Terms of Use for Automated Trading

Last updated: Oct 14, 2022

1.          General

1.1. These terms of use are electronic records in the form of an electronic contract by and between Us and You under the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time (“Terms of Use”). These Terms of Use, the privacy policy (available on https://payments.marketfeed.com/privacy-policy/) (“Privacy Policy”), the disclaimer (available on https://payments.marketfeed.com/disclaimer/) and any other applicable policies (the “Policies”) are published in accordance with Rule 3(1)(a) of the Information Technology (Intermediaries Guidelines and Digital Medial Ethics Code) Rules, 2021 (“Intermediaries Rules”), which requires the publication of rules and regulations, privacy policy and terms of service for access or usage of the websites, namely, marketfeed.com, payments.marketfeed.com, app.marketfeed.com, marketfeed.app, marketfeed.news, fundfolio.com and the mobile application marketfeed.

1.2. The terms “We/Us/Our/Company” shall refer to Fundfolio Fintech Private Limited, having the registered office 3/B, 19th Main Road, Sector 3, Bengaluru, Bengaluru Urban, Karnataka, 560102 IN, and the terms “You/Your” shall refer to the users and any other persons accessing or seeking to use the Platform (as defined below).

1.3. The Terms of Use is a legally binding document between You and Us when You access and/or use Our website located at marketfeed.com, payments.marketfeed.com, app.marketfeed.com, marketfeed.app, marketfeed.news, fundfolio.com and Our mobile application, marketfeed (or “App”) (collectively, the “Platform”). These Terms of Use provide the terms and conditions based on which We offer You access to the Platform for use, and for availing the Services (as defined in Clause 2) offered through the Platform. The Company shall comply with the provisions of the IT Act and the rules and regulations issued thereunder with respect to such Terms of Use and the Services.

1.4. The Policies, as updated by Us from time to time, govern the relationship and the transactions between You and Us, in relation to the access and/or use of the Services offered through the Platform.

1.5. Please read the terms and conditions of the Terms of Use fully before using, signing up on the Platform or accessing any material, information, content or availing the Services through the Platform. By downloading, installing, or otherwise accessing or using Our websites, App, Our Platform or Services (whether in whole or in part), You agree that You have read, understood, and agreed to be bound by the Terms of Use. By agreeing to the Terms of Use, You represent and warrant that:

1.5.1. You are at least the age of majority in Your state/province/country of permanent residence and/or nationality, and You have given Us Your consent to allow any of Your minor dependents to use our Services;

1.5.2. You are not a person barred under Applicable Law from receiving the Services and are competent to enter into a binding contract (The term “Applicable Law” shall mean all applicable laws, by-laws, statutes, enactments, acts of legislature or parliament, ordinances, rules, regulations, notifications, guidelines, policies, directions, orders, directives, protocols, codes, notices, judgments, decrees or other pronouncements of any governmental authority having the force of law); and

1.5.3. You will use the Platform and the Services in a manner consistent with any and all Applicable Laws and only for the purposes that are permitted by the Terms of Use, and/or have not been barred, suspended or removed by Us for any reason whatsoever.

1.6. Upon Your consent to the Terms of Use and other Policies and subject to Your compliance with the Terms of Use and other Policies, We hereby grant You a limited, personal, revocable, non-assignable, non-transferable and non-exclusive license to use Our Services. This license is for the sole purpose of enabling You to use the Services in the manner expressly permitted by the Terms of Use and Our other Policies.

1.7. The Terms of Use is an electronic document and does not require any physical, electronic or digital signature. If You do not agree with the terms and conditions of the Terms of Use, please do not use this Platform or avail of the Services.

1.8. We reserve the right to amend the terms and conditions of these Terms of Use from time to time at Our sole and absolute discretion. You agree that the amended terms and conditions of these Terms of Use or other Policies shall be effective on the date they are posted on the Platform. You are advised to check the Terms of Use and Policies from time to time for any updates or changes that may impact You. It will be presumed that You have received such notice of amendment if and when You access the Platform after the notice of the amendment to these Terms of Use and other Policies has been placed on the Platform. By using the Platform or accessing any material, information, content or availing the Services after such amendments have been made, You assent to and will be bound by the revised Terms of Use and revised other Policies, as the case may be, and it will be presumed that You have understood, agreed and consented to such revised Terms of Use and revised other Policies. If You do not agree with the revisions, please discontinue the use of this Platform and availing the Services.

2.          Services

2.1. Our Platform offers comprehensive finance-related news, content and educational information. Further, We offer customized services to various categories of users. You can find out more about Our subscription plans here on the Platform. We reserve the right to add new Services to the Platform and modify the Services at any time at Our sole discretion.

2.2. We/Our Platform also offer(s) fully automated algorithmic trading strategies/systems (“Algorithmic Trading System”) to You. The Algorithmic Trading System is regularly monitored, personalised and customisable, for e.g., based on the individual’s risk appetite, market cycles etc. Individual requirements and risk tolerance shall be taken into account while designing the Algorithmic Trading System for the specific individual. The Algorithmic Trading System shall not be standardised for all clients but shall be suitably customised by Our team members based on the requirements of each individual. We shall collect the username, password, the Application Programming Interface (“API”) and other required details of the individual (“Client Details”) maintained at Your broker and such Client Details are connected to the Algorithmic Trading System. The Client’s orders shall be placed via the Algorithmic Trading System. The Algorithmic Trading System shall be integrated with a third-party platform (“Third Party Platform”) which would in turn be linked to Your broker. This Third Party Platform shall place Your trades based on the Algorithmic Trading System. The individuals shall have full knowledge with respect to such orders placed. We may charge a fixed technology fee for the services rendered under this Clause 2.2 which would be specified on the Platform in the event such fee is charged (collectively, “Algorithmic Trading Services”). If You avail of the Algorithmic Trading Services, You agree that the Terms of Use (including any terms and conditions in the Terms of Use specifically in relation to the Algorithmic Trading Services) shall be applicable to You if You avail of the Algorithmic

            Trading Services.           We shall not be liable with respect to any actions, content, features or

services with respect to, or performed by the Third Party Platform, whether solely or in conjunction with any other entity.

2.3. You also agree and accept that the Platform allows You to network with other users or third parties, and share the performance of Your respective portfolio. You understand and agree that We will not be providing any input, advice or advertisement in regard to You sharing Your portfolio on the Platform. You also consent for Your portfolio to be shared on the Platform in accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“RSP Rules”).

2.4. You understand and agree that We may share the Algorithmic Trading System developed for You or any other person with other users of the Algorithmic Trading Services.

2.5. It is Your responsibility to ensure that the details provided by You are accurate. We will collect and store information such as username, name, e-mail address, contact information and payment information, such as card number or UPI-ID in a database. Based on the information provided by You to Us, You may be provided with a login identification (such as a username and password, a guest identification or any other identifier). You are solely responsible for all activities that occur under Your login identification and must notify Us immediately of any unauthorized use or other security breach relating to Your login identification.

2.6. In the event You avail of the Algorithmic Trading Services, We shall collect Your username, password, API and other required details from our broker. You must notify Us of any unauthorized use or other security breach pertaining to Your account with Your broker. You must also notify us of any breach of the terms and conditions with regard to Your contractual agreements with Your broker.

2.7. You shall not host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person and to which You do have any right of use.

2.8. Further, You warrant that the information You provide to Us (and in the event You avail of the Algorithmic Trading Services from the broker – the information You maintain with Your broker) is updated, and that You are bound to inform Us promptly if any change occurs in the information provided under the Clauses 2.5 and 2.6.

2.9. Our Services include periodic delivery to You of offers, discounts or other information that may be of interest to You based on Your stated preferences or Your location.

2.10. We reserve the right to block, disable or delete Your login identification/account, or suspend or terminate Your use of Our Platform or Services, at any time, if in Our opinion, You have failed to comply with any of the provisions of the Terms of Use or any other Policies or agreements between Us and You, or if any details You provide Us in relation to the Terms of Use for using the Platform or availing the Services prove to be false or misrepresented, or if You omit to provide any relevant details in relation to the Terms of Use.

2.11.     You may be asked to provide additional information and take other steps as required for using specific Services.

2.12.       “Services” shall mean the services under Clause 2 of the Terms of Use, as applicable to You.

3.         User obligations

3.1. In accordance with the Intermediaries Rules, You shall not host, display, upload, modify, publish, transmit, store, update or share (“Host”) any information on the Platform that:

3.1.1.    belongs to another person and to which You do not have any right;

3.1.2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

3.1.3.    is harmful to child;

3.1.4.    infringes any patent, trademark, copyright or other proprietary rights;

3.1.5.    violates any law for the time being in force;

3.1.6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

3.1.7.    impersonates another person;

3.1.8. 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 other nation;

3.1.9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

3.1.10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

3.2. You shall not (i) carry out any activity, which is banned, illegal, immoral or objectionable; or (ii) use the Platform, Services or Forums (as defined in Clause 7.4) in any manner or in furtherance of any activity, which constitutes a violation of any Applicable Law or which may cause Us to be subject to investigation, prosecution or legal action.

3.3. You shall only post content and information that is compliance with Applicable Law on the Platform and the Forums and You shall not post any illegal, immoral or objectionable content on the Platform or the Forums. If You are a publisher of news or current affairs and are associated with our Platform or Forums, You shall furnish the details of Your user accounts in accordance with the Intermediaries Rules.

3.4. We have the right to terminate Your access or usage of the Platform or the Services immediately or remove non-compliant information Hosted by You under Clause 3.1, in the event of breach of the provisions of the Terms of Use or any Applicable Law.

3.5. Subject to Privacy Policy, when we collect Your information for registration, We shall retain such information for a period of 180 (one hundred and eighty) days after any cancellation/withdrawal of Your registration or for as long as required under Applicable Law with respect to the purposes for which the information may be lawfully used

4.          Provision of Real-Time Data

4.1. The Company has partnered with authorized data distributors of the Indian stock exchanges, in order to enable You to receive and use certain categories of real-time data. The Company will facilitate the provision of such data on an “as is” and “as available” basis, via Our Platform.

4.2. In the event You subscribe to any of Our plans that entails receiving such real-time data, You shall be governed by the following rules in relation to the use of such data:

4.2.1.    You shall use the data solely for trading for in Your own account, and for You personal end-use.

4.2.2. You shall not communicate or otherwise furnish, or permit to be communicated or otherwise furnished, such data, in any format, to any person/entity, nor allow any such person/entity to access, directly or indirectly, any of the data.

4.2.3. You shall undertake all the necessary technical and organizational measures in order to guarantee the security of such data.

4.2.4.    You shall not disseminate the data to any person/entity;

4.2.5. You shall not create/issue/introduce/license and/or allow any third party or index creator to create/issue/introduce any indices/product linked to such data.

4.2.6. You understand and agree that the data constitutes valuable confidential information, including personal data and sensitive personal data or information.

4.2.7. You understand and agree that You will have no rights (including to the intellectual property rights), title, or interest whatsoever, in and to such data, or in relation to the data.

4.2.8. We do not select or modify the information shared by You or any third-party on the Platform and the same is shared on an “as is” basis.

5.         Algorithmic Trading Services

5.1.       In the event You avail of Our Algorithmic trading Services, inter alia the following provisions shall be applicable to You:

5.1.1. Algorithmic trading involves a substantial risk of loss and is not appropriate for everyone. No representation or warranty is being made that utilizing the Algorithmic Trading Services is suitable for everyone or will result in profitable trading or be free of risk of loss. Before deciding to trade or invest, You should carefully consider Your investment objectives, level of experience, and ability to tolerate risk. The possibility exists that You could sustain a loss of some or all of Your initial investment.

5.1.2. Algorithmic trading involves a substantial risk of loss and You should never make a decision solely based on the information found on the Platform or solely based on the discussions between Us and You.

5.1.3. You acknowledge that before undertaking a decision to avail of the Algorithmic Trading Services, You have made an independent evaluation of the nature and the risks of the Algorithmic Trading Services. By availing the Algorithmic Trading Services, You acknowledge that You clearly understand the nature and risks involved with respect to the Algorithmic Trading Services.

6.         Terms of Payment

6.1. Certain Services available on the Platform (including the Algorithmic Trading Services, as the case may be) are accessible upon payment, and such charges shall be exclusive of the applicable taxes payable by You, including goods and services tax, under Applicable Law.

The charges due and payable from You shall be as per the rates in effect at the time at which it is charged. For purchasing the Services, You shall provide Us with accurate and complete payment information, authorising Us to charge You. In case of failure in making any payment, We will not commence the Services or terminate Your access to the paid Services, as the case may be.

6.2. We use the services of third-party payment gateways for processing Your payment and share the payment information and other identifiers with such third parties in accordance with their terms and conditions. Thus, Your payments shall be in accordance with the terms and conditions of such third-party service provider, and We shall not be responsible or liable for any failed or incomplete fulfilment of any payment instructions issued by You or any actions taken by You in respect of the same. Your bank or other third-party payment intermediaries may charge You currency conversion fees, bank charges and other transaction fees which shall be payable by You.

6.3. We may also pay a certain consideration to You for sharing Your portfolio from time to time and such consideration payable shall be at the sole and absolute discretion of the Company.

6.4.       We reserve the sole and absolute discretion and right to introduce or remove any plans or alter the pricing from time to time.

7.          Limitation of liability

7.1. We do not guarantee, represent or warrant in any manner that Your use of Our Platform and/or Our Services will be uninterrupted, timely, secure or error-free, on account of telecommunication interruptions, internet interruptions, system disruptions, software disruptions or other disruptions. We also do not warrant that the Platform and its servers are free of computer viruses or other harmful mechanisms. If Your use of the Platform or content therein results in the need for servicing or replacing Your computer, mobile or other equipment or data, We are not responsible for any such costs.

7.2. Specifically, if You avail of the Algorithmic Trading Services, We do not guarantee, represent, or warrant that the Algorithmic Trading System shall be free of any errors, crashes, viruses, faults or other harmful mechanisms. No representation or warranty is being made that utilizing the Algorithmic Trading Services will result in profitable trading or be free of risk of loss. Clause 5 shall be deemed to be included under this Clause 7.2.

7.3. We shall not be liable for any damage to Your computer, mobile or other equipment or for loss of data that may result from the download of any content, material, and information from the Platform or use of any software, systems, functionality, or other Services on the Platform.

7.4. Our Platform may contain message boards, chat rooms, or other such communication forums We may also have a presence on social networking websites including but not limited to LinkedIn, Facebook, Twitter, YouTube, Telegram and blogs which are promotional and business initiatives to attract, engage and connect to a larger group of people (collectively, “Forums”).

7.5. We shall not be liable in any way for any content (including, but not limited to, inaccurate, false, erroneous, incomplete, threatening, defamatory, obscene, offensive, infringing, illegal content) posted by third-party users, or for any loss or damage of any kind incurred as a result of the use of any content on Our Platform or the Forums or Our social networking websites. Further, We shall not be liable for any unlawful acts (including but not limited to posting of non-public information in violation of Applicable Laws, misuse of any data, unfair trade practices, fraud, or cyber-crimes) committed by You or Your affiliates, relatives, employees, agents or contractors. In the event, You post information or content that cannot be legally distributed on Our Platforms, Forums or Our social networking websites, You will be subject to legal action and held liable to the appropriate authorities under the Applicable Laws.

7.6. We (and/or Our entities controlled by Us, Our related parties, owners, officers, directors, consultants, contributors, advertisers, affiliates, partners, employees, group companies, agents, representatives or subcontractors or any other associated entities or persons, collectively referred to as the “Associated Entities”) make no representations or warranties, express or implied, with respect to any content (including the Algorithmic Trading Systems and the Algorithmic Trading Services), information, features, software, data, system, functionality, statements and Services contained on this Platform for their accuracy, completeness, timeliness or otherwise. They are all provided on an “as is” and “as available” basis. We and/or Our Associated Entities hereby disclaim all warranties and conditions with regard to these content, information, features, software, data, system, process, functionality, statements and Services, including all implied warranties and conditions of usage, merchantability, fitness for a particular purpose, title, non-infringement, and availability. You understand and accept that the reliance on Our Services is solely at Your own judgment and risk.

7.7. You agree that, from time to time, We may suspend, modify, restrict or remove Our Services for uncertain or indefinite periods of time or cancel the Services at any time, without notice to You.

7.8.       Any information, including in the nature of advice and/or suggestion received by You may not be from subject experts and You must obtain specialist or professional advice before taking or not taking any action on the basis of the information made available on the Platform.

7.9. You acknowledge that third-party links on Our Platform may direct You to third-party sites or pages or applications that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy of such sites or pages or applications, and We do not warrant and will not have any liability or responsibility for any third-party materials or websites or pages or applications, or for any other data, information, products or services of any third-parties.

7.10. We may provide You with access to third-party tools which We neither monitor nor have any control over. You acknowledge and agree that We provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of such optional third-party tools. Any use by You of the optional third-party tools offered through the Platform is entirely at Your own risk and discretion, and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

7.11. We and/or Our Associated Entities shall, in no event, be liable to You for any direct, indirect, punitive, incidental, special or consequential damages, losses or liabilities or for any claims, liabilities and/or loss (direct or indirect) arising out of or in any way connected with the use of this Platform, Forums or the Services (including Algorithmic Trading Services if You avail of them), or for any consequences arising out of information submitted by You, or on account of Your inability to use this Platform or the Services (including Algorithmic Trading Services if You avail of them), or for any content, information, features, software, data, system, functionality, statements and Services obtained through this Platform, or otherwise arising out of the use of this Platform, whether based on contract, tort, strict liability or otherwise.

8.          Indemnification

8.1. You shall indemnify, defend and hold harmless, Us and Our Associated Entities, from any and all (whether direct or indirect) claims, costs, fees (including court, litigation or attorneys’ fees), damages (including any direct, indirect, punitive, incidental, special or consequential damages), liabilities and/or losses imposed on, incurred by or asserted as a result of or related to: (a) Your access and use of the Platform, Forums and/or the Services (including the Algorithmic Trading Services, if You avail of them) and any other terms agreed between You and Us; (b) any non-compliance with the Terms of Use hereof or any other terms agreed between You and Us; or (c) any third-party actions relating to the access/use of Our Platform or Our Services, whether authorized or unauthorized.

9.          Intellectual property rights

9.1. All content on the Platform (including but not limited to software, text, images, graphics, audio and video), and the Algorithmic Trading System (if You avail of the Algorithmic Trading Services) constitutes Our exclusive property. We possess all the intellectual properties therein (“Protected Material”) and all the rights, title and interest thereto in relation to any information or content created in connection with such Protected Material.

9.2. You shall not copy, modify, reproduce, republish, transmit, post, distribute, use or appropriate the Protected Material in any form without Our prior written permission. Unauthorized use of the Protected Material may violate copyright, trademark and other Applicable Laws, and could result in criminal or civil penalties under Applicable Laws.

9.3. Subject to Our Privacy Policy, all information derived as a result of the Services provided on the Platform shall be owned by Us, and We shall have the right to utilize such information in a manner We deem fit.

9.4. To the extent We are not considered the owner of the intellectual property with respect to any information created or developed by You in connection with the Platform or the Services provided on the Platform under Applicable Law, You hereby assign us all rights, titles, interests and intellectual property rights (including without limitation, patent rights, copyrights, trade secret rights, moral rights, and other rights) in such information created or developed by You (including Your portfolio on the Platform, as the case may be).

10.       Severability

10.1. If any term, provision, covenant or condition of these Terms of Use is held void, invalid, illegal or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired in any manner.

11.        Entire Agreement

11.1. These Terms of Use constitutes the entire agreement between You and Us, and no other agreement, written or oral, exists between Us.

11.2. You acknowledge and represent that You have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance with respect to agreeing to these Terms of Use.

12.        Assignment or Transfer

12.1. The rights and/or obligations granted to You under these Terms of Use are not assignable or transferable, in whole or part, and are personal to You. The Company reserves this right and at its sole and absolute discretion, can assign or transfer its rights and obligations under these

Terms of Use (or any part thereof) to any Associated Entity or to another entity in connection with a corporate transaction, or any other commercial arrangement, or otherwise.

13.       Termination

13.1. You agree that We may, in Our sole and absolute discretion and without prior notice, terminate Your access to the Platform and/or the Services and block Your future access to the Platform and/or Services if We determine that You have violated the terms and conditions of these Terms of Use or other Policies. These remedies are in addition to any other remedies which We may have at law or in equity.

13.2.     In addition to Clause 13.1 above, We may, at any time, with or without notice, terminate these terms of the Terms of Use with You if:

13.2.1. We are required to do so by Applicable Law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;

13.2.2. The provision of the Services to You by Us is, in Our sole and absolute discretion, no longer commercially viable;

13.3.3. We elect to discontinue, with or without reason, providing Our Services and/Our Platform (or any part thereof);

13.3.4. In the event We face any unexpected technical issues or problems that prevent the Platform and/or Services from working;

13.3.5. You breach any of the Terms of Use, Policies or any other terms agreed between You and Us;

13.3.6. You breach any Applicable Law; or

13.3.7. You assign or transfer (or attempt the same) any rights and/or obligations granted to You under these Terms of Use.

13.4.     Termination of Your account may include:

13.4.1. removal of access to all offerings within the Platform or access to the Services;

13.4.2. disabling access to the account information, including Your personal information, login ID and password, and all related information, files and materials associated with Your account

(or any part thereof), and any user content uploaded by You; and

13.4.3. prohibiting further use of the Services.

13.5. You agree that termination shall be made at Our sole and absolute discretion and We shall not be liable to You or any third party for any termination of Your account (and accompanying deletion of Your account information), or Your access to the Platform and Services.

13.6.     Upon termination of these Terms of Use, all rights granted to You will terminate and revert to Us. Regardless of the reasons for termination of these Terms of Use, the fee charged if any for access to the Platform or the Services is non-refundable.

13.7. The provisions that by its nature should survive the expiration or the termination of the Terms of Use shall remain in effect after the expiration or termination of this Agreement including

but not limited to provisions relating to limitation of liability, indemnification, intellectual property rights and confidentiality shall survive such expiration or termination.

14.       Force Majeure

14.1. If the performance of any Services or obligations under the terms and conditions of these Terms of Use or any other provisions of the Policies, by Us or other third parties in the fulfilment of associated transactions (for e.g., payment gateways etc.) is prevented, restricted, delayed or interfered with on account of a Force Majeure Event (as defined below), then We (or associated third-parties) shall be excused from such performance to the extent of and during the period of such Force Majeure Event.

14.2. A “Force Majeure Event” shall mean any event that is beyond Our reasonable control and shall include, without limitation, sabotage, fire, flood, earthquakes, explosion, acts of God, pandemics, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, natural disasters, acts of government, computer hacking, unauthorised access to the computer, computer system or computer network, computer crashes, system failure, breach of security and encryption (provided it is beyond Our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity.

15.       Communications

15.1. When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us electronically, and You consent to receive communications electronically from Us periodically, and as and when required.

15.2. We will communicate with You by email or by notices on the Platform or electronic records on the Platform or on Your mobile number which will be deemed adequate service of notice.

Further, You hereby authorize and give consent to Us and Our third-party service providers, to send You, from time to time, various information, alerts, SMS, messages, calls or commercial communications, and other such communications on Your registered mobile number, whether or not Your number is registered with National Do Not Call Registry, or listed in National Customer Preference Register. You also confirm that You are consenting to receive such communications, and You will not hold Us or Our third-party service providers liable, or institute any complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time. This service will be auto renewed every month and if You wish to terminate this service, please write an email to sup[email protected] or call Our support number at +91-9847181078

16.       Privacy and Confidentiality

16.1. Your use of the Platform is governed by Our Privacy Policy. Please read Our Privacy Policy.In an event of an inconsistency between the Privacy Policy and the Terms of Use, provisions of the Privacy Policy shall prevail.

16.2.         You agree to keep all the information and data with respect to the Platform and the Services

            (unless   such   information   or   data   is   already   publicly   available   on   the   Platforms)

(“Confidential Information”) strictly confidential.

16.3. You agree that you shall maintain such Confidential Information using at least a reasonable degree of care.

16.4. You may only disclose such Confidential Information if required under Applicable Law, provided that You shall provide notice to Us should any such disclosure requirement arises and such disclosure shall be mutually agreed upon, as practicable. You may disclose such Confidential Information under Applicable Law only to the extent required.

17.        Feedback

17.1. You agree and accept that, any creative ideas, suggestions, information, proposals, plans, feedback or other materials, whether online by email, postal mail or otherwise (“Feedback”), You provide Us, shall be deemed to be non-confidential, and We reserve the right to use such Feedback in any manner We deem fit, in any medium, without any restriction.

17.2. We may, but shall have no obligation to, respond, monitor, edit or remove any Feedback appearing on the Platform that We determine in Our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or other rights, or of these Terms of Use.

17.3.     Further, by submitting the Feedback, You represent and warrant that:

17.3.1. Your feedback does not contain confidential or proprietary information of anybody including yourself or other third parties. You further agree that Your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or the Platform.

17.3.2. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback You make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by You or any third party.

17.3.3. We are not under any obligation of confidentiality, express or implied, with respect to the Feedback.

17.3.4. You are not entitled to any compensation or reimbursement of any kind from Us for the Feedback under any circumstances.

17.3.5. We may at Our sole and absolute discretion, make any modifications or changes to the Platform, the content therein and/or Services on the basis of such Feedback, however, We shall not be obliged to do so. Further, in the event that We make any changes or modifications to the Platform, the content therein and/or Services on the basis of any such Feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Platform, the content therein and/or Services.

17.3.6. You hereby waive all rights under Applicable Laws in relation to any changes or modifications that the Company may make in relation to the Platform, the content therein and/or Services, pursuant to the Feedback.

18.       Governing law and jurisdiction

18.1.      These Terms of Use shall be governed by and construed in accordance with the laws of India.

18.2. We and You shall make all reasonable endeavours to settle any dispute, difference or claim arising out of or in connection with these Terms of Use amicably through negotiations. Any dispute arising out of or in connection with these Terms of Use that is not settled by negotiations within 30 (thirty) days of a notice being given by either party, shall be subject to the jurisdiction of the courts of Bangalore, Karnataka, India.

19.       Contact Information

19.1.     Questions about the Terms of Use should be sent to Us at [email protected].

19.2. We are committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any user concerns through our grievance cell.

19.3. All grievances related to the use of Platform, the Services, the Terms of Use and the Policies (“Complaint”) shall be addressed to Sooraj (the “Grievance Officer”). The following are the details with respect to the Grievance Officer: (i) e-mail address: [email protected]; and (ii) mobile number: +91 9633877377 for raising any grievances. The Grievance Officer shall acknowledge the Complaint raised by You within 24 (twenty-four) hours of the receipt of such Complaint.

19.4. The Grievance Officer shall redress the Complaints expeditiously but within 1 (one) month from the date of receipt of the Complaints in accordance with the RSP Rules.

My signature below acknowledges that I fully understand and agree with the terms and conditions stated above