"Account" means the login identification and password provided by IDG to a User.
"Administrator" means the person in charge of a Group and having the authority to manage and administer the affairs of the Group
Business Plan Universe means and includes the following, with respect to a particular Entrepreneur:

1. A plan action history
2. All associated plan documents
3. All public plan messages
4. The Business Plan
5. The list of interested individuals (mentors, raters, investors, supporters) in the Entrepreneur’s network

Business Plan means the business plan of the Entrepreneur as uploaded on IDG.

Business Plan Brief means a concise plan setting out details of the Entrepreneur pertaining only to its industry, state, brief social impact and numeric overall rating.

Business Relationship means the direct relationship established between two or more Users, which relationship shall be deemed to begin immediately upon the commencement of communication under Clause 6.

Contact Information means the details provided by the User, for the purpose of communication.

Data is and means any information uploaded by an User on IDG, including but not limited to the Business Plan, the Business Plan Universe, the Profile Information, the Contact Information and the Investor Information.

Entrepreneur means any entity which registers itself as an Entrepreneur in the Signup Form.

Fee means such amounts as payable under this Privacy Policy to enable the Investor to access the Data

Group means any and includes the following categories:

• Company or firm or association or body of individuals having valid legal existence, either severally or jointly, registered as a Group on IDG; and
• Individuals coming together to register as a Group.

IDG means India Development Gateway, a portal set up by Intellecap for the purpose of facilitating a forum for Investors and Entrepreneurs.

Intellecap means Intellectual Capital Advisory Services (P) Limited.

Intellectual Property Rights means all intellectual property rights and includes copyrights, patents, trade marks, service marks, database rights and rights to extract data, trade secrets, trade dress, the trade names/ trademarks and other proprietary rights, all whether registered or not, applications for any of the foregoing and all other similar rights recognized in any part of the world associated with Intellecap, or any User.

Investor means and includes any investor, namely institutional investors, individuals, venture capitalists or other casual investors, who has registered itself as an investor in the Signup Form.

Offline Services means the services provided by IDG, either directly or through its sub-contractors, pursuant to the establishment of a Business Relationship between Users.

Partner means and includes one or multiple individuals or entities which have entered into a memorandum of understanding with Intellecap to provide Additional Services as mentors, service providers, raters, funding entities and other service providers.

Party means each Entrepreneur, Investor, Partner, Group and Intellecap and Parties refers to all of them collectively.

Profile Form means the form required to be filled to qualify as a Completed Profile User.

Registration Fee means the Fee payable by an User at the time of registration on IDG.

Track Record means the online continuously updated record of transactions entered into by the User.

User means and includes any Investor, Entrepreneur, Partner, Group, Sub-user or other party who has enrolled to be a user under any of the following categories and has entered the requisite information:

• Registered User means a User, including an Entrepreneur, who has completed the Signup Form;
• Completed Profile User means a User other than an Entrepreneur who has completed the Signup Form and the Profile Form;
• Paid Subscriber means a User other than an Entrepreneur who has completed the Signup Form and pays the requisite Registration Fee;
• Plan Member means a Paid Subscriber other than an Entrepreneur who has become a plan member by expressing interest in the plan.

2. ACCESSIBILITY TO INFORMATION 3. ACCEPTANCE

1. To enroll as a Registered User by completing the Signup Form;
2. To enroll as a Completed Profile User by completing the Signup Form and the Profile Form;
3. To enroll as a Paid Subscriber by completing the Signup Form and paying the requisite Registration Fee;
4. To enroll as a Plan Member by completing the Signup Form and paying the requisite Registration Fee and by expressing interest in the plan.

Any individual, being part of a Group, shall be required to register as a Sub-user. It is hereby clarified that a Sub-user shall be subject to the same registration requirements, rights and priviliges as any other User.

Any other parties, wishing to participate on IDG as Partners, shall have to disclose such requisite information and become Users, prior to such participation.

Prior to the Account of a User being activated, Intellecap shall have the right to conduct such investigations as it deems necessary, for the purpose of establishing the credibility of such User.

4. ACCESSIBILITY TO INFORMATION

1. A Registered User shall have access only to the Business Plan Brief of a User;
2. A Completed Profile User shall have access only to the Business Plan Brief and the Business Plan of a User;
3. A Paid Subscriber shall have access only to the Business Plan Brief, the Business Plan of a User, as well as comments and information provided by Partners to that User; and
4. A Plan Member shall have access to the Business Plan Brief and the Business Plan Universe of a User, as well as comments and information provided by Partners to that User.

Notwithstanding anything stated in this Agreement, each User shall have the right to restrict the accessibility of its Data or information to other Users.

5. OBLIGATIONS OF INVESTORS AND ENTREPRENEURS 6. ADDITIONAL SERVICES

1. Business Plan uploading, Business Plan mentoring, video recording and printing;
2. Rating services;.
3. Providing information, templates and guides;
4. Facilitating due diligence, valuation, negotiations and drafting of transaction documentation and subscription.

7. RIGHTS OF IDG

Notwithstanding anything contained in this Agreement, IDG shall have the right:

1. To delete, ban, expunge any User as it deems fit to suit the requirements of IDG;
2. To reject, modify, amend, delete Data or parts of Data to suit the requirements of IDG website.

8. REPRESENTATIONS AND WARRANTIES OF THE USER

1. If the User is an individual, or individuals forming part of a Group, each such individual represents and warrants to Intellecap, that it is not a minor, is of sound mind, in good standing, and capable of entering into this User Agreement.
2. If the User is a firm, partnership, registered association or company, it represents and warrants to Intellecap, that it is validly existing and in good standing under the laws of the country in which it has been set up.
3. 8.3 The User hereby represents and warrants that it is the sole, exclusive, unencumbered and absolute owner of all the Data uploaded on IDG, as set out in the Content License.

9. UPDATING , VERIFYING AND DELETING DATA

Any User may review Data uploaded by them on IDG and make necessary changes in order to update verify or delete such information by logging into their Account.

10. INTELLECTUAL PROPERTY RIGHTS

Each Party recognizes any Data made available by any Party shall be under the sole ownership and title of such disclosing Party and the Intellectual Property Rights attached thereto shall belong to such Party. The receiving Party agrees not to use, employ or attempt to register any marks or trade names, which are similar to those in which the disclosing Party has Intellectual Property Rights, in any manner whatsoever. The contents of IDG are solely for the purpose of facilitating investment by Investors and cannot be used by the receiving Party for any other purpose. Copying or storing of any content for reasons other than facilitating investment is expressly prohibited without the prior written permission from the holder of the Intellectual Property Rights.

11. SECURITY

1. Intellecap shall take such measures and make use of necessary technology in order to protect the Data disclosed by the User, as set out in the Security Policy.
2. The conditions for accessibility and confidentiality of the Data shall be governed by the terms of the Privacy Policy.
3. The Privacy Policy, Security Policy and Content License Agreement shall form a part of this User Agreement.

12. INDEMNIFICATION BY USER

Each User agrees to indemnify, defend and hold Intellecap, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by the User of this User Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. The User shall cooperate as fully as reasonably required in the defense of any claim. Intellecap reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of Intellecap.

13. DISCLAIMER

The IDG website, including all content, software, functions, materials and information made available on or accessed through the IDG website, is provided 'as is' to the fullest extent permissible by law. Intellecap makes no representation or warranties of any kind whatsoever for the content on the web site or the materials, information and functions made accessible by the software used on or accessed through the company web site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the IDG web site or any linked site. Further, Intellecap, and its Subsidiaries and Affiliates disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. Intellecap does not warrant that the functions contained in the IDG web site or any materials or content contained therein will be uninterrupted or error free. Intellecap and its Subsidiaries and Affiliates shall not be liable for the information uploaded on the IDG website by users, Groups, Partners and third parties.

14. LIMITATION OF LIABILITY

1. Intellecap shall not be liable for any information or Data uploaded on IDG, nor shall it be liable for a breach by one User vis-à-vis another User, relating to any transaction or Business Relationship between the Parties concerned. Any disputes arising between two or more Users shall not fall within the scope of this User Agreement.
2. In no event shall Intellecap be liable to any Party for any direct, indirect, special or other consequential damages arising from the use of IDG, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on information handling system or otherwise, even if expressly advised of the possibility of such damages.

15. TRANSFER OF BUSINESS

Intellecap reserves the right to provide the Data uploaded on IDG to any entity in the event of a sale, merger, liquidation or transfer of assets pertaining to IDG, with such entity.

16. CLARIFICATIONS

Users may contact Intellecap if they have any questions or comments about this User Agreement.

17. THIRD PARTY BENEFICIARIES

Each User acknowledges that it has entered into this User Agreement for its own benefit. This User Agreement does not create any rights or benefits enforceable by any person who is not a User as defined herein.

18. GOVERNING LAW

This User Agreement and the rights and obligations of the Parties shall be governed in accordance with the laws of India.

19. DISPUTE RESOLUTION

Any dispute, controversy or claim arising out of or in connection with this User Agreement, including the breach, termination or invalidity thereof between any of the Users on the one hand, and Intellecap or IDG on the other hand, shall be referred to and finally settled by binding arbitration under the Arbitration and Conciliation Act, 1996, by a panel of three arbitrators. The disputing User shall appoint one arbitrator and Intellecap shall appoint one arbitrator. The two party appointed arbitrators shall appoint the presiding arbitrator of the panel. The substantive law of arbitration shall be Indian law.

20. AMENDMENTS

Intellecap reserves the right to amend this User Agreement at any time by posting the amended terms on IDG.

21. SEVERABILITY

If a provision of this User Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not effect the validity or enforceability in that jurisdiction of any other provision of this User Agreement, or the validity or enforceability in other jurisdictions of that or any other provision of this User Agreement.

22. ASSIGNMENT

The Parties agree that Intellecap shall be entitled to freely assign its rights and benefits under this User Agreement.