Terms of Use

Terms of Use

These terms of use (“Terms of Use”) constitute a legal agreement between you, the user (“User”, “You” or “Your”, which terms shall include the persons that access, use, and/or participate in the Platform in any manner), and Appreciate Platform Private Limited (“We”, “Us” or “Company”), the owner of website located at www.appreciatewealth.com (“Website”) and Appreciate mobile application available on Apple AppStore and Google Play Store (“App”). Where the context so requires, the Website and the App shall be collectively referred to as the “Platform”.

The Company has established a privacy policy available at www.appreciatewealth.com (“Privacy Policy”) that explains to the User how their information is collected and used. The Privacy Policy is referenced below and is hereby incorporated into the Terms of Use set forth herein. Your use of the Platform is governed also by the Privacy Policy. You hereby also acknowledge that any specific product or service availed by You on the Platform may have their own additional or supplemental terms and conditions and unequivocally consent to comply with and abide by such additional or supplemental terms and conditions.

These Terms of Use, read with the Privacy Policy, shall be treated as an electronic record under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic records under various Indian statutes and is enforceable against You under law by way of Your acceptance hereof. The Company reserves the right to change, modify, amend or update these Terms of Use and any other documents incorporated by reference herein at its sole discretion for complying with the extant legal and regulatory framework and for other legitimate business purposes at any time and the Company will post the amended Terms of Use with or without any notification to You on the Platform. It is Your responsibility to review the Terms of Use for any changes and You are encouraged to check the Terms of Use frequently. Your use of the Platform following any amendment of the Terms of Use will signify Your assent to and acceptance of any revised Terms of Use. Your usage of the Platform and availing of any Services provided by the Company on the Platform, shall be deemed acceptance to these Terms of Use (as may be changed, modified, amended or updated from time to time).

1. Eligibility

  1. 1.1

    You must be 18 years of age or older to visit or use the Platform in any manner. By visiting the Platform or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Platform in a manner consistent with any and all applicable laws and regulations in addition to these Terms.

  2. 1.2

    You represent, acknowledge and agree that: (a) all registration information that You submit is truthful, current, complete and accurate, (b) You will maintain the currency, completeness and accuracy of such information, and (c) Your use of the Platform and the Services offered through the Platform do not violate any applicable law or regulation applicable either to You, the Platform or the Company. Your User Account may be terminated without warning if We,at Our discretion, believe that You are under the age of 18 or that You are not complying with any applicable laws, rules or regulations or these Terms of Use.

2. Description of Services

  1. 2.1

    The Platform is a financial intermediary which facilitates investment transactions between individuals and third-party financial services providers. The services available on the Platform include, investment advisory, purchase and sale of marketable securities listed in global stock exchanges and enabling transactions of the Users through banking channels etc. (“Services”). We may at any time modify, alter, amend, increase or decrease the scope of Services.

3. Acceptance of Terms

  1. 3.1

    These Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation in the Platform, including advertisements, third party applications and internet links, and all content and Services available through the Platform. These Terms of Use shall also govern the financial transactions between the Users of the Platform. The Terms of Use described below incorporate the Privacy Policy and apply to all Users of the Platform.

  2. 3.2

    In addition to the Terms of Use, which governs Your access and use of the Platform, Your access to, use of, and participation in the Platform is subject to all applicable regulations, guidelines and additional policies that the Company may set forth from time to time, including without limitation, any product specific policy and any other restrictions or limitations that the Company publishes on the Platform (the “Additional Policies”). You hereby agree to comply with the Additional Policies and Your obligations thereunder at all times. You hereby acknowledge and agree that if You fail to adhere to any of the terms and conditions of these Terms of Use or the documents referenced herein, including any Additional Policies, the Company, in its sole discretion, may terminate Your User Account at any time without prior notice to You as well as initiate appropriate legal proceedings, if necessary.

4. License to Use

  1. 4.1

    The Company hereby grants You a non-exclusive, revocable, limited license to use the Platform in the manner and on the terms and conditions as set forth in these Terms of Use; provided, however, that (i) You will not copy, distribute, or make derivative works of the Platform in any medium without the Company’s prior written consent; (ii) You will not alter or modify any part of the Platform other than as permitted and as may be reasonably necessary to use the Platform for its intended purposes; and (iii) You will at all times act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

5. User Account

  1. 5.1

    You need not register with the Company to simply visit and view the Platform, but to access and avail Services of the Platform, You will need to create a password-protected user account (“User Account”). To create a User Account, You must submit Your name, email address and such other details as may be requested through the User Account registration page on the Platform and create a password. You are solely responsible for safeguarding Your password on the Platform and, if applicable, Your password on the third-party sites linked to the Platform (collectively, "Password/s") and You shall keep Your Passwords secure at all times.

  2. 5.2

    You can, and are advised to, change Your passwords from time to time in order to keep Your User Account and Your interactions secured within the Platform. You shall be solely responsible for all activities that occur on Your User Account and You shall notify the Company immediately of any breach of security or any unauthorized use of Your User Account. Similarly, You shall never use another's User Account without the Company’s permission. You agree that You will not misrepresent Yourself or represent Yourself as another User of the Platform and/or the Services offered through the Platform.

  3. 5.3

    You hereby expressly acknowledge and agree that You (and not the Company) will be liable for Your losses, damages etc., (whether direct or indirect) caused by an unauthorized use of Your User Account. Notwithstanding the foregoing, You may be liable for the losses of the Company or others due to such unauthorized use and We will not be responsible for misuse of Your User Account by any third party, whether authorized by You or not.

  4. 5.4

    Account Policies:
    You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):

  5. 5.4.1

    You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers” etc., to access the Platform, for any purpose, without the Company’s prior written approval.

  6. 5.4.2

    You shall not in any manual or automated manner collect information, personal or otherwise, of any other User on the Platform including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text or content, or otherwise misuse or misappropriate the Platform’s information or content, including but not limited to, use on a “mirrored”, competitive, or Third Party Website, except with the prior written consent of the Company or through a lawful and valid communication with such other User through any valid communication channel provided on the Platform. You shall not take any action that (i) unreasonably encumbers or, in the Company’s sole view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses the Company’s measures that are used to prevent or restrict access to the Platform.

  7. 5.4.3

    You shall not frame or hotlink or deep link any contents from the Platform.

  8. 5.4.4

    You shall not take any action that (i) unreasonably encumbers or, in the Company’s sole view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses the Company’s measures that are used to prevent or restrict access to the Platform.

  9. 5.4.5

    You agree neither to collect or harvest any personally identifiable data, including without limitation, names or other User Account information, from the Platform, nor to use the communication systems provided by the Platform for any use other than as intended under the Platform and in accordance with the Privacy Policy.

6. Limitation of Liability

You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):

  1. 6.1

    In no event will the Company, its directors, employees, agents, associates, partners or suppliers be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including loss of profit or loss of revenue, even if the Company has been advised of the possibility of such damages. Further, it is hereby clarified that in no event will the Company, its directors, employees, agents, associates, partners, or suppliers, be held liable for the disclosure of any of the User’s information to any third party as long as such disclosure is in compliance with Clause 9 of the Terms of Use.

  2. 6.2

    YYou hereby expressly acknowledge and agree that You (and not the Company) will be liable for Your losses, damages, costs, etc. (whether direct or indirect) caused by an unauthorized use of Your User Account. Notwithstanding the foregoing, You may be liable for the losses of the Company or others due to such unauthorized use and We will not be responsible for misuse of Your User Account by any third party, whether authorized by You or not. In no event shall the Company be individually liable to You for any damages for breach of fiduciary duty by third-parties.

  3. 6.3

    In the event the Company is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Platform, the Company’s liability shall in no event exceed the total value of any service fees connected with Your User Account paid in the 3 (three) months prior to the date of the initial claim made against the Company.

7. Account Policies

You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):

  1. 7.1

    You shall not use any automated system, including but not limited to, ‘robots’, ‘spiders’, ‘offline readers’, ‘scrapers’ etc., to access the Platform, for any purpose, without the Company’s prior written approval.

  2. 7.2

    You shall not in any manual or automated manner collect information, personal or otherwise, of any other User on the Platform including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text or content, or otherwise misuse or misappropriate the Platform’s information or content, including but not limited to, use on a ‘mirrored’, competitive, or third party website, except with the prior written consent of the Company or through a lawful and valid communication with such other User through any valid communication channel provided on the Platform. You shall not take any action that: (i) unreasonably encumbers or, in the Company’s sole view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses the Company’s measures that are used to prevent or restrict access to the Platform.

  3. 7.3

    You shall not frame or hotlink or deep link any contents from the Platform.

  4. 7.4

    You shall not take any action that: (i) unreasonably encumbers or, in the Company’s sole view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses the Company’s measures that are used to prevent or restrict access to the Platform.

  5. 7.5

    You agree to neither collect nor harvest any personally identifiable data, including without limitation, names or other User Account information, from the Platform, nor to use the communication systems provided by the Platform for any use other than as intended under the Platform and in accordance with the Privacy Policy.

  6. 7.6

    You agree that the opening and maintenance of Your account on the Platform will be subject to the rules and regulations prescribed by the Reserve Bank of India, Securities Exchange Board of India and any other regulatory authority.

  7. 7.7

    You agree to receive all updates and alerts via messages or notifications to your registered mobile number and email address. The delivery of such updates and alerts will be done by the Company on a best-effort basis through its official channels.

  8. 7.8

    You understand and agree to pay to the Company such fees as may be applicable from time to time for using the Platform and availing its services. These fees shall be revised on the basis of factors including the prevalent market conditions and such revisions shall be displayed within the ‘price transparency’ section of the Platform. You acknowledge that that the Platform may engage third-party entities to provide the User with information regarding the features and services provided by the Platform, assist the User with their on-boarding process and provide additional enhanced support at the option of the User. You hereby agree that additional fees may be charged (as set out in the ‘price transparency’ section) for availing such enhanced support services from third-party entities.

8. CBOE Global Markets North American Data Policies

You agree that:

  1. 8.1

    You have read and agree to be bound by the Subscriber Agreement and the CBOE Global Markets, Inc. Privacy Notice and Policy (located at www.cboe.com/legal/privacy);

  2. 8.2

    You are not: (i) an agent of CBOE Data Services, LLC; (ii) authorized to add to or delete any terms or provisions from the Data Subscriber Agreement; and/or (iii) authorized to modify any provision of the Data Subscriber Agreement; and

  3. 8.3

    no provision has been added to or deleted from the Data Subscriber Agreement and no modifications have been made to it. Both the Subscriber and the person executing on behalf of the Subscriber warrant that the Subscriber is legally able to undertake the obligations set forth therein and the signatory is duly authorized to bind the Subscriber to the Data Subscriber Agreement.

9. Personal Information and Data

  1. 9.1

    In order to ensure that the User can access the various features and use the Services provided by the Company, the User shall be required to mandatorily submit certain personal information to ensure compliance with prevalent ‘Know Your Customer’ (“KYC”) regulations, the Prevention of Money Laundering Act, 2002 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011. The User shall be required to provide express consent to the Company for granting it access to information during various stages of the User’s interaction with the Company and the Platform, including but not limited to the following:

  2. 9.1.1

    name of User, date of birth, gender, nationality, mother and father’s names, marital status and a recent, updated photo;

  3. 9.1.2

    residential address, phone number, email address and nominee details;

  4. 9.1.3

    bank account number and IFSC Code of bank branch;

  5. 9.1.4

    PAN Card, redacted Aadhar number, business related information and other KYC information collected through online or offline means;

  6. 9.1.5

    employment related details such as occupation, income, employer details, designation; and

  7. 9.1.6

    information stored on device such as telephonic records, device information, cookies.

  8. 9.1.7

    The information provided by the User shall be stored and utilized in accordance with the relevant applicable regulations. The User hereby authorizes the Company to use any data provided by the User to the Company and the Platform for, including but not limited to, provision of the Services as set out above and any other ancillary services such as provision of personalised offers and product recommendations (through Your registered e-mail address or calls or messages to Your registered mobile number or via notifications or recommendations on the Platform).

  9. 9.1.8

    The User hereby also authorizes the Company to disclose such information to any third party that the Company deems necessary and essential for the provision of its Services and any other ancillary services, including in relation to its advertising campaigns.

10. Testimonials

  1. 10.1

    The Company shall obtain the express consent of the User while recording their testimonial or review of the Services provided by the Company ("Testimonial”). The Testimonial shall clearly mention the relation between the User and the Company and also include the name and designation of the User, the time period for which they have used the Services provided by the Company and shall not be deceptive or misleading in any manner. The User hereby consents to such Testimonial being used by the Company and the Platform, at its sole discretion, for its promotional campaigns and other advertisement activities.

11. Milestone Achievements

  1. 11.1

    The Company shall provide the User with certain milestone achievements upon the successful completion of specific milestones by the User.

  2. 11.2

    The User at their sole discretion may choose to share such achievements on other third-party platforms including but not limited to, social media platforms such as Twitter, Facebook, Instagram, and Snapchat. The sharing of such achievements on third party platforms shall constitute a separate and individual transaction between the User and the third party and under no circumstances shall any liability arising out of such transaction be imposed on the Company or the Platform.

12. Payment Instructions

  1. 12.1

    The User shall be allowed to set up automated payment instructions which enables them to invest in securities on a recurring basis after fixed time intervals as determined by them (weekly, monthly, or quarterly). Such automated investments may either be made on the basis of a fixed investment amount or a fixed number of shares or units of a particular investment instrument.

13. Disclaimers

  1. 13.1

    The User understands that the Services provided by the Platform is on an ‘as is’ basis. The User shall use the Platform at their own risk. The Company makes no warranty regarding the use of the Platform being bug free, virus free, error free and free of any technical problems. The Company does not warrant that all errors, bugs, or defects shall be corrected.

  2. 13.2

    The Company is not an agent or broker for the investment opportunities provided on the Platform. The Company does not, under any circumstances, provide any financial, tax, and/or legal advice of any kind. The User shall not hold liable, the Company, its directors, employees, agents, associates, partners, or suppliers liable for any trading or investment losses incurred by the User.

  3. 13.3

    The Company disclaims all warranties, conditions, results, guarantees, and representations with respect to the Platform, whether express or implied, the warranties of merchantability or satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights or arising from the course of performance or of dealing or usage of trade.

  4. 13.3

    All investments made using the Platform shall be subject to market risks. Please do your due diligence and research before investing and read all related documents carefully. The past performance of an asset is in no way a guarantee of or indicator of future returns.

  5. 13.4

    Any interactions, communications, dealings or transactions between the User and third-party providers on the Platform regarding the products or schemes provided by the third-party shall constitute a separate and independent transaction between the User and such third-party and under no circumstance shall any liability arising from such transactions be imposed on the Company or the Platform.

14. Consent to onboard onto and use linked or integrated third-party financial intermediaries for execution services for financial transaction execution

  1. 14.1

    You consent to onboard onto other third-party financial services providers for execution of transactions You may wish to complete while You use the Platform, or for financial transactions You may want to initiate in the Platform but complete with the third-party financial services provider. The Platform will enable all linked or integrated third-party financial service providers to display their terms and conditions to You before You are onboarded onto such third-party financial services provider. You will need to indicate acceptance of the terms and conditions each third-party financial services provider has set out to accept You as a valid customer that can access their services through a technology integration/linkage with the Platform. Your acceptance of such terms and conditions of such third-party financial services provider linked or integrated with the Platform indicates that You agree to: (i) be onboarded by such third-party financial services provider; (ii) provide required KYC documentation; and (iii) open Your account(s) with such third-party financial services provider. You also explicitly give the Platform and the Company permission to share necessary personal, private and transaction details and data with such third-party financial services providers, whose terms and conditions You accept as part of Your onboarding process. You also acknowledge that any financial transactions carried out in this context are carried out between You and such third-party financial services providers; the Platform and the Company do not carry out any financial transactions and are not liable for any errors or omissions with regard to such transactions. The number and details of these third-party financial services providers can be changed and updated by the Company from time to time and We will indicate the same by notification of updated terms and conditions as may be required. You accept the inclusion of additional or changed linked or integrated financial services providers by accepting updated terms and conditions and allow Us to provide them required data to onboard You and establish a customer relationship with You, after You accept such updated terms and conditions, which will serve as Your consent for the same. If You need to provide any additional personal data, We will request the same from You as may be required.

15. Signature Consent

  1. 15.1

    The User consents for the Company and the Platform to link any signatures provided as part of the Platform onboarding process, to such User’s registered email address, provided to create such User’s User Account on the Platform, and use the same for the purpose of such User’s digital signature.

Terms of Use

These Terms of Use (“Terms of Use”) is a legal agreement between you, the user (“User”/ “You”/“Your”, which terms shall include the persons that access, use, and/or participate in the Platform in any manner), and Appreciate... Platform Private Limited (“We”, “Us” or “Company”), the owner of website located at www.appreciatewealth.com (“Website”) and Appreciate mobile application available on Apple AppStore and Google Play Store (“App”). Where the context so requires, the Website and the App shall be collectively referred to as the “Platform”. The Company has established a privacy policy available at www.appreciatewealth.com (“Privacy Policy”) that explains to the User how their information is collected and used. The Privacy Policy is referenced below and is hereby incorporated into the Terms of Use set forth herein. Your use of the Platform is governed also by the Privacy Policy. You hereby also acknowledge that any specific product or service availed by You on the Platform may have their own additional or supplemental terms and conditions and unequivocally consent to comply with and abide by such additional or supplemental terms and conditions. These Terms of Use, read with the Privacy Policy, shall be treated as an electronic record under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic records under various Indian statutes and is enforceable against You under law by way of Your acceptance hereof. The Company reserves the right to change, modify, amend or update these Terms of Use and any other documents incorporated by reference herein at its sole discretion for complying with the extant legal and regulatory framework and for other legitimate business purposes at any time and the Company will post the amended Terms of Use with or without any notification to You on the Platform. It is Your responsibility to review the Terms of Use for any changes and You are encouraged to check the Terms of Use frequently. Your use of the Platform following any amendment of the Terms of Use will signify Your assent to and acceptance of any revised Terms of Use. Your usage of the Platform and availing of any Services provided by the Company on the Platform, shall be deemed acceptance to these Terms of Use (as may be changed, modified, amended or updated from time to time).

  1. 1.1

    You must be 18 years of age or older to visit or use the Platform in any manner. By visiting the Platform or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Platform in a manner consistent with any and all applicable laws and regulations in addition to these Terms.

  2. 1.2

    You represent, acknowledge and agree that: (a) all registration information that You submit is truthful, current, complete and accurate, (b) You will maintain the currency, completeness and accuracy of such information, and (c) Your use of the Platform and the Services offered through the Platform do not violate any applicable law or regulation applicable either to You, the Platform or the Company. Your User Account may be terminated without warning if We,at Our discretion, believe that You are under the age of 18 or that You are not complying with any applicable laws, rules or regulations or these Terms of Use.

  1. 2.1

    The Platform is a financial intermediary which facilitates investment transactions between individuals and third-party financial services providers. The services available on the Platform include, investment advisory, purchase and sale of marketable securities listed in global stock exchanges and enabling transactions of the Users through banking channels etc. (“Services”). We may at any time modify, alter, amend, increase or decrease the scope of Services.

  1. 3.1

    These Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation in the Platform, including advertisements, third party applications and internet links, and all content and Services available through the Platform. These Terms of Use shall also govern the financial transactions between the Users of the Platform. The Terms of Use described below incorporate the Privacy Policy and apply to all Users of the Platform.

  2. 3.2

    In addition to the Terms of Use, which governs Your access and use of the Platform, Your access to, use of, and participation in the Platform is subject to all applicable regulations, guidelines and additional policies that the Company may set forth from time to time, including without limitation, any product specific policy and any other restrictions or limitations that the Company publishes on the Platform (the “Additional Policies”). You hereby agree to comply with the Additional Policies and Your obligations thereunder at all times. You hereby acknowledge and agree that if You fail to adhere to any of the terms and conditions of these Terms of Use or the documents referenced herein, including any Additional Policies, the Company, in its sole discretion, may terminate Your User Account at any time without prior notice to You as well as initiate appropriate legal proceedings, if necessary.

  1. 4.1

    The Company hereby grants You a non-exclusive, revocable, limited license to use the Platform in the manner and on the terms and conditions as set forth in these Terms of Use; provided, however, that (i) You will not copy, distribute, or make derivative works of the Platform in any medium without the Company’s prior written consent; (ii) You will not alter or modify any part of the Platform other than as permitted and as may be reasonably necessary to use the Platform for its intended purposes; and (iii) You will at all times act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

  1. 5.1

    You need not register with the Company to simply visit and view the Platform, but to access and avail Services of the Platform, You will need to create a password-protected user account (“User Account”). To create a User Account, You must submit Your name, email address and such other details as may be requested through the User Account registration page on the Platform and create a password. You are solely responsible for safeguarding Your password on the Platform and, if applicable, Your password on the third-party sites linked to the Platform (collectively, "Password/s") and You shall keep Your Passwords secure at all times.

  2. 5.2

    You can, and are advised to, change Your passwords from time to time in order to keep Your User Account and Your interactions secured within the Platform. You shall be solely responsible for all activities that occur on Your User Account and You shall notify the Company immediately of any breach of security or any unauthorized use of Your User Account. Similarly, You shall never use another's User Account without the Company’s permission. You agree that You will not misrepresent Yourself or represent Yourself as another User of the Platform and/or the Services offered through the Platform.

  3. 5.3

    You hereby expressly acknowledge and agree that You (and not the Company) will be liable for Your losses, damages etc., (whether direct or indirect) caused by an unauthorized use of Your User Account. Notwithstanding the foregoing, You may be liable for the losses of the Company or others due to such unauthorized use and We will not be responsible for misuse of Your User Account by any third party, whether authorized by You or not.

  4. 5.4

    Account Policies: You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):

  5. 5.4

    You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers” etc., to access the Platform, for any purpose, without the Company’s prior written approval.

  6. 5.5

    You shall not in any manual or automated manner collect information, personal or otherwise, of any other User on the Platform including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text or content, or otherwise misuse or misappropriate the Platform’s information or content, including but not limited to, use on a “mirrored”, competitive, or Third Party Website, except with the prior written consent of the Company or through a lawful and valid communication with such other User through any valid communication channel provided on the Platform. You shall not take any action that (i) unreasonably encumbers or, in the Company’s sole view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses the Company’s measures that are used to prevent or restrict access to the Platform.

  7. 5.6

    You shall not frame or hotlink or deep link any contents from the Platform.

  8. 5.7

    You agree neither to collect or harvest any personally identifiable data, including without limitation, names or other User Account information, from the Platform, nor to use the communication systems provided by the Platform for any use other than as intended under the Platform and in accordance with the Privacy Policy.

  1. 6.1

    In no event will the Company, its directors, employees, agents, associates, partners or suppliers be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including loss of profit or loss of revenue, even if the Company has been advised of the possibility of such damages. Further, it is hereby clarified that in no event will the Company, its directors, employees, agents, associates, partners, or suppliers, be held liable for the disclosure of any of the User’s information to any third party as long as such disclosure is in compliance with Clause 9 of the Terms of Use.

  2. 6.2

    You hereby expressly acknowledge and agree that You (and not the Company) will be liable for Your losses, damages, costs, etc. (whether direct or indirect) caused by an unauthorized use of Your User Account. Notwithstanding the foregoing, You may be liable for the losses of the Company or others due to such unauthorized use and We will not be responsible for misuse of Your User Account by any third party, whether authorized by You or not. In no event shall the Company be individually liable to You for any damages for breach of fiduciary duty by third-parties.

  3. 6.3

    In the event the Company is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Platform, the Company’s liability shall in no event exceed the total value of any service fees connected with Your User Account paid in the 3 (three) months prior to the date of the initial claim made against the Company.

You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):

  1. 7.1

    You shall not use any automated system, including but not limited to, ‘robots’, ‘spiders’, ‘offline readers’, ‘scrapers’ etc., to access the Platform, for any purpose, without the Company’s prior written approval.

  2. 7.2

    You shall not in any manual or automated manner collect information, personal or otherwise, of any other User on the Platform including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text or content, or otherwise misuse or misappropriate the Platform’s information or content, including but not limited to, use on a ‘mirrored’, competitive, or third party website, except with the prior written consent of the Company or through a lawful and valid communication with such other User through any valid communication channel provided on the Platform. You shall not take any action that: (i) unreasonably encumbers or, in the Company’s sole view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses the Company’s measures that are used to prevent or restrict access to the Platform.

  3. 7.3

    You shall not frame or hotlink or deep link any contents from the Platform.

  4. 7.4

    You shall not take any action that: (i) unreasonably encumbers or, in the Company’s sole view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses the Company’s measures that are used to prevent or restrict access to the Platform.

  5. 7.5

    You agree to neither collect nor harvest any personally identifiable data, including without limitation, names or other User Account information, from the Platform, nor to use the communication systems provided by the Platform for any use other than as intended under the Platform and in accordance with the Privacy Policy.

  6. 7.6

    You agree that the opening and maintenance of Your account on the Platform will be subject to the rules and regulations prescribed by the Reserve Bank of India, Securities Exchange Board of India and any other regulatory authority.

  7. 7.5

    You agree to receive all updates and alerts via messages or notifications to your registered mobile number and email address. The delivery of such updates and alerts will be done by the Company on a best-effort basis through its official channels.

  8. 7.7

    You understand and agree to pay to the Company such fees as may be applicable from time to time for using the Platform and availing its services. These fees shall be revised on the basis of factors including the prevalent market conditions and such revisions shall be displayed within the ‘price transparency’ section of the Platform. You acknowledge that that the Platform may engage third-party entities to provide the User with information regarding the features and services provided by the Platform, assist the User with their on-boarding process and provide additional enhanced support at the option of the User. You hereby agree that additional fees may be charged (as set out in the ‘price transparency’ section) for availing such enhanced support services from third-party entities.

You agree that:

  1. 8.1

    You have read and agree to be bound by the Subscriber Agreement and the CBOE Global Markets, Inc. Privacy Notice and Policy (located at www.cboe.com/legal/privacy);

  2. 8.2

    You are not: (i) an agent of CBOE Data Services, LLC; (ii) authorized to add to or delete any terms or provisions from the Data Subscriber Agreement; and/or (iii) authorized to modify any provision of the Data Subscriber Agreement; and

  3. 8.3

    no provision has been added to or deleted from the Data Subscriber Agreement and no modifications have been made to it. Both the Subscriber and the person executing on behalf of the Subscriber warrant that the Subscriber is legally able to undertake the obligations set forth therein and the signatory is duly authorized to bind the Subscriber to the Data Subscriber Agreement.

  1. 9.1

    In order to ensure that the User can access the various features and use the Services provided by the Company, the User shall be required to mandatorily submit certain personal information to ensure compliance with prevalent ‘Know Your Customer’ (“KYC”) regulations, the Prevention of Money Laundering Act, 2002 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011. The User shall be required to provide express consent to the Company for granting it access to information during various stages of the User’s interaction with the Company and the Platform, including but not limited to the following:

  2. 9.1.1

    name of User, date of birth, gender, nationality, mother and father’s names, marital status and a recent, updated photo;

  3. 9.1.2

    residential address, phone number, email address and nominee details;

  4. 9.1.3

    bank account number and IFSC Code of bank branch;

  5. 9.1.4

    PAN Card, redacted Aadhar number, business related information and other KYC information collected through online or offline means;

  6. 9.1.5

    employment related details such as occupation, income, employer details, designation; and

  7. 9.1.6

    information stored on device such as telephonic records, device information, cookies.

  8. 9.2

    The information provided by the User shall be stored and utilized in accordance with the relevant applicable regulations. The User hereby authorizes the Company to use any data provided by the User to the Company and the Platform for, including but not limited to, provision of the Services as set out above and any other ancillary services such as provision of personalised offers and product recommendations (through Your registered e-mail address or calls or messages to Your registered mobile number or via notifications or recommendations on the Platform).

  9. 9.3

    The User hereby also authorizes the Company to disclose such information to any third party that the Company deems necessary and essential for the provision of its Services and any other ancillary services, including in relation to its advertising campaigns.

  1. 10.1

    The Company shall obtain the express consent of the User while recording their testimonial or review of the Services provided by the Company ("Testimonial”). The Testimonial shall clearly mention the relation between the User and the Company and also include the name and designation of the User, the time period for which they have used the Services provided by the Company and shall not be deceptive or misleading in any manner. The User hereby consents to such Testimonial being used by the Company and the Platform, at its sole discretion, for its promotional campaigns and other advertisement activities.

  1. 11.1

    The Company shall provide the User with certain milestone achievements upon the successful completion of specific milestones by the User.

  2. 11.2

    The User at their sole discretion may choose to share such achievements on other third-party platforms including but not limited to, social media platforms such as Twitter, Facebook, Instagram, and Snapchat. The sharing of such achievements on third party platforms shall constitute a separate and individual transaction between the User and the third party and under no circumstances shall any liability arising out of such transaction be imposed on the Company or the Platform.

  1. 12.1

    The User shall be allowed to set up automated payment instructions which enables them to invest in securities on a recurring basis after fixed time intervals as determined by them (weekly, monthly, or quarterly). Such automated investments may either be made on the basis of a fixed investment amount or a fixed number of shares or units of a particular investment instrument.

  1. 13.1

    The User understands that the Services provided by the Platform is on an ‘as is’ basis. The User shall use the Platform at their own risk. The Company makes no warranty regarding the use of the Platform being bug free, virus free, error free and free of any technical problems. The Company does not warrant that all errors, bugs, or defects shall be corrected.

  2. 13.2

    The Company is not an agent or broker for the investment opportunities provided on the Platform. The Company does not, under any circumstances, provide any financial, tax, and/or legal advice of any kind. The User shall not hold liable, the Company, its directors, employees, agents, associates, partners, or suppliers liable for any trading or investment losses incurred by the User.

  3. 13.3

    The Company disclaims all warranties, conditions, results, guarantees, and representations with respect to the Platform, whether express or implied, the warranties of merchantability or satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights or arising from the course of performance or of dealing or usage of trade.

  4. 13.4

    All investments made using the Platform shall be subject to market risks. Please do your due diligence and research before investing and read all related documents carefully. The past performance of an asset is in no way a guarantee of or indicator of future returns.

  5. 13.5

    Any interactions, communications, dealings or transactions between the User and third-party providers on the Platform regarding the products or schemes provided by the third-party shall constitute a separate and independent transaction between the User and such third-party and under no circumstance shall any liability arising from such transactions be imposed on the Company or the Platform.

  1. 14.1

    You consent to onboard onto other third-party financial services providers for execution of transactions You may wish to complete while You use the Platform, or for financial transactions You may want to initiate in the Platform but complete with the third-party financial services provider. The Platform will enable all linked or integrated third-party financial service providers to display their terms and conditions to You before You are onboarded onto such third-party financial services provider. You will need to indicate acceptance of the terms and conditions each third-party financial services provider has set out to accept You as a valid customer that can access their services through a technology integration/linkage with the Platform. Your acceptance of such terms and conditions of such third-party financial services provider linked or integrated with the Platform indicates that You agree to: (i) be onboarded by such third-party financial services provider; (ii) provide required KYC documentation; and (iii) open Your account(s) with such third-party financial services provider. You also explicitly give the Platform and the Company permission to share necessary personal, private and transaction details and data with such third-party financial services providers, whose terms and conditions You accept as part of Your onboarding process. You also acknowledge that any financial transactions carried out in this context are carried out between You and such third-party financial services providers; the Platform and the Company do not carry out any financial transactions and are not liable for any errors or omissions with regard to such transactions. The number and details of these third-party financial services providers can be changed and updated by the Company from time to time and We will indicate the same by notification of updated terms and conditions as may be required. You accept the inclusion of additional or changed linked or integrated financial services providers by accepting updated terms and conditions and allow Us to provide them required data to onboard You and establish a customer relationship with You, after You accept such updated terms and conditions, which will serve as Your consent for the same. If You need to provide any additional personal data, We will request the same from You as may be required.

  1. 15.1

    The User consents for the Company and the Platform to link any signatures provided as part of the Platform onboarding process, to such User’s registered email address, provided to create such User’s User Account on the Platform, and use the same for the purpose of such User’s digital signature.