Standard Terms & Conditions
These Terms of Service (“Terms”) constitute the entire agreement between Cappitall Want Solutions Private Limited, operating its technology platform under the brand name Cappitall Want Network (“CWN”, “we”, “us”, or “our”), and any person or entity accessing or using CWN’s website or platform, whether as a Client (any business or entity engaging CWN for the provision of Services), a User (any individual accessing or using the website or platform), or a Partner (any person or entity entering into a collaborative, referral, or revenue-sharing arrangement with CWN), each individually referred to as “you” and collectively as “Parties”. These Terms apply to and govern all interactions, transactions, and engagements on or through CWN’s website and platform. Where CWN has entered into a separate written agreement with a Client or Partner, including but not limited to a Letter of Engagement, Partner Agreement, or any other executed contract (“Specific Agreement”), the terms of such Specific Agreement shall prevail over these Terms to the extent of any inconsistency. In the absence of any such Specific Agreement, these Terms shall constitute the sole governing document for the relationship between CWN and you. By accessing or using CWN’s website or platform in any capacity, you confirm that you have read, understood, and agree to be bound by these Terms.
Definitions
“Services” means the services provided or made available by CWN through its website or platform, as described herein or as agreed under any Specific Agreement entered into between CWN and a Client or Partner.
“CWN”, “we”, “us” or “our” means Cappitall Want Solutions Private Limited, operating its technology platform under the brand name Cappitall Want Network.
“You” or “your” means any person or entity accessing or using CWN’s website or platform, whether as a Client, User, or Partner, as defined below:
- “Client” means any business or entity engaging CWN for the provision of Services;
- “User” means any individual accessing or using CWN’s website or platform; and
- “Partner” means any person or entity entering into a collaborative, referral, or revenue-sharing arrangement with CWN.
“Specific Agreement” means any separate written agreement executed between CWN and a Client or Partner, including but not limited to a Letter of Engagement, Partner Agreement, or any other executed contract.
” Platform” means the proprietary software/software’s offered by CWN, accessible via its website or application, through which CWN delivers its programs, tools, and related functionalities to subscribed users.
Confidentiality
“Confidential Information” means any sensitive, proprietary, or non-public information concerning the business, affairs, finances, operations, or strategies of a Client or Partner, acquired by CWN in the course of providing the Services. CWN shall preserve the confidentiality of all Confidential Information and shall not disclose it to any person or entity except as expressly permitted under these Terms or with your prior written consent. CWN may, however, disclose Confidential Information to its employees, consultants, or advisers on a need-to-know basis for the purpose of delivering the Services, and to third parties who facilitate the administration of CWN’s business or support its infrastructure, provided that all such persons are bound by confidentiality obligations no less stringent than those set out herein. CWN may further disclose Confidential Information to its professional indemnity insurers or legal advisers, solely on a confidential basis and only to the extent necessary, and CWN shall remain responsible for ensuring compliance with confidentiality obligations by all such persons. Where CWN is required by law, regulation, or order of a competent authority, including revenue authorities, to disclose Confidential Information, CWN shall, wherever legally permissible, provide you with reasonable prior written notice before making such disclosure, and shall not be liable to you for any loss, damage, or adverse consequence arising from or connected with such disclosure. This clause shall not apply to information that has properly entered the public domain through no breach of these Terms or any other confidentiality obligation. CWN reserves the right to refer to the fact that it has provided Services to you in its external communications, including by identifying you by name or logo and indicating the general nature or category of Services rendered, limited to information already in the public domain, and any such reference shall not constitute a breach of CWN’s confidentiality obligations.
Standard of Services and Deliverables
CWN shall perform the Services with reasonable skill and care and represents that it possesses the requisite knowledge, expertise, technical know-how, experience, personnel, and resources necessary for the execution of the Services, along with all licenses and permits required to conduct its advisory functions and undertake the activities described herein. Where any aspect of the Services takes longer than anticipated, CWN shall exercise its professional judgment in resolving the same and shall document the reasons for any such delay. CWN may provide you with written advice, verbal advice subsequently confirmed in writing, or a final written report or deliverable as appropriate to the nature of the Services being rendered. Prior to the issuance of any final deliverable, CWN may provide verbal, draft, or interim advice, reports, or presentations, and in such circumstances, CWN’s final written advice or deliverable shall take precedence over all prior communications, and no reliance may be placed by you on any draft, interim, or verbal advice or presentation. Where you wish to rely on verbal or draft advice, you shall notify CWN, upon which CWN shall provide written confirmation of the advice concerned. CWN shall not be required to update any advice, report, or deliverable in respect of events or developments occurring after it has been issued in final form, provided such deliverable has been marked as a final version in writing.
Any advice, report, or deliverable provided by CWN in respect of the Services is for your benefit only and shall not be copied, referred to, or disclosed, in whole or in part, to any third party without CWN’s prior written consent, except where required by law or a competent regulatory authority, in which case you shall, unless prohibited by law, inform CWN in advance, or where disclosure is made for your own internal purposes. CWN disclaims all responsibility and liability for any costs, damages, losses, or expenses incurred by any person as a result of the circulation, publication, reproduction, or use of its advice, reports, or deliverables contrary to the provisions of this clause. You may disclose any advice, report, or deliverable provided by CWN to your legal or other professional advisers solely for the purpose of seeking advice in relation to the Services, provided that in doing so you inform them that any further disclosure by them, save for their own internal purposes, is not permitted without CWN’s prior written consent, and that CWN accepts no liability or responsibility to them in connection with the Services.
Ownership and Intellectual Property
CWN shall retain ownership of the copyright and all other intellectual property rights in all work product, outputs, deliverables, and materials created or developed in the course of providing the Services, including all working papers, methodologies, tools, frameworks, and processes utilised or developed by CWN. Upon full payment of the fees agreed between CWN and the Client or Partner for the relevant Services, you shall acquire ownership of the tangible form of the specific deliverable produced for you, however, such transfer of tangible ownership shall not constitute a transfer of any underlying intellectual property rights, which shall remain vested in CWN at all times.
Information, Documents and Communications
CWN shall not independently verify the accuracy, completeness, or authenticity of any information or documents provided by you for the purpose of delivering the Services, unless expressly agreed otherwise, and shall not be liable for any loss, damage, or adverse consequence arising from any inaccuracy, omission, or other defect in any information or documents so supplied. You represent and warrant that all information and documents provided to CWN are accurate, complete, and not misleading to the best of your knowledge. CWN may communicate with you by electronic mail and other electronic means, and by engaging with CWN through such means, you acknowledge and accept the inherent risks associated with electronic communication, including but not limited to risks of interception, data loss, or unauthorised access. CWN may also, at your request, transmit documents to an electronic storage facility hosted, controlled, or directed by you, in which case you shall bear sole responsibility for the security, confidentiality, and integrity of such facility and any documents stored therein, and CWN shall have no liability in respect of any loss or breach arising from the use of such facility.
Conflicts of Interest
CWN is committed to identifying and managing conflicts of interest that may arise in the course of providing Services to its Clients and Partners. Where a potential or actual conflict of interest is identified, CWN shall implement all necessary and appropriate measures to protect the interests of each Client and Partner, which may include the establishment of separate teams, segregation of data and information, operational separation, restricted access controls, or such other barriers as CWN deems necessary in the circumstances. The effective implementation and operation of such measures shall constitute sufficient steps on the part of CWN to manage the conflict and to avoid any real risk of a breach of its duty of confidentiality and care owed to you. CWN shall, where reasonably practicable and to the extent permitted by law or applicable professional obligations, notify you of the existence of a conflict of interest, without being required to disclose information that is confidential to any other Client or Partner.
Force Majeure
For the purposes of this Agreement, a “Force Majeure Event” means any circumstance beyond a party’s reasonable control, including but not limited to acts of God, flood, drought, earthquake, or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war or threat of war, nuclear, chemical or biological contamination, any law or governmental action, any labour dispute including strikes or lockouts, non-performance by suppliers caused by any of the foregoing events, or interruption or failure of utility services. Neither party shall be in breach of this Agreement, nor liable for any failure or delay in performance of its obligations, to the extent such failure or delay is caused by a Force Majeure Event, provided that the affected party has complied with its obligations under this Clause. The affected party shall notify the other party in writing as soon as reasonably practicable upon becoming aware of a Force Majeure Event, specifying its nature, likely duration, and the obligations affected, and shall provide further written notice promptly upon the event ceasing. The affected party shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event and to resume performance as soon as reasonably practicable, and the obligations of both parties shall be suspended for the duration of the event to the extent that performance is prevented or delayed by it. If a Force Majeure Event continues for a period of [30/60/90] days or more, either party may terminate this Agreement by giving not less than [14] days’ written notice to the other, without liability to either party, save that each party shall remain liable for obligations accrued prior to the Force Majeure Event and any pre-paid sums for unperformed obligations shall be refunded within [30] days of termination. This Clause shall not apply where the Force Majeure Event is attributable to the affected party’s failure to take reasonable precautionary measures, comply with applicable law, or perform its financial obligations under this Agreement.
Third Party Rights
These Terms are entered into solely between CWN and you, and nothing in these Terms shall create, confer, or be construed as intending to create or confer any rights or remedies upon any third party. No third party shall have any right to enforce, rely upon, or benefit from any provision of these Terms, whether under any applicable legislation conferring third party contractual or other rights or otherwise, and the application of any such legislation is hereby expressly excluded to the fullest extent permitted by law.
Exclusions and Limitations of Liability
CWN’s liability in connection with the Services shall be governed and limited in accordance with this clause. CWN shall not be liable to you, whether in contract, tort, statute, or otherwise, for any consequential, special, indirect, incidental, punitive, or exemplary damages, costs, expenses, or losses, including without limitation lost profits and opportunity costs, arising from or in connection with the Services, regardless of whether CWN had been advised of the possibility of such damages. CWN’s aggregate liability to you, whether in contract, tort, statute, or otherwise, for any direct loss or damage arising from or in connection with the Services, howsoever caused, including as a result of CWN’s negligence, shall be limited to: (a) in respect of a specific assignment or project, the total fees paid or payable by you to CWN for that specific assignment; and (b) in respect of ongoing Services, the fees paid by you to CWN in the one month immediately preceding the event giving rise to the claim. Notwithstanding the foregoing, nothing in these Terms shall limit or exclude CWN’s liability for fraud, fraudulent misrepresentation, or any other deliberate breach of duty, or for any liability that cannot be excluded or limited under applicable law.
Indemnity
You agree to indemnify, defend, and keep indemnified CWN, its directors, officers, employees, consultants, affiliates, and assigns against all losses, damages, harm, costs, charges, liabilities, and expenses, including without limitation reasonable legal expenses and any amounts paid by CWN to a third party in settlement of any claim or dispute, incurred or suffered by CWN arising out of or in connection with any default, act, omission, or breach by you of any provision of these Terms, any misrepresentation made by you, any unauthorised use of CWN’s website or platform, or any claim by a third party arising from or connected with your conduct, your User Content, or your use of the Services. This indemnity shall not apply to the extent that any such loss, damage, claim, or proceeding is determined by a competent court of final jurisdiction to have resulted primarily from CWN’s own wilful default or fraud in the performance of the Services. This indemnity shall survive the termination or expiry of your engagement with CWN and shall continue in full force and effect thereafter.
Capacity and Authority
You confirm that you have the necessary legal capacity, powers, and authorisations, and have obtained all required consents and approvals, to validly and lawfully enter into and be bound by these Terms. Where Services are to be rendered to any affiliated entities, group companies, or other beneficiaries on whose behalf you are acting, you agree to these Terms both on your own behalf and as agent for such beneficiaries, and you shall procure that all such beneficiaries are made aware of and act in accordance with these Terms as if they were themselves a party hereto. Notwithstanding the foregoing, you alone shall remain solely responsible for the payment of all fees due to CWN in respect of the Services, regardless of the number of beneficiaries to whom the Services are rendered.
Termination
The termination of this engagement shall be governed by and determined in accordance with the terms set out in the applicable Agreement entered into between the parties. Where CWN provides Services directly, either party may terminate the engagement as per the terms and conditions specified in the Agreement governing such Services, and upon such termination, you shall remain liable for all fees and charges due to CWN in respect of Services rendered up to the effective date of termination, following which CWN shall have no obligation to perform any further Services. Where you access and use CWN’s offerings through a subscription to the platforms, termination or cancellation of such subscription shall be governed by the subscription terms applicable to the platforms, and upon such termination, your access to the platforms and all associated programs shall be suspended or revoked with effect from the date of termination. Notwithstanding the nature of the engagement, whether through Services or platform subscription, the provisions of these Terms relating to confidentiality, ownership and intellectual property, exclusions and limitations of liability, indemnity, and any other provisions which by their nature are intended to survive termination, shall continue in full force and effect, and termination shall not affect any accrued rights, remedies, obligations, or liabilities of either party existing as at the date of termination.
Severability, Waiver and Assignment
Each provision of these Terms constitutes a separate and independent obligation, and if any provision is held by a court or authority of competent jurisdiction to be void, invalid, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect unaffected by such holding. The failure of either party to exercise or enforce any right or remedy available to it under these Terms shall not constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. Neither party shall assign, transfer, charge, or otherwise deal with any of its rights or obligations under these Terms without the prior written consent of the other party, and any purported assignment in breach of this provision shall be void.
Governing Law and Jurisdiction
These Terms shall in all respects be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka, and each party hereby irrevocably submits to such jurisdiction.
Acceptance of Terms
CWN has made every effort to ensure that the information contained on its website and platform is accurate and up to date; however, CWN makes no warranty, express or implied, as to the accuracy, comprehensiveness, or correctness of any Services or products made available on the website or platform, and all Services and products are provided on an “as is” and “as available” basis. By accessing or using CWN’s website or platform, you confirm that you have read, understood, and agree to be bound by these Terms, including the Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms, you must immediately refrain from accessing or using the website or platform.
The Services and information displayed on CWN’s website or platform constitute an “invitation to offer” to you. Your request or intention to obtain any Service constitutes your “offer,” which shall be subject to these Terms and any separate agreement to be entered into with CWN for that purpose. No act or omission of CWN prior to the execution of such a separate agreement shall constitute acceptance of your offer or give rise to any binding obligation on CWN’s part.
The website and platform are freely accessible to Users; however, access to certain Services shall require you to register with CWN, create an individual account, and enter into a separate agreement for the purchase or engagement of such Services. You represent and warrant that all registration information provided by you is accurate, complete, and current, and you undertake to promptly update such information whenever it changes. CWN reserves the right to suspend or terminate your account if any registration information is found to be inaccurate, incomplete, or misleading.
CWN reserves the right to amend these Terms and the Privacy Policy at any time, as it deems necessary, without prior notice to you. You are encouraged to review these Terms and the Privacy Policy periodically to stay informed of any changes. Your continued use of CWN’s website or platform following any such amendment shall constitute your implied acceptance of the revised Terms and Privacy Policy.
CWN is committed to protecting your privacy and will not share your personal information with any third party except as described in its Privacy Policy. As a condition of engagement, CWN may require your consent to send you administrative and promotional communications via email, SMS, or telephone. You may opt out of promotional communications at any time by clicking the unsubscribe link in any promotional email or by submitting a written request to CWN for that purpose.
As part of providing the Services, CWN may collaborate with third party service providers. Where any Service involves your interaction with, or the arrangement or services of, a third party, you hereby acknowledge and consent to engaging in such arrangement solely at your own risk and with full prior knowledge of the involvement of such third party. You further acknowledge and consent that, as part of availing such third party services, your information and user content may be shared with such third parties to the extent necessary, as further described in CWN’s Privacy Policy. CWN shall not be liable for any act, omission, or default of any third party in connection with such services or arrangements.
Through its website and platform, CWN provides Users with access to a database of lenders, borrowers, and service providers in relation to various financial and advisory services, and your use of such access shall always be subject to these Terms and any applicable separate agreement.
Acceptable Use
You must not access or use CWN’s website or platform in any manner that causes, or is likely to cause, damage to, or impairment of the availability, integrity, or accessibility of the website or platform, or in any manner that is unlawful, illegal, fraudulent, misleading, deceptive, harmful, or objectionable, or that facilitates or encourages any such activity. You must not use CWN’s website or platform to copy, store, host, transmit, send, publish, or distribute any material that contains or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, ransomware, or any other form of malicious or harmful code or software. You must not conduct any systematic, automated, or unauthorised data collection activities on or in relation to CWN’s website or platform, including but not limited to scraping, data mining, data extraction, data harvesting, or any other similar activity, without CWN’s express prior written consent. You must not use CWN’s website or platform to transmit, send, or facilitate unsolicited commercial communications, spam, or any other form of unauthorised mass communication. Any breach of this clause shall entitle CWN to immediately suspend or terminate your access to the website or platform without notice, and without prejudice to any other rights or remedies available to CWN under these Terms or applicable law.
Restricted Access
Access to certain areas of CWN’s website or platform is restricted, and CWN reserves the right to restrict, limit, or suspend access to any area of its website or platform, or the website or platform in its entirety, at its sole discretion and without prior notice. Where CWN provides you with a user ID, password, or any other access credentials to enable you to access restricted areas of the website or platform, you shall ensure that such credentials are kept strictly confidential and are not disclosed to any third party. You are solely responsible for maintaining the confidentiality of your access credentials and for all activities, transactions, and conduct that occur under your account, whether or not authorised by you. You agree to notify CWN immediately upon becoming aware of any unauthorised use of your account or any breach of security relating to your access credentials. CWN shall not be liable for any loss or damage arising from your failure to maintain the confidentiality of your access credentials or from any unauthorised use of your account. CWN reserves the right to disable your user ID, password, or any other access credentials at its sole discretion, at any time and without notice or explanation, including where CWN reasonably believes that you have breached any provision of these Terms.
Subscription and Access Fees
Access to certain Services and restricted areas of CWN’s website or platform is contingent upon and subject to you maintaining an active subscription by paying the applicable fees to CWN as specified in the relevant Specific Agreement entered into between you and CWN for that purpose. CWN reserves the right to restrict, suspend, or terminate your access to the website or platform, or any part thereof, in the event that your subscription lapses, is cancelled, or the applicable fees are not paid in full and on time. Any restriction or loss of access arising from your failure to maintain an active subscription or to pay the applicable fees shall be solely your responsibility, and CWN shall not be liable for any loss, damage, or inconvenience arising therefrom. CWN reserves the right to revise its subscription plans and applicable fees from time to time, and any such changes shall be communicated to you in accordance with these Terms.
CWN accepts all major and widely used modes of payment, including but not limited to credit cards, debit cards, net banking, UPI, and other digital payment instruments as may be made available from time to time. In accordance with the guidelines issued by the Reserve Bank of India (RBI), CWN does not store, retain, or save your card details, banking credentials, or any other sensitive payment information on its servers. All payment transactions are processed through secure, RBI-compliant third-party payment gateways, and your financial data is handled solely by such authorized payment processors in accordance with applicable laws and regulations.
Refund Policy
This Refund Policy forms part of the Terms of Service of Cappitall Want Solutions Private Limited, operating under the brand name Cappitall Want Network (“CWN”, “we”, “us”, or “our”) and applies to all Clients, Users, and Partners (“you”).
All fees paid to CWN are non-refundable, except where expressly stated otherwise or required under applicable law. If you believe you have been charged in error, you may submit a refund request by writing to support@cappitallwant.com, along with relevant details, reasons, and supporting documentation.
Refunds may be considered, at CWN’s sole discretion, in limited circumstances such as duplicate payments, billing errors attributable to CWN, or where Services have not been initiated within a reasonable time without any fault on your part. If approved, refunds will be processed within 15–30 business days through the original payment method. CWN is not responsible for delays caused by banks, payment gateways, or financial institutions.
Refunds will not be issued in cases including but not limited to change of mind, dissatisfaction with outcomes, failure to achieve intended results, partial or non-use of Services, delays attributable to you (including failure to provide required information), or termination due to your breach of these Terms. Services involving third parties are subject to the applicable policies of such third parties, and CWN shall not be responsible for refund obligations arising from such services.
Cancellation Policy
This Cancellation Policy forms part of the Terms of Service of Cappitall Want Solutions Private Limited, operating under the brand name Cappitall Want Network (“CWN”, “we”, “us”, or “our”) and applies to all Clients, Users, and Partners (“you”).
You may cancel your use of Services or subscription to the platform at any time in accordance with the applicable Specific Agreement or subscription terms. Cancellation requests must be submitted in writing to support@cappitallwant.com and shall become effective only upon confirmation by CWN. Upon cancellation, your access to the Services or platform may be suspended or terminated, as applicable.
Cancellation does not relieve you of your obligation to pay for Services already rendered or for any fees accrued prior to the effective date of cancellation. For subscription-based access, cancellation will stop future billing cycles; however, you will continue to have access for the remainder of the paid subscription period, unless otherwise specified, and no refunds shall be provided for any unused portion.
CWN may suspend or terminate your access to the Services or platform at any time, without prior notice, in the event of breach of these Terms, non-payment, misuse of the platform, or where required for legal or operational reasons. In such cases, CWN shall have no obligation to provide any refund, and any outstanding dues shall remain payable.
User Registration
To register on CWN’s website or platform, you must be a valid legal entity and not an individual, and must satisfy the following criteria: you must possess valid charter documents; maintain a registered office in India; hold a valid bank account; hold a valid Permanent Account Number (PAN); and have the due authorisation and legal capacity to enter into a binding contract under the Indian Contract Act, 1872. CWN, in its sole discretion, reserves the right to refuse, cancel, suspend, or restrict the registration or usage of the website or platform for any User, Client, or Partner, without being required to provide any reason for such refusal, cancellation, suspension, or restriction.
For the purpose of creating and maintaining a user account, you shall upload all documents and information required by CWN at the time of registration and as may be requested by CWN from time to time for the purpose of rendering the Services, completing verification, or ensuring ongoing compliance. Upon successful verification of your details and documents, CWN may, at its discretion, display your details on its website or platform as appropriate to the nature of the Services being provided.
You are solely responsible for all activities that occur on your user account and for maintaining the confidentiality of your account credentials. You are strictly prohibited from using another User’s account; impersonating another User, Client, Partner, or any other person or entity; registering a username or account name that is offensive, vulgar, obscene, misleading, or otherwise unlawful; or engaging in any activity through your account that is in breach of these Terms or applicable law. Any breach of the obligations set out in this clause shall entitle CWN to immediately suspend or terminate your account without notice and without prejudice to any other rights or remedies available to CWN under these Terms or applicable law.
User Content and Information
For the purposes of these Terms, “User Content” means any material, including without limitation text, images, audio material, video material, and audio-visual material, submitted by you to CWN’s website or platform for the purpose of availing the Services. User Content may also include your personal data as defined under the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”), as may be amended or replaced from time to time.
By submitting User Content to CWN’s website or platform, you grant CWN a non-exclusive, royalty-free, worldwide licence to use, reproduce, adapt, publish, translate, and distribute your User Content across any existing or future media, solely for the purpose of providing the Services to you as per these Terms and any applicable Specific Agreement. You further grant CWN the right to sub-licence these rights to third parties to the extent necessary for the delivery of the Services, and the right to bring an action for infringement of these rights. CWN shall process your personal data in accordance with the DPDP Act and the DPDP Rules, and by submitting User Content, you hereby provide your free, specific, informed, unconditional, and unambiguous consent to CWN processing your personal data for the purposes described in these Terms and CWN’s Privacy Policy. You acknowledge your right to withdraw such consent at any time with the same ease with which it was given, and that withdrawal of consent may affect CWN’s ability to provide the Services to you.
You represent and warrant that all User Content submitted by you is accurate, complete, and not misleading, and that the availability and extent of Services that CWN is able to provide is entirely dependent on the accuracy and veracity of the User Content submitted by you. You shall bear full responsibility for any User Content submitted by you and for any consequences arising from inaccurate, incomplete, or misleading User Content. Your User Content must not be illegal, offensive, sexually explicit, racist, hateful, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, lascivious, ethnically objectionable, disparaging, or menacing, and must not promote or threaten the unity, integrity, security, or sovereignty of India or adversely affect India’s relations with foreign states, or contain any software virus or malicious code, or cause annoyance or inconvenience to any person. Your User Content must not infringe any third party’s intellectual property, privacy, or other legal rights, and must not be capable of giving rise to any legal action, whether against you, CWN, or any third party, under any applicable law.
CWN, as a Data Fiduciary under the DPDP Act, shall process your personal data only for lawful purposes, shall implement appropriate technical and organisational security measures as prescribed under the DPDP Rules to protect your personal data against breaches, shall notify you and the Data Protection Board of India of any personal data breach in the manner and within the timelines prescribed under the DPDP Rules, and shall not retain your personal data beyond the period necessary for the purposes for which it was collected, unless required by applicable law. CWN shall ensure that any Data Processor engaged by it to process your personal data is contractually bound by obligations consistent with the DPDP Act and DPDP Rules. As a Data Principal under the DPDP Act, you have the right to access a summary of your personal data being processed by CWN, the right to correction and erasure of your personal data, the right to grievance redressal through CWN’s designated grievance mechanism, and the right to nominate another individual to exercise your rights in the event of your death or incapacity, all in accordance with and subject to the provisions of the DPDP Act and DPDP Rules.
CWN reserves the right to review, edit, remove, or refuse to publish any User Content submitted to its website or platform or stored on its servers, at its sole discretion and without prior notice, where CWN reasonably believes such User Content to be in breach of these Terms or applicable law. “Reasonable security measures” for the purposes of these Terms shall have the meaning ascribed to it under Rule 6 of the DPDP Rules and CWN’s Privacy Policy.
General Disclaimer
Nothing on CWN’s website or platform constitutes, or is intended to constitute, advice of any kind. The website and platform are created solely to provide information about CWN and its Services. If you require advice in relation to any matter concerning CWN’s Services, please email us at business@cappitallwant.com For any services outside the scope of CWN’s Services, you should consult an appropriately qualified professional.
CWN is a technology platform that, as part of its bouquet of Services offered to start-ups and small and medium enterprises (“SMEs”), facilitates connections between such start-ups and SMEs and corporate financial lending institutions, including banks and non-banking financial companies, by matching the needs of borrowers and lenders. CWN does not operate a platform through which loans are disbursed or collected, does not engage in any collaboration or tie-up with any third party financial institution for operating any disbursal or collection escrow accounts, and is not to be deemed, construed, or understood to be a peer-to-peer lending platform within the meaning of the Master Directions – Non-Banking Financial Company – Peer to Peer Lending Platform (Reserve Bank) Directions, 2017 (“P2P Directions”) issued by the Reserve Bank of India (“RBI”). None of the activities undertaken or Services provided by CWN are intended to fall within the purview of peer-to-peer lending activity as regulated by the RBI.
As part of its Services, CWN offers its Clients and Users the opportunity to connect with and engage directly with financial institutions. In connection with such engagement, CWN may offer advisory services to assist Clients and Users in improving their eligibility to avail loan facilities from lenders, and as an extension of such services, may submit timely repayment reports or such other information to lenders on behalf of its Clients and Users, for which CWN may earn a commission from lenders and borrowers. CWN relies entirely on information provided by its Clients and Users for preparing such reports, as it does not directly manage, facilitate, or promote the disbursal or repayment of loans, such engagement being directly between the Client or User and the prospective lender. Accordingly, CWN does not provide any assurance, whether to you as a Client or User or to any lender, as to the accuracy of any such reports, and expressly disclaims all liability in that regard. Any reporting services provided by CWN are ancillary in nature, intended solely to facilitate and promote engagement between you and a third party lender, and shall not be solely relied upon by you or any third party lender as the basis for entering into any lending arrangement.
CWN does not provide KYC verification services for Clients, Users, or lenders, and does not verify compliance with KYC norms or such other requirements as mandated by the RBI or otherwise. CWN’s role is limited to compiling information provided by its Clients and Users to facilitate and promote their eligibility for loan facilities, and to providing lenders accessing its platform with the opportunity to identify potential lending opportunities. While CWN makes reasonable efforts to carry out background checks and assess the quality of Clients and Users indicated on its website or platform as eligible borrowers, and of lenders indicated to borrowers as typically interested in extending loan facilities, such efforts shall not be construed as accurate validation or representation by CWN regarding the quality, creditworthiness, or accountability of any such Client, User, or lender. All KYC checks and verification of borrowers and lenders remain the sole responsibility of the respective lender and borrower as part of any separate engagement entered into directly between such parties. The lender shall be solely responsible for making all decisions regarding the offer of any loan facility to any Client or User of CWN, including assessments of eligibility, KYC compliance, and any other applicable criteria.
CWN shall not be liable and expressly disclaims all responsibility for any loss, damage, or harm suffered by any Client, User, lender, or any other person relying on information or reports provided by CWN in connection with any engagement entered into between such parties. Where these Terms conflict with any Specific Agreement entered into between you and CWN for the purpose of availing the Services, the Specific Agreement shall prevail to the extent of such inconsistency.
Disclaimer of Warranties
All information pertaining to Users, Clients, and Partners on CWN’s website or platform, including financial status and related details, is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including without limitation any implied warranties of accuracy, completeness, merchantability, or fitness for a particular purpose. CWN does not warrant that any information or material placed on its website or platform, including information pertaining to the financial status or capability of any User, Client, or Partner, is accurate, complete, or current, and expressly disclaims any intention or motive to benefit, directly or indirectly, from any misinformation or misrepresentation, whether pertaining to its Services or to its Users, Clients, or Partners.
By uploading any content, representation, or statement of your financial status, proof of identity, proof of residence, or any other information to CWN’s website or platform, you represent and warrant that: you have the lawful right to reproduce and distribute such content; the content is true, authentic, accurate, and complete to the best of your knowledge; the content complies with all applicable laws and regulations; and the content is not placed on the website or platform with the intention to defraud any other User, Client, Partner, lender, or any other person, or to create a false impression regarding your eligibility to avail any lending facility or the services of any third party with whom CWN collaborates.
You further represent and warrant that you have not been accused of, charged with, or found liable for any fraud, misrepresentation, or default in repayment of any claims or monies to any third party, whether a financial institution or otherwise, and that there are no outstanding disputes in connection with your financial status or conduct that may constitute moral turpitude. You represent and warrant that you are legally competent to execute, be bound by, and adhere to these Terms, and that your execution of and compliance with these Terms does not violate any applicable law or any agreement to which you are a party.
Your access to and use of CWN’s website, platform, and Services is entirely at your own risk. CWN shall have no responsibility or liability for any loss, damage, harm, or adverse consequence suffered by you in connection with your use of CWN’s website, platform, or Services, whether offered through the website or platform or otherwise, to the fullest extent permitted by applicable law.
Acknowledgements
You acknowledge that CWN is not engaged in the grant or receipt of loans, nor is CWN directly involved in the disbursal or repayment of loans between lenders and borrowers on its website or platform, and that CWN is solely engaged in providing advisory and facilitation services to assist its Clients and Users in becoming eligible to avail loan facilities from third party lenders. You further acknowledge that neither CWN nor any of its subsidiaries or affiliates has any interest in the grant or receipt of any loan by any Client, User, or lender, beyond that which is solely connected with the provision of its Services.
You acknowledge that CWN shall not be responsible or liable for any claim, loss, or damage arising from the failure of any lender to grant a loan or the failure of any borrower to repay a loan, whether in whole or in part, and that CWN provides its Services solely on a best efforts basis and makes no warranty or guarantee that the performance of any Service will meet or satisfy all of your requirements. You further acknowledge that CWN makes no warranty or guarantee that any lender or borrower has provided accurate, complete, or truthful information to the other, and that CWN does not offer any assurance on any information provided on behalf of any lender or borrower as part of the Services it renders. You acknowledge that it is your sole responsibility to independently verify all information prior to entering into any arrangement with any third party, and that CWN shall not be liable for any loss or damage arising from any information on its website or platform that is found to be untrue, inaccurate, or incomplete. You further acknowledge that you have obtained, or shall obtain, appropriate legal or professional advice regarding your eligibility and capacity to lend or borrow through any engagement entered into directly outside of CWN’s website or platform.
You acknowledge and grant CWN permission to use your logo (“Logo”) in accordance with the terms set out herein. You hereby grant CWN a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display your Logo solely in connection with CWN’s marketing, promotional, and advertising materials, including but not limited to its website, social media platforms, presentations, brochures, flyers, newsletters, email campaigns, and other promotional items, for the purpose of promoting CWN’s relationship with you and showcasing you as a Client or Partner. CWN agrees to use the Logo solely for the purposes described herein and shall not use the Logo in any manner that is defamatory, misleading, or harmful to your reputation, or in any way that suggests endorsement or affiliation beyond the scope of these Terms. You shall provide the Logo to CWN in a high-resolution format at business@cappitallwant.com. You shall retain all rights, title, and interest in and to the Logo, and nothing in these Terms shall be construed as granting any ownership rights in the Logo to CWN. CWN shall use the Logo in accordance with your brand guidelines and shall not alter, modify, or distort the Logo in any manner without your prior written consent. This licence shall automatically terminate upon the termination of your engagement with CWN, upon which CWN shall promptly cease all use of the Logo and remove it from all materials within a reasonable period.
Limitations of Liability
To the fullest extent permitted by applicable law, CWN shall not be liable to you, whether under contract, tort, statute, or otherwise, in relation to the content of, use of, or any matter otherwise connected with CWN’s website or platform. Specifically, where access to CWN’s website or platform is provided free of charge, CWN shall have no liability to you for any direct loss arising from such access or use; where the Services are not provided free of charge, CWN’s aggregate liability to you shall in no event exceed the total amount of fees actually paid by you to CWN for the relevant Services giving rise to the claim; and in all cases, CWN shall have no liability to you for any indirect, special, or consequential loss, or for any loss of revenue, income, profits, or anticipated savings, loss of business, contracts, or business relationships, loss of reputation or goodwill, or loss, corruption, or destruction of data or information, whether or not CWN had been advised of the possibility of such loss.
By accessing or using CWN’s website or platform, you confirm that you have read and understood the exclusions and limitations of liability set out in these Terms and agree that they are reasonable in the context of the nature of the Services provided by CWN. If you do not consider these limitations to be reasonable, you must immediately refrain from accessing or using CWN’s website or platform.
Breach
Without prejudice to any other rights or remedies available to CWN under these Terms or applicable law, if you breach any provision of these Terms, CWN shall be entitled to take such action as it deems appropriate in the circumstances, including suspending or terminating your access to the website or platform, prohibiting you from accessing the website or platform, blocking devices using your IP address from accessing the website or platform, contacting your internet service provider to request that they block your access to the website or platform, and pursuing any legal or equitable action against you as may be available under applicable law.
Ownership and Intellectual Property
Except for User Content submitted by you, all material, content, logos, marks, software, and any other elements on or forming part of CWN’s website or platform and the Services, including all copyrights and other intellectual property or proprietary rights therein, are owned by CWN or its licensors. You acknowledge that CWN’s website, platform, and any underlying technology or software used in connection with the Services are proprietary to CWN or duly licensed to it, except where expressly indicated otherwise. You are strictly prohibited from modifying, reproducing, distributing, creating derivative works of, publicly displaying, or in any way exploiting any content, software, marks, logos, or materials available on CWN’s website or platform, in whole or in part, except as expressly permitted under these Terms. You have no express or implied rights to use, in any manner whatsoever, any content, software, marks, logos, or materials available on CWN’s website or platform beyond what is expressly permitted herein. All intellectual property rights owned by you in respect of any material or information provided by you to CWN, including your User Content, shall continue to be owned solely by you, and nothing in these Terms shall be construed as conferring any intellectual property rights in such material on CWN or any third party beyond the licence expressly granted herein.
Variation
CWN reserves the right to revise these Terms at any time at its sole discretion. Any revised Terms will apply prospectively from the date of their publication on CWN’s website or platform. You are encouraged to review these Terms regularly to ensure that you are familiar with the current version. Your continued use of CWN’s website or platform following the publication of any revised Terms shall constitute your implied acceptance of such revised Terms.
Assignment
CWN may transfer, assign, sub-contract, or otherwise deal with any or all of its rights and obligations under these Terms without prior notice to you or your consent, provided that such transfer or assignment shall not adversely affect your rights under these Terms. As the Services are intended to be provided specifically to you as the Client, User, or Partner who has subscribed to access CWN’s website or platform, you may not transfer, assign, sub-contract, or otherwise deal with any of your rights or obligations under these Terms or in respect of the Services without CWN’s prior written consent.
Severability
If any provision of these Terms is found by a court or authority of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby.
Entire Agreement
These Terms, together with any Specific Agreement entered into between you and CWN, shall collectively constitute the entire agreement between you and CWN with respect to the subject matter hereof, and shall supersede all prior undertakings, representations, agreements, and correspondence between the parties in that respect. In the event of any conflict between these Terms and any Specific Agreement, the terms of the Specific Agreement shall prevail to the extent of such inconsistency, as set out in these Terms.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, breach, or termination, shall be subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka, and each party hereby irrevocably submits to such jurisdiction and waives any objection to proceedings in such courts on the grounds of venue, inconvenient forum, or otherwise.