Last Updated on July 20, 2023 

TERMS AND CONDITIONS OF USE

1. INTRODUCTION

These Terms and Conditions of Use (“Terms of Use”) is a legal contract between IMAGINARA LEGACIES PRIVATE LIMITED (“Imaginara” or “We, “we” or “Us”, us” or “Our, our”) and you (“User”, “You”, “you” or “your”, “Your”), a User (as defined below). These terms govern the use of website being www.damned.com (the “Website”). These Terms of Use governs your use of the Website through any mode of computers, tablets, mobile or any other storage/transmitting device. 

The Website is operated and owned by IMAGINARA LEGACIES PRIVATE LIMITED, an Indian private limited company bearing CIN U67190MH1984PTC033474 and having its registered address at 7A, Girnar Apartments, 55 Pali Hill Road, Bandra West Mumbai-400050.

The Website provides resources such financial calculators, articles, books to help users manage their money, plan their careers, and manage other life skills such as wellness, relationships etc. 

BY ACCESSING AND USING THE WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE THEN DO NOT USE THE WEBSITE.    

PLEASE NOTE THAT THE IMAGINARA IS NOT AN INVESTMENT ADVISOR REGISTERED WITH THE SEBI OR ANY OTHER REGULATORY AUTHORITY. 

PLEASE NOTE THAT ANY ADVICE INCLUDING ANY FINANCIAL ADVICE, CAREER ADVICE OR GUIDANCE AND/OR OUTPUT PROVIDED FROM THE RESOURCES ON THE WEBSITE INCLUDING BUT NOT LIMITED TO THE CALCULATORS, ARTICLES, BOOKS, MEMES AND VIDEOS ARE FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT AND IS NOT INTEDED TO BE EXPERT ADVICE. IMAGINARA SHALL NOT BE HELD LIABLE FOR ANY SUCH ADVICE, CAREER ADVICE OR GUIDANCE AND/OR OUTPUT.  YOU MUST TAKE INDEPENDENT ADVICE FROM AN EXPERT ADVISOR FOR YOUR FINANCIAL PLANNING AND CAREER GROWTH OR OTHER GOALS. 

We may update these Terms of Use from time to time to reflect new practices or technologies that impact use of the Website. The date of the last revision or update appears at the top under the title. PLEASE READ THIS TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF USE, INCLUDING IMAGINARA PRIVACY POLICY (https://damned.com/privacy-policy). IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND THE PRIVACY POLICY THEN DO NOT USE THE WEBSITE.

2. DEFINITIONS

2.1 “Applicable Law” shall mean all applicable Indian laws, by-laws, rules, regulations, orders ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any governmental authority or person acting under the authority of any governmental authority of India including but not limited to the Securities and Exchange Board of India (“SEBI”) and the Reserve Bank of India (“RBI”);

2.2 “Content” shall include (but is not limited to) any data, content, images, videos, location data, software, or other materials or information of any type;

2.3 “Intellectual Property Rights” shall mean registered and unregistered rights in all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of other jurisdictions and shall include any legally protectable product or process of the human intellect whether registrable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business method, database, industrial process, computer program, source code, process or presentation, content, and videos and exercises;

2.4 “Resources” shall include the calculators, books, articles, videos and memes available on the Website for a User to obtain advice or plan his/her career; 

2.5 “Website” shall mean the website  www.damned.com; and

2.6 “Work Product” shall mean any output, analysis, report, summary, recommendations, writings, concept, technique, method, documentation, communications whether by email message or through the Website, generated by the tools, calculators, algorithms, software, whether its own or sourced through a third party, on the Website. For the avoidance of any doubt, Work Product shall include goal planning calculators and any other named and unnamed technology-based tools, offered on the Website.

3. DECLARATION BY IMAGINARA

3.1 Imaginara provides the Resources on the Website for general financial advice and career advice. Imaginara does not, through the Website, provide any expert financial advice, tax, legal, insurance or investment advice. Any financial advice available on the Website is for general reference purposes only and is not expert advice and should not to be relied upon by You, as expert advice. You may take independent advice from an expert advisor for your financial planning and career growth. 

4. DECLARATION BY THE USER

4.1 I understand that the Website does not provide any financial, tax, legal, insurance or investment advice. Hence when I avail of or rely upon the Resources offered on the Website, I do so at my sole discretion and at my sole risk. 

4.2 I understand that Imaginara shall not be liable to compensate me for any loss or damages incurred by me as a result of my using or relying on the Resources or using the Work Product.

4.3 I shall not hold Imaginara, its directors, officers, representatives and employees liable for any claim, suit, action, loss, damage, expense or any breach of law in this context, which I may incur as a result of my decision to use or rely upon the Resources or the Work Product.

4.4 I shall provide true, accurate and adequate information when requested on the Website.

4.5 I shall not transmit or upload programs, Content or materials on the Website that contain malicious code, such as viruses, trojan horses, spyware, or other potentially harmful programs or other material or information.

5. TERMS AND CONDITIONS PERTAINING TO THE WORK PRODUCT AND THE RESOURCES

5.1 The Work Product is based on the details and information provided by the User, sourced through third parties such as stock prices, interest rates on fixed deposits, tax rates applicable for short term and long-term capital gains, Indexation data, estimated rates of return on investments in mutual funds, and processed using technology and algorithms proprietary to the Website. The Work Product is generated in real time by algorithms without any manual intervention or oversight for each specific Client. The Work Product neither is nor is intended to be investment advice, tax advice, legal advice or any other advice of any nature. It is intended purely to serve as an aid to the Users and the User’s mere use of these financial tools and calculators does not and shall not constitute investment advice or mean that a financial advisory service has been provided to the User by Imaginara.

5.2 The User is aware, acknowledges and agrees that if the User provides inaccurate and/or incomplete information, and/or chooses not to disclose certain information, the Work Product itself shall be rendered inaccurate and incomplete to the extent of such inaccurate or missing information. 

5.3 The Work Product is based on algorithms developed by Imaginara and these algorithms may not be complete and may be prone to errors. The calculators on the Website have been built using third party applications such as www.outgrow.co. The Work Product arising from the use of such calculators may not be complete and may be prone to errors. Imaginara shall not be responsible or liable for any errors in the Work Product resulting from the use of these calculators.

5.4 The Website does not manually validate or maintain oversight on the Work Product generated for each specific User. The User is aware of and acknowledges this lack of human intervention or oversight while viewing the Work Product. 

5.5 Financial advice incorporates various parameters including but not limited to the User’s life stage, User’s family responsibilities, User’s professional situation, User’s non-financial personal and professional goals, User’s current financial situation, preferences, suitability tests, familiarity with financial products, risk profile, attitude towards risk, financial goals and market environment. Some or all of these factors are dynamic and/or subjective and the User agrees and understands that the Work Product is based on an as-on-date analysis of quantifiable inputs alone and hence should not be treated as investment advice of any form or manner. 

5.6 Risk profiling and product suitability tests are embedded into the Website algorithms and the outcome and reports are based on the use of certain parameters and assumptions that may be incorrect. Imaginara does not warrant that the outcome of such risk profiling and product suitability tests are not absolutely precise and shall not be the same under all circumstances. Further, risk profile and product suitability tests do not have an industry accepted standard definitions and computational methodologies and the outcome of the Website’s algorithms may differ from and is not comparable to the outcome of other third-party tools performing risk profiling and product suitability tests, even when the same set of information is used.

5.7 The User shall fill in or upload all the fields of essential data entry on the Website. The algorithm/software offered by Imaginara shall generate a Work Product based on the information entered by the User after the completion of the questionnaire.

5.8 Nothing contained hereunder in this Agreement shall bind, or require the User to rely on, or act on the Work Product. 

5.9 The data/information entered on the platform by the User, may be modified, changed, amended or retracted by the User and the Work Product shall automatically update to reflect the updated information. 

5.10 No Work Product or Resource contained on the Website and in any communication from the Website to the User, is investment advice under Applicable Laws and should not be considered as such. Users understand and acknowledge that merely by virtue of them having viewed the Work Product and/or Resource or having relied on such Work Product and/or Resource for making an investment decision, there is no advisory relationship between any of them and Imaginara. 

5.11 Imaginara does not make any claims with respect to the performance of any Work Product and/or Resource and shall not have any liability towards any losses that Users may incur as a direct or indirect result of their decision, to follow any advice generated by the Work Product and/or Resource. 

6. TERMS AND CONDITIONS PERTAINING TO THE BOOKS, VIDEOS, ARTICLES, MEMES AND OTHER RESOURCES AVAIABLE ON THE WEBSITE

6.1 You acknowledge and agree that all Intellectual Property Rights in the Resources belong exclusively to Imaginara and the User shall not infringe upon these Intellectual Property Rights in any manner. 

6.2 You understand that all Resources and any Content and its arrangements that appears on the Website are owned by or licensed to Imaginara, subject to copyright or other Intellectual Property Rights held by third parties. Accessing or using Website does not give you ownership of any Intellectual Property Rights of Imaginara. 

6.3 All copyright and other Intellectual Property Rights in the Resources including but not limited to the books, videos, articles and memes that appear on the Website belong solely to Imaginara.

7. ELIGIBILITY TO USE THE WEBSITE

You must be legally competent for entering into a binding contract under Applicable Law. If you are not legally competent for entering into a contract under Applicable Law, you cannot use the Website and you must uninstall the Website and cease its use immediately. If you are under the age of 18 years, you are not eligible to use the Website. 

We reserve the right to refuse to provide You with access to the Website to new Users or to withdraw access granted to existing User(s) at any time without according any reasons for doing so. 

8. MODIFICATION 

We may amend or update or change these Terms of Use time to time entirely at our own discretion to reflect new practices or technologies that impact use of the Website. We recommend that you review these Terms of Use on a routine basis to view any changes. The date of the last revision or update appears on top of the title. Your use of the Website after any such amendment or change in the Terms of Use shall be deemed as your express acceptance to such amended/changed Terms of Use and you also agree to be bound by such changed/amended Terms of Use.

9. USER EMAIL INFORMATION 

If you wish to access our Website, then you will be required to provide your email address and such other details that may be required on the Website. This information will be collected, stored, and processed in accordance with our Privacy Policy.

You agree not to use the Website with an identity which is fraudulent or use the email address of another person.

You understand that message and data rates may apply when you use any of our mobile applications on your device. You agree that Imaginara will not be responsible for the message and data rates due to your use of any of our mobile applications on your device and You are solely responsible for any costs associated with using the Website on your devices.

10. LICENSE GRANT

Subject to the terms and conditions of this Terms of Use, Imaginara grants you a personal, limited, non-exclusive, non-transferable, non-sub-licenseable, revocable license to access the Website. Except for this limited grant of access and use under these Terms of Use, we do not grant you any other rights to the Website.

11. USAGE OF THE WEBSITE

Authority: You represent that you agree that you are permitted to use the Website under Applicable Law. 

Use of Website: You must follow any guidelines or policies associated with the use of the Website. You must not misuse or interfere with the Website or try to access them using a method other than the interface and the instructions that we provide.

12. RESTRICTIONS

In accordance with the Information Technology (Intermediary Guidelines and Digital media ethics code) rules, 2021, you agree not to 

    1. infringe any patent, trademark, copyright or Intellectual Property Rights or other proprietary rights of Imaginara or any other third person;
    2. deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government; 
    3. impersonate another person; 
    4. threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation; 
    5. contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
    6. violate any Applicable Laws for the time being in force.

In case of your non-compliance with the aforesaid provisions, we shall periodically and once in a year, inform you of your non-compliance. In case of any non-compliance by You, You agree that Imaginara has the right to terminate your access or usage of the Website or remove your non-compliant information.  

13. LIABILITY

We do not make any claims, promises, or guarantees about the accuracy, completeness, or adequacy of the advice and Content, Work Product or Resources available through the Website and You understand that we will not be liable for errors and omissions in such Content, Work Product or Resources available through the Website. Reference on the Website to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public and does not constitute endorsement or recommendation by us.

14. SPONSORS, ADVERTISERS AND THIRD PARIES 

Our Website may contain sponsors, advertisers or third party websites, links or applications. You agree and understand that the content, privacy policies of these websites are not under Our control. You understand that once you leave Our servers and use of any third party websites, links or applications, You shall be governed by the privacy policy of the operator of the site used by you. Imaginara shall not be responsible for your dealings with advertisers in our Website participating in promotion. You agree that the dealings are solely between you and such third parties.

You acknowledge and agree that Imaginara is not liable for any loss or damage whether direct or indirect which may arise as a result of the availability of those external sites, or as a result of any dealings by you and the third party on such web sites or content.

15. INDEMNIFICATION

To the maximum extent permitted by Applicable Law, you agree to defend, indemnify and hold Imaginara and its affiliates, subsidiaries, directors, agents and employees, and third parties associated with the Website harmless against any damages, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your breach or violation of these Terms of Use and the Privacy Policy.

16. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

We respect the Intellectual Property Rights of others and You agree to protect Imaginara’s Intellectual Property Rights and the Intellectual Property Rights of all others having rights in the Website during and after the term of this Terms of Use. We restrict Users from uploading, posting or otherwise transmitting materials that violate the Intellectual Property Rights of third parties.  You agree that you will not upload, post, or otherwise transmit materials on the Website that will violate the Intellectual Property Rights of Imaginara or third parties. 
When we receive notification of alleged copyright complaints that do not comply with the Copyright Right Act, 1957, we promptly remove or disable access to the illegal infringing material. We may also terminate the accounts of the infringers. 
If you are a copyright owner or an agent thereof and you believe that any content on the Website that infringes upon your copyright, you may submit a notice to us at rishi@damned.com.

17. NO WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL RESOURCES, WORK PRODUCTS, INFORMATION, CONTENT, MATERIALS OR YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. IMAGINARA AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IMAGINARA AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE, DO NOT WARRANT THAT THE WEBSITE OR WEBSITE CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. IMAGINARA AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THE CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST IMAGINARA WITH RESPECT TO THE SAME. IMAGINARA AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE DO NOT MAKE ANY WARRANTY ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THE CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST FLIMELINE WITH RESPECT TO THE SAME.

18. LIMITATION OF LIABILITY

IN NO EVENT SHALL IMAGINARA OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, OR THIRD PARTIES ASSOCIATED WITH THE  WEBSITE, BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE WEBSITE, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR THE RESOURCES OR THE WORK PRODUCT OR THE CONTENT ACCESSIBLE THROUGH THE WEBSITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. USERS AGREE THAT THE LIABILITY OF IMAGINARA, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS, EMPLOYEES AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE IS LIMITED SOLELY TO DIRECT DAMAGES AND IN NO EVENT SHALL ANY SUCH DIRECT DAMAGES EXCEED, THE AGGREGATE OF RS.1000. 

19. TERMINATION

We are constantly innovating, changing and improving our Website. We may, without notice, add or remove functionalities or features, create new limits to our Website, or temporarily or permanently suspend or stop a product on our Website.

Imaginara may, in its sole discretion, immediately terminate, limit or suspend your usage or access to the Website, delete your information and/or prohibit you from using or accessing the Website without any notice, if you have violated any of the provisions in this Terms of Use.

Please email  rishi@damned.com. for any termination inquiries/questions. On termination, you lose the right to access or use the Website.

20. REPRESENTATION AND WARRANTIES

You represent and warrant that:

20.1 All registration information you submit are true, accurate, current, and complete.

20.2 You represent and warrant that You are in compliance with all Applicable Laws when you access and use the Website. You agree to use the Website only in compliance with these Terms of Use and Applicable Laws, and in a manner that does not violate legal rights of Imaginara or those of any third party(ies).

21. FORCE MAJEURE 

Without prejudice to any other provision herein, Imaginara shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond Imaginara’s control, including, without limitation, acts of the User or other Users, embargo or other governmental act, regulation or request affecting the conduct of Imaginara’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God. 

22. COMPLAINTS 

You understand that by using this Website or any materials provided on the Website, you may encounter Content that may be deemed by some to be objectionable, which Content may or may not be identified as such. You agree to use the Website and any related materials or services at your sole risk and that we will have no liability to you for the Content that may be deemed objectionable. If you have any complaints, you may contact our customer care at the details provided below:

Customer Care:
Email id: rishi@damned.com.

23. CONTACT US

If you have any questions concerning these Terms of Use please contact us at rishi@damned.com.

24. CONSENT FOR RECEIPT OF E-MAILS 

Your registration on the Website shall be deemed to be your consent to be contacted by Imaginara, by way of email notifications or messages.

25. MISCELLANEOUS

25.1  Governing Law and Jurisdiction: These Terms of Use is governed by the laws of the of India.  Any claim related to any dispute arising as a result of the Website or under these Terms of Use will be made before a court of competent jurisdiction located in Mumbai. 

25.2  No Partnership:  You agree that no joint venture, partnership, employment, or agency relationship exists between You or other parties and Imaginara as a result of these Terms of Use or your access to or use of the Website. 

25.3  Headings: Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. 

25.4  Severability: If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.  

25.5  Waiver: The failure of Imaginara to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Imaginara’s rights with respect to such breach or any subsequent breaches.

25.7  Entire Agreement: This Terms of Use and the Privacy Policy on the Website constitute the entire agreement between you and Us and govern your use of the Website, superseding any prior agreements between You and Us.