Terms & Conditions

These Terms and Conditions ("Terms") constitute a binding agreement by and between Fincentiv Solutions Private Limited ("Website Owner", "we", "us", or "our") and you ("User", "you", or "your"). These Terms relate to your use of our platforms, including but not limited to Incentiv (https://incentiv.finance/) and Tabulate (https://tabulate.so/), and their respective tools, goods, and services (collectively, "Services").

By using our platforms and availing the Services, you agree that you have read and accepted these Terms (including the Privacy Policy). We reserve the right to modify these Terms at any time and without assigning any reason. It is your responsibility to periodically review these Terms to stay informed of updates.

The Terms of Use shall be considered as part of any agreement, the reference to which shall be made in that agreement, and shall be read along with the terms and conditions of that agreement. In the event of a conflict between the terms of such agreements and the Terms of Use, the terms of such agreements will prevail and govern so long as they relate to matters specifically referenced herein and this Terms of Use will apply with respect to all other matters.

1. Information about us and the platforms

The platforms are owned and operated by Fincentiv Solutions Private Limited ("we/us/our"). We have been incorporated under the Companies Act, 2013 under CIN U74999KA2022PTC165578 having its registered office at 233, 3rd Main Road, 8th Cross, New Thippasandra, Jagadish Nagar, Bangalore 560075.

The Incentiv platform enables early-stage, growth-stage and established start-ups to display their shares that they would like to off-load in the secondary market or display their business ideas and run a fundraising campaign on the Website, and facilitates potential investors to decide regarding investing in such ventures. The Website also provides the startups and the potential investors with such other information and service as are necessary or incidental to the principal activity described here.

2. Access to the Website

By accessing the Website, you agree to these Terms of Use and the Privacy Policy set out. The access to certain sections of the Website is conditional upon our acceptance of you as a "member" or "issuing company" or "issuer" on the platform. We reserve the right to withdraw or amend the Services being provided to you through the Website without any notice. We will not be liable if for any reason our Website is not available to you at any period of time. Further, we have the right to restrict your access to the whole or part of the Website.

All rights that are not expressly granted to you are reserved under these Terms of Use.

3. Registration and Membership

If you are interested in exploring opportunities of investing in the issuer companies seeking to raise funding through the platform or issuer companies looking to off-load their shares, in order to have full functionality of the Website, you will have to register as a "member" on the platform. The terms of registration including eligibility criteria and rights after becoming a member are available on our Website, and you may view them once you become a member of the platform. In case of a conflict between the Terms of Use and the specific condition governing membership of the Platform, the specific conditions of membership shall prevail.

If you are interested in running a secondary market transaction or a fundraising campaign through the Platform, in order to have full functionality of the Website, you will have to register as an "issuing company" or the "issuer" on the platform. The terms of registration including eligibility criteria and rights after enrolling as an "issuing company" or "issuer" are available on our Website. In case of a conflict between the Terms of Use and the specific condition governing your status as an "issuer company" or "issuer" on the Platform, the specific conditions applicable to "issuer company" or "issuer" shall prevail.

4. Password to the Website

Upon completion of your registration to the Website, and upon reasonable satisfaction of our understanding of your engagement with us, an OTP to the email ID specified by you shall be provided. That OTP confirmation will allow you to participate in the fundraising campaign in which you have evinced your interest.

You agree not to provide your username and password information to any other person other than with us. You agree to keep your password secure. You are fully responsible for any loss or damage resulting from your failure to protect your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of the security.

You agree that we shall not be liable for any loss or damage arising out of our failure to keep your password secure.

5. Representations and Warranties of Users

You are entering into these Terms of Use on your own behalf or on behalf of the entity for whom you are acting provides a representation that you agree to abide by the Terms of Use or such other agreements that you may enter into while browsing through the Website. You agree to stop using the Website, and inform us of any violation of law that may stop you from using our Website.

You represent that all the information provided by you is true, correct, and accurate and you shall inform us of any change/ amendment in such information from time to time.

You shall not host, display, upload, modify, publish, transmit, update or share any information that: (i) belongs to another person and to which you do not have any right to; (ii) is grossly harmful, harassing, libellous, invasive of another's privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, otherwise unlawful in any manner whatsoever; (iii) harms minors in any way; (iv) infringes any patent trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with friendly states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

You agree and understand that you shall not sell your access to the Website. You shall not transmit any unnecessary information or unwanted electronic communication viz. spam to other members of the platform. You will not misuse your right to the Website by introducing viruses, trojans, worms, or other material likely to cause harm to the Website and shall indemnify and keep us indemnified in case any action is initiated against us due to any loss, injury, expenses or liability caused to any other user of the Website or any third-party. You shall further not gain any unauthorized access to the Website or on any other source to our Website.

6. Our rights in relation to the Website

We have the right to discontinue or change our Services at any time and shall not be liable for the same.

We shall delete your account or cancel access to the Website for any reason whatsoever, at any time at our discretion. We shall also suspend or limit your access to the Website as and when may be considered necessary. For the aforesaid, we shall make all reasonable efforts to notify you and inform you of such an action and the reasons thereof, in any.

We shall disclose such confidential information as may be provided by you or such other details about yourself as may be necessary to satisfy any governmental department or authority under applicable law or to any third-party in accordance with the terms of the Privacy Policy.

With reference to the above actions, you agree and understand that we shall not be liable for any claim based on any termination, suspension or any of the aforesaid actions taken by us in relation to your access to the Website.

7. Intellectual Property Rights

When you visit our Website, we give you a limited license to access and use our information for personal use.

You are permitted to download the information available on the Website to any instrument for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary details. You shall not use our information for any other purpose other than for the aforesaid. You agree that any use of the proprietary information displayed on the Website shall infringe our intellectual property rights for which you shall indemnify us.

We have copyright on all the contents displayed on the Website including graphics, logo, sound recordings and software that is either owned or licensed to us other than any third-party contents which are specifically identified as such. Any infringement of our intellectual property rights shall be governed by the applicable law in India.

8. Linked Websites

You may be able to access and view third-party websites through this Website. The links are provided for your convenience only and may not be updated at all times.

We do not endorse, review, control or examine third-party websites and we are not responsible for any content posted on such third-party websites. You understand that the inclusion of links on the Website is not intended as an endorsement or recommendation of any linked website or content of such website.

You agree that your access to any third-party website is governed by the terms of use of that website, and has no relation to the Terms of Use of the Website. You agree and understand that it is your responsibility to comply with the terms and conditions of that website as well.

9. Disclaimers and Limitation of Liability

You agree and understand that the use of the Website is at your own risk. The Website is being made available to you on an "as is" and "as available" basis without providing any warranties, guarantees or conditions as to the usage being free from any faults, defects, interruptions, errors, viruses or to the accuracy, reliability, availability of content. You agree and understand that we shall not be responsible for any interference or damage that may be caused to your computer resource which arises in connection with your access to our Website.

You also agree and understand that the information displayed on the Website is for information purposes only and does not amount to any advice.

To the extent permitted by applicable law, we disclaim our liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect, deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records, whether due to breach of the contract, negligence, tort or due to other cause of actions.

Further, we shall not be responsible for any loss of profits, goodwill, revenue, consequential, exemplary, punitive damages or any financial or indirect loss.

Notwithstanding anything in the Terms of Use, the total liability for damages actually incurred by you shall be limited to Rs. 1, 00,000 (Rupees One Lakh Only). The aforesaid applies to all liabilities in the aggregate, including but not limited to, liabilities arising out of the use of the Website, any other subject matter arising out of or in relation to the use of the Website.

Important Regulatory Disclaimer: Any transaction in securities that companies may offer or conclude with any other member of the platform shall be offered, issued, allotted or transferred in strict compliance of all applicable laws including but not limited to private placement rules under applicable securities laws. Our platform has an internal mechanism to restrict the number of Investors that view the detailed profile to 200 by default thereby making it compliant with the applicable laws. However, it shall be the company's responsibility to comply with the provisions of applicable laws including the Companies Act, 2013 and the private placement rules thereunder.

10. Indemnity

You hereby agree to indemnify and hold us harmless from and against any loss, damage, expenses, liabilities or claims arising out of or in relation to your failure to comply with the Terms of Use or any misstatement or breach of any representations or warranties made by you under the Terms of Use or under any conditions on the Website accepted by you.

11. Governing Law and Dispute Resolution

Governing Law: The Terms of Use shall be governed by and construed in all respects in accordance with the laws of India and subject to arbitration, the courts of Bangalore, Karnataka shall have exclusive jurisdiction.

Arbitration: Any dispute or claim under the Terms of Use shall be referred to and finally and exclusively resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be held at Bangalore and all proceedings in any such arbitration shall be conducted in English.

12. Miscellaneous

No partnership or agency: The Terms of Use shall not be construed so as to create a partnership or joint venture between you and us.

Severability: Each and every obligation under the Terms of Use shall be treated as a separate obligation and shall be severally enforceable as such in the event of any obligation or obligations being or becoming unenforceable in whole or in part.

Contact Us

If you have any questions about this Privacy Policy or Terms of Use, please contact us at:
support@incentiv.finance