General
This website www.atoncap.com (hereinafter referred as “website” or “platform”) owned, managed and operated by Aton Capital Private Limited a Company incorporated under the provisions of the Companies Act, 2013 vide CIN U65929DL2022PTC395124, having its registered office situated 107, First Floor, Veritas Business Suites, Sector 53, Gurugram, Haryana, 122002 ” (hereinafter referred as “Company” or, Aton, “We”, “Us” or “Our).
Aton owns, manages and operate platform/application /website under the name and style viz., ‘Aton’ for the purpose of its business as a Loan Service Provider (LSP). The platform/application /website alongwith the main business of Aton shall hereinafter together be referred to as the “Facility”.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended from time to time.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access and/ or transacting and/ or usage of www.atoncap.com and sets out the terms and conditions governing it and the disclaimer "(Terms & Conditions)"
BY ACCESSING OR USING THIS WEBSITE (HEREINAFTER REFERRED TO AS THE “SITE”) OF ATON, THE INDIVIDUAL USER, IF ACTING ON BEHALF OF HIMSELF OR HERSELF OR THE INDIVIDUAL WHO IS ACTING ON BEHALF OF ANY BODY CORPORATE (HEREINAFTER REFERRED TO AS “USER”) IS AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY AND ALL OTHER STIPULATIONS ON THE SITE. IF USER DOES NOT AGREE TO THIS AGREEMENT, OR ANY PART THEREOF, USER SHALL NOT USE THE FACILITY ANY FURTHER AND SHOULD STOP DEALING WITH AND/OR CEASE TO INITIATE AND DO ANY TRANSACTION OR AVAIL ANY SERVICES FROM ATON. HOWEVER, BY USING THE FACILITY/WEBSITE, THE USER WOULD HAVE DEEMED TO HAVE ACCEPTED THESE HERE TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME. THE “EFFECTIVE DATE” FOR THE ACCEPTANCE WOULD BE THE DATE ON WHICH THE USER ACCESSES / USES THE SITE FOR ANY PURPOSE WHATSOEVER
Use of this Website is regulated by the Terms & Conditions provided herein. User’s visit, dealings, transactions and/or otherwise using this Website shall be treated as User or you have read, understood and hereby unconditionally accept these Terms & Conditions. These Terms & Conditions shall be treated as legally binding and enforceable agreement between Aton and the User.
The information, products and services including but not limited to communications tools, forums, search services, offered on this Website or through other mediums, whether now known or hereafter developed, is solely for the Users information and subject to the Users acceptance of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. Users use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Website. While the Company strives to keep the information relating to the various services offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors and service providers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.
The Terms of Use applies to the User’s/Your use of the software, Website, smart phone applications or other electronic means (“Platform”).
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Company policies (including but not limited to Privacy Policy and terms and conditions of respective services) as amended from time to time.
For the purpose of these Terms of Use, wherever the context so requires "You" “Your” or "User" shall mean any natural or legal person who has agreed to become a registered User on the Website by providing registration data using the computer systems. The Company allows the User to surf the Website without registering on the Website. The term "We", "Us", "Our" “Aton” shall mean Aton Capital Private Limited and includes all its successors, assignees or affiliates.
For the purpose of these Terms of Use 'Company' and 'User' have been collectively referred to as "Parties" and individually as "Party"
These Terms of Use, Privacy Policy and respective Product specific Terms and Conditions read together of the atoncap.com shall constitute a legally binding agreement between User and the Company regarding availing the product and /or services through the atoncap.com.
1. DEFINITIONS:
- "App" means the mobile application by the name ‘Aton' android and iOS platform and / or other app stores.
- “Company” means Aton Capital Private Limited
- "Group Companies" includes any company which is a holding, subsidiary or the fellow subsidiary, associate of the Company.
- "KYC" means all requirements pertaining to "Know your Client" Norms and customer due diligence, with respect to User, as per the requirements prescribed by regulatory authorities from time to time.
- "Laws" means all laws, ordinance, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorisations, consents, waivers, privileges, agreements and regulations of any Governmental authority having jurisdiction over the relevant matter as such which are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time to time hereafter.
- "Privacy Policy" means the privacy policy published on the Website and on the App at any point after acceptance of these here Terms of Use.
- "Terms of Use" shall mean these terms and conditions set out herein regarding the use of the Website and/ or the App by the User.
- "Terms and Conditions" shall mean the product/services specific terms and conditions which are set out in the relevant product/services.
- "User" means any person who downloads the App and/or a person who avails any of services, products or facilities offered through the App or Website.
- "Website" means the website hosted as 'www.atoncap.com'
2. Membership Eligibility:
Use of the Website is 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 or challenge the Terms of Use of the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on website, such use or transaction may be made by Your biological or legal guardian or parents on the Website. The Company reserves the right to terminate Your membership and / or refuse to provide you with access to the Website if it is brought to the notice of the Company or if it is discovered that you are under the age of 18 years or You made representation in any manner.
3. Privacy:
Any Personal Information (as defined below) submitted in connection with Your use of the offerings or the Website is subject to Our Privacy Policy located at Privacy Policy section in this website.
4. Your Account And Registration Obligations:
When You register, the information You provide to Us during the registration process will help Us in offering and improving content, service and management of Your account. You are solely responsible for maintaining the confidentiality of Your account and all activities associated with or occurring under Your Account. You undertake that Your Account information will be accurate/correct at all times. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use or you have misrepresented Us in any manner, We shall have the right to suspend or terminate or block access of Your membership on the Website and refuse to provide You with access to the Website. In any event, the furnishing of any information by you in your account shall not amount to our acceptance of the veracity of such information
5. Transaction And Communication Platform:
- The Website is a platform that Users utilize to interact with the Company for their transactions including advertising/marketing of products of third parties, services of granting, sanctioning facilities and other financial assistance that Aton and its group companies are authorized to provide to the eligible borrowers (“Facilities”).
- In order to avail the services provided by the Company, You are required to register with the Company by logging into Your User account. During the application process, you shall be required to share and upload certain information on the Website. User data shall include Your Aadhar Card details and [personal information including but not limited to Your name, e-mail address, gender, date of birth, mobile number, passwords, photograph, mobile phone information including contact numbers, SMS, call logs and browsing history, data and login-in credentials, financial information such as bank documents, salary slips, bank statements, PAN card, bank account no., data from Credit Information Companies,] data required for Know Your Customer compliances, requirement and other relevant details (“Personal Information”). You agree that the Personal Information shall always be accurate, correct and complete. As part of the services, You authorize Us to import Your details and Personal Information dispersed over third party platforms. You understand and acknowledge that we may periodically request for updates on such Personal Information and we may receive such updated information from third party platforms.
- You understand and acknowledge that you shall be solely responsible for all the activities that occur under Your User account while availing the services. You undertake that Aton shall not be responsible and liable for any claims, damages, and disputes arising out of use or misuse of the services. By usage of the services, you shall be solely responsible for maintaining the confidentiality of the User account and for all other related activities under Your User account. The Company reserves the right to accept or reject Your registration at its sole discretion for the services without obligation of explanation.
- The Personal Information provided during the registration is stored by Us for Your convenience. You are not required to log-in to Your User account, every time, to use or access the Platform. You understand and acknowledge that by accepting these Terms of Use, you authorize us to Track, fetch and use the Personal Information for the purpose of authentication and any updates with regards to Your credentials.
- When You use the Website or send emails or other data, information or communication to us or our registered agents, You agree and understand that You are communicating with Us through electronic records and Your consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by any other modes of communication, electronic or otherwise and You hereby grant consent to Us either calling you on your registered Mobile Phone for the purpose of verification of information provided by you or for communicating details of any of its products, irrespective of Your mobile number being registered in the Do Not Call registry or the NCPR.
6. Intellectual Property Rights:
- This site is controlled and operated by Aton. The User agrees and acknowledges that material on this site, including images and/or illustrations are protected by trademarks, copyrights and other intellectual property rights. All brand names, logos and service marks, inventions and/or any other intellectual property, including, but not limited to, the intellectual property pertaining to the services, content and technology is may be solely and exclusively by owned by or licensed to Aton Capital Private Limited or authorized to use images/information.
- ATON shall retain all right, title, and interest, including all intellectual property rights, in and to the site and its documentation. User will not remove, alter, or destroy any form of copyright notice, proprietary markings, or confidential legends placed upon or contained within the site or its documentation, or any component thereof. Access or use of the site by the user shall be by a limited leave of ATON and shall be accompanied by the inherent copyright existing in favour of ATON therein.
- Except as expressly provided herein, nothing contained herein shall be construed as conferring any license or right under any ATON 's copyright, patent, trademark or other intellectual property rights.
- Nothing provided for as the content and/or through the services shall be construed as an assignment or any right to use other than for the limited purposes provided in these Terms of Use, if any.
- The User hereby agrees and acknowledges that material on Website is solely for his personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.
7. Indemnity:
- You shall indemnify and hold harmless the Company, its licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy policy and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
- You understand and acknowledge that, You are solely responsible for the capability of the electronic devices and the internet connection, you chose to run the Platform. The Platform’s operation or the services on Your electronic device is subject to availability of hardware, software specifications, internet connection and other features and specifications, required from time to time.
- The User hereby agrees to indemnify, keep indemnified and hold harmless the Company, its affiliates, directors, officers, employees, agents and other representatives from and against any losses, liabilities (contingent or otherwise), obligations, costs, charges, expenses, fines, damages, including those paid or suffered pursuant to any actions, proceedings, demands, claims, judgments, awards, and including interests and penalties with respect thereto and out-of-pocket expenses, including reasonable attorneys’ fees and disbursements suffered or incurred by us on account of the your using/misusing of any intellectual property of the Company and/or any third party to which it has access as a result of having availed of these services, in a manner not permitted under these Terms of Use, including any of the content and understands that legal proceedings may be initiated against him/her for any such use.
8. Representations, Warranties:
- Company make no representations or warranties, whether express or implied in law or residual, other than to the extent specifically contained herein, including any warranties regarding the content, services or technology provided by it and its group or associate entities and disclaims all warranties, express or implied, in connection with the content, services or technology to the fullest extent as permitted by law.
- User represents and warrants that User is the owner and/or authorised to share the information it gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, does not violate any rules and regulations and
- User shall abide by the terms and conditions (updated from time to time) of Terms of Use, Privacy Policy and any other documents.
- User undertakes and confirms that User shall not use the Company’s website, services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of the website and/or under any applicable laws, rulings, notifications, order of any court or statutory authority.
- User agrees and understands that she/ he is responsible for all of his/ her activity in connection with the services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to access the Website and also to initiate suitable legal action against him.
- User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by User is correct, complete, relevant and accurate and is not misleading, misrepresent and fraudulent in any manner.
User agrees and understands that the Company reserves the right to remove and/or edit such detail / information at its own without intimation to the User.
9. Termination:
If You violate the Terms of Use, Your ability to use the Platform will terminate. We may, in Our sole discretion, terminate Your access to the Platform, or any portion thereof, for any reason whatsoever without prior notice. These actions without prejudice are in addition to any other right or remedy that We may have available at law. Further, We shall not be liable to You or any third party for any such termination or discontinuance.
10. Use of Platform:
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
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You shall under no circumstances host, display, upload, modify, publish, transmit, update or share any information which:
- is false, inaccurate or misleading or untrue;
- impersonate another person;
- belongs to another person and to which You do not have any right to accept it without the prior consent of that person;
- infringes upon or violates any intellectual property rights or other proprietary rights or third party's trade secrets or rights of publicity or privacy of any person;
- refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
- contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- create liability for Us or cause loss to Us or to lose (in whole or in part) the services of Internet service provider ("ISPs") or other suppliers;
- is grossly offensive, harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful act or activity in any manner whatever; or,
- unlawfully threatening or harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- s patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual and/or try to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- harm minors in any way;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Aton, or its related entities or otherwise engage in any conduct or action that might tarnish the image or reputation, of Aton and its related entities or vendors on Platform or otherwise tarnish or dilute the Company’s intellectual property rights. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company's systems or networks, or any systems or networks connected to the Company.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
- You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Aton Capital Private Limited and / or others.
11. Applicable Law & Jurisdiction:
Terms of Use, Privacy Policy and other terms and conditions of this platform and the relationship between the Company and the User shall be governed in accordance with the laws of India. The Courts in New Delhi shall be exclusive jurisdiction over any matter and User accept the jurisdiction of the Courts of New Delhi. Provided that, notwithstanding what is stated above, if the Company and / or its Group Companies so thinks fit, it may institute proceedings against User in any other court or tribunal regardless of jurisdiction mentioned above. The Company accepts no liability whatsoever, direct or indirect for non-compliance with the Laws of any country other than that of India. The mere fact that the Website or the App can be accessed or used, or any facility can be availed of in a country other than India would not mean that the Laws of such country would be applicable, and the Company/Group Company shall not comply with the same. The Company makes no representation that the content contained on the Platform is appropriate or to be used or accessed outside of India. If the Users use or access the Platform from outside India, they do so at their own risk and they are responsible for compliance with the laws of such jurisdiction.
12. AMENDMENT OF TERMS:
The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to Users. User shall continue be responsible and bound to this Terms of Use as amended by the Company from time to time. Your continued use of the Website following the posting of changes will mean that You accept and agree to all revisions made from time to time. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
13. CONFIDENTIALITY:
The Company shall maintain the confidentiality of the User's Personal Information as per the Privacy Policy. The Company and / or its Group Companies recognize and acknowledge the value and importance of the protection of the User's information. The Company and its Group Companies shall exercise the same standard of care to protect the information from the User's that it exercises in protecting its own information. Further, the Company and / or its Group Companies will ensure that any third party, with whom the information is being shared, are under contractual obligations to protect the confidentiality of information of the Users, and to use it only to provide the services to the extent as required under the agreement with the Company and / or its Group Companies
14. NO WAIVER:
The failure or delay of the Company and / or its Group Companies to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. No waiver on the part of the Company and / or its Group Companies shall be valid unless it is in writing signed by it or on its behalf. A waiver of any right or provision by the Company and / or its Group Companies on a particular occasion shall not prevent the Company from enforcing such right or provision on a subsequent occasion.
15. SEVERABILITY:
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
16. FORCE MAJURE:
Notwithstanding anything contained in this document or elsewhere, We shall not be held liable or responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A "Force Majeure Event" shall mean any event that is beyond the reasonable control of Us and shall include, without limitation to sabotage, accident, fire, flood, epidemics, explosion, other abnormal natural events, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, and any act (or suspected or threatened act) of terrorism, etc.
17. NO AGENCY:
The Terms of Use, Privacy Policy and Terms and Conditions and use of or access to the website are not intended to create an agency, partnership, joint-venture or employer-employee relationship between User and the Company, Group Companies, business partners, vendors and third parties except where otherwise specifically agreed or appointed.
18. CLOSURE OF ACCOUNT:
You can close Your account through a written request addressed to the Company’s representatives (as identified on the ‘Contact Us’ page on the Platform). We may remove Your public posts from view and/or dissociate them from Your account profile, BUT WE MAY RETAIN INFORMATION ABOUT YOU FOR THE PURPOSES AUTHORIZED UNDER THE PRIVACY POLICY UNLESS PROHIBITED BY LAW. If You would like to review, change or delete personal information We have collected from You, or permanently delete Your account, please send us a written request as per Terms of Use. If You delete Your information from Our Platforms, copies of Your information may remain viewable in cached and archived pages, or might have been copied or stored by other users of Our websites/ servers as necessary to comply with its legal obligations, resolve disputes, and enforce its agreements or for other business purposes.
19. MISCELLANEOUS:
- The clause headings in the Terms of Use are only for convenience and do not affect the meaning of any provision and shall not be taken into account in interpreting or limiting the scope of the provisions of the Terms of Use.
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User must at his/her own cost:
- provide for own access to the world wide web and pay any service fees, telephone charges and online service usage associated with such access; and
- provide all equipment necessary for User to make such connection to the world wide web, including a computer and modem.
- The content presented at the Website may vary depending upon User's browser version/limitations.
- The Company and / or its Group Companies reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms of Use.
20. CONTACT US:
For any query, complaints or information you can write to us info@atoncap.com or call at -- +91 124 414 0062.
21. DISCLAIMER:
This Website and all content and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing We communicate information provided and created by advertisers, content partners, employees, marketing agents, publishers, resellers, software developers, users, and other third parties. While every attempt has been made to ascertain the authenticity and validity of the content on the Platforms, We have no control over content, the accuracy of such content, integrity or quality of such content and the information on Our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and We make no guarantees, nor can We be held responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Although the Company has taken adequate safeguard, the Company makes no guaranty of confidentiality and/or privacy of any communication or information transmitted on the Website and/ or for the services and/or any web-site linked to the Website. User uses this Website and/ or services at their own risk in accordance with Privacy Policy. Changes are periodically made and added to Website and to the information herein. The Company, its subsidiaries, affiliates, associate companies, directors, employees, consultants, partners and/or its respective suppliers may make improvements and/or changes to this Website at any time. The Website and/ or services contain views, opinions and recommendations of users of the Website and/ or Services, advertisers, third party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability and/or validity of any opinion and/or other information displayed, uploaded, distributed, posted, emailed, transmitted and/ or otherwise contributed through the Website and/ or services by anybody other than the Company. . Without prejudice to the forgoing paragraph, the Aton does not make any warranties or representations about the accuracy or completeness of this Platform and contents hereof. Neither We nor any of Our contractors, partners or employees shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or use of any content of this Platform. FURTHER, WE ARE NOT LIABLE FOR ANY KIND OF DAMAGES, LOSSES OR ACTION ARISING DIRECTLY OR INDIRECTLY DUE TO ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, ACCESS AND/OR USE OF THE CONTENT ON THE PLATFORMS OR ANY OF THEM INCLUDING BUT NOT LIMITED TO CONTENT BASED DECISIONS RESULTING IN LOSS OF DATA, REVENUE, PROFITS, PROPERTY, INFECTION BY VIRUSES, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR PLATFORM OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT, ETC.