TERMS OF USE

Last Updated: Feb 7, 2024

Welcome to the services provided by MOSAICEPOCH SOURCING AND TRADING PRIVATE LIMITED. ("tradeorca," or "we," "our," or "us"). By accessing and using our website located at tradeorca.co (the "Site") and our services (the "Services") made available through our platform accessible via app.tradeorca.co (the "Platform"), you agree to the following terms and conditions (the "Terms of Use"). Your use of the Site and/or the Services is also subject to our Privacy Policy available at tradeorca.co/privacypolicy, which is hereby incorporated into these Terms of Use.

BINDING ARBITRATION AND CLASS ACTION WAIVER
THE SECTIONS BELOW TITLED "BINDING ARBITRATION" AND "CLASS ACTION WAIVER" CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1. Restrictions

Our platform and services are exclusively designed for US citizens or lawful residents of US, and they should be physically located within the country. We do not intend to offer our services outside of US. Our platform and services are specifically for individuals who are 18 years of age or older. We cannot guarantee that any aspect of our services, including the information provided on the site and platform, complies with the laws or regulations of any jurisdiction outside of US. By accessing and/or using our platform and services, you confirm that you are 18 years of age or older, and you are a lawful resident of US, currently located within the country.

2. Description and Use Of Services

We grant Visitors access to the Site and Customers access to the Services, as outlined below.

• Visitors: Visitors are individuals who browse the Site without registering. No login is necessary for Visitors. They can: (i) browse all publicly-available content on the Site; and (ii) contact us via email.
• Customers: Login is mandatory for Customers. Customers can: (i) perform all functions available to Visitors; and (ii) utilize the Services provided by tradeorca through the Platform. tradeorca reserves the right to accept or decline any individual as a Customer at its sole discretion. Furthermore, tradeorca may deactivate any account at any time, especially if it determines that a Customer has violated the Terms of Use.

3. Right To Access And Use The Platform

Subject to the terms and conditions outlined in this Agreement, tradeorca provides you with a non-transferable, non-exclusive right to access and utilize the Platform for your personal, non-commercial purposes during the term of this Agreement. You agree not to (and not to authorize, permit, or encourage any third party to): (i) attempt to reverse engineer, decompile, disassemble, or discern the source code or interface protocols of the Platform; (ii) modify, adapt, or translate the Platform, or any portion thereof; (iii) create copies of the Platform, or any part thereof; (iv) sell, distribute, or sublicense the Platform, or any portion thereof; (v) remove or alter any proprietary markings or restrictive legends on the Platform; (vi) utilize the Platform in violation of any applicable law, to develop a competing product or service, or for any purpose not explicitly permitted in this Agreement; (vii) introduce harmful code such as viruses, worms, Trojan Horses, or similar into the Platform; (viii) store any portion of the services (including any data contained therein) outside the Platform without prior written permission from tradeorca; (ix) engage in activities such as service bureau, timeshare, or service provider where you operate the Platform for the benefit of a third party; or (x) bypass any processes, procedures, or technologies implemented to safeguard the Platform. In the event of a violation of this section, tradeorca reserves the right, at its sole discretion, to immediately revoke your access to the Platform or any part thereof without prior notice. tradeorca also reserves the right to alter the availability of any feature, function, or content related to the Platform at any time, without notice or liability to you.

4. Use Of Personal Information

When you use the Site and Services, you may transmit certain personal information to us. Our policies regarding the collection and utilization of this personal information are outlined in our Privacy Policy (accessible at https://www.tradeorca.co/privacypolicy), which is fully incorporated by reference herein.

5. Sign-In Credentials and Unique Identifiers

During the registration process for Customers, you will be required to create an account, which involves selecting a unique sign-in name ('Sign-In Name'), password ('Password'), and potentially providing additional information to aid in verifying your identity during future log-ins ('Unique Identifiers'). Alternatively, you may choose to log in using your Google credentials (together with your Password, referred to as 'Credentials'). It is essential that you provide accurate, current, and complete information when creating your account. Each Sign-In Name and corresponding Password is intended for use by only one Customer. You are responsible for maintaining the confidentiality and appropriate use of your Sign-In Name, Password, and Unique Identifiers. Please notify us promptly if there is a need to deactivate a Password or Sign-In Name or to modify any Unique Identifier. We retain the right to delete or modify your Password, Sign-In Name, or Unique Identifier at our discretion and for any reason.

6. Intellectual Property

The materials found on the Site, the Platform, and within the Services, collectively referred to as the 'Content,' encompass software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of tradeorca. This Content may be owned by us or third parties and is protected under both India and foreign laws. Unauthorized use of the Content may infringe upon copyright, trademark, and other legal protections. You do not possess any rights to the Content beyond those expressly permitted under this Agreement. Any use of the Content requires prior written consent from us. You must preserve all copyright and other proprietary notices included in the original Content on any copies you create. The Content may not be sold, transferred, assigned, licensed, sublicensed, or modified, nor may derivative works be created based on the Content without our prior written consent.

7. Feedback

We welcome your feedback, comments, and suggestions for improvements to the Site, Platform, and Services (collectively, 'Feedback'). If you choose to provide Feedback, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to utilize, reproduce, modify, adapt, publish, distribute, and display such Feedback in any form, medium, or technology now known or later developed. We may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you or any third party.

8. No Warranties; Limitation of Liability

tradeorca endeavors to provide accurate and up-to-date information on the Site and Platform. However, we do not guarantee the accuracy, reliability, completeness, or timeliness of any information provided. The Site, Platform, and Services are provided on an 'as-is' and 'as-available' basis, without warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

9. Indemnification

You agree to indemnify, defend, and hold harmless tradeorca, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, arising from or relating to your use or misuse of the Site, Platform, or Services or your breach of this Agreement.

10. Compliance With Applicable Laws

You agree to comply with all applicable laws, regulations, and rules concerning your use of the Site, Platform, and Services. You acknowledge that your failure to comply with such laws may result in immediate termination of your access to the Platform and Services, without notice or liability to you.

11. Term and Termination

These Terms of Use shall remain in effect until terminated by either you or tradeorca. You may terminate this Agreement at any time by discontinuing use of the Site, Platform, and Services. tradeorca reserves the right to terminate your access to the Site, Platform, and Services at any time, with or without cause, and without notice or liability to you.

12. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, for any disputes arising out of or relating to these Terms of Use or your use of the Site, Platform, or Services.

13. Changes to Terms of Use

We reserve the right to modify these Terms of Use at any time. Any changes will be effective immediately upon posting to the Site. Your continued use of the Site, Platform, and Services following the posting of any changes constitutes your acceptance of the revised Terms of Use. We encourage you to review these Terms of Use periodically to stay informed of any updates.

14. Contact Us

If you have any questions about these Terms of Use, please contact us at [email protected].