GROWTH AVENUES - DISCLAIMER, TERMS & CONDITIONS.

NeoTrader – TERMS OF USE

INTRODUCTION

    WELCOME TO NeoTrader APPLICATION (“APPLICATION”). BY REGISTERING OR INSTALLING THE APPLICATION OR BY USING THE SERVICE IN ANY MANNER, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS OF USE (“TERMS”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GROWTH AVENUES (GA) AND GOVERN YOUR USE OF THE APPLICATION AND THE INFORMATION, OFFERS, SERVICES, FEATURES, CONTENT, OFFERED THROUGH THE APPLICATION (“SERVICES”). THESE TERMS MAY BE UPDATED BY GA FROM TIME TO TIME. PLEASE NOTE THAT IF YOU ARE AN INDIVIDUAL YOU MUST BE OVER THE AGE OF MAJORITY UNDER THE LAWS OF YOUR JURISDICTION TO ENTER INTO THIS AGREEMENT OTHERWISE, YOU ARE EXPRESSLY PROHIBITED FROM ENTERING INTO THIS AGREEMENT, AND SHOULD HAVE YOUR PARENT OR GUARDIAN ENTER INTO THIS AGREEMENT. YOU AGREE TO ACCESS THE APPLICATION SUBJECT TO ACCEPTANCE OF THE TERMS AS SET OUT HEREIN. IN ADDITION, WHEN USING ANY PARTICULAR SERVICES, YOU MAY BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO SUCH SERVICES. ALL SUCH GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS.

    DEFINITION OF "USER" OR "YOU": MEANS ANY PERSON WHO ACCESS OR AVAIL THIS APP AND / OR THE SITE neotrader.in OF THE COMPANY FOR THE PURPOSE OF ACCESSING, HOSTING, PUBLISHING, SHARING, TRANSACTING, DISPLAYING OR UPLOADING INFORMATION OR VIEWS AND INCLUDES OTHER PERSONS JOINTLY PARTICIPATING IN USING APPLICATION OF THE COMPANY.


    YOU HEREBY REPRESENT, WARRANT AND COVENANT THAT YOU PROVIDE US WITH ACCURATE, TRUTHFUL, AND COMPLETE REGISTRATION INFORMATION INCLUDING, BUT NOT LIMITED TO YOUR NAME ("USER NAME"), EMAIL MOBILE, OR OTHER INFORMATION AND TO KEEP YOUR REGISTRATION INFORMATION ACCURATE AND UPTODATE. FAILURE TO DO SO SHALL CONSTITUTE A BREACH OF THESE TERMS, WHICH MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT.


    BY ACCESSING APPLICATION OR SERVICE AND/OR BY CLICKING "I AGREE", YOU AGREE TO BE BOUND BY THESE TERMS. YOU HEREBY REPRESENT AND WARRANT TO THE COMPANY THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR ABOVE AND ARE CAPABLE OF ENTERING, PERFORMING AND ADHERING TO THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.


    YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY BREACH OF YOUR OBLIGATIONS UNDER THE TERMS AND FOR THE CONSEQUENCES (INCLUDING ANY LOSS OR DAMAGE WHICH WE MAY SUFFER) OF ANY SUCH BREACH.


    IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS APPLICATION OR SERVICES.

DISCLAIMER OF WARRANTIES AND LIABILITY


  1. You understand and agree that GA provides the Services on an “as is”, “with all faults” and “as available” basis. All warranties including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and no infringement are disclaimed and excluded.

  2. The application, data and services are provided for educational purposes only. GA, and its affiliates and associates shall not be liable, at any time for any direct, indirect, punitive, incidental, special or consequential damages (including, without limitation, damages for loss of business, damage to hardware or loss of profits, loss of data or profits, whether arising in contract, tort or otherwise arising out of or in any way connected with the use of the Application, with the delay or inability to use the Applications or Services, or due to use of the contents available in the Application or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, or due to use of information contained in the Application).

  3. In the event any exclusion contained herein be held to be invalid for any reason and GA or any of its affiliate entities, officers, directors or employees becomes liable for loss or damage, then any such liability of GA or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding the charges paid by you, if any, for the application usage for three months prior to such claim.

  4. No representations, warranties or guarantees whatsoever are made by GA as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) That the Services will be uninterrupted, timely, secure, or error free; (c) The quality of any services, content, information, or other material in the Application will meet your expectations or requirements; Or (d) any errors in the Application will be corrected.

  5. This Application may have certain links which may lead to resources located on servers maintained by third parties. These third-party websites, applications may contain GA’s / NeoTrader’s logo, but they are independent from GA, and GA does not have any control over these websites or applications. GA, therefore, accepts no responsibility or liability due to your use of such third-party websites or applications.

PROPRIETARY RIGHTS


    Unless otherwise stated, copyright and all intellectual property rights in all material presented on Site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of GROWTH AVENUES, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of GA; Or remove, conceal or obliterate any copyright or other proprietary notice or any credit line or dateline on other mark or source identifier included on Site / Service, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

YOUR OBLIGATIONS


As a condition of your use of the Application, you shall not use the Application or Services for any purpose that is unlawful or prohibited by these Terms or you shall not use the Application in any manner that could damage, disable, overburden, or impair any GA server, or the network(s) connected to any GA server, or interfere with any other party’s use and enjoyment of any services. You further concur that you shall not, through the Application or Services indulge in the following activities:

  1. Delete from the Application any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;

  2. use the Application / Services in any manner that could damage, disable, overburden, or impair or undertake any action which is harmful or potentially harmful to any GA server, or the network(s), computer systems/resources connected to any GA server, or interfere with any other party’s use and enjoyment of the Application / Services;

  3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Application / Services;

  4. Perform any activity which is likely to cause such harm;

  5. Carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on the Application or internet service or; Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any GA website or the website of any GA customer;

  6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Application.

  7. Impersonate any person or entity, including, but not limited to GA’s official, expert, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  8. take any action which encourages or consists of any threat of harm of any kind to any person or property or make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum

  9. Collect or attempt to collect personally identifiable information of any person or entity without their express written consent;

  10. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the Internet;

  11. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation

PROHIBITED ACTIVITIES


    You shall not host, display, upload, modify, publish, transmit, update or share any information on Site, that –

  1. Belongs to another person and to which you do not have any right to;

  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

  3. Harm minors in any way;

  1. Infringes any patent, trademark, copyright or other proprietary rights;

  2. Violates any law for the time being in force;

  3. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  4. impersonate another person

  5. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  6. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

  1. Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in noncompliance with the laws and regulations, these terms, or the privacy policy of Site, we may terminate your account/block your access to Site and we reserve the right to remove any noncompliant Content uploaded by you.

  2. Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws.  Furthermore, if you are found to be in noncompliance with the laws and regulations, these terms, or the privacy policy of Site, the Company shall have the right to immediately terminate/block your access and usage of Site and the Company shall have the right to immediately remove any noncompliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

TERMINATION OF ACCOUNT


    GA reserves its right to refuse service, restrict, and suspend your access to the Application; Delete, move, or remove any content that is available in or through the Application; Establish general practices and limits concerning use of the Application at any time with or without any prior notice.

INDEMNIFICATION


    You agree to defend, indemnify and hold harmless GA, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses arising out of the breach of any of the terms by you or due to your use/misuse of the Application.

PRIVACY


    Any personal information identifying you (“Personal Information”) if required is asked for explicitly in the relevant page in the Application. Personal Information is used to operate the Application, and may occasionally be used to inform you of new features, services, and products from those offered by GA. GA reserves the right to disclose any information in response to that it is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to GA or as GA in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

GRIEVANCE REDRESSAL


  • Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to support@chartadvise.com

  • The company shall not be responsible for any communication, if addressed, to any non-designated person in this regard.

Copyright Notice


    Copyright ©2018 GROWTH AVENUES. All rights reserved.

    These disclaimer/terms of service notification are subject to change without notice.

Applicable Law:


    This agreement shall be governed by the laws of India. The courts of law at Mumbai shall have exclusive jurisdiction over any disputes arising under this agreement.

Limited Time to Bring Your Claim:


    You and GA agree that any cause of action arising out of or related to the Application must commence within three months after the cause of action accrues. Otherwise, such cause of action will be permanently barred


Advisory Services Agreement



1. CLIENTS PARTICIPATION, OBLIGATION AND WARRANTIES


  • The Client represents that the Client has understood the risks involved in trading / investing securities based on advise or service subscribed to the offerings made by Growth Avenues. The Client is financially capable of withstanding any loss incurred as a result of such action.

  • The Client shall be solely responsible for and agrees to comply with all the Applicable Laws, regulations, procedures, practices and guidelines given by the competent authorities insofar as applicable to the Client, including but not restricted to the SEBI (Insider Trading) Regulations, 1992, SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 and the SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Markets) Regulations, 1995, and Growth Avenues shall not be responsible or liable in any manner whatsoever, to any person for any breach by the Client of such aforesaid laws, regulations, procedures, practices and guidelines.

2. WARRANTIES & DISCLAIMERS


    Growth Avenues does not provide any warranty (express or implied) as to the appreciation in the value of the Securities that was advised as part of any service of Growth Avenues. It is clearly understood that Growth Avenues shall not, in any manner whatsoever, be liable or responsible to any entity/person (including the Client’s nominees or legal heirs or successors or authorized representatives) in case of depreciation or erosion in the value of Securities, either individually or in total, for the Funds invested using the advisory services provided by Growth Avenues or any indirect, notional, consequential losses, expenses, costs, charges or claims (including any litigation expenses) to any entity/person.

3. RISKS AND LOSSES


  • The Client understands and accepts that investments in Securities are subject to market risks and may result in losses at times and do not assure or guarantee the Client any minimum or fixed return. The Client hereby agrees to undertake the risks pertaining to his execution of trade/investment advice received from Growth Avenues.

  • The past performance of Growth Avenues does not, in any manner, indicate the future performance with respect to any of its existing Product/s or any future Products of Growth Avenues;

  • Losses arising out of any act, omission or commission of Growth Avenues will be solely at the risk of the Client and Growth Avenues will not be liable for any act, omission or commission taken or failure to act.

  • As with any investment in Securities, the value of the portfolio can go up or down depending on various factors that may affect the values of the investments. In addition to the factors that affect the value of individual securities, the value of the portfolio can be expected to fluctuate with movements in the broader equity and bond markets and may be influenced by factors affecting capital markets in general, such as, but not limited to, changes in interest rates, currency exchange rates, changes in governmental policies, taxation, political, economic or other developments and increased volatility in the stock and bond markets.

  • The Client shall not question any of the acts, deeds, omissions or commissions or things done or performed by Growth Avenues under this Agreement unless Growth Avenues has acted in gross violation to the Regulations or applicable law and Growth Avenues shall fulfill its duties and obligations, at its absolute discretion, without interference from the Client, its attorney(s) or authorized agent(s).

  • The Client acknowledges and confirms that the Client is fully aware of the Product/s and his investment, risk appetite and product suitability before investing in the Product/s. The Client further agrees and acknowledges that the Client has fully read and understood the risk related to the Product/s.

4. PROTECTION OF ACTS DONE IN GOOD FAITH


Growth Avenues shall not be under any liability on account of anything done or omitted to be done or suffered by the Client in good faith in accordance with or in pursuance of any request or advice of Growth Avenues or any committee of Growth Avenues or any agent.


5. INDEMNITY TO GROWTH AVENUES


Without prejudice to the right of indemnity available to Growth Avenues under any law, Growth Avenues and every person appointed by Growth Avenues shall be entitled to be indemnified out of the Assets deployed by the Client in respect of all liabilities, losses, actions, claims, damages and expenses incurred by them in the execution of these presents hereby declared or any of the powers, authorities and discretions vested in them pursuant to these presents in respect of any matter or thing done or omitted in any way by Growth Avenues in relation to these presents.


6. USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS:


If this Web site 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:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. 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. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer Conduct or forward surveys, contests, or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.


7. DECLARATION


  1. The Client declares that all the details given in this Agreement are true and correct and any instructions given to Growth Avenues to transact business on the Client s behalf shall be in due conformity with the applicable laws as may for the time being be in force.

  2. Any tax implications arising out of any transaction entered into pursuant to this Agreement would be as per the provisions of the Income Tax Act, 1961, or any modification or re- enactment thereof.

  3. The Client agrees and declares that any and all tax liability will be the Client ‘s sole responsibility.

8. DISPUTE RESOLUTION


This Agreement is subject to the Rules and Regulations as are or may be framed / issued by the Central Government, the Reserve Bank of India (“RBI”), SEBI and / or any other statutory and / or any other competent authority, from time to time.

Any dispute arising out of or in relation to this Agreement shall be submitted by the parties to the arbitration of a sole arbitrator, who shall be any person nominated by Growth Avenues. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996. Each party will bear the expenses / costs incurred by it in the arbitration proceedings. However, the cost of the sole arbitrator will be borne equally by both the parties.

The arbitration proceedings shall be held at Mumbai and the language of the arbitration shall be English.

9. JURISDICTION

The Courts of Mumbai shall have exclusive jurisdiction to adjudicate upon any claims of the parties.

10. GENERAL CONDITIONS


    We reserve the right to refuse service to anyone for any reason at any time.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.