1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Lumio Capital ("we", "us", or "our"), governing your access to and use of the website located at lumiocap.com, including all content, functionality, and services offered on or through the Website (collectively, the "Services").
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately cease use of the Website.
These Terms are published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from time to time.
2. Eligibility
You represent and warrant that:
- You are at least eighteen (18) years of age and are competent to enter into a contract within the meaning of the Indian Contract Act, 1872.
- You have the legal authority to accept these Terms on behalf of yourself or the entity you represent.
- Your use of the Website does not violate any applicable law, regulation, or order of any governmental authority.
3. Nature of the Website and Services
The Website serves as an informational platform for Lumio Capital and provides a mechanism for founders and entrepreneurs to submit pitch materials for potential investment consideration.
All investment decisions are made at the sole discretion of Lumio Capital and are subject to internal due diligence, regulatory compliance, and commercial considerations.
4. Pitch Submissions and Confidentiality
4.1 No Obligation of Confidentiality
Unless a separate, written Non-Disclosure Agreement (NDA) has been duly executed between you and Lumio Capital, the submission of any pitch deck, business plan, memo, idea, concept, or any other materials ("Submission Materials") through the Website shall not be deemed confidential or proprietary.
You acknowledge and agree that:
- Lumio Capital receives numerous submissions and may be evaluating concepts similar to yours.
- Lumio Capital shall have no obligation to refrain from pursuing, developing, or investing in businesses, products, or services that are similar to or competitive with your Submission Materials.
- No fiduciary, advisory, or agency relationship is created by the mere act of submission.
4.2 Representations by Submitting User
By submitting materials through the Website, you represent and warrant that:
- You have the legal right to submit such materials and that they do not infringe the intellectual property or proprietary rights of any third party.
- The information provided is true, accurate, and not misleading to the best of your knowledge.
- Your submission does not violate any law, regulation, contractual obligation, or right of any third party.
4.3 Use of Submission Materials
Lumio Capital may use the Submission Materials solely for the purpose of evaluating the potential investment opportunity. We shall not publicly disclose the contents of your submission or use it for commercial purposes unrelated to our investment activities, unless otherwise required by law.
5. Intellectual Property Rights
All content on the Website — including but not limited to text, graphics, logos, trademarks, service marks, trade names, page layouts, design elements, and software — is the exclusive property of Lumio Capital or its licensors and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and other applicable intellectual property laws of India.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and view the Website for personal, non-commercial purposes only. You shall not:
- Reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Website without prior written consent.
- Use the Lumio Capital name, logo, or trademarks without express authorisation.
- Use any automated means (including bots, scrapers, or crawlers) to access, extract, or index content from the Website.
6. Prohibited Conduct
You agree not to:
- Use the Website for any purpose that is unlawful or prohibited by these Terms.
- Attempt to gain unauthorised access to any portion of the Website, its servers, or any systems or networks connected to the Website.
- Transmit any virus, worm, malicious code, or disruptive technology through or to the Website.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Submit false, misleading, or fraudulent information through any form on the Website.
- Engage in any activity that could disable, overburden, or impair the proper functioning of the Website.
Any violation of this Section may result in immediate termination of your access to the Website and may expose you to civil and criminal liability under the IT Act, 2000 and the Indian Penal Code, 1860 (or the Bharatiya Nyaya Sanhita, 2023, as applicable).
7. Disclaimers
THE WEBSITE AND ALL CONTENT, SERVICES, AND INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
To the fullest extent permitted by applicable law, Lumio Capital disclaims all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Any warranty that the Website will be uninterrupted, error-free, secure, or free from viruses or harmful components.
- Any warranty regarding the accuracy, completeness, or reliability of any content on the Website.
No advice or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly stated herein.
8. Limitation of Liability
To the maximum extent permitted under applicable Indian law:
- Lumio Capital, its partners, officers, directors, employees, advisors, agents, affiliates, or licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, business opportunities, or other intangible losses.
- In no event shall the aggregate liability of Lumio Capital for any claim arising out of or relating to the use of the Website exceed ₹10,000 (Rupees Ten Thousand only).
- This limitation applies regardless of the theory of liability — whether in contract, tort (including negligence), strict liability, or any other legal theory — even if Lumio Capital has been advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless Lumio Capital, its partners, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of the Website.
- Any breach of these Terms by you.
- Any information or materials submitted by you through the Website.
- Your violation of any applicable law or the rights of any third party.
10. Third-Party Links and Content
The Website may contain hyperlinks to websites operated by third parties. Such links are provided for convenience and informational purposes only. Lumio Capital does not endorse, control, or assume responsibility for the content, privacy practices, or terms of service of any third-party websites. Access to such websites is at your own risk.
11. Modifications to Terms
We reserve the right to amend, modify, or replace these Terms at any time, at our sole discretion. Any changes shall be effective upon publication on the Website with a revised "Last Updated" date. It is your responsibility to review these Terms periodically.
Your continued use of the Website after the posting of revised Terms constitutes your acceptance of and agreement to such changes. If you do not agree with the modified Terms, you must discontinue use of the Website.
12. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
13. No Waiver
The failure of Lumio Capital to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorised representative of Lumio Capital.
14. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Lumio Capital with respect to your use of the Website and supersede all prior or contemporaneous communications, understandings, and agreements, whether written or oral.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to conflict of law principles.
15.2 Arbitration
Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement. The seat of arbitration shall be New Delhi, India. The language of the arbitration shall be English.
15.3 Jurisdiction
Subject to the arbitration clause above, the courts located in New Delhi, India shall have exclusive jurisdiction over any matters arising out of or relating to these Terms.
16. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Lumio Capital
Email: legal@lumiocap.com