Terms of Service
- This document is an electronic record in terms of the Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and user agreement for access or usage of our website ‘www.WeWealth.in’; (hereafter referred to as the “Website”). The Website is an internet-based asset ownership portal owned and operated by WeWealth Technologies Private Limited (hereafter referred to as “we”, “us”, “our”, and “WeWealth”). For these User Terms (defined hereafter), “you”, “your”, or “User” refers to any natural or legal person (whether a registered user or otherwise) who accesses the Website, its contents, and uses the services offered by WeWealth on or through the Website.
- WeWealth is not a registered broker-dealer, investment advisor, lender, and/or money transfer service and does not conduct any activity requiring such registration or certification from any agency, including SEBI. WeWealth does not provide any kind of investment consultation or any such services. Please read all documents carefully before you access or use the service. By accessing, registering at the site, and or using WeWealth services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, please do not access or register for our site and/or engage in any activity conducted by WeWealth. If you violate any of these terms of service (which include by reference WeWealth’s privacy policy) or otherwise violate an agreement between you and us, WeWealth may, apart from initiating any legal proceedings, terminate your privileges, delete your profile and any content or information that you have posted on the site and/or prohibit you from using or accessing the service or the site (or any portion, aspect or feature of the service or the site), at any time in its sole discretion, with or without notice. It is stated that ‘WeWealth’ and ‘Products’ or ‘Assets’ are separate legal entities. The Investors will become limited Partners to the said product entities or assets listed over WeWealth. WeWealth provides just a platform to invest/transfer amounts to these product entities for taking fractional ownership of these products or assets in the form of partnership shares. The Investors are requested to thoroughly assess all the Risks & Consent Agreements, LLP Agreements, and Non-Disclosure Agreements before investing in the listed Opportunities.
- WeWealth is a platform (read software/web app) where different product entities working in the real estate domain have listed their ownership fractions as LLP Capital Contribution. The entities are registered as LLPs only, and no “Equities” are involved where SEBI’s regulation is required. For the purpose of collecting the amount, the product entities have prepared an Escrow Agreement with ____________________and the Bank entity and also have an MoU in place for the same. As an investor/user, when you invest through WeWealth, the investment goes into an escrow account managed by the bank entity, and the investor/ user shall be treated as a part of the escrow arrangement; you will become a partner and lender to these LLPs by signing a consent letter and represent your investment. Your partnership stake in the LLP will represent the amount of investment (both capital contribution and loan) made by you. WeWealth and ________________LLP would be responsible for the management of these Product Entities on behalf of investors/users. WeWealth charges a commission from these Product Entities for providing them with the platform. The Escrow Agreement ensures that the user gets the partnership in the project entity when the amount gets transferred to a particular entity and also ensures the distribution of profits, interest, repayment of loans, and other payouts given by the Project Entities to the partners. When transferring the amount, the investor/user signs a consent letter for becoming a partner to the respective LLP/Product Entity, and signing the consent letter should be considered as becoming a partner in the LLP for which the required filings will be done with RoC.
- Your use of our Website and its related sites, services, and tools is governed by the terms and conditions detailed in this agreement applicable to the Website (“User Terms”). By using the Website, it is implied that you have agreed and accepted these User Terms. If you do not agree or are not willing to be bound by the terms and conditions of these User Terms (and the rules and policies displayed on the Website), please do not click on the [“Accept” button and do not seek to obtain access to or otherwise use the Website. As long as you comply with the provisions of these User Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. If you do not agree to these User Terms, you agree that your sole and exclusive remedy is discontinuing using the Website. Your compliance with these User Terms is a condition to your right to access the Website. Your breach of any provision of these User Terms will automatically revoke and terminate your right to access the Website without the requirement of notice or other action.
REGISTRATION ON THE WEBSITE
You must be at least 18 (eighteen) years of age or older (in case you are an individual), have a sound mind, and not be barred by any law or contract from accessing and using the Website. If you use the Website or the Services on behalf of someone else (including but not limited to, as a legal representative of another individual or an entity, you must be authorized by such individual or entity. Our Website is accessible to children under 18 (eighteen).
However, WeWealth strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission.
- The Website and the offerings therein are intended only for registered Users who have completed the registration process and completed the KYC (Know-Your-Customer) requirements set out on the Website. A User must agree to become a Website member by providing ‘Registration Data’ (as set out on the Website) while registering on the Website and accepting these User Terms. The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions, and notices contained in these User Terms. Upon ‘Acceptance’, these User Terms will be effective and binding upon you along with any amendments made by the Website at its sole discretion and posted on it. You will not claim invalidity of these User Terms merely because this MOU is being concluded electronically. For the purposes above, ‘Acceptance’ will mean your affirmative action in clicking on the [“Accept”] button as provided on the registration page or any act which reflects your use of the Website or the services provided by the Website or any such other actions that imply your acceptance.
Upon completing the registration process, the User will be allocated a unique identification username (“User ID”) to become a Registered User. Further, the User may be required to enter the unique one-time password (“OTP”) issued by WeWealth to the User for authentication of your User ID each time he/she/it intends to use the Website. You will be responsible for all activities under your User ID or account. WeWealth will not be liable to any person for any loss or damage that may arise due to any failure by the User to protect their User ID and/or the OTP.
You undertake to immediately notify WeWealth of any unauthorized use of your account or any other breach of security. You undertake not to sell or otherwise transfer your account/ User ID or allow any third party to use or access your user account. WeWealth reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. You confirm and acknowledge that by registering on the Website, you authorize and consent to WeWealth sending promotional and marketing content to you through emails, phone calls, short message service, or another electronic and non-electronic mode of communication, and no such communication shall be deemed to violate law relating to unsolicited commercial communication.
USER RIGHTS ON THE WEBSITE
- These User Terms govern your access and use of the Website, which includes any images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Website.
- WeWealth grants you a limited right to use the Website. The individual user will not use the Website in any fraudulent or unlawful way. Your right to use the Website is subject to your agreement to abide by these User Terms in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason, WeWealth may revoke your right to use all or any portion of the Website. The Website and the Content are not intended for distribution to or use by any person or entity in any jurisdiction or country outside India.
WEBSITE SECURITY
- You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these User Terms. You are prohibited from violating or attempting to violate the Website's security.
- You agree to, amongst others, not to:
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website
- access the Website in order to build a similar or competitive service
- copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, any Content of the Website
- use the Website in any way that causes, or may cause, damage to WeWealth, the Website, and its Users or impair the availability or accessibility of the Website in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
- abuse, harass, impersonate, intimidate, or threaten other Users
- post or transmit, or cause to be posted or transmitted, any content that is harmful, infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or otherwise violates any applicable law or right of any third party; or that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nations
- use the Website for any unauthorized purpose, or in violation of any applicable law or these User Terms
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain access to another User’s account, or private information from any User
- infringe upon the IP Rights of WeWealth or any third party; (j) submit comments linking to affiliate programs, multilevel marketing schemes, sites repurposing existing stories or off-topic content
- post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, trojan horse, or other code with malicious, disruptive, and/or destructive features, files, or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including the Website
- use any robot, spider, scraper, sniping software, or other automated means to access the Website for any purpose
- conduct any systematic or automated data collection activities on or in relation to the Website
- use the Website or any Content any part of it to transmit or send unsolicited commercial communications, or for any other purposes related to marketing
- reverse engineer, frame, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software obtained from or part of the Website
- disable, remove, defeat, or avoid any security device or system, including, without limitation, any login functionality used to authenticate Users
- attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
- attempt to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding” ,” spamming”, “mailbombing” or “crashing”
- remove any notices, warnings, labels, annotations or instructions from any portion of the Website or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions
- otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Website
- Any system or network security violations, including attempts to intentionally access an unauthorized computer, may result in civil and criminal charges, including but not limited to charges under applicable laws. WeWealth may investigate occurrences involving such violations and may involve and cooperate with law enforcement authorities in prosecuting users involved in such violations. Without prior notice or warning of any kind, we may restrict or terminate the access of any and all users to the Website if we reasonably conclude that such restriction or termination is necessary to prevent the further spread of a virus, security breach, or system malfunction. The Website may contain certain links. Activating links on the Website may cause individual users to leave the Website. Such links are provided solely for individual users’ convenience and information. WeWealth has not reviewed any websites linked with or connected to the Website, and using links on or to the Website is at each user’s risk.
OWNERSHIP OF MATERIALS ON WEBSITE
- You may download or copy Content only to the extent such download is expressly permitted in writing on the Website. No right, title, or interest in any downloaded materials or software is transferred to you due to any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software.
- Nothing on the Website will be interpreted as granting any license or right to use any image, trademark, trade dress, logo, or service mark on the Website. Anything you transmit to the Website becomes WeWealth’s property and may be used by us for any lawful purpose. WeWealth reserves all rights concerning copyright and trademark ownership of all material on the Website and will enforce such rights to the full extent of the law. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by WeWealth or third parties who have licensed their materials to WeWealth and are protected by Indian and international copyright laws.
- The compilation of all Contents on the Website is the exclusive property of WeWealth and is also protected by Indian and international copyright laws. The Website, including all Information, is owned by or licensed to WeWealth and is subject to and protected by various intellectual property rights, including but not limited to copyright, trade secrets, trademarks, service marks, brand names, and other proprietary rights whether under contract, statute or any similar provisions (“IP Rights”). All IP Rights are and will remain the exclusive property of WeWealth, its respective third-party licensors, or third parties to whom it is attributed, and in using the Website, individual users will not obtain any rights, title, or other interest in or to any information on the Website or related IP Rights. Subject to the above, individual users are entitled to view the Information on the Website and to copy and print such information for personal use. Individual users are not permitted to sell, distribute, or otherwise deal with the Information on the Website or any deviations of such information without the prior written consent of WeWealth. The Website uses different web analytics services and complies with their terms and conditions.
NO OFFERS OR RELIANCE
- The Website has been prepared solely for information. The information available on the Website is for the convenience of presentation, and under no circumstances should the Website be used or considered as an offer to sell or the invitation or solicitation of an offer to buy any asset listed on the Website. Before deciding to purchase any asset, Users are advised to read the related final documentation carefully. Further, WeWealth does not give or offer any business, investment, tax, or legal advice to anyone using this Website. Accordingly, Users are advised to consult with their tax, legal, and financial advisors and do their due diligence concerning purchasing any asset.
- Nothing published on the Website must be relied upon as a promise or representation of past or future performance. The Website may contain forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as “may,” “will,” “should,” “expects,” “plans,” “anticipates,” “believes,” “targeted,” “projected,” “underwritten” “estimates” “predicts,” & “potential,” or “continue” or the negative of these terms or other comparable terminology. These forward-looking statements include, but are not limited to, statements concerning the company, property, risk factors, plans, and projections. Forward-looking statements are subject to various risks and uncertainties.
- Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. None of WeWealth, the issuer, nor any other person or entity assumes responsibility for the accuracy and completeness of forward-looking statements. Users should conduct their due diligence and not rely on the financial assumptions or estimates displayed on the Website. Assets displayed on the Website are not bank deposits, are not insured or guaranteed by WeWealth, and may lose value.
DISCLAIMER
You understand and acknowledge that the purchase of the assets listed on the Website is speculative in nature and involves a high degree of risk, including the risk of loss of capital, and is not guaranteed. The Website is suitable only for sophisticated investors who fully understand and can bear the risks of purchasing such assets. A User should only purchase assets if he/she can withstand a total capital loss.
We make no guarantee or representation that you will achieve your investment objectives or receive a capital return. WeWealth does not endorse or promote any of the opportunities on this Website nor make any recommendations to any User. Users must not construe anything on the Website as investment, business, legal or tax advice, and the content contained herein does not constitute an offer by WeWealth to sell, solicit or make an offer to buy an investment interest.
Any information on our Website does not represent a solicitation of an offer to buy or sell any property. Notwithstanding, WeWealth shall provide the services per the terms of service herein. In addition, WeWealth shall not be responsible towards the User for malfunction or interruptions in the services caused by third-party carriers' actions, authority notifications, government orders, or any other third parties or Force Majeure event.
Eligibility of Partners in the LLP
Partner Types
As per Section 5 of the LLP Act, 2008, only individuals and body corporates are eligible to become partners in a Limited Liability Partnership (LLP). A Hindu Undivided Family (HUF) cannot be considered a body corporate for the purposes of the LLP Act, 2008. Therefore, a HUF or its Karta cannot become a designated partner in an LLP. However, the Karta may become a partner in their individual capacity only.
Individual Partner Restrictions
An individual shall not be eligible to become a partner if any of the following conditions apply:
- Mental Incapacity: If the individual has been declared of unsound mind by a Court of competent jurisdiction, and such declaration is in force.
- Insolvency: If the individual is an undischarged insolvent.
- Insolvency Application: If the individual has applied to be adjudicated as an insolvent, and the application is pending.
Please note that the eligibility criteria mentioned above are subject to the provisions of the LLP Act, 2008, and any other applicable laws or regulations.
Investment Eligibility and Consequences
- Compliance with Eligibility Criteria: All investors in the LLP must meet the eligibility criteria specified in the LLP Act, 2008, and any other applicable laws or regulations. If an investor is found to be ineligible but has still invested in the LLP, their investment plan shall be considered void.
- Cancellation of Investment Plan: In the event of an ineligible investment, the LLP reserves the right to cancel the investment plan made by the ineligible investor.
- Refund of Investment Amount: The LLP shall refund the investment amount to the ineligible investor after deducting 10% of their investment amount. This deduction is intended to cover the legal expenses incurred by the LLP to rectify the non-compliance and ensure the LLP's compliance with the applicable laws and regulations.
- Refund Process: The LLP shall initiate the refund process within seven days from the date of cancellation of the investment plan. The refund shall be made into the wallet.
- No Liability: The LLP shall not be held liable for any losses, damages, or claims arising from the cancellation of an ineligible investment and the subsequent refund process.
REPRESENTATIONS AND WARRANTIES
By using this Website, you represent and warrant that:
- You are a citizen of India or, in the case of juridical persons, are formed under the applicable laws of India
- You are 18 years of age or older, and your use of the Website will not violate any applicable law or regulation
- During registration as a User on the Website, you have provided information that is true, accurate, current, complete, and updated about yourself
- You will use the Website solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is strictly prohibited
USER COVENANTS
When communicating with WeWealth through digital media, please:
- Confirm you are visiting the authorized Website
- Maintain confidentiality of your User ID and OTPs. WeWealth’s Website is private, available only to Users through secure log-in procedures. Besides allowing you to use your User ID and OTP to enter the Website, WeWealth or its representatives will never ask you for your User ID and/or OTP
- Do not communicate or deal with personnel who are not affiliated with WeWealth
- Do not email anyone with an address other than the authorized WeWealth email address. WeWealth does not permit our employees and authorized representatives to send or receive work-related emails from personal accounts or any other address
EFFECT ON OTHER AGREEMENTS
Nothing contained in these User Terms is intended to modify or amend any other written agreement you may have with WeWealth or other Users of the Website (Other Agreements, if any, that may currently be in effect. If there is any inconsistency between these User Terms and any Other Agreements, the Other Agreements will govern. Some pages within the Website contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these User Terms. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern those sections or pages.
INDEMNITY
You agree to indemnify and hold harmless WeWealth and (as applicable) its subsidiaries, affiliates, third parties, and their respective shareholders, officers, partners, directors, agents, and employees from any losses, liabilities, damages, costs, and expenses, claims or demand, or actions including reasonable attorney’s fees asserted against or incurred by WeWealth, made by any third party arising out of your breach or non-performance of terms of these User Terms, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WEWEALTH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF SERVICE, THE PLATFORM’S SERVICES, AND CONTENT EVEN IF THE USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
CHANGES TO THESE TERMS
We reserve the right to update (change, modify, add, and/or delete) these User Terms from time to time, at our sole discretion, to reflect company initiatives, changes in the law or technology or changes in our practices. When we update these User Terms, we will inform you of the amendments on your email address or the Website. If you disagree with the amendments, please do not use the Website any further. By continuing to use the Website, you will be deemed to have consented to the latest version of these User Terms.
MISCELLANEOUS
General
None of the provisions of these User Terms will be deemed to constitute a partnership or agency between you and WeWealth, and you will have no authority to bind WeWealth in any manner whatsoever.
Notices
All notices and other communications required or permitted hereunder to be given to a party will be in writing, in the English language. They will be sent by email, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party will have furnished to the other party in writing in accordance with this provision: If to WeWealth: compliance@wewealth.in. If to You: At the email address provided by You.
If you have any concerns about privacy or grievances with the platform or any of its content or to report any abuse of laws or breach of the Privacy Policy and Terms of Service, please contact the grievance officer, details of whom are listed below with a thorough description of such concerns/ issues faced by you, and we will try to resolve the issue for you.
Severability
If any clause of these User Terms is deemed invalid, void or for any reason unenforceable, such clause will be severable. It will not affect the validity and enforceability of the remaining clauses of these User Terms.
Entire Agreement
These User Terms set forth the entire understanding and agreement between you and WeWealth concerning the subject matter hereof.
Assignment
You cannot assign or otherwise transfer your rights or obligations under these User Terms to any third party. WeWealth may transfer its rights and obligations (also known as “assign”) under these User Terms without your prior express consent, provided that WeWealth will assign them on the same terms or terms that are no less advantageous to you.
Arbitration
If any dispute arises between you and WeWealth during your use of the Website or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of these User Terms, or the documents they incorporate by reference, the dispute will be referred to a sole Arbitrator who will be an independent and neutral third party identified by WeWealth. The place of arbitration will be New Delhi. The arbitration proceedings will be in English and governed by the Arbitration & Conciliation Act 1996.
Governing Law
These User Terms or the documents they incorporate by reference will be governed and construed by the laws of India. Subject to a clause of arbitration above, all disputes arising under these User Terms between you and WeWealth will be subject to the exclusive jurisdiction of courts in New Delhi, India.
Refunds & Cancellations
Since we are a platform to list product assets, all refunds and cancellations will be notified to product entities. The product entities will process/transfer the originally invested amount for getting the fractional ownership of the product / real estate asset immediately to your wallet (escrow bank account) as per the date of withdrawal request in line with the lock-in period, which you can withdraw anytime in your bank account. Please note that when any cancellation is made, you will have to give up fractional ownership of the project entity you own by investing in that particular asset.
Grievance Officer
In accordance with the Information Technology Act 2000, and the rules made there under, in case you have any grievances about the use of this platform / or any of the policies for use / availing the services on the platform, you may contact the grievance officer appointed by us. The name and contact details of the Grievance Officer are provided below:
Name: Manish Jain Address: LGF, Grand Mall, MG Road, Gurugram 122002 Email: compliance@WeWealth.in