TERMS OF USE

Last Updated: 1st July 2024

 

  • INTRODUCTION AND ACCEPTANCE OF TERMS

This document is an electronic record in terms of the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 (DPDPA, 2023), and the rules thereunder, as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms of Use (“Terms”) govern your access to and use of the website www.unwritten.deals (“Platform”), which is owned and operated by Atrox Fortuna, a company based out of India. For the purpose of these Terms, “We”, “Us”, “Our” refer to Atrox Fortuna, and “You”, “Your”, or “User” refer to any person accessing or using the Platform.

By accessing, browsing, or otherwise using the Platform, you signify your acceptance to all the terms and conditions under these Terms of Use, creating a binding legal agreement between you and Atrox Fortuna. If you do not agree with any part of these Terms, you must not use the Platform.

 

  • UPDATES TO TERMS

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time without prior written notice to you. It is your responsibility to review these Terms periodically for updates or changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. You can determine when these Terms were last modified by referring to the “Last Updated” legend above.

 

  • ELIGIBILITY TO USE THE PLATFORM

Use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, including minors (under the age of 18 years), un-discharged insolvents, etc., are not eligible to use the Platform. If you are a minor, you shall not register as a User and shall only use the Platform under the supervision of a legal guardian or parent. We reserve the right to terminate your account or refuse access if it is discovered that you do not meet the eligibility criteria.

 

  • YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

– Account Creation: To access certain features or services, you may be required to create an account and provide registration data. You are responsible for maintaining the confidentiality of your account credentials (e.g., username and password) and are solely responsible for all activities that occur under your account.

– Accuracy of Information: You agree to provide and maintain true, accurate, current, and complete information about yourself. If we have reasonable grounds to suspect that the information provided is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and refuse to provide you access to the Platform.

 

  • USER CONDUCT AND PROHIBITED ACTIVITIES

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You shall not host, display, upload, modify, publish, transmit, update, or share any information on the Platform that:

– Belongs to another person to which you do not have any right.

– Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable.

– Infringes any patent, trademark, copyright, or other proprietary rights of any third party.

– Is misleading in any way.

– Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing (“spamming”).

– Promotes illegal activities or conduct that is abusive, threatening, or obscene.

– Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.

– Threatens the unity, integrity, defense, security, or sovereignty of India.

 

You also agree not to engage in activities such as:

– Attempting to gain unauthorized access to any portion of the Platform or its systems.

– Using any automated system, including “robots” or “spiders,” to access the Platform.

– Making any negative, denigrating, or defamatory statements about Atrox Fortuna or the Platform.

– Impersonating any other person or entity.

– Engaging in unauthorized affiliate marketing or promotional activities without our prior written consent.

– Posting or transmitting unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation, including disguised affiliate links.

– Misleading other users regarding your affiliation with any third-party product, service, or company.

 

  • PLATFORM AS A FACILITATOR

www.unwritten.deals acts as an intermediary or platform that facilitates connections and transactions between Users. Atrox Fortuna is not a party to any contract for the sale of goods or services between Users. We do not control, endorse, or verify the quality, safety, or legality of any items listed or the accuracy of listings. Any transaction conducted on the Platform is a strictly bipartite contract between the buyer and seller. We are not responsible for any non-performance or breach of any contract entered into between Users.

 

  • USER-GENERATED CONTENT

You shall be solely responsible for any content you post or transmit to the Platform. By posting User Content, you grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable right to use, reproduce, modify, adapt, publish, and display such content in any media now known or hereafter developed, in connection with the operation and promotion of the Platform. You represent and warrant that you have all necessary rights to grant this license.

 

  • INTELLECTUAL PROPERTY RIGHTS

– Our Content: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork on the Platform (“Content”) is the property of or licensed to Atrox Fortuna and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, republish, upload, post, or distribute any Content without our express prior written consent.

– Trademarks: The trademarks, logos, and service marks displayed on the Platform are the property of Atrox Fortuna or their respective owners. You are not granted any right to use any trademarks without the owner’s written permission.

– Third-Party Content: You acknowledge that the Platform may contain links to or integrate with third-party content, services, and affiliate programs that are protected by their own copyrights, trademarks, and other intellectual property laws. These Terms do not grant you any rights to use such third-party intellectual property.

 

  • DISCLOSURE OF MATERIAL CONNECTIONS AND AFFILIATE LINKS

In the course of providing our services, www.unwritten.deals may participate in affiliate marketing programs. This means we may include links on our Platform to products or services offered by third-party merchants (“Affiliate Links”).

You acknowledge and agree that:

  1. We may receive compensation, commissions, or a share of revenue generated from purchases made through Affiliate Links on our Platform.
  2. We may receive free products, services, or other benefits from marketers whose products or services we review, discuss, or link to on the Platform.
  3. The presence of an Affiliate Link does not constitute an endorsement or verification of the linked product, service, or company by Atrox Fortuna.
  4. We make no warranties or representations regarding the accuracy, completeness, or reliability of any information, products, or services available through such Affiliate Links.

 

  • THIRD-PARTY LINKS

We may provide, or third parties may provide, links to other websites, resources, or services (including Affiliate Links) on or through the Platform. These links are provided for your convenience only, and you access them at your own risk.

You acknowledge and agree that:

  1. We have no control over such sites, resources, or services and are not responsible for their availability, content, or operations.
  2. We do not endorse nor are we responsible or liable for any losses, expenses, damages (including to your software or hardware), or any other consequence arising out of your use of or reliance on such external sites or resources.
  3. Your communications, dealings, and transactions with any third party found through the Platform, including the payment and delivery of products or services and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and that third party.

 

  • ADDITIONAL TERMS FOR AFFILIATE SERVICES

If you choose to access or use any third-party service, including affiliate partner websites, you may be subject to additional terms and conditions of that third party. Those separate terms and conditions will prevail over these Terms in the event of any conflict with respect to your use of that specific third-party service or affiliate site.

 

  • COPYRIGHT INFRINGEMENT CLAIMS

We respect the intellectual property rights of others. If you believe that any material on the Platform infringes upon your copyright, please send a notice to our designated grievance officer containing the following information:

– A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright.

– Identification of the copyrighted work claimed to have been infringed.

– Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.

– Your contact information (address, telephone number, and email address).

– A statement that you have a good faith belief that use of the material is not authorized by the copyright owner.

– A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

  • PAYMENTS, FEES, AND INVOICING

– Payment Terms: All payments made on the Platform shall be in Indian Rupees. We may charge fees, commissions, or other charges for the use of certain features or services, which will be communicated to you on the Platform. We reserve the right to modify our fee policy at any time, with changes posted on the Platform and becoming effective immediately.

– Invoicing: Where applicable, Users may be required to raise tax invoices. All invoices shall be prepared in accordance with prevailing tax laws, including the Goods and Services Tax (GST) framework.

 

  • DISCLAIMERS AND LIMITATION OF LIABILITY

– Disclaimers: THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OR AVAILABILITY OF THE PLATFORM, OR THE INFORMATION, CONTENT, AND MATERIALS INCLUDED THEREON. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

– Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, ATROX FORTUNA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM. OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORM DURING THE PRECEDING 12 MONTHS.

 

  • INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Atrox Fortuna and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

– Your use of the Platform.

– Your breach of any of these Terms.

– Your violation of any applicable laws or the rights of a third party.

– Any content you post or share on the Platform.

 

  • TERMINATION

We reserve the right, at our sole discretion, to suspend or terminate your account and access to the Platform without prior notice, for any reason, including without limitation:

– Breach of these Terms.

– Engagement in fraudulent, illegal, or harmful activities.

– Violation of any applicable law.

 

  • GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the competent courts in Mumbai, India.

 

  • GRIEVANCE REDRESSAL

In accordance with the Information Technology Act, 2000 and the rules thereunder, if you have any complaints regarding the Platform or its content, you may contact our Grievance Officer:

 

Email: ceo@atroxfortuna.com

 

Please provide a clear description of your grievance along with your contact details for a prompt resolution.

 

  • MISCELLANEOUS

– Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

– Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

– Entire Agreement: These Terms constitute the entire agreement between you and Atrox Fortuna concerning your use of the Platform.

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