TERMS & CONDITIONS OF WWW.THEFIXEDINCOME.COM PLATFORM
Welcome to our Website. These terms and conditions apply to the access and use of the Website ________________ and its Mobile Application________ (collectively be referred to as Platform), which is managed and operated by Techwealth Capital Services Private Limited, a company incorporated under the Companies Act, 2013 having its Registered Office at 3rd Floor, Sheraton House, opposite Ketav Petrol Pump, Polytechnic road, Ambawadi, Ahmedabad 380015 (hereinafter referred to as "the Company"). The Company is in the business of enabling users to make investments in financial instruments as offered by the Company on the platform either (i) by acting as an intermediary through financial institutions and the users; or (ii) by enabling the user to make an investment in a financial instrument directly with the Company. (Here in after referred to as our “Services”). The Company can be contacted through mail at email@example.com
We have entered in to Technology Service Agreement with Tipsons Financial Services Private Limited, a company incorporated under the Companies Act 1956 having its Registered Office at 401, Sheraton House, opposite Ketav Petrol Pump, Polytechnic road, Ambawadi, Ahmedabad 380015 for outsourcing this platform for providing the financial services and solutions to their clients. Hence all this terms and conditions enumerated below will be applicable to all those accessing and using this platform.
This document is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of Platform.
Acceptance of Terms and Conditions
By using the Service and the Content, you agree to follow and be bound by these Terms and Conditions, including the policies referred herein.
The below enumerated terms shall have the following meanings:
- a. “Applicable Law(s)” means any laws, statutes, rules, regulations, orders, circulars, decrees, directives, judgments, decisions or other similar mandates of central, state or local governmental authority having competent jurisdiction in the territory of India; or laws application to the Party or subject matter in question.
- c. Intellectual Property” / “Intellectual Property Rights” means all current and future copyright, patents, trademarks (whether or not registered) or any other rights in databases, computer program, source code, process inventions or trade secrets, know-how, rights in designs, topographies, trade and business names, domain names, logo and all other intellectual and property rights and applications for any of those rights (where such applications can be made) capable of protection under the Applicable Laws for the time being in force.
- d. “Services” shall mean Services of every description as available on the Platform for Users (including potential users).
- e. “Users” shall mean the person(s) accessing/ visiting/ using this Platform.
- f. “Vendor” shall mean the entities empanelled with the Company to display their products/ offerings and educative initiatives etc. on this Platform.
- a. The use of terms “We”, “Our”, or “Us” in this Document refers to the Company along with its representatives and this Platform.
- b. The use of terms “You”, “Your”, “User” or “Visitor” in this Document refers to the Users accessing/visiting/using this Platform.
- c. “Comments” are all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered relating to our Services.
- d. Where the Platform may allow the User to initiate transactions in some or all of the financial instruments, it will be referred to as “Transaction Services”.
3. BOND INFORMATION
- a. All information available on platform is to the best of our knowledge. We do not guarantee accuracy of the bond information provided on our platform. Please bring it to our notice if there is any discrepancy in information provided on our platform.
- b. All information regarding security offers (rate levels) are indicative only and not in binding nature for the Company. Your order will be confirmed based on availability of stock and prevailing market level (level on platform will improve if market level is improved), which may differ from original offer reflected on application/web.
- c. Any information or data available on our Platform may contain inaccuracies and/or typographical errors. The Company does not warrant that the Platform or functions thereof will be uninterrupted or free of any error or defect or that information on the Platform will satisfy any intended purpose or requirement of the User.
4. USER REGISTRATION AND REPRESENTATION
- a. You agree that, in order to use the Services, you will need to successfully complete the registration process on the Platform and to provide any information requested by you in the completion of such registration truthfully and with accuracy.
- b. You agree that some or all of the Services shall not be made available to you until you are logged in to the Platform.
- c. You agree that if, upon completion of registration or at any time subsequently, you are prompted to change any of your identification details, you shall do so immediately without delay and that the Company shall not be held liable for any loss caused due to a failure on your part to modify login details as and when prompted to do so.
- d. You agree that all information submitted by you to complete your registration and login to the Platform is true to the best of your knowledge.
- f. You are solely responsible to maintain the confidentiality of all the details provided by you to complete the registration and login process, including the login credentials that you will need to access your account on the Platform and any information that you may provide that the Company may use to corroborate or retrieve your login credentials (“Login Credentials”). You are also solely responsible for maintaining the confidentiality of all information that may be required by you to access any of the Services on the Platform without the requirement of logging into the Platform including personal details. You will inform the Company through the contact details provided below or in the “Contact Us” link of the Platform immediately in the event when your login credentials are compromised in any manner. The Company is not liable in any manner for any losses caused to you due to any action undertaken by you which compromise’s your Login Credentials.
- g. By providing us with your email address and mobile number, you agree to receive all required notices and information electronically, to that email address or mobile number. It is your responsibility to update any changes to your email address and mobile number. The Company shall not be liable for any unauthorized use or access.
- h. In consideration of your use of the Platform, you represent that you are of legal age to enter into binding contract and not debarred from entering capital/ securities market transactions under the Applicable Laws.
- i. In addition to the above, you also agree to provide true, accurate, current, and complete information about yourself as prompted on the Platform, as and when required. In an event of the User providing untrue, inaccurate, outdated or incomplete (or becomes untrue, inaccurate, not current or incomplete) information, we reserve the right to suspend or terminate your account and refuse any and/or all ongoing or future use of the Platform (or any portion thereof). We strongly recommend that you must exit from your account at the end of each session.
The Company seeks to offer you information, transaction facilitation services or transaction services for investing in financial instruments either directly or indirectly from the third parties registered on the Platform. To this end, the Company may offer through the Platform, services relating to:
- a. Viewing of your login details and registration details, and the ability to edit some details.
- b. The ability to view financial and other information pertaining to any financial instruments that may be made available by the Company through the Platform.
- c. The ability to request and review information relating to transactions made by you regarding any of the financial instruments.
- d. The delivery of flash messages, notifications and other information that the Company may deem important and pertinent to you in the use of the Services.
- e. The ability to create new transactions for investment in any financial instruments.
- f. The ability to convey communications to the Company and the third parties registered on the Platform.
- g. The ability to save an electronic/scanned copy of your signature for ease in completing transactions and for affixing it every time a transaction is required to be completed by you. E-signature will be stored in our servers.
- h. You agree that the Company may withdraw or temporarily suspend any of the Services without notice and without any obligation to provide reason for the same, or may withdraw all services relating to a particular third-party financial institution without any obligation to provide reasons for the same.
- i. You agree that some of the Services may not be made available across all platforms of the Company, such that some of the Services may be accessible on the Website but not on the Application or vice versa, and that it is the Company’s sole discretion as to which services shall be made available on which platform.
- j. You agree that, at the Company’s discretion, Services that may be made available on some operating systems may not be made available on others for reasons of security, compatibility and inter-operability.
- k. You agree that the Company reserves the right to update the Platform at any time in the interests of security, compatibility and inter-operability and that your access to the Services may be subject to the approval and successful implementation of such updates.
- l. You agree that the Company reserves the right to withhold access to certain services across one or all the platforms depending on the nature and category of account held by you.
- m. You acknowledge that the terms of agreement with your respective mobile network provider or internet service provider will continue to apply when using the Platform. As a result, you may be charged by the mobile network provider or internet service provider for access to network connection services for the duration of the connection while accessing the Platform. You have to accept responsibility for any such charges that may arise. The company will not be liable for such charges.
6. REPRESENTATIONS AND WARRANTIES
- a. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities. Further, the Company shall not be held responsible for non-availability of the Platform at any point in time for any reason whatsoever.
- b. The development of the Platform with respect to the nature of the information or data available on the Platform is a continuous and on-going process. The Company disclaims all liability and/or responsibility for loss of any information or data, or any consequence, intended or unintended, due to the operation of the Platform. Information or data available on the Platform may not be current or up to date for any purpose.
- c. We do not warrant that the functions contained, information and materials on the Platform, including, without limitation, any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information, and materials available are free of viruses or other harmful components.
- d. You represent and warrant to the Company that you shall comply with the applicable provisions and clauses specified by SEBI / Regulators with respect to the participation in capital market, as amended and re-enacted from time to time or any other applicable regulations and/or guidelines or directives or statutes.
- e. You agree to comply with relevant Know Your Client norms or other information disclosure norms as laid down by SEBI or any other governmental body and as amended from time to time (“KYC”). The Investor agrees that the Company has the right to reject a transaction in case of failure to comply with KYC norms. The onus of conducting and adhering to the KYC norms is on the Investor and the Investor will ensure to co-operate in the provision of true and accurate details in any verification process that may be required from time to time.
- f. Your use of the Platform is solely for your personal and non-commercial use. Any use of the Platform or its content other than for personal purposes is strictly prohibited. You will ensure that you are accessing the most recent version of the Platform in order to access any of the features provided on the Platform.
- g. You agree that the information, content and materials on this Platform are provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, promoters, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose with respect to the results obtained, and non-infringement.
7. RESTRICTIONS FOR USE OF PLATFORM
- a. All use by you of the Platform shall be for your own personal purposes only. You will not modify any content of the Platform.
- b. You will not decompile, reverse engineer, or disassemble the content or the Platform or any portion thereof
- c. You will not remove any copyright, trademark registration, or other proprietary notices from the Platform. You further agree not to access or use this Platform in any manner that may be harmful to the operation of the Platform or its content.
- d. You will not use the Services available on the Platform for commercial purposes of any kind and
- e. You will not use the Platform in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.
- f. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
- g. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling” and “phishing” as those terms are commonly understood and used on the Internet.
- h. You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- i. The Company cannot and will not assure that other users will be complying with the foregoing rules or any other provisions of these terms & conditions, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
- k. The Company does not warrant that the functions contained in content, information and materials on the Platform, including, without limitation to any third party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
- l. Any material downloaded or otherwise obtained and accessed through the Platform are at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system, laptop, mobile phone, smart phone, tablet or any device that you may use to access the Platform.
- m. Any transaction in financial securities shall be subject to fluctuations and risks including market risks are not within the control of the Company and the Company shall not be responsible for any losses incurred by you. You are attributable directly or indirectly to such market risks. The Company does not guarantee any return on investment in the financial securities and the past performance / past track records of any financial instruments offered on the Platform does not guarantee future results or returns to you.
- n. The rating of any financial instruments may change prior to or subsequent to our investment and the Company is not responsible for any losses arising to you out of such change in rating. You agree that any investment undertaken by you on the Platform has been undertaken after exercising due care, caution and diligence and after understanding the nature and the underlying risk attached to such security by reading the relevant documents in relation to the investment in the financial instruments.
- o. You agree and acknowledge that if you invest in financial instruments offered by third party service providers, the Company plays a role of an intermediary platform connecting you with third party service providers offering financial instruments on the Platform. If you choose to invest directly in financial instruments offered by the Company, you agree to do so after making your own assessment of the financial instruments offered and the Company is not liable for any losses arising to you, directly or indirectly out of your investment. The Company does not in any manner guarantee the performance of the financial instruments including the payment of principal or coupon rates on the subscribed financial instruments.
- p. The company does not prepare, edit, or endorse Third Party Content. The company does not guarantee the accuracy, timeliness, completeness or usefulness of Third-Party Content, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites.
- q. You understand and agree that the Company reserves the right, in the event you breach these Terms & Conditions stipulated herein, to suspend and / or terminate your access to the Platform with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Platform. Upon suspension or termination, your right to access the Platform shall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information.
- r. The Company does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Platform, are actually the terms that may be offered to you, if you pursue the offer, or that they are the best terms or lowest rates available in the market. You also agree and understand that data feeds, prices, rates and other similar market value information about any product or asset or property or securities or account information could be based on delayed feeds and these data or information may not reflect the real time values/actual rates.
8. BLOGS AND MATERIALS
- a. News and Blogs Section of this Platform may contain articles, analysis, research report and reviews etc. (“Document”) that have been sourced from the various Vendors/ Authors empanelled with the Company. The sources of all such Document have been named and clearly indicated at appropriate places. Except for publishing rights that have been expressly granted to the Company by the respective Vendors/ Authors, the Company does not claim any other rights in such Documents, including copyrights and other intellectual property rights. Such articles have been published on the Platform for information purposes only and the Company disclaims all liability in connection therewith.
9. TRANSACTION CARRIED OUT ON THIS PLATFORM
- a. You agree that, prior to using any Transaction Services made available on this Platform, you have read and understood the terms and contents of the offer documents, terms of issue, scheme information documents, statements of additional information, if any, including schemes of the third-party service provider relating to the financial product where you intend to invest. You shall ensure that all investment and disinvestment decisions are based on your own evaluation of financial circumstances and investment objectives. This extends to any decisions made by you based on any information that may be made available on this Platform.
- b. You shall neither hold nor seek to hold the Platform, the Vendor(s), third party service provider(s), facilitating agency(ies) or any of their officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates liable for any losses, damages, liability, costs, expenses incurred by you, as a result of relying upon investment information, research opinions or advice or any other material/information whatsoever on the Platform, literature, brochure available on the Platform. The User may seek independent professional advice regarding the suitability of any investment decisions.
- c. You acknowledge that the information provided through the Platform in the form of research material solely for the purpose of knowledge creation of the User and any such information may not be considered as an advice.
- d. You acknowledge that this Platform acts as a referral party only. The financial transaction will be initiated and consummated between the User (you) with the Vendor(s)/ issuers of the securities. All financial transactions initiated on this Platform shall be concluded/ settled as per the applicable regulatory framework between you and the Vendor. The Platform shall not be liable/ responsible in any manner whatsoever for the settlement / execution/ conclusion or consummation of transactions.
- e. You acknowledge that all financial transactions conducted by you using the Platform are conducted through a third party payment gateway (“Payment Gateway”) and your bank ( or financial service provider) and that the Company shall not be held responsible for any irregularity or failure in the completion of the Transaction Services attributable to the Payment Gateway or the Bank.
10. EXECUTION OF TRANSACTION (SETTLEMENT), LEAD GENERATION AND REQUEST FOR QUOTE:
- a. The transaction(s) may also get rejected/ may not be consummated due to non- fulfilment of pay-in (funds and securities) obligation by Parties to the deal. The Platform shall not be responsible for settlement/ reporting obligations at any point in time.
- b. You understand that there is no implied guarantee/ warrantee that any transaction in which any interest is shown by the User shall mandatorily materialise. We and/ or the Vendor shall not be responsible in case of decline/ rejection/non- happening of the deal for which interest is indicated through Platform for any reasons.
- c. The User understands that there could be delay in transmitting any request/ inclination/ interest to the Vendor/ Counter Party, due to technical and/or non-technical reasons. The User shall not hold the Company responsible for any losses suffered on account of such delay(s).
- d. The Platform reserves the right, at its sole discretion to reject/ to put on hold the interest/ inclination shown by the User (Lead) using this Platform due to technical glitches, incomplete/inchoate registration documents, suspicious activities from the account etc.
- e. You are required to note, understand and acknowledge that transmission of data using electronic systems is vulnerable to temporary disruptions, breakdowns or failures. The Platform does not accept responsibility for any losses incurred / that may be incurred by the User due to such eventualities which are beyond the control of the Platform.
11. REFERRALS AND REWARDS
- a. Referrer and Referee needs to have registered with complete KYC on the portal to be eligible to refer.
- b. Referrer needs to apprise the platform before referee enrols on the Platform either by apprising their respective relationship Manager with the details of the referee or by sending email on firstname.lastname@example.org.
- c. The referee must be the new user not registered earlier with the portal.
- d. The referee mandatorily needs to do transactions in the secondary market instruments to be entitled for the referral program.
- e. Once all the documents including id’s proof has been submitted to portal subject to email ids should be verified with the platform then only rewards will be paid after the expiry of 30days from the date of submission.
- f. Referral earnings will be awarded in the form of Gift Vouchers and it will depend upon the lot of the investment done by the referee.
- g. Referrer will receive their Gift Voucher within the 30 days after settling of the transactions from the referee side.
- h. Fixed Income reserves the rights to revoke of the referral program as at any time as deem fit without assigning any reasons or without any prior intimation whatsoever to you. In case of any dispute, the Company's decision shall be binding on you.
- i. The Company reserves its absolute right at any time to add, alter, withdraw, modify or change or vary any or all the Referral Terms at its sole discretion and the same shall be binding on the Clients at all times. The Referral amounts shall be subject to force majeure events and on occurrence of such event(s), the Referral amounts may be withdrawn at the discretion of the Company.
- j. The value of the Referral amount will be as per the Company’s Referral Program active at the time of referee signup. However, it is clarified that the Company reserves the right to exercise discretion with regard to issuance of Referral amount so as to combat fraudulent transactions.
- k. Any taxes, cess, liabilities or charges payable to the Government or any other authority or body, if any, shall be borne directly by the Referees.
- l. Once the Voucher has been delivered to the referrer, Company shall not be responsible for expiry and referrer is expected to check voucher expiry related details.
- m. The Referral amounts shall not be clubbed with any other program/offer of the Company.
- n. Referral amounts cannot be used for any previous orders.
- o. The Referral Program is meant to reward our privileged and loyal clients and is not meant for sharing the Referral Code on any communication medium, including, but not limited to, print, digital or electronic means, websites, or any means for any purpose whatsoever.
12. COMMUNICATION FORUMS:
- a. If this Platform contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
- i. Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- ii. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
- iii. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- iv. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- v. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
13. INTELLECTUAL PROPERTY RIGHTS
- a. You acknowledge that Company owns all legal right, title and interest including any intellectual property rights of the Platform (whether those rights are registered or not) including its "look and feel" (e.g. text, graphics, images, logos and button icons). The User has limited right to view and avail the Services of the Platform. Any unauthorized use by the User shall terminate the permission granted to view/ use the Platform and may make you (User) liable for damages/ losses.
- b. Visitors or Users may view, print copies and download the information for personal, non-commercial or educational purpose without in any way amending, altering, deleting or modifying any part of the information, and with due acknowledgement that the information originated from this Platform. Information may be used for commercial purpose after obtaining prior permission of the Company. Users must inform third party (with whom document/ information is shared) that material shall not be copied or reproduced in any way.
- c. The trademarks, logos, brand-names, service marks (“marks”) not owned by or on behalf of the Company and that are displayed on this Platform are the registered and unregistered marks of their respective owners. No rights are granted by Platform to use such marks, whether by implication, estoppel, or otherwise.
14. THIRD PARTY DATA:
- a. You may note that certain data/documents and information as published/ made available on the Platform are sourced from various third parties, viz. Vendor(s) / service providers/ facilitating agent(s) etc (“Information Provider”).
- b. Information Provider disclaims any and all liability that may arise on account of use of the information/ documents so contributed/ shared by them on this Platform, directly and/or indirectly.
- c. Although due care has been exercised to verify the accuracy of the information available on this Portal, the Company assumes no responsibility for accuracy, completeness or correctness of the data
- d. The Platform does not influence or solicit in any manner the buyers for specific sellers or any security, financial instrument or bonds or vice versa.
- e. The Company does not represent or endorse the accuracy or reliability of any of the advertisements (collectively), i.e., links, downloads, distributions or other information accessed directly or indirectly from host advertisements contained on this Platform nor the quality of any products, information or other materials displayed, purchased or obtained by any person, as a result of an advertisement or any other information or offer in connection with the service or products. The Company shall not be responsible for any errors or omissions contained in any advertisement published on this Platform.
15. EXPLICIT PROHIBITION AND RESTRICTIONS
You are prohibited from posting or transmitting to or from this Platform:
- a. Any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate Applicable Law;
- b. use of any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Platform, or any portion of the Platform.
- c. Any material or content that infringes, misappropriates, or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform.
- b. You shall not sue or otherwise make or present any demand or claim, and irrevocably, unconditionally and entirely release, waive and forever discharge the Company, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter "Release"), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) ("Losses"), whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Release with respect to the Services.
- c. Neither the Company nor the Services are intended to provide any legal, tax or financial or securities related advice. You agree and understand that the Company is not and shall never be construed as a financial planner, financial intermediary, investment advisor, broker or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and is broad and general in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your advisor or other financial advisers who are fully aware of your individual circumstances. The Company shall not be liable if any transaction does not fructify, or may not be completed, or for any failure on the part of the Company to perform any of its obligations under these terms and conditions, or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event. In such a case, its obligations shall be suspended for so long as the Force Majeure event continues. A Force Majeure event shall mean events which are beyond the Company’s reasonable control including, without limitation, acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the Company.
- d. The Company and its service providers make no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and (v) any errors in the technology will be corrected. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Company or its service providers or through or from the Company or its service providers, will create any warranty not expressly stated in these terms.
17. LIMITATION OF LIABILITY
- a. In no event shall the Company, its affiliates, and their respective officers, owners, directors, employees and agents, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable resulting from:
- i. The use of or the inability to use the Platform;
- ii. Errors, defects, omissions, delays in operation or transmission, or any other failure of performance of this Platform or any of the services availed;
- iii. Unauthorized access to or alteration of your transmissions or data;
- iv. Statements or conduct of any third party on the Platform;
- v. Inaccuracies, incompleteness, errors appearing in the information, documents and materials shared on this Platform.
- vi. Any other matter incidental to the Platform.
- b. If you are discontented with the use of this Platform, or any of the information contained thereon, or refuse to abide by the terms and conditions stipulated; then the sole and exclusive remedy for you is to discontinue the use of this Platform;
- c. Notwithstanding the above, if the Company is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of the Company shall be restricted to, in the aggregate, any Service/referral fees earned by the Company in connection with transaction(s)/ Services in relation to which liability has arisen, if applicable.
18. ADDITIONAL TERMS AND CONDITIONS
- b. Your continued use of the Services constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. If you do not agree to the changes, you may please discontinue your use of the services and ancillary Services. We reserve the right to discontinue or suspend, temporarily or permanently the access of this Platform, at any point of time without giving notice or reasons for the same.
- c. We are under no obligation to monitor the communication transmitted using this Platform. However, we reserve the right to review information posted/ selected/ transmitted at our sole discretion.
19. FORM OF COMMUNICATION
Documents sent by electronic means viz. by electronic e-mail (including any auto replies from the system), an electronic mail attachment, or in the form of an available download option from the Platform shall deemed to have fulfilled any obligation (legal or otherwise) to deliver such document.
Any failure of the Company to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.
21. FORCE MAJEURE
The Company, its affiliates, and their respective officers, owners, directors, employees, agents, consultants, or contractors and service providers shall be relieved of all responsibilities/ obligations, in the event of failure of performance is resulting directly or indirectly due to act of Force Majeure or causes beyond our reasonable control.
You further acknowledge and agree that neither we, nor any of the foregoing entities are responsible or liable for (a) any incompatibility between the Platform and any other platform, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the Platform in an accurate or timely manner.
22. GOVERNING LAW AND ARBITARTION FORUM
- a. The Platform, Services, all your transactions through the Platform, and our relationship shall be governed by the laws of India.
- b. Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Company and You, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. The Place of Arbitration shall be Ahmedabad.
23. TERMINATION OF USE
You agree that the Company may, at its sole discretion, suspend or terminate your access to all or any part of Platform without prior notice and without assigning any reasons.
In the event any provision or part of this Document is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Document, will be inoperative.
25. SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any provisions of this Terms, or any general legal principles to the contrary, any provision of these Terms that impose or contemplate continuing obligations on a party will survive the expiration or termination of the relationship between the Parties, viz. Platform and User.
- a. Our Portal contains links to third party websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to read the privacy policies or statements of the other websites you visit.
- b. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version.
27. CONTACT US
If you have any concerns, complaints or grievances about the terms or other users or their manner of use of the platform, please feel free to contact any time on email@example.com