Terms and Conditions - Castler Escrow

Terms & Conditions

This website, www.castler.com, (hereinafter referred to as “Castler”) including any subdomains thereof, and any other websites through which its services are made available is owned, hosted and operated by Ncome Tech Solutions Pvt Ltd (hereinafter referred to as NCOME), a company incorporated in India under the Companies Act, 1956 and having its registered office F-15D, FIRST FLOOR, DDA SFS FLATS, SAKET NEW DELHI – 110017. These terms and conditions regulating use of these Services constitute a legally binding agreement between NCOME and the User (the “Agreement”).

Definitions

The term Customer/User/Visitor will mean and include a person who utilizes any of the Services offered by Castler, with and without the need or a requirement to create an account i.e. visits non-restricted portions of Castler. The use and access to Castler shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an ‘unauthorised user’ and will nevertheless be subject to the terms and conditions regulating the usage of Castler, and expressly so with respect to respecting the intellectual property rights of the NCOME, and abiding by terms and conditions below mentioned. Master Escrow Account shall mean the escrow account(s) of NCOME opened with RBI Licenced bank(s) Digital Escrow Account shall mean the escrow account opened and being maintained by NCOME for its Customer on Castler RBI Licensed bank(s) and Trusteeship Company(ies) are hereinafter collectively referred to as Partners.

Terms and Conditions

Castler and/or any other website(s) linked to this website is an online digital escrow solution provider, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING Castler, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE Castler. NCOME may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Castler. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Castler, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. NCOME may also suspend the operation of Castler for support or technical upgradation, maintenance work, in order to update the content or for any other reason. If you utilize Castler in a manner inconsistent with these terms and conditions, NCOME may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

  1. Once a User has accepted these Terms and Conditions, he/ she may avail the Services.
  2. These Terms of Using the Castler Platform operated by Ncome Tech Solutions Pvt Ltd (“Terms of Using the Castler Platform” or “Agreement”) shall serve as an agreement that sets forth the terms and conditions which will govern your use and participation in the transaction management and digital escrow services provided on and through Castler (the “Services”). By selecting to utilize the Services you shall have also indicated your acceptance of these Terms of Using the Castler Platform and your intent and agreement to be bound by them. If you are unwilling to agree to these Terms of Using the Castler Platform, you shall discontinue further use of the Services.
  3. NCOME is a digital escrow solutions provider in association with various RBI Licensed banks and Trusteeship companies.
  4. NCOME, The RBI Licensed bank(s) and Trusteeship Company(ies) have got into Master Escrow Agreement(s) to open, hold and operate the Master Escrow Account(s)
  5. The RBI Licensed bank(s) hold the escrow monies in their custody under the Master Escrow Account(s) belonging to NCOME with Trusteeship company (only) having the withdrawal rights on that Master Escrow Account.
  6. NCOME facilitates the escrow account transactions for its customers from the Master Escrow Account(s) through Castler
  7. The User will be required to login his/ her own User ID and Password, given by NCOME to register and/ or use the Services provided on Castler. By accepting these Terms and Conditions the User agrees that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
  8. Choose a new password, whenever required for security reasons.
  9. Keep his/ her User ID & Password strictly confidential.
  10. Be responsible for any transactions made by User under such User ID and Password.
  11. If you agree to these Terms of Using the Castler Platform, you will be bound as follows:
  12. Customer understands and agrees that for processing financial transactions which includes but not limited to RTGS, NEFT, IMPS and UPI each instruction shall be supported from Castler portal login of authorised user(s).
  13. For account maintenance related activities, each instruction shall be supported with email communication from registered email ID and(or) using electronic/ physical signatures.
  14. Customer shall sign documents/ instructions using electronic/physical signatures. The Customer shall always affix the electronic/physical signatures by logging in through the email address of the Customer last registered in NCOME’s records. Usage of any other email address for affixing electronic signatures, without first registering the same with Castler would, in NCOME’s sole discretion lead to rejection of the document sent or instructions of the Customer. Castler shall share the instructions for affixing electronic signatures, with the Customer, on the Customer’s last registered email address. It is hereby clarified that NCOME may, without being obliged to do so, at its sole discretion rely and act on the documents/instructions affixed with electronic signatures using an e-mail address of the Customer, which is not registered with NCOME.
  15. The Customer hereby requests and authorizes NCOME to rely upon and act or omit to act, at its absolute discretion, in accordance with any instructions submitted to NCOME for processing electronic transactions using electronic signatures. The documents/instructions for any transactions as approved by the NCOME at its sole discretion may be submitted through and affixed with electronic signatures by use of a third party platform. Customer understands that documents received in electronic form online (or electronically signed) are equivalent to physical documents with wet signatures.
  16. Customer understands and agrees that requests with electronic signatures raised to NCOME shall not be separately sent later via any other medium (physical/email) to avoid duplication and NCOME shall not be responsible for any such duplicate request processed by it.
  17. The Customer declares and confirms that the Customer has for the Customer’s convenience and after being fully aware of, and having duly considered, the risks involved (which risks shall be borne fully by the Customer) requested and authorised NCOME to act on instructions signed electronically.
  18. The services of sending electronically signed information/documents/instructions require engagement of third parties and uploading of the documents on their platforms for the purpose of obtaining electronic signatures of the Customer on those documents. The Customer understands that those third parties may indefinitely keep any and all the data relating to the instructions, execution of document for their internal purposes or audit purposes and / or for meeting their regulatory requirements. NCOME may use the electronically signed documents/instructions, take print outs, make copies and use those for any purposes for its records, protection or enforcement of its rights including as an evidence of Customer having electronically signed the document/instruction. The Customer shall not be entitled to challenge the veracity, genuineness or authenticity of the electronically signed document/instruction for any reason whatsoever. The Customer confirms that electronically signed documents constitute valid, legal, effective and enforceable obligation on the Customer to NCOME.
  19. NCOME shall be entitled to fully rely on the authority of the persons electronically signing the documents/instructions on behalf of the Customer, without being required to check the validity of internal authorization provided by the Customer. It shall be sole responsibility of the Customer to ensure that the person/s electronically signing the documents is/are validly authorized in respect of the documents electronically signed by them on behalf of the Customer and the NCOME shall be fully entitled to treat such documents as validly executed by the Customer.
  20. Customer understands and agrees that NCOME shall under no circumstances be held for any direct or indirect damages or loss of any kind whatsoever caused due to any act or omissions as a result of using the third party platform or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the third party’s platform. No representations, warranties or guarantees whatsoever are made by NCOME as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the services provided by any third party.
  21. Customer confirms and agrees that once Customer has given an instruction using electronic signatures, the Customer will not be able to reverse it. The NCOME and its Partners are under no obligation to reverse any instruction once received and processed by NCOME; or to accept an instruction that is conditional or reversible or which requires NCOME to pay a third party sooner than it would been able to pay following normal practices. NCOME may at its discretion as and when informed by the Customer and on a best effort basis, try to engage relevant partner Bank requesting reverse entry to the extent that is possible under the rules and practices of the Banking system at a cost to the Customer and NCOME and its Partners shall have no liability, of any kind, arising due to non-reversal of such instruction.
  22. The Customer agrees that Castler has every right to reject the processing of any instruction, if there is any erroneous, incomplete, garbled, self- contradictory, unclear or misleading information provided by the customer or for any other similar reason whatsoever with/without assigning any reason. The Customer confirms that the Customer shall not hold NCOME responsible or liable for any loss on any grounds whatsoever incurred by the Customer pursuant to the Castler not being able to act on the basis of an instruction transmitted through any mode including the third party platform or for any reason whatsoever.
  23. The Customer hereby acknowledges and expressly agrees that all data/information related to the Customer or any other individuals associated with the Customer held by the NCOME may be disclosed to any statutory or regulatory or supervisory authority/ies upon request or where such disclosure is required under the laws or regulations applicable to the NCOME.
  24. Customer understands that the financial information available by means of the service through the third party platform or any other mode is for reference purposes only and NCOEM shall not be liable for any loss incurred or damage suffered by the Customer or third party by reason of having access to or disclosure of any such financial information.
  25. Customer confirms and agrees that NCOME shall endeavour to effect fund transfer, and(or) any instruction related to account maintenance or modification etc.  received through electronically signed documents/instructions by the Customer, provided that, there are sufficient funds available in Customer’s Account(s). NCOME shall not be liable for any omission or refusal to make any of these payments or for late payments on account of insufficient funds or due to any other circumstances beyond the reasonable control of the NCOME.
  26. NCOME shall execute instruction received using electronic signatures via registered email of the Customer post due-diligence to validate the Customer’s request. However, the NCOME shall not be liable for any loss to the Customer if the same accrues inspite of the NCOME have done the due-diligence or for reasons of the Customer not having maintained the confidentiality of the information (including in respect of electronic transactions) or for any other reason attributable to the Customer whatsoever.
  27. Customer is aware and confirms that sending information/instructions/documents signed electronically on a third party platform is not a secure means of sending information/instruction/document; and the Customer is aware of and acknowledges the risk that such electronically signed instructions may be fraudulently written or sent or not be received in whole or in part by the intended recipient or may be read or be known to an unauthorized person in which case the NCOME shall not be responsible in any manner whatsoever including but not limited to breach of confidentiality.
  28. The Customer declares and agrees that the Customer has, for the Customer’s convenience and after being fully aware of, and having duly considered, the risks involved (which risks shall be borne fully by the Customer) requested and authorized the NCOME to rely upon and act on instructions signed electronically for the Customer’s convenience and benefit.  The Customer further declares and confirms that the Customer is aware that the NCOME is agreeing to act on the basis of such electronically signed instructions only by reason of, and relying upon, the Customer accepting and agreeing, confirming, declaring and indemnifying the NCOME as done by accepting terms and conditions and the NCOME would not have done so in the absence thereof.
  29. Notwithstanding anything contained herein or elsewhere, the NCOME shall not be bound to act in accordance with the whole or any part of the electronically signed instructions and may in its sole discretion and exclusive determination, and without being required to give any notice or assign reason, decline or omit to act pursuant to any electronically signed instruction, or defer acting in accordance with any such electronically signed instruction, and the same shall be at the Customer’s risk and the NCOME shall not be liable for the consequences of any such refusal or omission to act or deferment of action. The Customer confirms that the Customer shall not hold the NCOME responsible or liable for any loss on any grounds whatsoever incurred by the Customer pursuant to the NCOME not being able to act on the basis of an electronically signed instruction transmitted.
  30. The Customer shall immediately indemnify and hold harmless the NCOME (and its Partners) its directors and officers (each an “Indemnified Party”) against all losses, proceedings, claims, costs and liabilities howsoever arising in consequence of or in any way related to the NCOME having acted or omitted to act in accordance with or pursuant to any electronically signed instruction/form/document or the terms hereof.
  31. The Castler may at any time without assigning any reason and without any notice withdraw the facility of accepting electronically signed documents/instructions.  However, any such termination shall not affect anything done or any rights or liability accrued or incurred prior to the termination and all the above indemnities given by the Customer to the NCOME hereunder shall survive any such termination.
  32. Customer declares and confirms that the NCOME shall be entitled to rely on all/any electronically signed communication, information or instruction and all such communications, information and details shall be valid, final and binding on the Customer.
  33. Customer understands and confirms that the NCOME and its Partners has every right to close or debit freeze the account, if the details provided by him/her are found to be inaccurate, incorrect or false by the NCOME or/and its Partners or for any other reason whatsoever without assigning any reason thereof.
  34. The Customer agrees that NCOME does not have any obligation to validate the data in the fund transfer request sent by Customer via Net Banking/ Host to Host or any other electronic channel instructions. The Customer agree that all the instructions received by NCOME through API/Net Banking/ Host to Host or any other electronic channel shall be treated as valid and genuine and that NCOME and its Partners shall not be held responsible for any losses or damages incurred by the Customer from any actions/proceedings arising out of such instructions in any manner whatsoever. The Customer acknowledge and accepts that such an unsecured method involves the risks of possible unauthorized alteration of data and/or unauthorized usage thereof for whatever purposes. The Customer agree to exempt NCOME and its Partners from any and all responsibility of such misuse and receipt of information, and holds NCOME and its Partners harmless for any costs or losses, the Customer may incur due to any errors, delays or problems in transmission or otherwise caused by using the API/ Net Banking/ Host to Host or any other electronic channel instructions as a means for fund transfer from Digital Escrow Account.
  35. The Customer hereby agrees and undertakes to send all or any reports, communications or information to Castler via e-mail. The Customer understands that internet is not encrypted and is not a secure means of transmission. The Customer acknowledges and accepts that such an unsecured transmission method involves the risks of possible unauthorized alteration of data and/or unauthorized usage thereof for whatever purposes. The Customer agrees to exempt NCOME and its Partners from any and all responsibility of such misuse and receipt of information, and holds NCOME and its Partners harmless for any costs or losses, the Customer may incur due to any errors, delays or problems in transmission or otherwise caused by using the internet as a means of transmission. Further, the Customer hereby undertakes to indemnify NCOME and its Partners for all losses, damages, costs, expenses (including reasonable legal expenses), incurred or suffered by NCOME and its Partners and against any actions, suits, claims or proceedings that are or may be initiated against NCOME and its Partners by them agreeing to accept any reports, information or communication or arising from them acting or relying on such reports, information or communication received from the Customer by email.
  36. Upon transfer of the Escrow Amounts as per the instructions from the customer, NCOME and its Partners shall be free from all its obligations and liabilities under the Escrow Agreement signed mutually between them as the case may be.
  37. The Customer shall be responsible for source of deposit of monies in to Digital Escrow Account along with the reconciliation of transactions. NCOME does not have any responsibilities of reconciling the funds in the Digital Escrow Account.
  38. It is further clarified that the final withdrawal rights from the digital escrow account(s) are with Trusteeship Company acting as per the terms of escrow agreement, except recovery of fee(s) and/or any other charges due to NCOME by the Customer for availing its Services
  39. The Customer further holds NCOME harmless against all losses, proceedings, claims, costs and liabilities howsoever arising in consequence of or in any way related to the NCOME ‘s Partner(s) having acted or omitted to act in accordance with or pursuant to any electronically signed instruction/form/document or the terms hereof.
  40. In case the RBI Licenced Partner Bank goes under the legal proceedings of liquidation/cancellation of bank’s licence or the date on which the scheme of amalgamation/merger/reconstruction comes into force, the deposits kept under Master Escrow Account of NCOME being maintained with the said bank will be covered under the then prevailing depositinsurance and credit guarantee corporation (DICGC) scheme and NCOME will be the beneficiary of such amount which in turn will distribute the same to all its Digital Escrow Account holders of such bank in Pro-rata basis.
  41. Customer confirms and agrees that the NCOME reserves the right to make any changes, alterations, cancellations, in the above rules at any time without notice. Any person opting for this facility shall be bound by the above terms as modified from time to time including but not limited to standard terms applicable to account.
Disclaimer:
NCOME owns all the right, title and interest including the copyright in respect of all the Content including various logos, trademarks, service marks etc., unless indicated otherwise. You may use/download the Content only for non-commercial and personal use, provided you retain all copyright and other proprietary notices contained therein. You shall not, however, reproduce, distribute, redistribute, modify, transmit, reuse, report, or use the Content for public or commercial purposes without NCOME’ written permission. You shall not use the Content for illegal purpose. You or any third party accessing the Website irrevocably agrees to the exclusive jurisdiction of the courts at Delhi in relation any matter connected or related to use or access of Castler and waives any objection to any proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum. The governing law in such legal proceedings referred to above shall be the laws of the Republic of India.