Terms & Conditions

Introduction

Let’s break down the document that explains the rules for using our website “https://dive.money” and its mobile apps on Android and iOS (we’ll call that “Website” as well). We’re Vittgrow Solutions Private Limited, also known as “Company” or “Dive” or “We” or “Us.” We’re a company in India registered under the Companies Act, 2013. When you use our Website or apps, you need to follow these rules. These rules include what’s in this document and any rules set by Apple App Store, Google Play Store, or other places where you get our app.

We’ve teamed up with Lendox to give you returns on your investments.

Terms:

When you access and use the website located at https://dive.money, you’re making a commitment to abide by the terms of service outlined in this document. This means that you agree to follow all the rules and conditions laid out here. It’s not just about our rules; it’s also about adhering to the laws and regulations that apply to you. If you’re not in agreement with these terms, then you’re not allowed to use or access the website. Keep in mind that the materials found on this website are safeguarded by copyright and trademark laws that provide legal protection.

It’s important to grasp the nature of our connection with you. These terms, combined with our Privacy Policy, serve as the foundation for how we interact. Not only do they apply to your usage of the website as a whole, but they’re also applicable to specific services offered through the website and app. Essentially, you can consider these specific service terms as extensions of these general terms. By working together, these rules help ensure transparency, clarity, and a shared understanding of how we engage and interact.

Your Confirmation:

By agreeing to these Terms & Conditions, you’re stating that:

• You live in India.
• You’re at least 18 years old.
• You can legally enter into a contract as per Indian law.
• You’re not barred from using the website by Indian or any other applicable law.

Reading and Accepting the Terms:

Before using Dive Services (explained later), please carefully read these terms and conditions. They’re like a legal agreement between you and Vittgrow Solutions Private Limited (known as “DIVE”). We’re based at XIII 721-B, Sruthi, TB Road, Kottayam.

If you don’t agree with these terms or don’t want to follow them, you can’t use Dive Services. You can stop using them or uninstall the Dive App.

Providing Information:

To use Dive Services, you’ll need to give accurate personal information. This could include your PAN card number, Aadhaar card number, phone number, and more (“Information”). By agreeing to these terms, you’re allowing us to collect, store, and share this Information with our partners if needed. You’re also allowing us to share your personal information with our partners. When you provide information to us, you’re confirming that it’s true and correct.

Registration of an account:

1. When you want to use Dive’s products and services, you’ll need to create an account on the Dive App. This involves providing accurate and complete information about yourself. It’s important that the information you provide is up-to-date and accurate. If we find that your account has incorrect or outdated information, we reserve the right to close your account. This ensures that the information we have about our users is reliable and helps maintain the security of the platform.
2. If you choose to provide your email on our website, you’ll become a part of our community. This means you’ll receive regular updates and information about exciting features we’re working on, get opportunities to participate in user research, and even have access to exclusive events or offers. By sharing your email, you’re opting to stay connected with Dive beyond just using the platform.
3. When you create your account, it’s important to ensure that you’re not infringing upon the intellectual property rights of any third party. This means that you shouldn’t copy or use content that belongs to us without proper authorization. Respecting the intellectual property rights of others is crucial to maintaining a fair and ethical online environment.
4. Maintaining the security of your account is essential. Your password and Login ID (username) are your keys to accessing your account. It’s your responsibility to keep this information confidential and not share it with anyone. If you suspect that someone else might be using your account without your permission, it’s important to inform Dive immediately. We take account security seriously, but we cannot be held responsible for any unauthorised use if you haven’t taken proper precautions to protect your account.
5. You’re allowed to have only one account on Dive. This helps ensure that everyone is using the platform fairly and prevents misuse. Having multiple accounts could lead to unfair advantages or activities that violate our terms of service.
6. The Dive App and Dive Platforms are meant for personal use, not for commercial purposes. This means that you shouldn’t use the platform to promote or conduct any business-related activities. Dive is designed to provide personal financial services and experiences.
7. When you’re using the Dive App, it’s important to respect our intellectual property rights. This includes not attempting to decompile, reverse-engineer, or tamper with any of the app’s content, design, copyrights, trademarks, trade secrets, or other proprietary elements. This helps maintain the integrity and security of the app.
8. Your use of the Dive App should not harm its functionality, violate any laws, infringe upon the rights of other users, or hinder the experience of other users. This includes not engaging in activities that could defraud users, Dive, or any of our partners. Ethical and responsible use of the app is expected from all users.
9. We’re committed to improving the Dive App continuously. This means that we might send you updates to enhance its functionality, fix bugs, add new features, and make your experience better overall. Your continued use of the app following these updates indicates your acceptance of the changes.
10. While we strive to offer a consistent experience to all users, it’s important to note that not all products, services, and rewards provided by Dive might be available in all geographic areas. This means that some offerings might be limited based on your location, and you might not be eligible for all the features or rewards provided by Dive.
11. If you ever lose your device or it gets stolen, it’s important to take immediate action to secure your account. You should inform Dive so that we can block your account and change your passcode. This prevents unauthorised access to your account, protecting your information and preventing misuse.

Our Way of Keeping You Informed:

1. When you use the Dive website and provide us with your personal or contact details, you’re essentially giving us permission to keep you in the loop about various things. This could include new services we offer, special offers, exciting campaigns, and more. We want to make sure you’re aware of all the good stuff happening at Dive and beyond. To share this information, we might use different methods like giving you a call, sending you text messages (SMS), emails, using WhatsApp, or other messaging apps.
2. By agreeing to receive these updates, you’re also taking responsibility for the consequences of this communication. In case anything goes awry due to misuse of the provided information, sharing incorrect or misleading details, or any related issues, you understand that Dive and the email service provider won’t be held accountable. It’s like saying that you’re aware of the potential risks and agree to handle them responsibly.
3. When you agree to receive updates, you’re giving us the green light to send you communications through emails, phone calls, and/or SMS. Dive might also collaborate with its partner banks, financial institutions, vendors, service providers, business partners, agents, and other third parties. This means that your contact details could be shared with them, and they might reach out to you for relevant information. This can happen through emails, phone calls, or SMS.
4. Once you’re on board with these communications, you can expect to receive calls and messages related to Dive Services, products, and promotional activities. These communications are based on your preferences and authorization. It’s important to note that these communications aren’t spam or unsolicited messages. We’re abiding by the guidelines set by the Telecom Regulatory Authority of India (TRAI) and other relevant governmental authorities.

Working with Third-Party Services:

1. At Dive, we’ve joined forces with Lendbox, an investment partner that’s regulated by the RBI (Reserve Bank of India). This partnership allows us to offer you consistent and reliable returns on your investments.
2. In order to provide you with our range of services, Dive may collaborate with third-party products or services. These could be seamlessly integrated into our website or could lead you to external applications and websites operated by third parties. To utilise these additional services, you might need to agree to extra terms and meet specific requirements set by those third parties. Keep in mind that whenever you’re redirected to a third-party page, their terms and conditions will take precedence, and Dive won’t be held accountable for those terms.
3. It’s crucial to comprehend that Dive won’t be directly accountable for any damage or loss that may arise due to your utilisation of third-party content, goods, or services. Regardless of whether it’s on our own website or through a link to an external source, if you decide to rely on content, goods, or services from these third parties, the consequences of such decisions are your responsibility.
4. Your interactions with any third party, whether accessed through our website or app, are undertaken at your own risk. Dive won’t bear liability for the actions, errors, inaccuracies, warranties, or negligence of these third parties. This encompasses any personal injuries, property damage, or other harm that could result from your engagements with them.
5. On occasion, the Company might grant you access to tools, services, or content from third parties. However, it’s important to understand that Dive doesn’t actively monitor or control these third-party materials. Although content, products, or services offered by us and our partners might include materials from these third parties, we don’t wield control over these external sources.

Proprietary Rights & User Licensed:

1. It’s important to understand that Dive is the owner of all rights, titles, and interests in the Website, including any intellectual property rights associated with it (whether officially registered or not). This means that all the creative aspects, designs, and ideas that make up the Website and App belong to Dive. Furthermore, within the Services that we offer, you might come across information that is considered confidential by Dive. You agree not to disclose this confidential information without Dive’s explicit written permission.
2. You’re not permitted to reproduce, distribute, display, publish, broadcast, hyperlink, transmit, adapt, or modify any part of the Dive Services for commercial purposes or any other manner, without obtaining prior written permission from the Company. In simpler terms, you can’t use or share our services, content, or features in a way that’s not authorised by us.
3. While using our services, you must recognize that Dive holds all the rights to the intellectual property associated with it. This means you can’t claim any ownership or interest in our intellectual property. Additionally, you’re not allowed to alter, tamper with, modify, reverse engineer, disassemble, or make any changes to our intellectual property. These actions are strictly prohibited, and you can’t permit others to do so either. This includes any intellectual property rights owned by Dive or licensed to Dive by other parties.
4. When we talk about altering, tampering, varying, modifying, changing, disassembling, decompiling, and reverse engineering, we mean that you can’t manipulate, dismantle, change the structure of, or recreate our intellectual property in any way. This is to ensure that our creative work and proprietary assets remain protected and secure.

Disclaimers:

1. Dive reserves the right to discontinue or temporarily suspend the services available on the Website and App. This could happen for various reasons, and we’ll strive to provide you with reasonable notice whenever possible. However, there might be instances where changes are made to certain features or content on the Website and App to enhance security or improve the overall user experience. It’s important to note that Dive won’t be held responsible for any modifications or discontinuations of the Website and App. This means that while we aim to provide you with consistent and reliable services, there might be situations beyond our control that lead to changes.
2. When you use the services offered on the Website and App, it’s essential that you do so responsibly and in compliance with the law. This includes refraining from using the services to transmit or share any content that might be considered unlawful, harassing, untrue and damaging to others (libellous), invasive of privacy, abusive, threatening, or obscene. Furthermore, you should avoid using the services in a way that infringes on the rights of others. This guideline ensures that your interactions with Dive and other users on the platform are respectful and legally compliant.
3. The materials available on the Website and App are provided “as is,” meaning that they are presented without any warranties, whether expressed or implied. Dive explicitly disclaims all other warranties, including any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. This disclaimer emphasises that while we strive to provide accurate and valuable information, Dive cannot guarantee the accuracy, reliability, or suitability of the materials available on the Website and App.
4. Dive acknowledges that the accuracy and reliability of the materials on the Website and App, as well as those on linked sites, are vital concerns for users. However, due to the dynamic nature of content and various external factors, Dive cannot ensure that all content will always be up-to-date, comprehensive, accurate, or entirely applicable to every user’s circumstances. This disclaimer emphasises that users should exercise their own judgement and caution when relying on information provided on the Website or related platforms.
5. It’s important to understand that while Dive facilitates payment methods on the App, we won’t be held responsible for certain issues related to transactions. These issues can include lack of authorization for a transaction, payment problems arising from the transaction, or the use of unauthorised payment methods (such as credit/debit card fraud). Dive also won’t be responsible for any damages, interests, or claims that result from transactions not being processed as expected.
6. When using payment methods to make purchases through the App, you have a responsibility to provide accurate payment information. This disclaimer highlights that you confirm the legitimacy of the payment methods you use and that you’re the rightful owner of those methods.
7. The disclaimer mentions that in addition to the terms and conditions provided by Dive, the terms and conditions of banks or financial institutions also apply to your transactions and interactions with them. This ensures that users are aware that their interactions with these institutions are governed by their respective rules and regulations.
8. If a specific product on the App has its own disclaimers outlined in its terms and conditions, those disclaimers also apply to these overall Terms & Conditions. This underscores the importance of carefully reviewing product-specific details before making any commitments.
9. Dive provides content for general awareness, but this disclaimer clarifies that such content doesn’t constitute investment advice, endorsement, or solicitation. The content is based on publicly available sources, but Dive can’t verify its authenticity. This emphasises that users should independently verify information before making any decisions.
10. Any content provided by Dive on the website/instagram aimed for providing general awareness does not constitute investment advice or endorsement or solicitation by Dive. Such contents and/or information are derived from publicly available sources and Dive cannot verify or confirm the genuineness, authenticity or veracity of such information.

Termination / Deactivation:

There might be instances where we need to suspend or stop your use of Dive’s services or products. This decision could be made solely by Dive, and it’s important to know that you won’t receive a prior notice in such cases. The reasons for this action could include lack of activity on your part or not adhering to the terms and conditions outlined in the agreement. Keep in mind that if such termination happens, it might also extend to the services provided by banks or financial institutions partnering with Dive. However, please note that Dive won’t be held responsible if these partner services are affected.

If you decide that you no longer wish to use Dive’s services, you have the option to deactivate your account and cease using our offerings. This action effectively marks the end of the legal agreement that was established between you and Dive. However, it’s worth noting that there could be instances where Dive initiates the termination of your account based on the outlined terms and conditions. In such cases, we will take the necessary steps to conclude the agreement effectively.

In situations where Dive takes the step to deactivate or terminate your account, we might continue to keep records of the transactions you conducted while using the Dive App. This isn’t done arbitrarily; rather, it’s for regulatory compliance or archival purposes. Regulatory bodies might require us to maintain transaction records, and keeping these records also helps with record keeping practices on our end. This means that while the active agreement comes to an end, certain transaction-related records could still be retained by Dive. This ensures that we meet regulatory requirements and have a historical record of transactions conducted through the platform.

Indemnity & Limitation of Liability :

1. Using Dive’s services, you agree to defend and protect Dive, including its officers, directors, agents, and employees, from any potential issues that might arise. This includes legal claims, demands, or other actions that stem from your actions. If there’s a situation where you breach the Terms & Conditions, violate laws or someone else’s rights, or misuse the Website or App, you’ll need to take responsibility. This could involve covering the costs Dive incurs, like attorney fees. Essentially, if your actions lead to legal disputes, negligence, or fraud, you’re on the hook for the consequences.
2. While we strive to provide a smooth experience, Dive and its various entities won’t be liable for specific types of damages. This includes instances where you experience direct or indirect losses, accidents, delays, or harm due to using the Website/App or its components. This is true even if we’ve been made aware of the potential for such damages. For example, if you encounter difficulties using certain parts of the Website/App or if content causes problems with your computer, we won’t be held responsible.
3. It’s important to know that Dive might provide links to other third-party websites. However, you should understand that we don’t control these external sites. We don’t endorse them, and we aren’t responsible for their availability, content, ads, products, or anything else related to them. If you choose to visit these external websites, you’re doing so at your own risk.
4. When you upload or share content through our services, Dive won’t be held responsible for it. If something goes wrong and you experience losses or damages – like your business being interrupted or losing profits – due to relying on information available on our services, we won’t be liable for that either. It’s your responsibility to determine how accurate, reliable, complete, and useful the information and content available on our Website and Application is.

Assignment & Waiver :

When it comes to these Terms & Conditions, you can’t hand them over to someone else or assign them. However, Dive has the power to pass on, partially or fully, the benefits or responsibilities of these Terms & Conditions to others without needing your prior consent.

If we don’t immediately use a right or remedy provided by these Terms & Conditions, or if we delay using it, that doesn’t mean we’re giving up that right or remedy altogether. This also doesn’t mean we’re giving up any other rights or remedies we have. Even if we choose not to use a certain right or remedy at a particular time, or we only use it partially, it doesn’t prevent us from using it later or using other rights and remedies.

You can’t pass on or assign any of the rights and responsibilities you have under these Terms and Conditions to someone else. These responsibilities remain with you.

We have the right to transfer or assign our rights and obligations under these Terms & Conditions, whether in part or entirely, under a few different scenarios. These scenarios include transferring these rights and obligations to another Vittgrow entity, an entity that acquires Dive or any Vittgrow entity (such as through mergers or acquisitions), or a new entity that comes into existence due to corporate actions like mergers or demergers.

Modifications :

Dive has the ability to make changes to these terms & conditions for the Website at any time, and they can do this without notifying you. If you continue using the Website and App after these changes have been made, it’s considered that you’re agreeing to the version of these Terms & Conditions that’s applicable on the date you’re using the Website. If you don’t agree with the changes, you can stop using the services provided on the Website.

You have the option to decide whether to agree to these Terms & Conditions or any future updated versions of them. You can make this choice by not using the Dive App anymore. However, please understand that if you keep using the Dive Services after the launch of any updated Terms and Conditions, it will be seen as you accepting those updated Terms & Conditions, including any changes made to them. To stay informed about any updates and modifications, we suggest you regularly check these Terms & Conditions.

Governing Law & Jurisdiction :

These terms and conditions are governed by the laws of the Republic of India. This means that the rules and regulations of India will guide how these terms are understood and enforced.

If there’s any dispute that arises from these Terms & Conditions or from your use of the services Dive offers, the courts in Pune, Maharashtra will be the ones to decide on the matter. This means that if there’s any disagreement or issue, the courts in Pune will handle it.

The Dive App, the services offered by Dive, all the transactions you make using the Dive App, and our overall relationship will follow the laws of India. This applies regardless of any potential conflicts between different laws. Just remember, this also takes into account the Disputes & Arbitration Clause mentioned below.

Violation of Terms & Conditions / Suspicious Activity :

If we think that you have broken any of the rules mentioned in these Terms & Conditions, our Privacy Policy, or any agreements related to specific services or activities on the Dive App, we have the right to suspend your access to the Dive App or even delete your account. We might do this without giving you prior notice.

If we suspect that there’s strange or unusual activity happening through your account, we can temporarily or permanently stop your access to the Dive Services. This is to make sure everything is secure and safe. If you have any questions about why this happened, you can get in touch with our Dive support team. They’re here to help you with any queries or concerns you might have about the suspension or account deletion.

Privacy :

We gather, keep, use, and transfer your personal information as per our Privacy Policy. By accepting these Terms & Conditions, you’re also agreeing to our Privacy Policy, which we might update or change as needed. It’s important to know that any information you share with us for the Dive Services might be shared with our related companies, partners, or affiliates. We might use this information to make the Dive Services even better, like creating new products. If you want more details, our Privacy Policy explains it all in a clearer way.

Disputes & Arbitration :

In the rare instance that a disagreement arises between you and either another user or a commercial partner in relation to Dive Services, we want to ensure a fair process to address these conflicts. It’s important to note that Dive’s role in these disputes is more of a facilitator rather than a direct participant.

While Dive won’t directly resolve disputes, we’re committed to helping both parties communicate effectively to reach a resolution. Think of us as a middleman that enables open dialogue between the involved parties to find a solution.

Now, let’s delve into the legal aspect. These Terms & Conditions primarily adhere to Indian laws. Should a dispute arise between you and another user, the initial step is to inform us by reaching out to diti@dive.money (Grievance Officer). If we’re unable to mediate a solution within 60 days, the next step is arbitration, which follows the Arbitration and Conciliation Act, 1996.

Should Dive find itself in a disagreement with you, we might initiate arbitration according to the same guidelines mentioned earlier.

The main idea to grasp is that our aim is to facilitate communication between parties involved in a dispute. However, the resolution process might involve formal arbitration, all in accordance with the laws of India.

Use and Protection of Intellectual Property Rights:

The Dive App, Dive Website, and everything associated with the Dive Services are valuable creations protected by various intellectual property laws, such as copyright, trademarks, patents, and trade secrets. This legal protection ensures that the content, design, logos, and other materials related to Dive cannot be copied, distributed, reproduced, or used in any unauthorised manner. In simpler terms, you can’t take, use, or share our content without getting our explicit permission.

While we hold the rights to our intellectual property, we’re granting you a limited licence to use the Dive App and Dive Platforms. This means that you’re allowed to access and use these services, but only under the conditions set forth in these Terms & Conditions. It’s a bit like borrowing a book from a library – you can use it, but you need to follow the library’s rules.

We, along with our licensors if applicable, are the rightful owners of the intellectual property associated with the Dive App and Dive Platforms. This includes not only the content you see but also the underlying software, coding, and any other intellectual property that makes the Dive App function. It’s similar to a company having ownership of its brand logo, product designs, and unique technologies.

When you upload, send, or store content through the Dive App – especially if your content includes feedback, suggestions, or any form of input – you’re granting Dive and its related entities a global, ongoing licence. This licence gives us the right to use, store, modify, and create new content based on what you’ve provided. This is done to help us operate Dive Services better, come up with new features, and improve the overall user experience. This licence doesn’t expire, meaning that even if you decide to stop using Dive Services, we can still utilise the content you’ve shared.

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