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 316/274, 3rd Floor, Lane No.3 Saidullajab, Western Marg Garden of Five Senses Road, Tehsil Mehrauli, Saket, New Delhi, Delhi 110030
These terms and conditions regulating use of these Services constitute a legally binding agreement between NCOME and the User (the “Agreement”).
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.
Terms of using Castler’s Portal
A person or entity offering goods or services for sale or offering property for rent and desiring to use the Escrow service of Castler in order to close such a sale shall hereinafter be referred to as “Seller” A person or entity desiring to purchase goods or services from a seller or desiring to rent the property by use of Escrow service of Castler for completing the purchase shall hereinafter be referred to as “Buyer” Seller and Buyer shall hereinafter jointly be referred to as Users/Parties and individually be referred to as User/Party Portal shall refer to portal.castler.com where the Users will transact Trustee shall mean a certified Trusteeship Company based in India which Castler engages from time to time for escrow agent services Length of time agreed upon by both parties in which Buyer may examine the goods or Services upon receipt shall hereinafter be referred to as “Inspection Period” General
Deposit of Funds
Confirmation of receipt of Goods & Services
Disbursement of Funds
During the Buyer Inspection Period, Buyer shall either: (1) select the “Release Payment” button on the Portal to complete acceptance of the goods/services; or (2) select the “Cancel Order” button and follow any further instructions to complete the rejection of the goods/services. Should the Buyer fail to select either the ” Release Payment ” or “Cancel Order” buttons, and/or follow all further instructions, then Buyer shall be deemed to be satisfied with the quality of the goods/services, and to have accepted the goods/services. Castler shall disburse the funds as per following conditions
Compliance with anti-bribery and anti-corruption laws
Compliance with mandates of the OFAC
User undertakes that it shall, during the use of the Services, be in compliance with the mandates of OFAC and acknowledges that the User has not directly or indirectly lent, contributed or otherwise made available funds to any of its affiliates, joint venture partners or any other person or entity for the purpose of financing the activities of any person currently subject to the OFAC Specially Designated Nationals List (SDN), Consolidated Sanctions List and the Additional OFAC Sanctions List, as amended from time to time. For the purpose of this paragraph 7, OFAC means the Office of Foreign Assets Control constituted under the laws of the United States of America.
You agree that you will not accept payments in connection with businesses, business activities or business practices, including but limited to the following:
The above list is subject to additions/ amendments (basis changes/ amendments to applicable laws) by NCOME without prior intimation to User.
You agree to indemnify and hold harmless Castler, its affiliates,its officers, directors, shareholders and employees, from any claim, demand, expense or damage, including reasonable attorneys’ fees and court costs, arising from or relating to your use of the Services or any violation of this Agreement, the rules contained on the Site or the Escrow Instructions, including, payment of Castler fees.
Castler reserves the right to change this Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a order once the Users to such Order have agreed to the Escrow Terms & conditions. You understand that the most recent version of this Agreement will be located on the Site.
Notices from Castler to you will be given by e-mail, SMS or by general posting on the Site. You may contact Castler by filling out the customer support form or such other email address as Castler posts as its address for notice on the Site in the most recent version of the Terms of Using the Escrow Platform
In the event of a cancelled transaction or a partial refund to the Paying Party, the Paying Party’s funds will be refunded back to the Paying party’s bank account. Castler Registration fee and Portal usage fee is non-refundable.
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.