- Introduction
By using the Oister Global (defined below) website available at www.oisterglobal.com or any of its subdomains, and any other linked pages, features, content, or any other services we offer from time to time in connection therewith (the “Website”), you are accepting these terms and conditions for use of the Website (“Terms of Use”) and thus agreeing that you will abide by these Terms of Use and any other terms displayed on the Website (collectively, the “Agreement”). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE OF THE WEBSITE IMMEDIATELY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
The Agreement is between Oister Global Investment Platform Private Limited and the entities of Oister Group (wherever applicable) (“we” or “our” or “Oister Global”) and
- you on your own behalf as an individual, and
- the entity on whose behalf you are accessing and using the Website and Services (as hereafter defined), whether as an employee, associated person, independent contractor, agent, or in a similar representative capacity ((a) and (b), collectively “you” and “yourself”), and governs your access to and use of the Website and the services and products offered by us thereon (collectively, the “Services”).
For purposes of these Terms of Use, “Oister Group” means and includes Oister Global, Lumis Labs Fund, AltFirst India Fund, and each of their respective affiliates, associate companies, subsidiaries and joint venture companies.
Jurisdiction: Access to the Website and Services is only available to persons resident in India, as such term is defined under the Foreign Exchange Management Act, 2000, as amended (“FEMA”). The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations, do so on their own initiative, at their own risk and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. You hereby consent to the exclusive jurisdiction of courts in Delhi regardless of your location.
Representations and Warranties: You represent and warrant that:
- you are at least 18 (Eighteen) years of age;
- you have the right, power, authority, and capacity to enter into and be bound by this Agreement on your own behalf or on behalf of any entity including company, limited liability partnership, trust or other legal entity for whom you are acting and to abide by all the terms and conditions contained herein. In the event you are acting on behalf of another entity, “You” and “Your” as used in this Agreement shall refer to such entity;
- you are a resident of India, as such term is defined under FEMA; and
- you will comply with all applicable laws and regulations.
Governing Law: These Terms of Use are published in compliance with, and is governed by the provisions of applicable Indian laws, including, but not limited to, the Indian Contract Act, 1872, as amended, and the Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, each as amended, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as amended.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right to modify these terms at any time. Please check these terms periodically for changes. Your continued use of this website after the posting of changes constitutes your binding acceptance of such changes.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 (together with any statutory amendments or modifications thereof). This electronic record is generated by a computer system and does not require any physical or digital signatures. Subject to applicable law, you hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
- General Requirements
You are undertaking not to:
- Violate this Agreement or any law, rule or regulation;
- Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Trick, defraud, deceive or mislead us, such as by disguising the source of materials or other information you submit to the Website or using tools which anonymize your Internet protocol address to access the Services;
- Interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Website or Services of other users or any host or network;
- Disparage, overburden, tarnish or otherwise harm us, the Website and/or the Services;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
- Use, misuse or misappropriate the Website to develop, or to assist anyone in developing a competitive Website, service or for other competitive purposes;
- Expect us to provide investment advice or recommend any investment;
- Treat any Content, email or other information you receive as a result of your access to or use of the Website or the Services as a recommendation or representation of any kind by us, any affiliate of ours or any employee, officer, director, representative or other agent of any of the foregoing (each a “Company Person”) on which you should rely unless such information has been expressly identified as created by a Company Person. “Content” means any information, and all source code, databases, functionality, software, website designs, audio, video, text, graphics, photographs or other materials uploaded, downloaded or otherwise appearing on the Website or the Services;
APIs available through the Service: We may make available one or more APIs for interacting with the Services. Your use of any third-party API on the Website is subject to this Agreement and such third-party API rules.
- Security Measures
Website Security
- DDoS & Web Application Security: We use industry leading Web application firewall (WAF) and Distributed Denial of Service (DDoS) measures to thwart any attacks against our public servers and Website. Our security team continuously tunes these prevention capabilities to block emerging and on-going threats.
- Penetration Testing: We regularly perform internal and external/third party ethical hacking/penetration testing exercises on our Website to identify and fix security issues, before hackers do.
- Vulnerability Management Program: We adhere to a vulnerability management program internally to prioritize any security issues and their fixes with defined SLAs.
Basic Web Safety
- Our website is protected with SSL/TLS to provide a strong encryption layer, so you can access it securely. To mitigate the risk of visiting fake websites that are designed to look like our website, also known as “website spoofing”, please always check that you are visiting www.oisterglobal.com.
- Email spoofing is commonly used by scammers to make it look like phishing attempts are coming from a trustworthy source. We will only ever contact you using email domains ending with oisterglobal.com. Always exercise caution and pay close attention to email domains to avoid interacting with suspicious senders, especially those asking for your private information.
Steer clear of social engineering and phishing:
We never initiate contact with our users with requests for information about your Account. You should avoid responding to unsolicited direct messages and emails. Be vigilant with any requests for information. If you think a scammer/fraudster has messaged you or if you are not sure if a contact from Oister Group is legitimate, message us immediately.
- Reservation of Our Rights
- Right to Control Content: Any Content on the Website (including Your Content) may be deleted by us at any time without notice to you, including updation, modification or deletion of any material or other investment opportunity related information provided on the Website.
- Right to Terminate User Access: We reserve the right to terminate your access to and use of the Website and the Services without notice and, if you violate this Agreement, to pursue other remedies at law or in equity, provided that we shall, in such a case, provide to a user who has invested in a fund or other financial product offered on the Website all investor information collected by us through the Website and our Services that is required under applicable law via a durable medium.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, rule, regulation, legal process or governmental request, (b) enforce this Agreement (including investigation of potential violations hereof), (c) detect, prevent or otherwise address fraud, security or technical issues, (d) respond to user support requests, and/or (e) protect our rights, property or safety or the rights, property or safety of our users and the public.
- Privacy and Protection of Personal Information
We value your privacy and security. Please review our Privacy Policy to learn more about how we collect and use information about you via the Website. The Privacy Policy explains how we process your personal information and protects your privacy when you access the Website and use the Services. By using the Website, you agree to be bound by our Privacy Notice and the service-specific terms of use, which are incorporated into this Agreement.
Please be advised that the Website is hosted in India. If you access the Website from the European Union, United States, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Website or Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.
- Intellectual property rights
All text, photos, graphics, logos, content and other materials on this Website are protected by applicable copyright, trademark and other applicable laws. In particular, all trademarks, trade names and logos displayed on this website are proprietary to Oister Global, its affiliates or their respective owners, and this website grants no license to them.
- Grievance redressal mechanism
- We have constituted appropriate grievance redressal mechanism within the organization to resolve any grievances of the users. We have designated an officer to redress the genuine grievances of the users, the details of whom are stated herein below (“Grievance Redressal Officer”).
- In the event of any clarifications/queries/complaints/grievances in respect of the Services and/or the Website, you shall first direct such complaints by email at [email protected]. In the event you are not satisfied with the assistance or response provided by us, you shall then direct any such grievances pertaining to the Services and/or the use of the Website, to our Grievance Redressal Officer who shall ensure that genuine grievances of the users are redressed promptly.
Details of the Grievance Redressal Officer:
Name: Himanshu Periwal
Designation: Grievance Redressal Officer
Email: [email protected]
Phone: 9632649800
Address: Suite no. 611, Two Horizon Center, Sector 43, Gurgaon
- Disclaimers
THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN ‘AS-IS’, ‘AS-AVAILABLE’ AND “WITH ALL FAULTS” BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND/OR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE OR THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR FREE BASIS. IN NO EVENT SHALL WE OR ANYONE ELSE INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING THE WEBSITE AN/OR SERVICES BE LIABLE FOR ANY DIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE AND/OR SERVICES, CONTENT, INCONVENIENCE OR DELAY.
- Third Party Websites and Content
- The Website may contain (or you may be sent via the Website) links to other websites and applications (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
- Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
- Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
- If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that this Agreement no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any website to which you navigate from the Website or relating to any applications you use or install from the Website.
- Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
- A wide variety of products and services are made available for sale through the Website. For any such purchase on the Website, you agree to be additionally bound by the specific terms of use applicable to such product or service of the relevant seller. You acknowledge that Third-Party Websites will have their own applicable terms and conditions in relation to the supply of products and accept to abide by those additional terms and conditions.
- Miscellaneous
- Section Headings, Verification Documentation, Waiver of Execution Defenses: The section headings used herein are for convenience only and shall not be given any legal import. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
- Notice: Notices to you may be made via posting to the Website, by email, or by regular mail at our discretion. Any notice provided to us pursuant to this Agreement should be sent via email to Oister Global at the following address Two Horizon Center, Suite 628 – 629, Level 6 Wing B, Golf Course Road, DLF Phase V, Sector 43, Gurugram, Haryana – 122002 and at the following email ID [email protected] with subject line – Attention: “TERMS OF USE”.
- Electronic Communications, Transactions and Signatures: Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE, SUBJECT TO APPLICABLE LAW.
- Modifications: We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.
- Corrections: There may be information on the Website that contains typographical and other errors, inaccuracies, or omissions that may relate to the Website, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.
- Waiver: Our failure to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. In fact, we may choose to enforce certain portions of this Agreement more strictly or to interpret certain provisions more strictly against certain users than it does against users in general, and such disparate treatment shall not be grounds for failing to comply with all of this Agreement as so interpreted.
- No Third-Party Beneficiaries.: This Agreement is between you and us. No user has any rights to force us to enforce any rights it may have against you or any other user.
- Severability: If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and, in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
- No Offer, Solicitation or Advice Nothing on this website is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision; or (iv) a promise/undertaking to invest or provide financing.