Terms of Service
By accessing either directly or through a hyperlink, the Website, and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy which sets forth how information collected about you is collected, used and stored. Please review these Terms regularly to remain informed of any changes. These Terms were last modified on 30-Dec-2022.
1) DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
a) Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Rahul Swami, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.
b) You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term "User" or "you" shall mean any natural or legal person who is accessing the Website. The term '"Your" shall be construed accordingly.
c) Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to You if You assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.
3) LICENSE TO USE WEBSITE
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to these Terms of Service. The Owner assumes no responsibility or liability for any misrepresentation of Your age. The Owner may provide You with certain information as a result of Your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the Website or Services ("Owner Materials"). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service.You agree not to collect contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.Any unauthorised use by you shall terminate the permission or license granted to you by the Website and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website.
4) Warranty and Liability Disclaimer
The Website is constantly endeavouring to improve the quality of Services provided to you. Due to this, the form and nature of Services provided may change from time to time without any prior notice to you. The Website reserves the right to introduce and initiate new features, functionalities, components to the Website and/or Services and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, the Website is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Website without any prior notice to you. The Website may also prescribe certain limits on the use of the Website and/or Services or storage of Content at its sole discretion without any prior notice to you while at all times complying with its Privacy Policy. The Website, all the materials and Services, included on or otherwise made available to you through this Website is provided by the Website “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, the Website does not warrant that:This Website and/or Services will be constantly available, or available at all;The information on this Website or provided through the Services is complete, true, accurate or not misleading; orThe quality of any products, services, information, or other material that you obtain through the Website or Services will meet your expectations.The Website, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Website makes no warranties about the accuracy, reliability, completeness, or timeliness of the Website, Content, Contributed Content, Services, software, text, graphics and links.The Website does not warrant that this Website; information, content, materials, or Services included on or otherwise made available to you through this Website; their servers; or electronic communication sent from by Website are free of viruses or other harmful components. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. All content published on the Website is only for your general information and educational purposes and is not intended to address your particular investment requirements. In particular, they are not meant to be tailor-made or customized solutions that specifically apply to you based on your risk profile. If you need personal advice, please consult with a qualified financial advisor before making your decisions.
5) Accuracy of Information
The information presented on this Website has been compiled by the Website from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Website may contain typographical errors, incomplete or out of date information. The Website reserves the right to make changes to the Content, Contributed Content and information on this Website, or to the services described therein, or update such information at any time without notice, but the Website makes no commitment to correct or update this information.
6) PRIVACY INFORMATION
a) Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorise the Owner to use Your information in India and any other country where We may operate. If You choose to terminate Your account, the Owner may store some information about You for future reference.
b) The Website relies on third-party software for its functioning. Please note that the Website and the Owner have no control over any of the third-party software used for the functioning of this Website. We encourage you to check their privacy policy from time to time. You agree to indemnify and hold harmless this Website and the Owner from any adverse consequences that may arise from the breach of your personal information because of lapses on the part of third-party software, including but not limited to those named above.
7) DATA LOSS
The Owner does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
8) SPAM POLICY
You are strictly prohibited from using the Website or any of the Owner's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
9) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
10) MODIFICATION & VARIATION
The Owner may, from time to time and at any time without notice to You, modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.
a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms of Service. You agree that Your continued use of the Website after any modifications to these Terms of Service is a manifestation of Your continued assent to these Terms of Service.
c) In the event that You fail to monitor any modifications to or variations of these Terms of Service, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
11) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
b) JURISDICTION, VENUE & GOVERNING LAW:Through Your use of the Website or Services, You agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between You and the Owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Pune, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should these Terms of Service, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Owner, the rights and liabilities of the Owner will bind and inure to any assignees, administrators, successors and executors.
d) SEVERABILITY:If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service shall continue in full force.
e) NO WAIVER: In the event that We fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
f) HEADINGS FOR CONVENIENCE ONLY:Headings of parts and sub-parts under these Terms of Service are for convenience and organisation, only. Headings shall not affect the meaning of any provisions of these Terms of Service.
g) NO AGENCY, PARTNERSHIP OR JOINT VENTURE:No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.
h) FORCE MAJEURE:The Owner is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.