notify you in accordance with applicable laws through your email id provided to us.
You agree that we are authorised to call/SMS/e-mail you despite your registration with the National Do Not Call or Do Not Disturb services.
In the event of any disputes or grievances, you may write to our grievance officer at [email protected]. The grievance officer shall take cognisance of the matter and undertake steps to resolve the matter in accordance with provisions of applicable laws.