GENERAL AGREEMENT FOR BOTALPHA TECHNOLOGIES PVT. LTD.
Botalpha Technologies Private Limited, a company registered under the Companies Act, 2013 with CIN U66110UP2020PTC129446 and having its address Basement, House no. 56, Sector 31B, Gautam Buddha Nagar, Noida, Uttar Pradesh 201301 (hereinafter referred to as “The Company”) which expression shall, unless repugnant to the context or meaning thereof be deemed to include its successors, Affiliates and assigns, a SEBI Registered Research Analyst with Registration No. INH000013475 of the One Part
The Terms Conditions that apply to “Client” access and use of the Website:
By visiting our website and/or clicking on “I Agree” “ hereby agrees to the Terms, Conditions, Policy, Procedures, Do’s Don’ts set forth in this Agreement as well as any of its amendments from time to time in the future and “Client” is deemed to have accepted the terms and conditions listed below and “ represent that “ have the capacity to be bound by it.
SCOPE OF SERVICE
A research analyst studies companies and industries, analyses raw data, and makes forecasts or recommendations about whether to buy, hold or sell securities Research Analyst analyses information to provide recommendations about investments in securities to the clients.
Research Analyst provide some or all the following services to the Client:
ENSURING THE KYC REQUIREMENTS & SIGN-UP PROCEDURE
At the time of visiting the website and signing up with the Company, “Client” ensures that “Client” will provide all the information, documents which are required to fulfill the KYC requirements, the verification process etc. “Client” further agrees to provide the documents i.e. Proof of Identity, Proof of Address, valid Mobile No., valid email ID, Bank Account Details and Demat account details and/or any other details as asked by the Company time to time. Further, “Client” also agrees to complete the verification process through the Mobile No. & Email ID and /or any other process as prescribed by the Company on time to time basis. Further, any changes in the information or documents provided by us at the time of signing up will be our responsibility and “Client” will inform the Company about the same.
REGISTRATION AND TERMINATION
By registering for this facility “ understands that The Company and its directors, employees and associates (hereinafter singly and jointly referred to as “The Company”) reserves the right, in its sole discretion, to deny “ access to this Web site or any portion thereof without notice for the following reasons:
Termination or cancellation of this Agreement shall not affect any right or relief to which The Company may be entitled, at law or in equity. Upon termination of this “Client” Agreement, all rights granted to “Client” will terminate and revert to The Company.
LICENSE
The Company grants to “Client” a non-exclusive royalty-free revocable license to:
The Company does not grant “Client” any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, “Client” must not adapt, edit, change, transform, republish, redistribute, broadcast, or show or play in public this website or the material on this website (in any form or media) without THE COMPANY'S prior written permission.
Data Mining - The automated and/or systematic collection of data from this website is prohibited. Enforcement of copyright - The Company takes the protection of its copyright materials very seriously.
If The Company discovers that “Client” have used our copyright materials in contravention of the license above, THE COMPANY may bring legal proceedings against “Client” for an injunction to stop “Client” using those materials and monetary damages. “Client” could also be ordered to pay our legal costs.
Unenforceable provisions-If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer
Ownership of copyright- The copyright in this website and the material on this website (including without limitation the text, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by THE COMPANY and its licensors.
SECURITY
Unauthorized use of this Website and systems, including, but not limited to, unauthorized entry into The Company’s systems, online accounts, misuse of passwords or misuse of any other information, is strictly prohibited. “Client” may not use this Website in any manner that could damage, disable, overburden, or impair this Website or service or interfere with any other party's use and enjoyment of this Website or service. “Client” may not attempt to gain unauthorized access to any of our site or service and computer systems or networks connected to it, through hacking. “Client” agree that “Client” will not engage in any activities related to this web site that are contrary to the applicable laws or regulations in force. The “Client” has the primary responsibility to keep login-ids and passwords secure and to not display such crucial, important information to any third person. In case of any such leak of login-id & password, The Company cannot be responsible for the loss of such information, or for any act, omission, damages, claims, loss of personal information, etc arising from the use of such leakage of login-ids and passwords. The Company may, at its own discretion, use certain technology on its web sites to collect information from visitors and may compile aggregate statistical information about how visitors use its websites, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit. No individually identifiable information is collected for this purpose and The Company does not monitor individual visitor behavior.
PAYMENT
“Client” agrees that all the payment done to the Company will be through Account payee cheque, or RTGS/ NEFT/ IMPS or any other online mode and also keep the reference or transaction number for future correspondence and also provide the same to the Company as and when required. Further, all the payment will be done in the Account details provided by the Company on official basis. Any payment to any personal account will not be treated as valid and the Company will not be held responsible for any loss occurred due to the Transactions. “Client” also agrees that “Client” will not do any payment on cash and if “Client” does any cash dealing with any employee, director, promoter etc. of the Company, The Company will not be held responsible for any losses occurred
Refund and Cancellation Policy
There will be ABSOLUTELY NO REFUNDS and CANCELLATIONS. We do not offer refunds on subscriptions that have already been taken. For this reason, we strongly recommend that before payment, our visitors:
Do not allow children or other unauthorized family members or friends to access your credit cards or your account at the payment site to ensure that no one pays for a Membership without your permission.
By making a payment for Subscription, you acknowledge that you have read and agree to the above No Refund and No cancellation Policy.
DORMANT OR SUSPENSION OF CLIENT ACCOUNT AND/OR STRATEGY(IES)
On the request of the client in writing, the client account can be suspended temporarily and same can be activated on the written request of the client only. Further, on written request from the client, the client account can be closed provided that the client account is settled. If the client wants to reopen the account in that case client has to again complete the KYC requirement as provided time to time. Further, if the client is not taking any services from the Company for a period of 6 months or there will be no activity in the account of the client for period of 6 month, the account will be suspended temporarily and same can be activated on the written request of the client only.
VALIDITY OF RECOMMENDATION SERVICES
The validity of this agreement starts from the date of signing and will continue to be in force till any of the parties terminate it by giving 1 months’ notice period or as per tenure mentioned & agreed upon.
DEREGISTERING A CLIENT
Notwithstanding anything to the contrary stated in the agreement, The Company shall be entitled to terminate the agreement with immediate effect in any of the following circumstances:
ANTI - MONEY LAUNDERING
The Client, including all his representatives power of attorney holder, or any other person in any representative capacity of the client who has either made any payment on behalf of the client, or has the power to effect any transactions or receive any payment on behalf of the Client, shall ensure that the Assets of the Account are derived through legitimate sources only and does not involve and are not designed for the purpose of any contravention or evasion of the provisions of the Money Laundering Requirements (as hereinafter defined) or any other applicable law in force, including without limitation the taxation laws, anti-corruption laws, and any rules, regulations, notifications or directions issued there under. The Client undertakes and agrees to take full responsibility in complying with all applicable laws, regulations, protocols and other requirements relating to the prevention of money laundering and any requirements and / or requests made by the Portfolio Manager, either generally or in respect of a specific transaction, in order to comply with all applicable laws, regulations, protocols and other applicable requirements relating to the avoidance of money laundering including without limitation to Prevention of Money Laundering Act, 2002, the Rules issued there under and the guidelines / circulars issued by SEBI there to (herein referred to as the “Money Laundering Requirements’).
ARBITRATION
If any dispute arises between the Parties here to during the subsistence of this Agreement or thereafter, in connection with or related to the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall, as far as possible be settled with the help of process of arbitration in accordance with the rules, bye-laws and regulations as provided in the Arbitration and Conciliation Act, 1996 and the amendments time to time. “Client” hereby agrees that “Client” will assist and co-operate with The Company in ensuring faster settlement of any arbitration proceedings arising out of the present agreement and will accept arbitration awards in respect thereof.
APPLICABILITY OF LAW
The provisions of this agreement shall always be subject to Statutory notifications, any rules, regulations and guidelines issued by the Government in force, or any other authority like SEBI and the Stock Exchange rules, regulations and Bye-laws that may be in force and applicable from time to time.
ACCEPTANCE OF PRIVACY POLICY COOKIES POLICY
“Client” hereby confirms that “Client” has gone through the website of the Company and also read all the terms & Conditions as provided by the Company and also accepts the details and information as provided by the Company in Privacy Policy and disclaimer on the website.
CLIENT ACCEPTANCE OF TERMS & CONDITIONS STATED HEREIN ABOVE
“Client” has fully understood the above mentioned terms and conditions and do hereby sign the same and agree not to call into question the validity, enforceability and applicability of any provision/clauses of this document in any circumstance whatsoever. By clicking, I agree “Client” also authorizes These Terms & Conditions shall always be read along with the agreement and shall be compulsorily referred to while deciding any dispute/difference or claim between “Client” and The Company before any court of law/judicial/adjusting authority including arbitrator/mediator etc.
SERVICE DELAYS
The Company reserves its right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this website and to suspend and/or deny access to this web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The Company may discontinue or change any service described in or offered on this web site or in any modules or parts thereof at any time if deems fit and proper. The Company (including it sand their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, riots, armed conflicts, acts of war, or other like causes. The Company shall have no responsibility to provide “Client” access to the Website while interruption of the Website is due to any such cause shall continue.
LIABILITY
“Client” agrees that, The Company (Including its and their officers, directors, employees, affiliates, group companies agents, representatives or subcontractors) shall not be, in any event, be liable, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or other damages of any kind whatsoever arising out of the use or inability to use www.multyfi.com for any purpose whatsoever even if The Company or any other such party has been advised of the possibility thereof. The Company and its affiliates, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise to “Client” and/or any third party. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a “Client” equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., “Client” cannot access “Client” internet service provider), unauthorised access, theft, operator errors, strikes or other labor problems or any force majeure. The Company cannot and does not guarantee continuous, uninterrupted or secure access to this web site.
INDEMINIFICATION
“Client” shall indemnify, defend and hold harmless The Company (including its and their officers, directors, employees, affiliates, group companies, agents, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) “Client” access and use of www.multyfi.com (b)any non-compliance by “Client” with the terms and conditions hereof; or (c) any third party actions related to “Client” receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by The Company. If The Company takes action (by itself or through its associate companies) to enforce any of the provisions of this “Client” Agreement, including collection of any amounts due hereunder, The Company shall be entitled to recover from “Client” (and “Client” agrees to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation
ENTIRE AGREEMENT
This “Client” Agreement constitutes the entire agreement between the parties, and is inclusive of any other written agreement existing between “Client” and The Company. By using the information on www.multyfi.com “Client” assumes full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by “Client”. The Company does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by “Client” or any other individual. The Information is not intended to provide tax, legal or investment advice, which “Client” should obtain from “Client” professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute as solicitation by the information providers, www.the Company.ai & www.the Companytrading.com or other of the purchase or sale of securities. The service is provided "as is," without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, provided through or in connection with the service. Specifically, www.multyfi.com disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action. Neither www.the Company.ai & www.the Companytrading.com nor any of its employees, agents, successors, assigns, affiliates, group companies or content or service providers shall be liable to “Client” or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to “Client”. In such countries, the respective liability of (www.multyfi.com), its employees, agents, successors, assigns, affiliates, group companies and content or service providers respective liability is limited to the amount provided under said law. Further, “Client” agrees and understand that all services provided are non-refundable and that “Client” should carefully consider whether our services are able to meet “Client” needs
DISCLAIMER
The information made available is for educational purposes only. The Company staff, do not recommend, advocate or solicit the buying, selling or holding of any investment, the use of any investment choosing methodology, the use of any particular financial tools or particular trading platform, or the use of any particular financial planner, advisor or broker dealer. Do remember that trading and investing always involves high levels of risk. Any money that “Client” allocates to trading and investing may be lost completely and at anytime. Any responsibility for any trading or investing activity that “Client” might undertake is “Client” and “Client” alone. Demonstrations of trading processes (including but not limited to choosing an investment and making a trade) presented are not a representation or prediction that any account will or is likely to achieve profits or losses similar to those discussed. Future results can be dramatically different from the possibilities that are presented in training. Past performance does not guarantee future results