Terms And Conditions
The Artha Platform (hereinafter referred to as "Artha" or"Artha
Platform" or "the Website") is an independent initiative
supported by Rianta Philanthropy Ltd. based in Zurich, Switzerland. It is designed
to enable more efficient due diligence or assessment ("Due Diligence")
of high impact social businesses ("Social Enterprises" or "Enterprises"
or "Projects") serving communities at the base of the pyramid ("BoP").
These Terms and Conditions ("Terms") apply to your use of and contributions
to the Artha Platform, a website owned and operated by Rianta Philanthropy Ltd.
("Rianta Philanthropy Ltd." or "RP Ltd. "). By
accessing, using, subscribing or contributing data to Artha, and any pages therein
or related thereto (the "Artha Services"), and/or by checking the
registration, you acknowledge that you have read, understood and agreed to be bound
by these Terms. If you do not agree to these Terms, you may not use Artha or the
Services. These Terms constitute a contract between you ("You")
and Rianta Philanthropy Ltd. and govern all interactions between you and Rianta
Philanthropy Ltd., as well as your use of the websites www.arthaplatform.com or
www.arthaplatform.org and all related services.
If you have any questions or need additional information, you may reach Rianta Philanthropy
Ltd. at email@example.com.
a. Investors ("Investors"), Entrepreneur Support Organizations
("Entrepreneur Support Organizations") and Third Parties ("3rd
Parties") of the Artha Platform, as well as contributors of project/enterprise
information to Artha ("Promoters")(together "Users"),
must register their information upon invitation for an account. All User types are
'by invite only'; only Promoters may complete a pre-registration
questionnaire available on the website and be considered for inclusion in the listing
of high impact enterprises on what is called
the Artha pipeline ("Artha Pipeline"). Each User account will differ
slightly in format and function.
b. As part of the registration process as a User, you will create a username
and password. You will also give RP Ltd. certain registration
information, all of which must be accurate and kept current ("Registration Data").
You shall be responsible for maintaining the confidentiality
of your username and password.
c. You shall notify RP Ltd. in a timely manner of any known or suspected unauthorized
use of your account, or any known or suspected breach
of security, including loss, theft, or unauthorized use or disclosure of your password.
d. You are responsible for all usage or activity on your account, including
use of the account by any third party authorized by you to use
your username and password.
e. Rianta Philanthropy Ltd. has the right to terminate your account at any
time, or to modify or discontinue the Artha Platform or the Services,
each in RP Ltd.'s sole discretion.
a. The Artha Platform is intended to provide general information regarding
social investment opportunities undertaken by entrepreneurs
who have chosen to position themselves in the social space. Sources of these opportunities
may come from Investors themselves, incubators at
academic institutes of management or technology, community-based organisations (which
may or may not be registered as affiliates of non-profit organisations in different
countries, mostly India), or Entrepreneur
b. RP may undertake but is not obliged to make reasonable efforts to moderate
and screen content on the Artha Platform (at random
inspection), however, RP Ltd. shall not be responsible for the content of any due
diligence report executed on any project listed
on Artha or similar material.
c. All other content under the News and Resource Center of the Artha Platform
will be generated by Artha staff and is gathered primarily
from secondary and other online news sources, with appropriate attributions. The
Artha blog will be generated by the Artha team. RP
Ltd. does not take responsibility for the content of any commentary/posts/links,
etc. generated by Users on any portion of the site,
whether open or closed domain (protected by password).
d. Some cursory information uploaded to specific social business profiles
on the main Artha Pipeline will be visible to the entire 10/7/2011
11:33:36 AMcommunity of selected investors on the Website. However, access to the
full profile of any entrepreneur on the Website is limited,
and only those signing the automated Non-Disclosure Agreement (NDA) can access this
more detailed information.
e. All Users of Artha are bound to protect the privacy and confidentiality
of all information (including information relating to social businesses
and projects featured on the Website) posted on the Website in accordance with the
confidentiality provisions set out in these Terms.
Breaches of these confidentiality provisions may result in expulsion from the Artha
RP Ltd. is not responsible, and shall have no liability, for any incorrect or inaccurate
content posted on the Website by any User or for any liability, cost or expense
Users may incur in connection with the Artha Platform caused by any User or other
- RP Ltd. is not responsible for the conduct, whether online or offline,
of any User of the Website or any other person. With respect
to the Website, RP Ltd. assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, any communications.
- Under no circumstances will RP Ltd. be responsible for any loss or
damage, including personal injury or death, resulting from any
use of the Website, any content posted on the Website or transmitted to, or any
interactions between, any Users of the Website, whether
online or offline. RP Ltd. neither represents, warrants, covenants guarantees, nor
promises any specific results from use of the Website.
User generated content
a. All electronic data file, content, material or any other information submitted
and uploaded by Users (directly or indirectly) are considered
contributions of data ("Data Contributions" or "Content").
b. Data Contributions uploaded to the Artha Platform are at user discretion
and may comprise the following file formats (not exhaustive):
.doc, .pdf, .txt, .xls., .ppt, .jpg, .bmp, .wmv, .mp3. See Section 15 of these Terms
regarding Data Contributions for more on rules, limitations,
controls, and disclaimers where User uploaded and shared content is concerned.
a. Engaging with small social businesses in India focused on the BoP entails
an implicit understanding of the fact that there are multiple
levels of associated risk; these include country risk, entrepreneur/promoter risk,
as well as 3rd party risk. The Artha Platform
does not claim to mitigate risk on any of these levels.
b. All Users are aware that there are extensive limitations placed on
foreign investors by Indian regulation; completion of due diligence
on the Artha Platform may in no way be interpreted as a green light for the completion
of an investment, or for advice on the appropriate and legal structures
required to execute a transaction. All Investors are responsible for educating themselves
and understanding the types of instruments at their disposal, relevant sectoral
caps and constraints, buyback rules, capital injection rules,
and all relevant applicable conditions pertaining to their work. RP Ltd. does not
accept responsibility for any risk, barrier, problem
or damage arising as a result of an Investor desire to allocate capital to a social
enterprise in India.
Code of Conduct & Acceptable Use
All Users of the Website will be expected to conform to a code of conduct guided
by the principles of transparency, trust and integrity ("Honor Code").
a. Users may not transmit any chain letters or junk email to any other
User (Investor, Entrepreneur Support Organization, Third Party,
or Promoter) or any other person. Illegal and/or unauthorized uses of the Website,
including collecting the name, email address or any
other personal or confidential information of any User or any other person by electronic
or other means for any reason, including, without
limitation, the purpose of sending unsolicited email and unauthorized framing of
or linking to the Website, will be investigated and appropriate
legal action may be taken, including, without limitation, civil, criminal and injunctive
b. Although RP Ltd. assumes no obligation to monitor the conduct of any
User on or off the Website, it is a violation of these Terms
to use the Website or any information obtained from the Website in order to: (i)
harass, abuse, or harm another person (including,
but not limited to, using profanity in messages or joining collaborator teams in
bad faith), (ii) contact, advertise to, solicit, or
sell to any User or other person without their prior explicit consent. In order
to protect such persons from such advertising,
solicitation or harassment, RP Ltd. reserves the right to remove content from the
Website that violates acceptable use in RP Ltd.'s
sole discretion and restrict the number of emails or messages that a User may send
to others through the Website in any 24-hour or other period
to a number that RP Ltd. deems appropriate, in RP Ltd.'s sole and absolute discretion.
c. Users shall not use the Artha Platform or its content to upload, post
or submit content (including but not limited to, written materials
or images) at any time for any purpose that in RP Ltd.'s opinion is unlawful, prohibited,
threatening, abusive, defamatory, libelous, invasive
of privacy or publicity rights, hateful or offensive on racial, ethnic, sexual or
any other grounds, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal offense,
gives rise to civil liability or otherwise violates
any law, and you shall comply with any applicable local, state, national or international
statutes, rules, regulations, ordinances, decrees, laws, codes, orders, regulations
or treaties when using Artha.
d. Other than as specifically set forth in these Terms, Users may not
reproduce, republish, upload, post, modify, copy, alter, distribute,
sell, resell, transmit, transfer, decompile, license, assign, publish or exploit,
in any way, any content on the Artha Website. Except as otherwise
expressly permitted under these Terms or copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation
of downloaded material will be permitted without the express written permission
of RP Ltd. and the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes
in or deletion of author attribution, trademark legend or copyright notice shall
be made and no ownership rights shall be transferred.
e. Inform RP Ltd. Of the status of the due diligence process and the
completion of a due diligence report.
The Website includes features and functionality whereby a User may post and
transmit information, images and other materials. All such information, images and
materials, whether publicly posted or publicly or privately transmitted, are the
sole responsibility of the User who originates such content. RP Ltd. assumes no
obligation to monitor or control such posted or transmitted content and cannot take
responsibility for such content posted or transmitted by a User. However, RP Ltd.
reserves the right at all times (but will not have an obligation) to remove or refuse
to post or distribute any content, and to restrict, suspend or terminate the participation
of any User from the Website and from all Artha Services at any time, with or without
Registration and Cancellation
Certain areas of the Artha Platform will not be freely accessible and any information
related to active social businesses in India will be in protected areas of the Website,
requiring passwords for access. Likewise, full investor profiles and activity information
will be protected and secure, visible only to account owners and to their chosen
contacts on the Artha Platform. You may be asked to complete a form of registration
in order to access certain areas of the Website ("Restricted Areas"). No charge
will be requested to obtain access to the Restricted Areas. (Please see the Fees
and Expenses section for a breakdown of the costs of using the Website, specifically
around the closure of due diligence contracts arising from information posted on
Rianta Philanthropy Ltd. reserves the right to terminate your registration to the
Restricted Areas and to restrict your access to the Website without notice, at any
You may cancel your registration with the Website at any time by sending an email
Any termination or restriction shall be without prejudice to any rights accrued
to Rianta Philanthropy Ltd. up to the date of termination or restriction.
Operation of the Website
RP Ltd. reserves the right to suspend or terminate the operation of the Website
at any time for the purposes of support and maintenance or to update the information
contained on the Website. RP Ltd. is not obliged to give any notice of such termination
See Due Diligence process (Section 8a) below for further detail on how the site
RP Ltd. will accept requests to partake on the Website contingent upon further discussions,
and reserves the right to control the growth and profile of the Users at its discretion.
The Artha community is formed on the basis of relationships, and it will be a general
rule that new users to the Artha Platform should have had some prior contact with
an existing User in order to receive an invitation to join, unless they are an entrepreneur/Promoter.
The Artha Platform administrator controls access to all user requests for membership.
For the purposes of the beta launch of the Website, Investors who want to access
the Artha Platform must be qualified investors within the meaning of article 10
(3) of the Swiss Collective Investment Schemes Act ("CISA"). The following are deemed
to be qualified investors; Supervised financial intermediaries such as banks, securities
dealers and fund management companies; supervised insurance companies; public entities
and retirement benefits institutions with a professional treasury; companies with
a professional treasury; independent financial advisors that are subject to anti
money laundering regulations and the code of conduct of an industry organization
recognized by the Swiss Financial Market Supervisory Authority ("FINMA"); high net
worth individuals holding directly or indirectly financial assets in excess of Swiss
francs 2 million.)
Artha Platform User types are defined as follows:
a. Investors: In function, these are 'by invite only' and
comprise entities and organizations that qualify as professional investors
and who have expressed an open interest in impact investment opportunities located
in India. These may include: qualified individuals, private foundations,
financial institutions, corporations, social venture capital/private equity funds,
donor-advised funds, trusts, estates, etc. They can connect
to one another and to all User types as long as they initiate contact;
they are protected from all other User types on the Artha Platform.
b. Entrepreneur support organizations: In function, these
are 'by invite only' and represent organizations based in India whose primary
task is the identification, selection and support of socially motivated entrepreneurs
who are keen to use enterprise as a tool for combating the
country's major development challenges. They may serve as a gateway for social entrepreneurs
who they see fit to extend an invitation link into the Artha
Pipeline (pending administrative approvals), and view the Artha Pipeline
at a top level, with the exception of those enterprises that they have supported
or identified themselves. These organizations may
be connected to by Investors, but may not initiate contact with them. They can connect
to one another and to Third Parties.
c. 3rd Parties: In function, these are 'by invite only' and
represent a range of different sized entities based in India whose primary
offerings are comprised of business services including due diligence, business development,
and capacity building in various forms. These organizations
may be connected to by Investors, but may not initiate contact with them. They can
connect to one another and to Entrepreneur Support
d. Promoters: These entrepreneurs are 'by invite only' and
may 'register' on the Artha Website through a pre-registration process;
if their business model qualifies as 'socially motivated' or socially conscious,
and if broad objectives fulfill the stated mission
of the Artha Platform, they will be approved and listed on the Artha Pipeline. These
organizations may be connected to by Investors, but
otherwise do not have access to the investor network directly; an entrepreneur may
initiate contact with an entrepreneur support organization
or third party from within the network, and may also connect with one another.
The selection and invitation of users is at the sole discretion of RP Ltd. RP Ltd.
does not have any ownership interest, shareholding/stakeholding, or any other monetary,
investment or other financial connection to any of the independent entities invited
into the Artha Platform.
All Investors engaged in the community on the Website must register their details,
and agree that any contracts relating to due diligence and arising as a result of
connections formed on the Website will be invoiced offline and between all parties
involved in said due diligence transaction.
No payments for due diligence contracts are executed through the Website; all payments
between parties for due diligence contracts must be handled offline, but made transparently
so as to benefit all parties involved in a given due diligence 'share'.
a. Due Diligence Process
The Website presents a collaborative online environment whereby Users may work together
in concert to complete a due diligence report on any given social business listed
in the Artha Pipeline. There are 15 standardized Due Diligence "modules" at the
disposal of Users of the Website, all of which are optional and that reflect the
aggregation of the due diligence methodologies of several practitioners in the sector.
These modules are inclusive of a series of questions that fulfill each of the areas
of due diligence query as follows: BUSINESS OPPORTUNITY, COMPANY ANALYSIS, COMPANY
GOVERNANCE/MANAGEMENT, CUSTOMER BASE, FINANCIAL ANALYSIS, FINANCIAL MANAGEMENT,
FUNDING STRATEGY, INDUSTRY/MARKET ANALYSIS, INVESMTENT PROPOSITION, LEGAL, RISK
ASSESSMENT, SOCIAL IMPACT, TECHNOLOGY, TARGET POPULATION, and REQUIRED DOCUMENTATION
CHECKLIST. Each one of these modules reflects a series of standard queries and 'information
capture' fields under each of the fifteen topic headings.
The first Investor to "signal interest" in any opportunity will be considered a
'lead Investor', and will thereon determine (for a defined period of 30 days) which
other Investors in the community may (or may not) join in to share in the process
of Due Diligence. The Due Diligence process is split into 5 active stages, where
upon an Investor signals interest, initiates Due Diligence, signals that Due Diligence
is underway, signals that Due Diligence has been completed, and finally signals
that an investment has been completed. The last and final stage of confirmation
is comprised of signaling only, and it is important to note that funds are not uploaded,
transferred or transacted in any way through the Website at anytime. Furthermore,
structuring any transaction must happen offline and outside the parameters of the
Three options are presented to a given Investor once initial interest is signaled
in an opportunity: 1) Due Diligence may be conducted by themselves, 2) Due Diligence
may be opened to a bidding/tender process involving a selected network of 3rd Parties
in-country who are Users of the Website, or 3) Due Diligence may be conducted by
a 3rd Party who is directly appointed. The process thereon is self-explanatory,
and the system is designed to maximize communication and encourage information sharing
as it pertains to impacting the transaction costs of seeing investors achieve comfort
with the social businesses the Website aims to support.
In the event that a User selects the option to either invite 3rd Parties to bid
or appoint a 3rd Party entity capable of supporting the exercise of Due Diligence
in a particular enterprise, the bid process and the entities party to it function
independently of RP Ltd. and RP Ltd. does not take responsibility in any form for
the outcome of such activities.
3rd Parties receiving information about an opportunity to conduct Due Diligence
on behalf of an Investor on a social enterprise in India are responsible for their
own bid in terms of content, pricing and structure. They may or may not receive
acknowledgement or a response from Investors in this process. It is the responsibility
of 3rd Parties to negotiate their own agreements for service rendered to the Investors
and to close their own contracts (including effectuation of invoicing and payment)
as they see fit. RP Ltd. does not have any role, direct or indirect, in setting
the pricing or terms for such work.
b. Disclaimers around Due Diligence
All Investors acknowledge that the conclusions drawn by all Due Diligence reports
and analysis (in any form, including documents, .pdfs, Powerpoints, Excel documents,
or media of any kind) posted by Users or established by a 3rd Party do not reflect
recommendations of RP Ltd. Accordingly, RP Ltd. shall not under any circumstance
be liable to any User for any loss incurred as a result of reliance on such material.
These reports and analysis are purely informational, and shared by peers on the
Website in the spirit of collaboration and efficiency.
RP Ltd. is not responsible and cannot be held liable for any misuse of any confidential
material provided by the Promoters or any other person to the Investor in a due
diligence process or posted by any User on the Website.
No investment actions
The Artha Platform is not a transactional platform. The Website is not involved
in investment actions of any kind and the Users may not use the Website for actual
investment transactions of any kind.
Information posted on the Artha Platform by Users does not constitute investment
advice or an offer to invest and is not intended for trading purposes. Users need
to consult with their own investment, accounting, legal and tax advisers to evaluate
independently the risks, consequences and suitability of any action to complete
investment made as a result of learning through the Artha Platform.
ARTHA IS INTENDED ONLY FOR INFORMATIONAL PURPOSES, AND IS NOT AN OFFER OF SECURITIES
OF ANY KIND BY ANYONE, NOR DOES IT CONSTITUTE AN OFFER BY RP LTD. OF OTHER SERVICES
(SUCH AS ADVISORY SERVICES) OR PRODUCTS. RIANTA PHILANTHROPY LTD. DOES NOT PARTICIPATE
IN THE NEGOTIATION OR EXECUTION OF INVESTMENT TRANSACTIONS OR HANDLE SECURITIES.
Cautionary Language Regarding Forward Looking Statements
Information posted on the Artha Platform may contain estimates, projections or other
statements that are forward looking in nature ("Forward looking statements").
Any such forward looking statements are inherently speculative and subject to numerous
risks and uncertainties. Actual results and performance may be significantly different
from historical experience and present expectations or projections. RP Ltd. undertakes
no obligation to publicly update or revise any forward looking statements.
RP Ltd. incurs financial, administrative and other expenses associated with the
operation of the Website and network convener. Invited users of the system do not
however have to pay any fees at the current time.
It is the duty of all Users party to the Website to report on the status of a Due
Diligence negotiation and to disclose whether a contract has been completed to this
end; this is part of our knowledge sharing mandate, and is based on the Honor Code
implicit within the functioning of this online community.
We simply ask you to inform the Artha community whether you plan to make an investment
based on the due diligence agreement sourced through the Artha Platform and to indicate
the amount of such planned investment.
RP Ltd. reserves the right to adjust any fees and percentages at any time on written
notice in the future.
Expiry of Enterprises on the Platform
In the event that an Enterprise is listed for longer than twelve months without
receiving any signal of interest in conducting due diligence, the Project may then
be "deleted", in which case all parties responsible for originally posting the opportunity
will be notified.
a. Each User agrees that he/she will not use, divulge or communicate to any
person, except to its professional representatives or advisers
or as may be required by law or any legal or regulatory authority, any confidential
information concerning the business or affairs of
any other User of the Website or of any member of the group of companies to which
such User belongs or any investee entity which may
have or may in future come to its knowledge and each User shall use its best endeavors
to prevent the publication or disclosure of any confidential
information concerning such matters.
b. Data Security: To prevent unauthorized access, maintain data accuracy
and ensure the correct use of your registration data and
Data Contribution, RP Ltd. has put in place what RP Ltd. believes to be reasonable
physical, electronic and managerial procedures to
safeguard and secure your Registration Data and Data Contribution. However, no assurances
can be given that these security measures will prevent any unauthorized
interception of or access to your registration data and Data Contribution
and you hereby agree not to hold RP Ltd. liable for use of your registration data
and Data Contribution obtained in any unauthorized
c. Promoters are advised to use caution when completing their profile(s) on
the Artha Platform and using the system as a repository for sensitive
information, the existing automated NDA notwithstanding. Enforcement of said non-disclosure
agreements in differing jurisdictions may not be possible,
and you are encouraged to consider sharing some of the more sensitive
information about your business in bilateral communications offline and outside
the Artha Platform. Promoters are also advised to
ensure that they have all necessary permissions from all parties involved in their
enterprise including previous investors before mention
of such details on the Artha Platform. Promoters are responsible for their own posts
on Artha, and for the communication of their own information;
RP Ltd. is not responsible under any circumstance for breaches of confidentiality
that may arise over tim
It is the responsibility of each User to determine what tax rules and policies may
apply to them; RP Ltd. does not accept any responsibility in any way for issues
Users are granted limited, revocable, nonexclusive, nontransferable access to Artha
Content conditioned on the Users' continued compliance with these Terms. Users may
view, download and print Artha Platform content for their personal and internal
business use, provided that all hard copies contain all copyright notices and trademark
legends, and all other applicable intellectual property and proprietary marks and
Each User represents and warrants that:
- all abovementioned Data provided by Users for registration is accurate,
non-misleading and complete;
- only Data Contributions relevant to the Due Diligence process or to
the purpose of presenting the Social Enterprise on the Artha
Pipeline will be posted on the Website;
- the User does not use pseudonyms or pen names.
Except expressly provided in these Terms, User(s) shall not:
- download, store, reproduce, transmit, display, distribute or take
screen shots of any part of the Website or use the content of the
Website for a database of any kind;
- make available or permit access to the Website to any third party;
users may not sell, loan, lease or rent access to, or use of, the
- use or attempt to use any deep-link, scraper, robot, spider, data
mining, computer code or any other device, tool or program to access,
acquire or monitor any part of the Website;
- violate the security of the Website or attempt to gain unauthorized
access to the Website;
- upload any material to the Website that infringes intellectual property
rights of RP Ltd. or a third party or any obligations of confidentiality
according to these Terms;
- provide on the Website any information or use the Website or parts
thereof in any manner that infringes or violates the rights of RP
Ltd. or any third party, the applicable laws or regulations;
- to refrain from performing any action which may impair the operability
of the Website; or
- use the Website in any manner that is unlawful or harms RP Ltd. or
the Users of the Website.
The User warrants that he shall act in a polite, courteous and law-abiding manner
when using the Website.
You may not use the Artha Platform or its Content to construct a database of any
kind. You may not store Content from the Artha Platform, in its entirety or in any
part, in databases for access by you or any 3rd Party or distribute any database
services containing all or part of the Services. You may not use Artha in any way
to modify or improve the quality of any data sold by you to any 3rd Party. You will
not use Artha or its Content in unsolicited mailing or spam material.
EACH USER REPRESENTS AND WARRANTS THAT (i) IT HAS ALL NECESSARY POWER AND AUTHORIZATION
TO ACCEPT THESE TERMS AND CONDITIONS; (II) THESE TERMS AND CONDITIONS ARE LEGAL,
VALID, BINDING AND ENFORCEABLE AGAINST THE USER; (III) THE USER'S ACCEPTANCE OF
THESE TERMS AND CONDITIONS WILL NOT VIOLATE ANY LAW, RULE, REGULATION, OR ANY AGREEMENT
BINDING THE USER; (IV) AND THE USER WILL OBSERVE ALL APPLICABLE LAWS AND THE PROVISIONS
OF THESE TERMS AND CONDITIONS.
Limitation of Liability, Warranty and Indemnification
THE LIABILITY OF RP LTD. UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS
AND/OR THE WEBSITE SHALL BE LIMITED TO THE EXTENT POSSIBLE BY THE GOVERNING LAW.
RP LTD. DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ARTHA OR ITS
CONTENT. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON RP LTD. AND THE ARTHA PLATFORM SHALL
BE AT YOUR SOLE RISK.
THE WEBSITE INCLUDING BUT NOT LIMITED TO THE SERVICES CONNECTED THEREWITH ARE PROVIDED
ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS
TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH THE USER. ARTHA
DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, UNDER THESE
TERMS AND CONDITIONS. ANY AND ALL REPRESENTATIONS AND WARRANTIES OF RP LTD. UNDER
OR IN CONNECTION WITH THE TERMS AND CONDITIONS ARE EXCLUDED TO THE EXTENT LEGALLY
POSSIBLE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS AND WARRANTIES
- OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, ERROR-FREE ACCESS TO THE WEBSITE;
- REGARDING ANY DATA AND/OR INFORMATION PROVIDED OR MADE AVAILABLE BY
ANY USER OR ON ANY EXTERNAL WEBSITES LINKED TO THE
WEBSITE INCLUDING BUT NOT LIMITED TO INFORMATION BEING OF SATISFACTORY QUALITY,
ADEQUACY, ACCURACY, TIMELINESS AND COMPLETENESS; AND
- OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE OF THE WEBSITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES
OR ARTHA , WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT
LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO
THE FULLEST EXTENT PERMISSIBLE BY LAW.
AS THERE MAY BE ERRORS AND DEFICIENCIES IN THE INFORMATION POSTED ON THE WEBSITE
RP LTD. STRONGLY SUGGESTS THAT THE USER SEEK LEGAL ADVICE PRIOR TO ANY POTENTIAL
TRANSACTION. THE WEBSITE DOES NOT, AND IN NO WAY CONSTITUTES OR IMPLIES THE ENDORSEMENT,
RECOMMENDATION, OR APPROPRIATENESS OF A DEAL OR INVESTMENT OPPORTUNITY.
RP LTD. PROVIDES THE INFORMATION ON THE WEBSITE INCLUDING BUT NOT LIMITED TO ITS
INFORMATION AS A RESOURCE FOR USERS BUT DOES NOT GIVE BUSINESS ADVICE, INVESTMENT
ADVICE, TAX ADVICE OR LEGAL ADVICE TO THE USER OR ANYONE ELSE. RP LTD. DOES NOT
CLAIM TO BE AND IS NOT A BROKER, DEALER OR INVESTMENT ADVISOR AND NOTHING HEREIN
SHALL CONSTITUTE A SALE OR OFFER TO BUY OR SELL OR RECOMMEND ANYTHING. THE USER
MAKES ITS OWN INVESTMENT DECISIONS BASED UPON ITS PERSONAL DUE DILIGENCE INVESTIGATION
AND OTHER PERSONAL INVESTMENT CRITERIA. THE USER AGREES THAT IT USES THE WEBSITE
AT ITS OWN RISK.
THE USER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED
BY LAW, AGAINST ANY CAUSE OF ACTION, ALL LIABILITIES, LOSSES, COSTS OR EXPENSES
WITH RESPECT TO ANY CLAIM BY THIRD PARTIES ARISING OUT OF THE USER'S FAILURE TO
PERFORM ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
USERS WILL NOT HOLD RP LTD. AND ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS,
AGENTS, OR EMPLOYEES ACCOUNTABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE RELATING
TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE PROJECT/ENTERPRISE INFORMATION
ACCESSIBLE THROUGH ARTHA OR THE USE OF THAT INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE
THAT ARTHA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS, CONTRIBUTORS OR THIRD PARTIES OVER WHICH IT HAS NO CONTROL.
Nothing in these Terms shall exclude or in any way limit RP Ltd.'s liability for
fraud, or for death and personal injury caused by its negligence, or any other liability
to the extent that it cannot be excluded or limited as a matter of applicable law.
Intellectual Property Rights
The works of authorship contained on the Website, including but not limited to all
copyright, designs, trademarks, logos, data, text and images, whether registered
or unregistered, are the intellectual property rights of RP Ltd., its affiliates
or third parties who have supplied information to RP Ltd. and are protected by the
applicable laws, including but not limited to international intellectual property
laws, treaties and conventions.
RP Ltd. reserves the right to take legal action in respect of any infringement of
these works of authorship or information contained on the Website, including any
legal action in respect of any reproduction, copying (other than in accordance with
the Terms), distribution, framing, uploading to a third party, publication, adaptation,
broadcasting, public performance or other communication to the public of the works
of authorship or information contained on the Website without the prior written
consent of RP Ltd.
RP Ltd. assumes no responsibility, and shall not be liable for, any damages to,
or viruses that may infect, your computer equipment or other property on account
of your access to, use of, or browsing Artha or your downloading of any materials,
data, text, images, video, or audio from the Website.
You may include a link on your website to the Artha home page, currently located
at [http://arthaplatform.org] ("Home Page"). You may not link to an internal or
subsidiary page of Artha that is located one or several levels down from the Homepage
and in the internal domain portion of the site, or bring up or present Artha Platform
Content within another website without prior written approval from RP Ltd.
The Artha Website may contain links to other websites. These websites are not under
the control of RP Ltd. and RP Ltd. is not responsible for the contents thereof.
These Terms shall survive any termination of your use of or contribution to the
If any provision of these Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and
shall not affect the validity and enforceability of any remaining provisions. In
the place of an invalid provision, a valid provision is presumed to be agreed upon
by the parties, which comes economically closest to the one actually agreed upon.
Modification of Terms
These Terms may be modified by RP Ltd. in its sole discretion from time to time
and such modifications shall automatically become part of these Terms and shall
be effective once posted by RP Ltd. on the Website. Your participation in the use
of the Website will be subject to any such modifications. All users should review
the Website and these Terms from time to time for any modifications. Neither the
course of conduct between parties nor trade practice shall act to modify any provision
of these Terms.
a. In the course of your use of Artha, you will be asked to provide certain
information to us, and we may collect certain information about
you. Our use of information you provide or otherwise collected by us through Artha
b. RP Ltd. reserves the right at all times to disclose any information as
RP Ltd. deems necessary to satisfy any applicable law, legal
process or other governmental request, to operate the Artha Platform properly, or
to protect ourselves and/or the Users.
Comments and Feedback
If you have any questions or comments about the Website and would like to contact
the team at RP Ltd., please email firstname.lastname@example.org.
The parties hereto are and remain independent parties. It is not the parties' intent
to create (and these Terms do not create) the formation of a partnership, joint
venture or similar relationship between the parties.
Headings are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section.
Failure or neglect by RP Ltd. to enforce any of the provisions of these Terms shall
not be construed or deemed to be a waiver of RP Ltd.'s rights nor shall this affect
the validity of the whole or any part of these Terms, nor prejudice RP Ltd.'s rights
to take subsequent action.
All rights not expressly granted herein are hereby reserved.
Applicable law and jurisdiction
All disputes arising out of or in connection with these Terms shall be finally settled
under the Rules of Arbitration of the International Chamber of Commerce by three
arbitrators appointed in accordance with the said Rules. The place of arbitration
shall be Zurich, Switzerland. The language of the arbitral proceedings shall be
the English language. Notwithstanding the foregoing, RP Ltd. may seek recourse in
any jurisdiction worldwide in order to restrain the unlawful use of any of the material
contained in the Website.