Terms & Conditions
These Terms govern your access to and use of the INDvestment platform and services. By accessing or using INDvestment, you agree to be bound by these Terms. Please read them carefully before continuing.
At a glance
Investors
ON THIS PAGE
By continuing to use this website and/or application INDvestment, you agree to be bound by the terms and conditions ("Terms") set out below. Please read the Terms carefully. If you do not agree to the Terms in their entirety, please do not use or access the Platform. The Company through this Platform provides various technology services to its users and Associate Companies.
Definitions
"Associate Companies" shall mean [ASSOCIATE COMPANY 1] Private Limited, [ASSOCIATE COMPANY 2] Private Limited, [ASSOCIATE COMPANY 3] Private Limited and [ASSOCIATE COMPANY 4] Private Limited.
"Company" shall mean INDvestment [COMPANY LEGAL NAME] Private Limited.
"Group" shall collectively mean the Company and Associate Companies.
"Intellectual Property Rights" shall mean and include, without limitation, any patents, all current and future copyrights, trademarks, trade secrets, know-how, service marks, database right, inventions, patents, topographies, trade and business names, domain names, marks and devices (whether or not registered), design right, moral right or any other property rights (in each case, whether registered or not and including applications for registration, if any) that grant similar rights as the foregoing, anywhere in the world.
"Platform" shall mean INDvestment, including its web application and mobile application.
"Services" shall mean the services provided by the Company and shall also include the services provided to the User by the Associate Companies or third parties on the Platform.
"User" or "you" shall mean any person who accesses, uses, installs, or views the Platform (even if you do not avail the Services provided).
"User Data" shall mean any personal and/or sensitive data, information, or user transaction data including but not limited to: Aadhaar number and personal information such as your name, address, date of birth, telephone number, gender, e-mail address, location, proof of identity, and other financial and credit information relating to you, including but not limited to bank details, account information and other details.
Services
- i.The Company operates the Platform to enable the User to avail the Services. The User acknowledges that not all the Services on the Platform are provided by the Company and services may be provided by the Associate Companies or other third parties. The User shall, before availing such Services, read the terms and conditions and privacy policy of such Associate Company and/or third parties also (as applicable). The Company shall not be liable for any Service that is availed by the User from such Associate Company or third party.
- ii.While you access the Services, the Company will act on your express instructions, and any transactions carried out on your behalf shall be subject to your sole consent, discretion and responsibility.
- iii.For enabling the Services, the Company/Associate Company shall partner with corporate entities including but not limited to brokerage firms, Execution Only Platforms, investment advisers, research analysts that are registered with the Securities and Exchange Board of India ("SEBI") and NBFCs/Banks that are registered with the Reserve Bank of India ("RBI").
- iv.In order to offer the Services to you, you may be required to create a user profile on the Platform and provide personal and financial information, including but not limited to name, email address, gender, date of birth, contact information, bank details and documents, PAN card, and other information including User Data. You acknowledge that providing such information is necessary for the use of the Services and agree that such information shall be accurate and complete, failing which the Company may cancel or refuse any part of the Services offered to you. You hereby grant your express authorisation to the Company to access, collect, store, and use such data for providing the Services.
- v.The Company is required to collect User Data in accordance with the Company's Privacy Policy, available for viewing here (Privacy Policy).
- vi.You hereby acknowledge, agree and grant your express authorisation to the Company and Associate Companies that the information shared by you on the Platform, or received by the Company and Associate Companies from various intermediaries and third parties, may be shared within the Company, Associate Companies and other third parties. The information pertaining to you, so shared within the Group, may be used by the Group companies to create your account/profile with such Group companies, in order to make new features or shared experiences and products available to you in a seamless manner, and for such Group companies to send communications to you.
- vii.You hereby acknowledge, agree and grant your express authorisation to the Company and Associate Companies to receive your investment, financial, personal and other data from different third parties and intermediaries to provide Services on the Platform.
- viii.You declare that you have read, understood and agree to the disclosures made by you.
- ix.You agree that the records maintained by the Company in respect of the transactions effected using our Services shall be sufficient proof of such transactions.
- x.The Company/Associate Company shall not be liable or responsible for any actual or threatened losses, damages, expenses, disputes or otherwise any claims made in respect of the use or misuse of the Services by you, and the Company/Associate Company shall be entitled to cancel or refuse to offer the Services to you without any notice or obligation to provide reasons.
- xi.The efficiency and confidentiality of the information provided by you shall always be subject to the software and hardware used by you, including the capability of your electronic device, internet connection, and such other specifications or features that may be relevant for or ancillary to accessing the Platform and availing the Services.
- xii.By accessing the Platform, you agree to receive communications (including investment, SIP and other updates), in relation to the Services, on WhatsApp.
- xiii.By accessing the Services through the Platform, you represent that (a) you are competent to contract with the Company and (b) you consent to these Terms.
- xiv.The availability of the Platform and the Services will be subject to any fixes or updates that the Company or the Associate Companies may find necessary to make, and you acknowledge that the Company or the Associate Companies shall not be liable in any manner whatsoever towards any damages, losses or other claims which may be threatened or incurred as a result.
- xv.The Company may amend these Terms, the Privacy Policy or such other terms as it deems necessary from time to time, and you acknowledge and understand that your continued access to the Platform and use of the Services shall be subject to such terms as may be made applicable from time to time. You should periodically review these Terms and the Privacy Policy for any latest amendments. Once posted, those changes are effective immediately unless stated otherwise. Continued access or use of the Services constitutes your acceptance of the changes and the amended Terms and Privacy Policy. However, if you do not agree with the changes, please do not continue to use the Services or submit information to us.
Services Offered by the Associate Companies on the Platform
- i.[ASSOCIATE COMPANY 1 NAME] Private Limited ("[ASSOCIATE COMPANY 1 SHORT NAME]")
- a.[ASSOCIATE COMPANY 1 SHORT NAME] is a SEBI-registered research analyst that provides portfolio research services.
- ii.[ASSOCIATE COMPANY 2 NAME] Private Limited ("[ASSOCIATE COMPANY 2 SHORT NAME]")
- a.[ASSOCIATE COMPANY 2 SHORT NAME] is a SEBI-registered non-individual investment adviser. [ASSOCIATE COMPANY 2 SHORT NAME] does not provide any advisory services on the Platform.
- b.[ASSOCIATE COMPANY 3 NAME]
- c.You understand that there are risks associated with borrowings for the purpose of investing in capital markets. We strongly urge you to refrain from investing borrowed funds in capital markets.
For any grievances related to the Services provided on the Platform, kindly reach out to the grievance officer, [GRIEVANCE OFFICER NAME], using [GRIEVANCE OFFICER EMAIL].
Services Related to INDvestment Subscriptions
- i.The Platform enables Users to subscribe to investment products offered by SEBI-registered intermediaries such as Investment Advisers and Research Analysts (Managers), hosted on the Platform. The investment products are a basket of stocks, exchange-traded funds, Futures and Options, PMS, AIF, Mutual Fund and other domestic securities (referred to as INDvestments), created and managed by the Managers.
- ii.Users can subscribe to INDvestments by choosing from the pricing plans offered by the respective Manager. The payment of fees happens from the User to the Manager through an authorised payment mechanism. Once subscribed, the User has the option to cancel the subscription.
- iii.Users must note that refunds of fees are at the discretion of the concerned Manager and are governed by the terms of service between the Manager and the User.
- iv.Auto renewal of subscriptions: There are various subscription plans which are auto-renewed. The details of such renewal are made available to the user during the subscription process. Cancellation of these plans is also governed by the terms above.
- v.Users can further refer to the Help and Support Section for details and queries related to INDvestments subscriptions.
Fee and Commercials
Currently, the Services are being made available without any charge by Us to you, and the transaction fees and other charges (if any) are paid to Us by the Associate Companies We partner with from time to time. You acknowledge that, in accordance with and as permitted under the applicable laws from time to time, We reserve the right to change the fee and charges structure in the future for the Services or any other services offered by Us. Further, the Associate Companies collect the statutory charges by applying the expense ratio directly, in accordance with the Scheme Related Documents pertaining to the respective schemes made available for transactions on the Platform.
Privacy and Data Protection
- i.We shall use your data for providing the Services to you and in accordance with the Privacy Policy, subject to SEBI and any other applicable laws, rules, regulations, circulars and guidelines issued from time to time.
- ii.You hereby acknowledge, agree and provide your explicit consent to share your data with Us and our associate/affiliate companies/partner banks/any other third parties to the extent required by Us to provide the Services, enhance the user experience, build insights, analyse data for the introduction of new services and features, and as may be required to comply with any regulatory and legal requirements.
- iii.You hereby acknowledge, agree and provide your explicit consent/authorisation to Us and our associate/affiliate companies that the information shared by you on the Platform, or received by Us and/or our associate/affiliate companies from various intermediaries and third parties, may be shared within the Company, our associate/affiliate companies and other third parties. The information pertaining to you, so shared within our group companies, may be used by our group companies to create your account/profile with such group companies, in order to make new features or shared experiences and products/services available to you in a seamless manner and for such group companies to send communications to you.
- iv.The Company may use the unique identifier of your device for security purposes to track suspicious activity and for enabling certain features. For instance, if We detect that your account is being accessed from multiple devices, We may contact you to ensure that you have authorised such access.
- v.You hereby acknowledge, agree and provide your explicit consent to Us and our associate/affiliate companies to receive your data including your investment, financial and personal data from different third parties and intermediaries to provide Services on the Platform.
- vi.For any data as well as consent that you may have provided and want to be deleted or revoked (fully or partially), please send an email at [DATA REQUESTS EMAIL] stating the details of the data and/or consent provided and the scope/nature of the deletion/revocation desired. However, in the event you withdraw such consent or make a request to delete your data, you will not be able to use the Services on the Platform.
Preservation / Disclosure
- i.You acknowledge, consent and agree that We may access, preserve and disclose your designated investment account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- a.Comply with legal process nationally or internationally;
- b.Respond to claims that any of your content violates the rights of third parties;
- c.Protect the rights, property or personal safety of the Company, their users and the public;
- d.Ensure compliance with the terms of the Privacy Policy; and/or
- e.Provide the Services or other services from time to time.
Links to Third Parties
- i.You acknowledge that third-party links on our Platform may direct you to third-party sites, pages or applications that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy of such sites, pages or applications, and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, pages or applications, or for any other data, information, products or services of any third parties.
- ii.We may provide you with access to third-party tools which We neither monitor nor have any control over. You acknowledge and agree that We provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such optional third-party tools. Any use by you of the optional third-party tools offered through the Platform is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Security Components
- i.You understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these digital materials is subject to usage rules set by the Company. You shall not attempt to reverse engineer, override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Platform.
Your Content in the Company's Services
- i.The Services offered by Us allow you to upload, submit, store, send or receive content. When you upload, submit, store, publish, send or receive content to or through our Services, you provide Us with your consent to utilise such content, including for our present and future marketing purposes, subject to the Privacy Policy.
- ii.Such content must not:
- a.Be harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful or racially or ethnically objectionable, disparaging, or relating to or encouraging money laundering or gambling.
- b.Be in violation of any applicable law or regulation.
- c.Harm minors in any way.
- d.Infringe any patent, trademark, copyright or other intellectual property or proprietary rights of others, or violate the privacy, publicity or other personal rights of others.
- e.Deceive or mislead the reader about the origin of such messages, or communicate any information that is grossly offensive or menacing in nature.
- f.Contain software viruses or any other programs designed to interrupt, destroy or limit the functionality of another computer or mobile device.
- g.Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order.
- h.Cause incitement to commit any offence or prevent the investigation of any offence.
- i.Be insulting to any other nation.
- j.Impersonate another person.
- k.Violate the provisions of the IT Act and rules and regulations thereunder, or any other applicable laws from time to time.
Intellectual Property Right
- i.You acknowledge and agree that all content on the Platform (including but not limited to software, text, images, graphics, audio and video) constitutes Our exclusive property, and We, or our licensors, own all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services ("Protected Material"), except any third-party content.
- ii.You shall not copy, modify, reproduce, republish, transmit, post, distribute, use or appropriate the Protected Material in any form without Our prior written permission. Unauthorized use of the Protected Material may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties under applicable laws.
- iii.You agree that without Our express authorisation in writing, you shall not use any trademark, service mark, trade name or logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
- iv.Subject to Our Privacy Policy, all information derived as a result of the Services provided on the Platform shall be owned by Us, and We shall have the right to utilise such information in a manner We deem fit. You further acknowledge that our Services may contain information which is designated as confidential by Us and that you shall not disclose any such information without prior written consent.
Confidentiality
- i.We shall maintain the confidentiality of your personal information as per the Privacy Policy. We and/or our affiliates recognise and acknowledge the value and importance of the protection of your information. We and our affiliates shall exercise the same standard of care to protect your information that We exercise in protecting our own information.
- ii.You acknowledge that We and/or our affiliates may be required to share your information with a third party, under contractual obligations with Us, in order to provide one or more of our Services. Such third parties are under contractual obligations to protect the confidentiality of your information and to use it only to provide the Services to the extent required under the agreement with Us and/or our affiliates.
Modification of Terms
- i.The Terms and Conditions, the Privacy Policy, Disclosures and any other Policy may be modified, at any time, at Our sole discretion without any prior intimation to you. The revised/modified version of the same shall be posted on the Platform. It is your responsibility to review the same on a regular basis. By accessing and continuing to use the Platform, it is deemed that you have understood and agreed to the revised version of the Terms and Conditions, Privacy Policy, Disclosures and any other Policy on the Platform. Further, the Services and features provided by Us may be subject to change at Our discretion, and We do not require your consent for the same nor shall We be liable to you for any such change.
Termination
- i.You agree that We may, at any time and for any reason, terminate, restrict or suspend your access to the Platform or its Services and block your future access to the Platform and Services, or part thereof, with or without prior notice and without any liability, if We determine that you have violated the terms and conditions of these Terms or other Policies. These remedies are in addition to any other remedies which We may have under law or in equity.
- ii.If there is a suspicion of untoward or illegal activity, or fraud whether suspected or otherwise, We may suspend your designated investment account immediately. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. Upon termination for any reason, you agree to immediately stop using our Services.
- iii.In addition, We may, at any time, with or without notice, terminate these Terms with you if:
- a.We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- b.The provision of the Services to you by Us is, in Our sole and absolute discretion, no longer commercially viable;
- c.We elect to discontinue, with or without reason, providing Our Services (or any part thereof);
- d.In the event We face any unexpected technical issues or problems that prevent the Platform and/or Services from working; or
- e.You assign or transfer (or attempt the same) any rights and/or obligations granted to you under these Terms.
- iv.Termination of your designated investment account may include:
- a.Removal of access to all offerings within the Platform or with respect to the Services;
- b.Disabling access to the account information, including your personal information, login ID and password, and all related information, files and materials associated with your account (or any part thereof), and any user content uploaded by you; and
- c.Prohibiting further use of the Services.
- v.You agree that termination shall be made at Our sole and absolute discretion and We shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the Platform and Services.
- vi.Upon termination of these Terms, all rights granted to you will terminate and revert to Us. Regardless of the reasons for termination of these Terms, the fee charged, if any, for access to the Services is non-refundable.
- vii.The provisions regarding Limitation of Liability, Indemnification and Intellectual Property Rights shall survive such termination.
Limitation of Liability and Damages
- i.We do not guarantee, represent or warrant in any manner that your use of Our Services will be uninterrupted, timely, secure or error-free, on account of telecommunication interruptions or other disruptions. We also do not warrant that the Platform and its servers are free of computer viruses or other harmful mechanisms. If your use of the Platform or content therein results in the need for servicing or replacing your computer, mobile or other equipment or data, We are not responsible for any such costs.
- ii.We shall not be liable for any damage to your computer, mobile or other equipment, or for loss of data that may result from the download of any content, material or information from the Platform, or use of any software, systems, functionality or other services on the Platform. We shall also not be liable under any circumstances for damages arising out of or related in any way to your inability to access, or your difficulty in accessing, the Platform due to any bugs, viruses, trojan horses or the like, which may be transmitted to or through the Platform by any third party, any loss of your data, or any claim relating to your data or content from the Services.
- iii.We may have a presence on social networking websites/applications including, but not limited to, LinkedIn, X, and YouTube, which may be used to connect to a larger group of people. We shall not be liable in any way for any content (including, but not limited to, inaccurate, false, erroneous, incomplete, threatening, defamatory, obscene, offensive, infringing or illegal content) posted by third-party users, or for any loss or damage of any kind incurred as a result of the use of any content on Our Platform or Our social networking websites/applications. Further, We shall not be liable for any unlawful acts (including, but not limited to, posting of non-public information in violation of applicable laws such as the SEBI (Prohibition of Insider Trading) Regulations, 2015, misuse of any data, unfair trade practices, fraud, or cyber-crimes) committed by you or your affiliates, relatives, employees, agents or contractors. In the event you post such information or content that you know, or reasonably should know, cannot be legally distributed on Our Platform or Our social networking websites/applications, you will be subject to legal action and held liable to the appropriate authorities under the applicable laws.
- iv.You hereby acknowledge that We, Our owners, officers, directors, consultants, contributors, advertisers, affiliates, partners, employees, group companies, agents, representatives or subcontractors and/or any other associated entities or persons (collectively referred to as "Associated Entities") make no representations or warranties, express or implied, with respect to any content, information, features, software, data, system, functionality, statements and Services contained on this Platform for their accuracy, completeness, timeliness or otherwise. They are all provided on an "as is" and "as available" basis. We and/or Our Associated Entities hereby disclaim all warranties and conditions with regard to these content, information, features, software, data, system, functionality, statements and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability. You understand and accept that reliance on Our Services is solely at your own judgment and risk.
- v.You agree that, from time to time, We may suspend, modify, restrict or remove Our Services for uncertain or indefinite periods of time, or cancel the Services at any time, without notice to you.
- vi.We and/or Our Associated Entities shall, in no event, be liable to you for any direct, indirect, punitive, incidental, special, exemplary or consequential damages, which may be incurred by you, or hold you harmless for any claims and/or loss arising out of, or in any way connected with, the use of this Platform, or for any consequences arising out of information submitted by you, or on account of your inability to use this Platform, or for any content, information, features, software, data, system, functionality, statements and Services obtained through this Platform, or otherwise arising out of the use of this Platform, whether based on contract, tort, strict liability or otherwise.
- vii.We and/or Our Associated Entities shall, in no event (including technical failures), be liable to you for any financial damages arising out of using this Platform.
- viii.We and/or Our Associated Entities shall in no event be liable to you for any delay or failure by the concerned Service as provided to you.
Indemnification
- i.You agree to defend, indemnify and hold harmless Us and Our Associated Entities from and against any and all claims, damages, obligations, losses, liabilities, costs and/or expenses (including, but not limited to, attorneys' fees and costs) arising from:
- a.Your use of and access to the Platform;
- b.Your violation of any of the clauses of these Terms, the Privacy Policy and other applicable Policies;
- c.Your violation of any third-party right(s), including without limitation any copyright, property, or privacy right; and
- d.Any third-party actions relating to the access/use of the Platform or Our Services on your behalf, whether authorised or unauthorised; and/or
- e.Your violation of any applicable law(s).
Disclaimers / No Warranties
- i.You understand and expressly agree that your use of the Services is at your sole risk and that the Services are provided to you on an "as is" and "as available" basis.
- ii.Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device(s), or loss of data that results from the download of any such material.
- iii.We and/or Our Associated Entities do not represent or warrant to you that:
- a.The information on the Platform is accurate, complete and updated;
- b.Your use of the Services will meet your requirements;
- c.Your use of the Services will be uninterrupted, timely, secure or free from error;
- d.Any information obtained by you as a result of your use of the Services will be accurate or reliable; and
- e.That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
- iv.We shall not be liable for any damages of any kind arising from the use of the Platform or the Services or the contents including, without limitation, direct, indirect, consequential, punitive and exemplary damages, unless otherwise specified in writing.
- v.We may provide various tools or analysis on the Platform. Any output of such tools/analysis is only for informational purposes and should not be construed as investment advice as defined under the SEBI (Investment Advisers) Regulations. Information provided on the Platform is on a best-effort basis and should not be regarded as verified by Us for accuracy or completeness. We and/or Our Associated Entities do not guarantee any specific performance/returns and provide no guarantee to Users of, and do not assure Users of, any fixed returns, or a return on investment at all, or even a return of their principal investment. You should independently take your own investment decision to execute any transaction based on your risk profile, investment objective, financial status, etc. We assume no responsibility for the accuracy or otherwise of the output.
- vi.Investments in securities are subject to various risks including market-related risks. Users must read and understand all investment-related documents carefully before making a decision to invest. We advise our Users to obtain expert professional advice with regard to specific legal, tax and financial implications of any potential investment decision before investing.
- vii.We make no express or implied warranty with respect to the Platform or any service provided hereunder including, without limitation, any warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose.
Communications
- i.When you use the Platform or send emails or other data, information or communication to Us, you agree and understand that you are communicating with Us electronically, and you consent to receiving communications electronically from Us periodically, and as and when required.
- ii.We will communicate with you by email, by notices on the Platform, by electronic records on the Platform, or on your mobile number available in Our records, which will be deemed adequate service of notice. If the document/communication is sent by email, it shall be deemed to have been duly communicated and delivered to you. In addition, We may (but shall not be bound to) also publish notices of a general nature which are applicable to you on the Platform. Such notices shall have the same effect as a notice served individually to you. You may give notice to Us, in writing/by hand/email/post/other electronic means, at the address/email ID mentioned on the Platform.
- iii.Further, you hereby authorise and give consent to Us and Our third-party service providers to send you, from time to time, various information, alerts, SMS, messages, calls or commercial communications, and other such communications on your registered mobile number, whether or not your number is registered with the National Do Not Call Registry, or listed in the National Customer Preference Register. You also confirm that you are consenting to receive such communications, and you will not hold Us or Our third-party service providers liable, or institute any complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time.
Waiver
- i.The failure by Us to insist upon strict performance of any provision of these Terms shall in no way constitute a waiver of rights under these Terms.
Severability
- i.If any term, provision, covenant or condition of these Terms (or any portion thereof) is determined to be void, invalid, illegal or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired by such determination and shall remain binding upon both the Users and Us.
Survival
- i.Notwithstanding the termination or rescission of these Terms, the provisions of these Terms shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including Intellectual Property Rights, Confidentiality, Limitation of Liability and Damages, Indemnification, Disclaimers/No Warranties, Dispute Resolution, Governing Law and Jurisdiction. Further, any provisions of these Terms which by implication are to survive the termination of these Terms shall survive such termination. Termination of these Terms shall not abate the causes of action that have accrued to the parties prior to such termination.
Entire Agreement
- i.These Terms constitute the entire agreement between you and Us relating to the subject matter hereof, and no other agreement, either written or oral, exists between us. These Terms will not be modified except by a change to these Terms made by Us in accordance with these Terms.
- ii.These Terms, together with the Privacy Policy, the Disclosures, and any other Policies, notices, circulars, and information published by the Company on the Platform and/or shared with you, shall constitute the entire agreement between you and Us concerning the Platform and Services, and govern your use of the Platform, superseding any prior agreements between you and Us with respect to the Platform.
- iii.You acknowledge and represent that you have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in these Terms and other Policies.
Force Majeure
- i.If the performance of any Services or obligations under these Terms or any other provisions of the Policies, by Us or other third parties in the fulfilment of associated transactions, is prevented, restricted, delayed or interfered with on account of a Force Majeure Event (as defined below), then We, Our Associated Entities and/or associated third parties shall be excused from such performance to the extent of, and during the period of, such Force Majeure Event, and shall not be liable for such non-performance of Our obligations.
- ii.A "Force Majeure Event" shall mean any event, the cause of which is beyond Our reasonable control, including without limitation, unavailability of any communication systems, breach or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, earthquakes, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system, computer data, computer network and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corruptive code or program, mechanical or technical errors/failure or power shut down, breach of security and encryption (provided it is beyond Our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity, health emergency, epidemics/pandemics, etc.
Assignment or Transfer
- i.The rights and/or obligations granted to you under these Terms, including the right to use the Platform or the Services thereunder, are personal to you, and may not be transferred, assigned or sublicensed by you to any other person or entity. We reserve this right and, at Our sole and absolute discretion, may assign, in whole or in part, the rights and obligations under these Terms (or any part thereof) to any Associated Entity or to another entity in connection with a corporate transaction, or any other commercial arrangement, or otherwise. We may, at Our discretion, provide an intimation of such assignment to you, which will be binding on the parties to these Terms.
Further Assurance
- i.We and/or you shall perform such further acts and execute such further documents as may reasonably be necessary to carry out and give full effect to the provisions of these Terms, Our intentions and/or your intentions as reflected hereby.
Limitation
- i.Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Platform or these Terms must be filed within 3 (three) months from when such claim or cause of action arose, failing which it shall be forever barred.
Grievance Redressal Mechanism
- i.We are committed to resolving all grievances in a fair, effective and cost-efficient manner. You may raise your grievance by writing to Us at [LEVEL 1 SUPPORT EMAIL] ("Level 1 – [LEVEL 1 NAME]"). We will get back to you with a ticket number which can be used to track the status of your complaint. We will endeavour to resolve/close the complaint within a reasonable period of time from the receipt of the complaint. If you remain unsatisfied with the resolution provided at Level 1 – [LEVEL 1 NAME] Helpdesk, you may escalate the matter by emailing Us at [LEVEL 2 ESCALATION EMAIL] ("Level 2 – [LEVEL 2 NAME] Escalation"), along with your ticket number. We will endeavour to resolve/close the complaint within a reasonable period of time.
- ii.If you still remain unsatisfied with the resolution provided at Level 2 – [LEVEL 2 NAME] Escalation, you may escalate the matter by emailing the Investor Relations Officer ("IRO") along with your ticket number ("Level 3 – IRO"). Details of the IRO are provided below:
Name of the IRO: [IRO NAME]
Email ID: [IRO EMAIL]
Contact No.: [IRO CONTACT NUMBER]
The IRO will endeavour to resolve/close the complaint within a reasonable period of time.
Content in the Services
You understand that all information, reports, images, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes, maps, code, language and interactive features generated ("Content"), which has been provided to you on the Platform, are the sole responsibility of the Associate Company or third party who has provided such Content. We shall not be held responsible for any Content which you may find offensive or objectionable on any Associate Company or third-party website.
You acknowledge that We neither endorse the accuracy of the advertisements and promotional material presented to you on our Platform or as part of the Services by any third-party advertisers, nor do We own the intellectual property rights in respect of such material.
Restrictions
Access to the Platform and use of the Services shall always be subject to the following restrictions, failing which the Company may take any action it deems necessary at its sole discretion:
- i.You agree not to attempt to reverse-engineer, disseminate, copy, exploit, or represent yourself as an agent or reseller of the Platform and the Services, or any part thereof;
- ii.You agree not to misrepresent yourself as, or impersonate, any other person, or otherwise cause harm to any person;
- iii.You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, invasive, or unlawful content, including content which is objectionable or results in a breach of privacy of any other person;
- iv.You agree not to use or abuse the Platform for or in relation to any illegal or unlawful purposes including fraud, embezzlement or money laundering, etc.;
- v.You agree not to carry out or facilitate any actions which result in a detrimental effect on the Platform or the Services, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware or network of any other person or the Platform or the Services;
- vi.You agree that you are granted a non-exclusive licence for the purpose of enabling you to use and access our Platform and Services. Except with our prior written consent, you may not assign (or grant a sub-licence of) your rights to use the Service or otherwise transfer any part of your rights to use the Service;
- vii.You agree not to violate any applicable laws, whether or not intended by you;
- viii.You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Platform and the Services in accordance with these Terms;
- ix.You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, pornographic, pedophilic, invasive of another's privacy including bodily privacy, or unlawful content, including content which is harmful to children, objectionable or results in a breach of privacy of any other person, content which is insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force in India;
- x.You agree not to carry out or facilitate any actions which result in a detrimental effect on the Website or the Services or any related computer resource, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware or network of any other person or the Website or the Services;
- xi.You agree that you shall have no right to the intellectual property and any proprietary information made available or accessible through the Website or the Services;
- xii.You agree not to violate any applicable laws, whether or not intended by you;
- xiii.You represent and warrant that you possess the legal right and ability to enter into these terms and to use the Website and the Services in accordance with these terms;
User Obligations
- i.The User undertakes to:
- a.be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account;
- b.be responsible for all activities that occur under your account or password;
- c.take all necessary steps to ensure that the password is kept confidential and secure, and inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner;
- d.ensure that the details you provide Us with are true, correct and complete, and inform the Company immediately of any changes to the information that you provided when registering;
- e.not use the Service for any illegal purposes or for the violation of any law or statutory regulation, including, but not restricted to indulging in (i) any unfair, manipulative or fraudulent practices, in terms of the SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003; or (ii) any insider trading and/or communication of unpublished price sensitive information in terms of the SEBI (Prohibition of Insider Trading) Regulations, 2015;
- f.not copy, reproduce, recompile, decompile, assemble, disassemble, distribute, publish, display, modify or upload to, create derivative works from, transmit, or in any way exploit any part of the Service, except for downloading material from the Service for their own personal, non-commercial use;
- g.agree to receive periodic alerts and newsletters;
- h.ensure that you obtain all necessary rights to the content you post or share on the Platform;
- i.ensure that your activities on the Platform are not in violation of the SEBI (Investment Advisers) Regulations, 2013 and the SEBI (Research Analyst) Regulations, 2014 and any other applicable SEBI regulations. You agree that you will not provide any investment advice or research analyst services as set out in the aforementioned regulations;
- j.ensure that you engage only with SEBI-registered investment advisers or research analysts to avail investment advisory services or research analyst services.
Intellectual Property Rights
You acknowledge and agree that the Company, Associate Companies or their respective licensors own all legal rights, title and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services.
Unless you receive Our express authorisation in writing, you agree that in using the Services or accessing our Platform, you shall not use any trademark, service mark, trade name, or the logo of any company or organisation, in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
You further acknowledge that our Services may contain information that is designated as confidential by Us and that you shall not disclose such information without Our prior written consent.
Exclusion of Warranties
- i.The Company does not provide any warranty, express or implied, for the accuracy or completeness of the Platform or the Services, and expressly disclaims any liability for any errors or omissions.
- ii.The use of the Platform and the Services is at your own risk and consequence. In no event shall the Company be held liable for any damages or claims whatsoever in connection with any inaccuracy, error, failure, omission or delay, or otherwise.
- iii.Nothing in these Terms shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions, or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law.
- iv.We further do not represent or warrant to you that:
- a.Your use of our Platform and Services will meet your requirements;
- b.Your use of the Platform and Services will be uninterrupted, timely, secure or free from error, including specifically from server downtime;
- c.Any information obtained by you as a result of your use of the Platform and Services will be accurate or reliable.
- v.You agree that any material downloaded or otherwise obtained through the use of the Services and Platform is done at your own discretion and risk, and We shall not be liable for any damage to your computer system or other device, or loss of data, that results from the download of any such material.
- vi.No advice or information, whether oral or written, obtained by you from Us or from the use of Services shall create any warranty not expressly stated in these Terms.
- vii.We further expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Miscellaneous
- i.In order to provide the Services and access to the Platform, the Company may be required to create a user profile that may be linked to third-party platforms or an Associate Company's platforms, as may be necessary or requested by you, subject to verification. The registration of the user profile shall require the Company to retain certain User Data for providing a safe and efficient user experience.
- ii.The Company, the Associate Companies and their respective affiliates, subsidiaries, directors, employees, promoters and agents shall not be liable for:
- a.Any direct, indirect, incidental, special, consequential or exemplary loss or damage suffered by the User, however caused, and shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss, arising out of the use of, or inability to use or access, our Platform or Service, or any security breach or any virus, bug, unauthorised intervention, technical malfunctioning or defect, whether or not foreseeable and whether or not we have been advised of the possibility of such damage;
- b.Any loss or damage incurred by you owing to any temporary disablement or permanent discontinuance of our Platform or Services, and any deletion, corruption or failure to store any content or other communications maintained by your use of our Services; and
- c.Any loss or damage incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services.
- iii.You agree to indemnify and keep the Company, Associate Company, and their respective affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by such party related to any User Content posted or transmitted by the User during the use of the Platform or Service, or any unauthorised use of the Platform or Service in contravention of these Terms.
- iv.The Privacy Policy and the Associate Company Terms shall be read to form a part of these Terms.
- v.These Terms shall be governed by and under the laws of India and shall be subject to the exclusive jurisdiction of Bengaluru. Any failure or delay by the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that, regardless of any statutory period of limitation, any claim shall be filed within one (1) year after the relevant cause of action arose.
- vi.The Company shall be absolutely entitled to terminate your use of the Platform and the Services in the event of any breach of these Terms by you, or otherwise, any event which gives rise to any reason for the Company to discontinue the offering of the Platform or Services to you, without any notice or obligations whatsoever.
Acceptance
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