DefinitionsUnless the context otherwise requires or unless otherwise defined or provided for herein, in this terms and conditions ("T&C"), the following words and expressions shall have the following meanings:
- “Act" shall have the meaning ascribed to it in Clause 19.1;
- “Affiliate" of a Person (the “Subject Person”) shall mean (i) in the case of any Subject Person other than a natural person, any other person that, either directly or indirectly through one or more intermediate persons, Controls, is Controlled by or is under common Control with the Subject Person, and (ii) in the case of any Subject Person that is a natural Person, shall mean and include a Relative of such Subject Person or a person that, either directly or indirectly through one or more intermediate persons is Controlled by such Subject Person;
- “Agreement" shall have the meaning ascribed to it in Clause 3.1;
- “Change" shall have the meaning ascribed to it in Clause 16.1;
- “Confidential Information" shall mean: (i) technical information and materials, including but not limited to computer programs, software, databases, data products, data solutions, methods, know-how, technological data, technological prototypes, processes, discoveries and similar items; (ii) information and materials, including but not limited to financial information, business plans, business proposals, trade secrets, intellectual property, customer contract terms and conditions, pricing and bidding methodologies and data, sales data, customer lists, customer or contact information, customer preferences and other business information, supplier lists, supplier contact information, supplier preferences and other business information, vendor lists, vendor contact information, vendor preferences and other business information, business partner lists, business partner contact information, business partner preferences and other business information, and similar items; (iii) information and materials relating to future plans, including but not limited to pending projects and proposals; (iv) information and materials, including but not limited to employee lists and contact information, employee performance information, employee compensation information, recruiting sources, contractor and consulting information, contacts, and cost, and similar information; (v) information or material that gives (or other discloser of information, as applicable) an advantage with respect to competitors in the field, by virtue of not being known by those competitors; (whether conveyed in written, oral or in any other form and whether such information is furnished before, on or after the execution of this Agreement); (vi) any information whatsoever concerning or relating to: (a) any dispute or claim arising out of or in connection with this Agreement; or (b) the resolution of such claim or dispute; and (vii) any information or materials prepared by or for a Party or its representatives that contain or otherwise reflect, or are generated from, Confidential Information;
- “Control" (including, with its correlative meanings, the terms “ Controlled by” or “ under common Control with”) means (a) the possession, directly or indirectly, of the power to direct or cause the direction of management and policies of a Person whether through the ownership of voting securities, by agreement or otherwise, or the power to elect more than half of the directors, partners or other individuals exercising similar authority with respect to a Person; or (b) the possession, directly or indirectly, of a voting interest in excess of 50 % (Fifty Percent) in a Person;
- “Dispute" shall have the meaning ascribed to it in Clause 19.1;
- “Force Majeure" shall have the meaning ascribed to it in Clause 15.1;
- “KYC" means know your customer;
- “Leverage" shall have the meaning ascribed to it in Clause 2.2;
- “Materials" shall have the meaning ascribed to it in Clause 14.1;
- “Parties" shall mean You and Leverage;
- “Platform" shall have the meaning ascribed to it in Clause 2.2;
- “Relative" shall have the meaning ascribed to it under Section 2(77) of the Companies Act, 2013;
- “Service Agreement" shall have the meaning ascribed to it in Clause 4.2.12;
- “Services" shall have the meaning ascribed to it in Clause 2.2;
- “T&C" shall have the meaning ascribed to it in Clause 1; and
- “Third Party Service Provider" shall have the meaning ascribed to it in Clause 2.3;
- “You" shall mean the individual / consumer who uses the Platform or avails the Services through the Platform.