പ്രാബല്യ തീയതി: 30 June 2026
These Terms and Conditions govern the use of services, website interactions, consultancy engagements, and any investment-related, equity-related, debenture-related, or loan-related arrangement with HalaCap Consultancy Limited ("HalaCap", "Company", "we", "us", or "our"). Investment advisory agreements in India commonly define appointment, scope of service, client consent, fees, confidentiality, termination, grievance process, and the principle that investments are subject to market risk with no assured returns.
1. Acceptance
By accessing our website, contacting us, submitting forms, onboarding as a client, entering into discussions, or signing any agreement with HalaCap, you acknowledge that you have read and accepted these Terms and Conditions together with any specific contract, term sheet, subscription form, debenture instrument, loan agreement, mandate letter, or engagement letter applicable to your transaction.
2. Nature of Services
HalaCap may provide consultancy, business support, documentation support, fundraising assistance, investment-related structuring support, project advisory, investor communication, and other lawful commercial services.
Any regulated activity, where legally required, should be undertaken only in accordance with applicable registration, approval, and compliance requirements, and transaction-specific documents will prevail for the relevant arrangement.
3. No Assured Returns
All investments and financial arrangements carry risk. Industry-standard investment advisory terms state that no advisory service should imply assured returns, guaranteed profits, minimum returns, target returns, or any risk-free outcome, and the final investment decision remains with the client or investor.
Accordingly, HalaCap does not promise or guarantee fixed returns, capital appreciation, profit, repayment timing, or loss prevention unless expressly stated in a separately executed and legally valid written agreement.
4. Equity, Debenture, and Loan Transactions
Where funds are provided to or through HalaCap or to any project, company, or special arrangement associated with HalaCap by way of equity, debentures, unsecured loan, secured loan, or other documented instrument, the amount invested or lent shall be governed by the specific written agreement signed between the parties.
The terms of return, repayment, redemption, conversion, profit-sharing, loss allocation, maturity, default consequences, security, and exit shall be only as stated in that specific agreement.
5. Refund Policy
5.1 Consultancy and Service Fees
Unless otherwise agreed in writing, fees paid for consultancy, advisory support, document preparation, research, structuring, or project support are non-refundable once the relevant work has commenced.
If a service engagement is terminated before completion, HalaCap may, at its discretion or as per the signed agreement, refund the unearned portion after deducting fees for work already performed, third-party costs, taxes, and administrative charges.
Indian investment advisory agreement practice commonly provides that, on premature termination, the client may receive a refund for the unexpired period while the service provider may retain a limited breakage portion where permitted by the agreement.
5.2 Equity Investments
Money contributed towards equity participation is not a refundable service payment. Equity investments are subject to business risk, valuation risk, dilution risk, market conditions, and the terms of the share subscription, shareholders' agreement, or related corporate documents.
Return of capital, buyback, transfer, sale, or exit will occur only in accordance with the specific transaction documents and applicable law.
5.3 Debentures
Amounts subscribed to debentures shall be repaid, redeemed, converted, or otherwise settled strictly as per the debenture terms, issue documents, trust deed, or any related written agreement.
Any coupon, profit-linked component, premium, or loss exposure will depend on the instrument terms and applicable law.
5.4 Loans
Amounts advanced as loans shall be repaid in accordance with the executed loan agreement, including principal, profit element, interest, charges, default terms, security enforcement rights, restructuring rights, and timeline for repayment.
Delay, default, restructuring, or business loss may affect payment timing and recovery, subject to the agreed contract and law.
5.5 Transaction Costs and Statutory Deductions
Any refund, repayment, settlement, redemption, or return of money may be subject to deduction of taxes, statutory levies, payment gateway charges, bank charges, documentation charges, legal expenses, or other deductions expressly allowed under the relevant agreement or law.
6. Client and Investor Responsibilities
You agree to provide accurate and complete information, including KYC, contact details, bank details, financial information, and documents reasonably required for onboarding, compliance, suitability review, due diligence, and transaction execution.
Standard investment agreements also place responsibility on the client to understand fee terms, risk disclosures, and the non-binding nature of advice before acting.
7. Independent Decision and Risk Acknowledgment
You acknowledge that:
- every investment or lending decision involves commercial and financial risk;
- past performance, projections, estimates, and business plans do not assure future outcome;
- market conditions, regulatory changes, liquidity constraints, business underperformance, and external events can affect returns and repayment; and
- you should obtain independent legal, tax, accounting, and financial advice before entering any major transaction.
These points are consistent with standard Indian investment-advisory risk clauses, which emphasize that investments are subject to market risk and may be affected by economic, regulatory, liquidity, and business factors.
8. No Custody of Client Assets Without Specific Agreement
Unless a separate written agreement expressly states otherwise and applicable law permits it, HalaCap will not hold securities, operate bank accounts, execute trades, or act under a power of attorney on behalf of a client or investor.
Comparable Indian advisory agreements expressly state that the adviser should not manage client funds or securities merely by virtue of the advisory relationship.
9. Confidentiality
HalaCap will use reasonable efforts to keep client and investor information confidential, except where disclosure is required for compliance, professional advice, transaction execution, recovery proceedings, regulatory reporting, legal process, or with your consent.
Standard advisory agreements also include confidentiality obligations while allowing disclosure where required by law.
10. Intellectual Property
All documents, reports, presentations, proposals, research notes, formats, branding, website content, and materials prepared by HalaCap remain the property of HalaCap unless otherwise agreed in writing.
You may not reproduce, distribute, publish, or commercially exploit our content without prior written consent.
11. Termination
Either party may terminate a service relationship in accordance with the applicable agreement or, where no period is stated, by giving reasonable written notice.
Standard Indian advisory contracts commonly permit termination by notice and provide separate rights for immediate termination in case of breach, insolvency, or loss of regulatory eligibility.
Termination does not affect accrued rights, payment obligations, confidentiality obligations, dispute rights, or any transaction already entered into before termination.
12. Limitation of Liability
To the maximum extent permitted by law, HalaCap shall not be liable for indirect, incidental, special, consequential, market-linked, opportunity, or business losses arising from investment decisions, delays, market movement, project underperformance, third-party default, or force majeure events, except to the extent finally determined to arise from fraud or wilful misconduct.
Comparable agreements often exclude liability for depletion in value, adverse market conditions, and factors beyond the adviser's control.
13. Disputes and Governing Law
These Terms and Conditions shall be governed by the laws of India.
Any dispute may first be attempted to be resolved amicably, failing which it may be referred to arbitration or the courts having jurisdiction as specified in the applicable written agreement.
Indian investment-advisory agreements commonly include arbitration and grievance redressal provisions.
14. Ship and Delivery Policy
HalaCap Consultancy Limited primarily provides consultancy, investment-related support, and digital services. Unless specifically stated in a separate agreement, HalaCap does not ship physical goods.
Where any physical document, certificate, welcome kit, or other item is to be delivered, dispatch timelines, delivery method, charges, and risk transfer shall be as agreed in writing with the client or investor.
Digital documents, agreements, statements, and confirmations may be delivered by email, portal access, or other electronic means.
For delivery support, users may contact info@halacap.com or +91 484 2388 191.
15. Contact
For notices, complaints, refund requests, or legal communications, contact:
- HalaCap Consultancy Limited
- ഇമെയിൽ: info@halacap.com
- ഫോൺ: +91 484 2388 191
- മൊബൈൽ: +91 9995533488 / +91 7994400904
- രജിസ്റ്റർ ചെയ്ത വിലാസം: HalaCap Consultancy Limited, C/o. Azad Eramangalath, Vayalambam, Anjappalam, Methala, Kodungallur, Thrissur, Kerala - 680669