Terms of Use
Effective Date: This Terms of Use Agreement was last updated on June 29, 2023.
This Terms of Use Agreement (hereinafter referred to as the “Agreement”) sets forth the standards of use of www.novistra.com (“Novistra Capital”). By accessing or using the Novistra Capital website, you (the “Member”) agree to comply with these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Novistra Capital website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Novistra Capital provides Members with information about its services (“Services”). Members must ensure that they have (1) all equipment necessary for their own Internet connection, including computer and modem, (2) access to the Internet, and (3) pay any fees related to such connection.
2. Disclaimer of Warranties
The site is provided by Novistra Capital on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Novistra Capital makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Novistra Capital shall have no liability for any interruptions in the use of this website. Novistra Capital disclaims all warranties regarding the information provided, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above-referenced exclusion may not apply to you.
3. Limitation of Liability
Novistra Capital SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Novistra Capital HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY. FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
4. Indemnification
Member agrees to indemnify and hold Novistra Capital, its parents, subsidiaries, affiliates, officers, partners, consultants, and employees, harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Novistra Capital reserves the right to modify or discontinue the Service with or without notice to the Member. Novistra Capital shall not be liable to Member, or any third party should Novistra Capital exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Novistra Capital does not guarantee continuous, uninterrupted, or secure access to our website, and the operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party websites is subject to the terms of use and privacy policies of each website, and Novistra Capital cannot be held responsible therein. We encourage all Members to review the privacy policies of third parties on their respective websites.
7. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of India.
8. Compliance with Laws, Including GDPR
Member assumes all knowledge of applicable laws and is responsible for compliance with any such laws. Member shall not use the Service in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. For Members located in the European Union, Novistra Capital complies with the General Data Protection Regulation (GDPR) regarding the collection, storage, and processing of personal data. By using our website and Services, you acknowledge and consent to our Privacy Policy and the processing of your personal data in accordance with the GDPR and our Privacy Policy.
9. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof, is the property of Novistra Capital and/or third parties (as applicable) protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without the prior written permission of an authorized officer of Novistra Capital, is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device or manual process to monitor or copy our web pages or the content contained therein without the prior written permission of an authorized officer of Novistra Capital. Novistra and Novistra Capital are proprietary marks of Novistra Advisors LLP. Novistra Capital trademarks may not be used in connection with any product or service that is not provided by Novistra Capital, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Novistra Capital. All other trademarks displayed on the Novistra Capital website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those companies. In addition, such use of trademarks or links to the websites of companies is not intended to imply, directly or indirectly, that those companies endorse or have any affiliation with Novistra Capital.
10. Botnets
Novistra Capital retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command-and-control points for botnets, Novistra Capital reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
11. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Novistra Capital, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. By accepting this Terms of Use Agreement, you acknowledge that Novistra Capital processes personal data in accordance with its Privacy Policy and the requirements of the General Data Protection Regulation (GDPR) for Members located in the European Union.
Please note that the above redrafted Terms of Use are based on general principles and should be reviewed by legal professionals to ensure compliance with specific laws and regulations applicable to Novistra Capital, including the GDPR.
