This document is an electronic record as per provisions of Information Technology Act, 2000 and rules thereunder 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.
Welcome to Fracsn! We operate business platform wherein potential investors can form a group and buy fractional ownership of Real Estate from sellers that offer those high potential investments. Website on domain name Fracsn.com and the mobile app Fracsn (hereinafter referred to as “app” which shall mean website and/or mobile app) is owned by Portiqo Tech Private Limited a company incorporated under the Companies Act, 2013 with its registered office at Second Floor, 13 Customs Colony Main Road,Thoraipakkam,Chennai, TN 600097 India (hereinafter referred to as “Fracsn”).
1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF FRACSN SERVICES
We operate business platform wherein potential investors can form a group and buy fractional ownership of Real Estate from sellers that offer those high potential investments. As part of offering and delivering services, Fracsn app provides users with access to a rich collection of resources, information, communication tools and personalized content. You also understand and agree that the Fracsn app may include certain important communications from Fracsn, such as service announcements, administrative messages and Newsletters, and that these important communications are considered part of Fracsn services.
3. USE OF APP
The app may be used only for services in real estate transactions and may not be used for any other purposes. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, transmit, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.
You agree not to use the app dishonestly: (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (b) to stalk, harass, or harm another individual or organization; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (d) to interfere with or disrupt the app or servers or networks connected to the app.
Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the app) are strictly prohibited, unless you have received express written permission from Fracsn. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the app and provide an index with links to the app; only to the extent such unlicensed "fair use" is allowed by applicable copyright law.
4. REGISTRATION AND ACCOUNT OBLIGATIONS
Fracsn may require you to register in order to avail part or all of the services provided by Fracsn. Services available through this app or use of the app are available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use the app. If you are a minor, i.e., under the age of 18 years, you shall not register as a member at Fracsn and shall not transact or use the app. Fracsn reserves the right to terminate your membership and / or refuse to provide you with access to the app if it is brought to Fracsn’s notice or if it is discovered that you are under the age of 18 years.
You agree to provide correct, current and complete information about yourself to Fracsn and maintain current information. In the event you provide us with incorrect information or if we have a valid reason to believe that incorrect information has been furnished, we hold the rights to permanently suspend your account and levy penalty.
When you use the app or send emails or other data, information or communication to Fracsn, You agree and understand that you are communicating through electronic records and you consent to receive communications via electronic records from the company periodically and as and when required. Fracsn may communicate with you by email or by such other mode of communication, electronic or otherwise, and you represent and warrant that all information provided by you is true and accurate and there is no misrepresentation of facts.
As part of our services, we may need to communicate with you via e-mail, phone, SMS, mobile app or through the website. You agree to receive e-mails which are specific to your account and necessary for the normal functioning of the services, including one or more welcome e-mails which help inform new users about various features of the services. You hereby confirm that, you do not have any objection to receiving emails, messages (SMS or any other mode), phone calls from Fracsn, its group companies, affiliates and subsidiaries. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
After completing the registration process by providing Login and Account Information along with other details you may be asked for, Fracsn through its app will issue you with a password and account designation. It is your complete responsibility to maintain confidentiality of the password and account, and you are solely responsible for all activities that occur under your password or account, in no case Fracsn is responsible. You agree to (a) immediately notify Fracsn of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fracsn is not liable for any loss or damage etc., suffered by you due to inaction, negligence and/or failure to comply this clause.
8. INTELLECTUAL PROPERTY RIGHTS
i. This app contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics etc. and the reproduction of the same is prohibited in any manner other than in accordance with the copyright notice, which forms part of these terms and conditions.
ii. All trademarks reproduced in this app which are not the property of, or licensed to, the operator are acknowledged on the app.
9. SUBMISSION OF YOUR CONTENTS
You are strictly prohibited from submitting any information that you are not authorized to submit either through the app or by any other means. Fracsn is not able to guarantee inclusive confidentiality of any questions you might pose, suggestions you give, comments submitted, ideas given, drawings shared, plans formed, original materials offered or other data, you decide to provide via email or other submission process to Fracsn, and that includes other possible postings to our app. Once submitted, these materials will become property of Fracsn and you forfeit your right to afore mentioned materials. Fracsn can then use those materials for any purpose, without notification or payment. You shall also refrain from uploading any illegal, obscene or legally protected content to our app and by doing so shall lead to termination of your account without prior notice in addition to institution of legal suit under suitable provisions of Information Technology Act, 2000.
10. TRADEMARK AND COPYRIGHT RESTRICTION
Users shall refrain from uploading any contents that are trademarked or copyrighted by any third party. Fracsn cannot verify the legality or ownership of contents you upload and you are solely responsible for the contents you upload and shall indemnify Fracsn from any legal implications arising directly or indirectly out of such act.
11. TRADEMARK AND COPYRIGHT INFRINGEMENT COMPLAINT
Fracsn respects the intellectual property of others. In case you feel that your trademark or copyright has been infringed, you can write to Fracsn at firstname.lastname@example.org along with the following:
a. Whoever has authorization by the owner of the exclusive copyright must include their signature.
b. Include your trademark registration number and proof of registered trademark.
c. Show us the exact content in question.
d. Include the email address you wish to receive correspondence to, a phone number, and current address.
e. Include an original statement, explaining what material, in your opinion, has been copyrighted.
f. State that the information submitted is accurate, not perjury, and that you have authorization to be making this complaint.
a. The information contained in this app is for general information purposes only. While sincere efforts are made to keep the information updated and correct, Fracsn makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the app or the information, products, services, or related graphics contained on the app for any particular purpose. We acknowledge that such information and material may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
b. Through this app you are able to link to other websites which are not under the control of Fracsn. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
d. In no event Fracsn is liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this app.
e. Every effort is made to keep the app up and running smoothly. However, Fracsn takes no responsibility for, and will not be liable for, the app being temporarily unavailable due to technical issues beyond our control.
f. Unauthorised use of this app may give rise to a claim for damages and/or be a criminal offence.
a. Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the app in the event, but not limited to:
15. STATUTORY COMPLIANCE
Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and he rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Fracsn app.
17. LIMITATION OF LIABILITY
18. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Ravi D
Address: Second Floor, 13 Customs Colony Main Road, Thoraipakkam, Chennai 600097
Time: Mon – Fri (10:00 AM– 05:30 PM)