Our relationship with you is our most important asset. We want you to feel comfortable and confident when using our Platform (defined hereinafter) and the Services (defined hereinafter). The objectives of these Terms and Conditions of Use (“Terms”) are to inform you of the terms which apply to your access to the Platform and Services, what we expect from you, and what you can expect from us as you use and interact with our Platform and the Services provided by us, our Strategic Partners and third party service providers. Further, you would learn about the following:
(a) our policy regarding the changes and updates to these Terms;
(b) description of the Platform and the Services offered by us, our Strategic Partners and third party service providers;
(c) sign-up process and information required by us;
(d) conditions regarding use of the Platform and the Services;
(e) terms of use and conditions regarding the information made available by us on the Platform;
(f) intellectual property rights and ownership of the content on our Platforms and the conditions of use of such content;
(g) Know Your Client (“KYC”) requirements;
(h) our policy regarding the communications and notifications sent by the Platform;
(i) disclaimers, limitation of liability and indemnification obligations in relation to the Services provided; and
(j) legal rights and obligations in case of violation of these Terms by you.
These Terms apply to and govern the use of or access to the website www.Rock.in, and on its mobile/web applications (hereinafter, collectively referred to as the “Platform”), by the user. The Terms shall apply to the User in relation to the relevant Services availed on the Platform.
The Platform is provided by Rock Software Private Limited (hereinafter, “Company” “Rock” or “our” or “we” or “us”), a company incorporated under the Companies Act 2013, having its registered office at B-3 Lower Ground Floor, School Lane, Naraina Vihar, New Delhi 110028 and its corporate office at 23,24 AMR Tech Park, Block 1, First Floor, Hosur Main Road, Hongasandra, Bangalore, Karnataka PIN:560068.
User and Company are each a “Party” and collectively the “Parties”.
These Terms are an electronic record in terms of the (Indian) Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time (“IT Act”). This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms are published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 framed under the IT Act (as amended from time to time), that require publishing the terms of services and practices for access or usage of Platform and Services. These Terms constitute a binding and legally enforceable contract between the Company and User (as defined below). By registering on or using the Platform or availing the Services, you agree to be bound by the Terms. If you are using the Platform on behalf of an organization, you are agreeing to the Terms on behalf of that organization (in which event, “you”, “your” or “User” will refer to that organization).
The Terms and the Privacy Policy DO NOT apply to the ERI services which are provided by Rock Technology Private Limited (“Rock”). Rock does not provide ERI services, and they are not a part of the definition of Services under Clause 2.4 of the Terms. The ERI services provided by Clearsharp are governed by Clearsharp terms and conditions available at http://Rock.in/terms.html and Rock privacy policy available at http://Rock.in/privacy.html.
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You represent that you are at least 18 (eighteen) years of age and have not been previously suspended or removed by the Company, or disqualified for any other reason, from availing the Services or using the Platform. In addition, you represent and warrant that you have the right, authority and capacity to agree to the Terms and to abide by them. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. In the event of any violation of the Terms, the Company reserves the right to suspend or permanently prevent you from availing the Services or using the Platform.
If you do not agree to be bound by these terms, you must not use the Platform. By continuing to use the Platform or the Services you expressly agree and undertake to be bound by these terms. Subject to applicable laws, these Terms (and any changes thereto) will become applicable to you retrospectively on and from the date of your first use of the Platform.
1. Changes to these Terms
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1.1. Please note that these Terms may change from time to time. We reserve the right to modify or amend these Terms. While we will make reasonable efforts to keep you posted on any updates to these Terms, to make sure that you are aware of any changes, we encourage you to periodically review them whenever accessing or using the Platform to be continuously aware of the changes that we may be carrying out to these Terms.
1.2. The “Last Updated” date at the top of the Terms indicates when the most recent modifications were made to the Terms. In the event we modify these Terms, by continuing to access and use the Platform, you will have confirmed your acceptance to any such modifications. Your continued use will be adequate proof that you have expressly agreed to the terms of these Terms which shall apply from the date of your first use of the Platform. In addition, when using the Platform, you will be subject to any posted guidelines, supplementary terms, policies, or disclaimers made available or issued by us from time to time, including but not limited to the Privacy Policy available at https://Rock.in/meta/privacy. All such supplementary terms, policies, guidelines or disclaimers are hereby incorporated by reference into these Terms.
1.3. If you have any comments or questions regarding the Terms, or wish to report any violation of the Terms, you may contact us at support@Rock.in.
2. About the Platform and the Services
2.1. The Platform is primarily a technology service provider which inter-alia provides (i) software solutions and access to services, for Goods and Services Tax (“GST”) compliances, and subscription to software such as RockGST, RockEWay Bill, RockE-Invoicing, RockTDS, RockCloud, and invoice discounting; (ii) you the ability to avail expert assisted tax filing services and other managed services such as services pertaining to compliance with GST laws; (iii) you with the ability to browse, evaluate, compare, subscribe and redeem various financial products and avail execution services for mutual funds units which are offered by asset management companies (“AMC”); (iv) you with finance management, accounts and ledger management, invoice creation and management, functionalities to search GST public records, and payment record management services and generation of reports, and (v) you with, (a) tax management services such as ability to verify tax filing status of returns filed under various tax laws; (b) ability to download returns such as GST returns, challans; (c)tax information services such as information on compliance deadlines for tax returns and other statutory forms, and relevant tax related news published on the internet; (vi) you with invoice discounting and supply chain financing software products. Certain services offered on the Platform are provided through our third-party strategic partners which include without limitation, Right Horizons Investment Advisory Services Private Limited (“Right Horizons”) (hereinafter referred to as “Strategic Partners”). While it is not mandatory for you to use the execution services, certain features of the Platform may not be accessible to you in such case.
2.2. In the event you subscribe to Rock proprietary software including but not limited to Rock ASP GSP GST compliance software, Rock E-way bill software, Rock E-Invoicing, RockTDS, RockCloud and Clear Invoice Discounting. then your use and subscription to the software shall be additionally governed by the terms and conditions of the Rock Master Subscription and Services Agreement and integration agreement accessible at https://Rock.in/legal and/or Rock Invoice Discounting Master Subscription and Services Agreement accessible at https://www.Rock.in/Rock-id-legal , as the case maybe.
2.3. The Platform also allows you to avail the Services (defined hereinafter) directly from the Company, its Strategic Partners, and third-party service providers associated with the Company from time to time, and the Platform facilitates communication with such Strategic Partners and third parties for availing the Services.
2.4. The services rendered by Right Horizons, the Company and other Strategic Partners and third-party service providers of the Company are collectively referred to as “Services”.
2.5. GST Suvidha Provider Services
2.5.1. The Goods and Service Tax Network (“GSTN”) has setup the information technology and communications infrastructure system for enabling implementation of Goods and Services Tax (“GSTSystem”). The Company is appointed as a GST Suvidha provider (“GSP”) by GSTN and is authorized by GSTN, to provide GSP services including access to GST API’s (“GSP Services”), to the taxpayers and third parties. The third parties may avail GSP Services, to develop an application or system to enable the taxpayer to access the GST System for GST related activities (“Third Party Application”).
2.5.2. Accordingly, you agree that you will be subject to the terms and conditions of GSTN in relation to availing or accessing GSP Services through our Platform. You further agree that GSTN shall have the sole right and discretion, without any liability of any nature, by all means (whether manual or automated) to accept/ reject any User’s data from being transmitted to the GST System from our Platform, including but not limited to, in case of security breach, data traffic beyond prescribed by GSTN, suspected payload (having virus and/ or malware) or transfer of corrupt data or due to any other reasons as mandated by GSTN.
2.5.3. You agree that you will follow and adhere with the GSTN guidelines, prepared, proposed and updated by GSTN from time to time including the GST web portal terms and conditions and privacy policy.
2.5.4. You represent that you are a duly organised and validly existing entity (as applicable) under the laws of India and accordingly have full power and authority to perform your obligations, as may be required, as per the GSTN terms and conditions and by engaging on the Platform, you will not be in contravention of any applicable laws.
2.5.5. In the event You access only GST APIs through our Platform, you agree and undertake that You shall not implement any technology to store any of your client’s data and/or confidential information of any nature (whether wholly or partially), in our servers or cloud. To the extent that you avail any other Services aside from the GST API, you expressly consent to us retaining the aforesaid information.
2.5.6. You agree and acknowledge that GSTN may prescribe other standards and specifications that it may deem necessary, from time to time in its sole judgment in relation to GST services provided by GSTN which shall be binding on you without any objection.
2.5.7. You hereby agree and acknowledge neither the Company nor GSTN shall have any responsibility or liability in relation to failure of any activity, if such activity may have been initiated by you or your client or by the Company on your behalf, and that has failed or delayed on account of the process of authentication and acceptance of your or your client’s data by the GSTN system or otherwise, including but not limited to failure or delay as a result of, network or connectivity failure, device or application failure, GSTN system’s failure, possible down time at GSTN System’s end or any other technical or non-technical error of any nature, whether foreseen or unforeseen at the time of use of the Services.
2.5.8. In case of any additional obligations are imposed by GSTN on the Company pursuant to its arrangement with the Company, you agree and acknowledge that the such additional obligations shall be binding on you.
2.5.9. You acknowledge that the Company will be maintaining records of all the transactions in relation to the GSTN services provided on its Platform, as required under applicable laws and GSTN authorities will have the right to conduct audit of your records without any notice.
2.5.10. By agreeing to these Terms, you have provided your express consent and acknowledge that the Company will retain/ store your data and confidential information, of any nature (either wholly or partially), in the Company’s servers or cloud or otherwise in any other medium as may be transmitted/ processed/ passed through the Platform.
2.5.11. You agree that you have put all compliance, certifications, and security systems in place in order to ensure secure data transmission by your network to the Platform, without any exposure of breach, theft or loss of data.
2.5.12. In the event you access the Platform or avail GSP services to develop a Third Party Application then you additionally acknowledge and agree:
(a) To complete the risk assessment and ensure implementation of adequate security hygiene, best practices, processes and technology to prevent any breach of security and you shall be solely responsible for any liability therefrom.
(b) That any breach of security arising out of events such as hacking shall not be considered as a force majeure event.
(c) That you do not integrate with the GST System directly.
(d) To inform the end user, about data privacy, encryption, authorization features provided by GSTN and your compliance to those features.
(e) To ensure security, privacy and integrity of data from your Third Party Application.
(f) To add and reflect, on your Third Party Application, such disclaimers as GSTN may require from time to time.
(g) To ensure that your Third Party Application is free from any Third Party intellectual property breach.
(h) That you shall not use taxpayer’s data for any purpose other than the purpose permitted by the taxpayer and shall ensure that at no time the you use or misuse or share the taxpayer’s data for any commercial or monetary considerations.
(i) That you shall maintain all audit and transaction logs that are processed through your Third Party Application.
2.5.13. You agree and acknowledge that you:
(a) Will not use the Platform for any unauthorised activities such as (i) activities punishable under Sections 43 and 45 IT Act (such as web scraping, altering source code, hacking, introducing viruses etc.), (ii) activities prohibited under any laws in force, and/or (iii) any activity which contravenes access controls/ service use limits set by GSTN on the GST portal and/or any security feature developed by GSTN, and/or (iv) any activity which is contrary to any other policies of the GST portal; and
(b) shall not, at any time, by using the Services on the Platform:
(i) Imply or state any affiliation with or endorsement of GSTN without direct and express consent of such organisation (e.g., representing oneself as an accredited GSTN associate).
(ii) Manipulate identifiers in order to disguise the origin of any message or post transmitted through the GST portal.
(iii) Monitor the GST portal's availability, performance or functionality for any competitive purposes.
(iv) Overlay or otherwise modify the GST portal or their appearance.
(v) Remove or cover or obscure any advertisement included on the GST portal.
(vi) Rent, leasing, loaning, trading, selling/re-selling access to the GST portal or related data of GST portal.
(vii) Selling, sponsoring, or otherwise monetizing any GST portal service or feature without GSTN's direct and express consent.
(viii) Solicit or collect email addresses or other personal information of GST portal users or GSTN users in any manner.
(ix) Use, disclose or distribute any data obtained in violation of these Terms or the GSTN policies.
2.6. Invoice Discounting and Supply Chain Financing Software Product
2.6.1 Rock Invoice Discounting (Clear ID) is a technology platform that brings together enterprises, suppliers, banks and TReDs marketplaces, offering supply chain financing solutions.
2.6.2 All approved invoices by the enterprise are uploaded from their ERP on the Rock platform, and suppliers can log in to choose which of the invoices they want to get early payment. The smart AI/ML -based platform enables a discount rate selection that works both for suppliers and customers. The enterprise can decide whether to pay early using its own treasury cash, or use bank capital, or get it financed via TReDs.
2.6.3 The supply chain financing solutions including invoice discounting services are rendered by third parties that have the applicable approvals/ registrations. You note and agree that the Company is only acting as a technology facilitator for the supply chain financing solutions wherein the role of the Company is limited to the extent of providing the Platform to you.
2.6.4 Your use and subscription to the software shall be additionally governed by the terms and conditions of the Rock Invoice Discounting Master Subscription and Services Agreement accessible at https://www.Rock.in/Rock-id-legal .
2.6.5 You acknowledge and agree that the Company shall have no responsibility or liability in relation to failure of any activity, if such activity may have been initiated by us, any third party or by you, and that has failed or delayed on account of any act or omission of the financial institutions, banks, non-banking financial companies, trade receivables discounting system platform (TReDS Platform), the process of authentication and acceptance of data by such third parties, including but not limited to, failure or delay as a result of, network or connectivity failure, device or application failure, TReDS Platform failure, possible down time at TReDS Platform or any other technical or non-technical error of any nature, whether foreseen or unforeseen.
2.7 Financial Products
2.7.1. The Company is registered with Association of Mutual Funds of India bearing registration number ARN110027. By using the Platform for investment in regular funds you agree to abide by the ‘Additional Terms for Financial Products’ (Clause 16).
2.7.2. The investment advisory services including for transacting in the direct plan of the schemes of various mutual funds, are rendered by Right Horizons. Right Horizons is registered as an investment advisor with the Securities Exchange Board of India (“SEBI”) bearing registration number INA200002601. You note and agree that the Company is only acting as a technology facilitator for the investment advisory services wherein the role of the Company is limited to the extent of providing the Platform to you. Any transaction in respect of investment advisory services is strictly a bilateral transaction between Right Horizons and you. By using the Platform for availing investment advisory services including for transacting in the direct plan of the schemes of the various mutual funds, you additionally agree to abide by the ‘Additional Terms for Investment Advisory Services’ (Clause 17).
2.8 Refunds: In the event that you (being the merchant/receiver of the payment) receive any payments from your customers by sending payment requests through the Platform, then you and your customers acknowledge and undertake that you have provided to your customers, and your customers have received the goods, products or services, and the payments are made by your customers to you in lieu of the same. The Company or its Strategic Partners will not be responsible for the goods, products or services received or any disputes between you (being the merchant/receiver of the payment) and your customers. The merchant/receiver of the payment will be solely responsible for such claims and refunds, and the Company will not be responsible for providing any refunds in relation to the goods, products or services.
2.9. We reserve the right to add, modify or discontinue, temporarily or permanently, the Services and Platform (or any part thereof) with or without cause. We shall not be liable for any such addition, modification, suspension or discontinuation of the Services.
3. Sign-Up and Consent Requirements
3.1. To avail the Services, you may have to provide us with necessary details including but not limited to your name, mother’s name, father’s name, date of birth, gender, Permanent Account Number (“PAN”), signature, marital status, nominee details, cancelled cheque, photograph and video recording, email id, phone number, educational or professional qualification, business name, business address, nature of business, Goods and Service Tax Identification Number (“GSTN”), Tax Deduction and Collection Account Number (“TAN”), bank account details, Unified Payment Interface (“UPI”) ID, and/or other payment related details etc., as applicable.
3.2. You agree to provide the above stated information, or such other information as may be necessary or required by us to provide the Services, at the time of sign-up or at any subsequent stage. Further, you acknowledge that the act of providing your Aadhaar ID is voluntary in nature unless mandated under applicable law. You may choose to provide us with an alternative KYC proof.
3.3. You warrant to provide true, accurate, current and complete information about yourself and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
3.4. If you upload information relating to any third parties, you should ensure that any such information is uploaded only after obtaining express written consent from them for using their information on the Platform. Further, you should ensure that express written consent from such persons is obtained to receive communications from the Company regarding: information about us and the Services; promotional offers and services from us and our third party service providers and Strategic Partners, and any other matter in relation to the Services. If such third parties fail to provide written consent, or withdraw consent, you shall immediately cease to use the Services in relation to them. You will be solely responsible for obtaining such consent from third parties and we assume that such consent is sought and received by you if you provide such information relating to any of such third parties any time during the use of the Platform.
3.5. If you provide any information that is false, inaccurate or outdated, or we have reasonable grounds to suspect that such information is false, inaccurate or outdated, we will be entitled to suspend or terminate your account and prohibit any and all current or future use of the Platform by you. You are responsible for maintaining the confidentiality of the account and are fully responsible for all activities that occur under your account.
3.6. You agree to immediately notify us in writing at support@rock.in of any disclosure or unauthorized use of your profile or any other breach of security with respect to your profile.
4. Use of and Access to the Platform
4.1. You agree to use the Platform only for lawful purposes, and that you are responsible, liable and accountable for all activities that take place through your use of Platform or availing the Services. We exclude any liability arising out of use of the Platform.
4.2. You understand, accept and agree that the payment facility provided by us is neither a banking nor financial service, but we merely act as a facilitator providing an electronic payment option, automated online electronic payment option, for the transactions on the Platform using the existing authorized banking infrastructure and the payment gateway/payment aggregator networks. Further, by providing payment facility, we are neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction.
4.3. Service Level Terms: We will use commercially reasonable efforts to provide you the Platform. We will provide you with reasonable technical support services in accordance with our standard practices. We do not make any commitment that the Platform will be available at all times or during any down time (a) caused by outages to any public Internet backbones, networks or servers, (b) caused by any failures of your equipment, systems or local access services, (c) for previously scheduled maintenance, (d) caused by any third party vendor or service provider of the Company, (e) caused by any failure of systems or servers of any third party including that of the government and its authorities and/or financial institutions such as asset management companies or any financial intermediaries, (f) attributable to events such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, hacking, phishing or interruptions in Internet services to an area where the Company or its servers are located or co-located, or (g) required pursuant to instructions received by us from any governmental or regulatory authority.
4.4. Updates: From time to time, we may provide upgrades, patches, enhancements, or fixes for the Platform to you generally without additional charge and such updates will become part of the Platform and subject to the Terms. Notwithstanding the foregoing, we shall have no obligation under these Terms or otherwise to provide any such updates. You understand that the Company may cease supporting old versions or releases of the Platform at any time in its sole discretion.
4.5. By accessing or using the Platform or by availing Services, you agree not to:
4.5.1. host, display, upload, modify, publish, transmit, update or share any information (if provided with the functionality to do so on the Platforms) that:
(a) belongs to another person and to which the user does not have any right;
(b) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws of India;
(c) is harmful to minors;
(d) infringes any patent, trademark, copyright or other proprietary rights
(e) violates any law for the time being in force;(f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;(g) impersonates another person;(h) threatens the unity, integrity, defence, security or Sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states;(i) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;(j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
4.5.2. violate the Terms or any law for the time being in force;
4.5.3. conduct or forward surveys, contests, pyramid schemes or chain letters involving the Services;
4.5.4. impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity
4.5.5. infringe our or any third party’s patent, trademark, copyright or other intellectual property rights, proprietary rights, rights of publicity or privacy;
4.5.6. use the Services if you are under the age of 18 (eighteen) years;
4.5.7. post or transmit any message (if provided with the functionality to do so on the Platforms) which discloses private or personal matters concerning any person or, is grossly harmful, harassing, hateful and/or disparaging;
4.5.8. post or transmit (if provided with the functionality to do so on the Platforms) any message, data, image or program which is blasphemous, vulgar, or offensive in nature;
4.5.9. refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to us;
4.5.10. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform and Services or features that enforce limitations on the use of the Services or the Platform;
4.5.11. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Services or Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
4.5.12. use the Services or the Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation,
4.5.13. using the Services or the Platform in an automated manner;
4.5.14. modify, adapt, translate or create derivative works based upon the Services and Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
4.5.15. intentionally interfere with or damage operation of the Services or the Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file/ programme with contaminating or destructive features or which are designed to interrupt, destroy or limit the functionality of any computer resource;
4.5.16. use any robot, spider, other automatic device, or manual process to monitor or copy the Platform without prior written permission;
4.5.17. take any action that imposes an unreasonably or disproportionately large load on our infrastructure/network;
4.5.18. use the facilities and capabilities of the Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
4.5.19. use the Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Platform, except and only as expressly provided in the Terms;
4.5.20. use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to us, a third party or you.
5. Information
5.1. While we use commercially reasonable efforts to facilitate provisions of the information, information on compliance deadlines for filing various tax returns and other statutory forms, status of your investments, etc on the Platform, we are not responsible for any errors or omissions, or for the results obtained from the use of or reliance on this information. Specifically, certain links in Platform may connect to other websites maintained by third parties over which we have no control. If you access such links, your use of the third party websites will be governed by the policies of such websites. We encourage you to review the terms and policies of such websites.
5.2. Any information, information on compliance deadlines for filing various tax returns and other statutory forms; relevant tax related news; and any other regulatory news made available through the Platform is for general guidance on matters of interest only. In particular, impact of laws and regulations can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in such information. Accordingly, the information provided through or in relation to this Platform is so done with the understanding that we are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Before making any decision or taking any action, you should consult a professional advisor. You acknowledge that the provision of the Platform or Services does not constitute the provision of any specific advice nor any other professional services or advice of any kind (including any tax services). Any use of the Platform or Services (including reliance on any of the contents therein) is at your sole risk.
5.3. While we use reasonable efforts to facilitate the information made available through the Platform is being obtained from reliable sources, we are not responsible for any errors or omissions, or for the results obtained from the use of or reliance on this information.
5.4. We do not make any representations as to the accuracy or any other aspect of information contained in other websites. All information made available through the Platform is provided "AS IS", with no guarantee, representation, or commitment of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
6. Intellectual Property Rights and Ownership
6.1. We own the rights in the design, compilation, and look and feel of our Platform. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited access to use the Platform and the Services in accordance with these Terms.
6.2. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
6.3. We may provide you with summary of the news or information that is already available in the public domain. Further we may provide you an electronic link to the original source of such news or information. Upon clicking the electronic link, you may be directed to the website of a third party who has published that news or information. We do not own any intellectual property rights in the information published by such third party.
6.4. Use of data: Notwithstanding anything to the contrary contained herein, when you enter or upload your data onto the Platform, you expressly agree, covenant, consent and grant us, our Strategic Partners, our third party service providers and our group companies, affiliates, all rights, licences and consents to host, use, copy, transmit, process, store, share, analyse, display, make derivations, and back up all data you submit to us through our services and as required by us including but not limited to personal data and any other data relating to financial information of yourself and others, and further to: (a) enable you to use the Platform and avail the Services including the services provided by our partners, third parties and affiliates; (b) allow us to improve, develop and protect our Services; (c) create, market or provide new services through the Company or its Strategic Partners, group companies and affiliates; (d) communicate with you about our Platform and the Services; and (e) send you information we think may be of interest to you. You agree, represent and warrant that you have and you will maintain, all rights to allow the Company, our Strategic Partners and/ or any third party service providers, and our affiliates, to host, use, compile, copy, transmit, process, store, share, analyse, display, make derivations, and back up all your data and retain aggregated customer data, including without limitation in combination with data of other users. The terms of use and sharing of such data are set out in our Privacy Policy https://rock.in/meta/privacy.
6.5. Data loss: Data loss is an unavoidable risk when using any technology. You are responsible for maintaining copies of your data entered into the Platform or for availing the Services.
6.6. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using the Platform or the Services.
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7. Know your Customer/ Client Requirements
7.1. You agree and provide your express consent to provide certain information and documents that may be necessary to ascertain your eligibility to use the Platform or avail the Services including but not limited to your KYC Documents to us, to entities for whom we act as a technology facilitator and Platform provider including but not limited to Right Horizons , to online payment gateways, operators and aggregators, and, or to our affiliates to use, copy, transmit, process, store, share, analyse, make derivations, and back-up such KYC Documents and information. For the purpose of these Terms, ‘KYC Documents’ shall mean to include mobile number, mother’s name, father’s name, email address, password, date of birth, gender, PAN, signature, marital status, nominee details, cancelled cheque, photograph and video recording, etc. and other information which may be sought either during Sign-up or at any stage later. You agree and warrant to provide valid, true, complete, and up-to-date KYC Documents. You acknowledge and agree that any incorrect or misleading information provided shall constitute a material breach of these Terms.
7.2. We may use your personal data and in order to provide Services to you. Your personal information and KYC documents may be processed by or transferred or disclosed to and/or by third parties like AMC’s, RTA’s (Registrar and Transfer agents), KYC Registration Agency (“KRA”), payment gateways, statutory bodies or agencies, or third-party service providers & Strategic Partners etc.
8. Communication Policy
8.1. You agree to receive communications from the Company regarding: (i) information relating to use of the Platform or Services; (ii) information about the Company and the Services; (iii) promotional offers and services from the Company and its Strategic Partners and third party partners, and (iv) any other matter in relation to the Services. In case you access the Platform on behalf of a third party (after obtaining their prior consent), you acknowledge and agree that we are permitted to send any or all of the above communications to your customers or other third parties whose information you have made available on the Platform.
8.2. We may send alerts to the mobile phone numbers provided by you, either of yourself or your customers or any third parties, via e-mail, SMS, WhatsApp messages or push notifications or any other means. If your mobile number is registered in the Do Not Disturb (“DND”) list of Telecom Regulatory Authority of India, you may not receive SMS from us. In such case, you will be responsible for taking all steps to deregister from the DND list and will not hold us liable for non-receipt of SMS.
8.3. We shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold the Company liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
8.4. The SMS/e-mail alert/push notification service provided by us is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. You shall not hold the Company liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
8.5. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the network service provider. We shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
8.6. You understand that the Company cannot and does not guarantee or warrant that filesavailable for download through the Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of internet security and for accuracy of data input and output.
9. Third party Services on the Platform
9.1. Our Platform includes products and services made available by third party service providers. These third party service providers may have additional terms that apply to you. You agree to be bound by such other additional terms. Third-party products and services are subject to terms and conditions and privacy policies set by their providers. These include how the provider will use your data that you make available to them. The descriptions of third-party products and services that we publish, and any associated links, have been provided to us by the providers. The providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products or services.
9.2. We make no representations and hereby expressly exclude all warranties and liabilities arising out of or pertaining to such third-party services, including their accuracy or completeness. Further, all intellectual property rights in and to third party services are the property of the respective third parties.
10. Termination of Access to the Platform
We may terminate or suspend your access to Platform or access to all or any of data: (i) at our discretion; (ii) if you fail to comply with these Terms or the Privacy Policy; (iii) in case of inactivity for long periods; or (iv) in case of any fraud, insolvency or bankruptcy in relation to you. You agree that our right to terminate does not depend on whether you breach these Terms or not.
