The Services provided herein is only for Customers who are Indian citizens and tax resident of India.
Eligibility to Use:
You are of 18 (eighteen) years of age or older and in case You are acting as guardian on behalf of a minor, You have the necessary authority to register/sign up on the Platform for availing the Services on behalf of the minor;
You are of legal age to form a binding contract and are not a person barred from receiving the Services as being provided through the Platform, under the applicable laws. CompoundingGems reserves its right to refuse access to the Platform to new Users and any such User who has been suspended or removed from the Platform by CompoundingGems, for any reason whatsoever, shall not been entitled to avail the Services hereof; and
You are aware and You accept that all information, content, materials, products on the Platform is protected and property of CompoundingGems.
Except for Your own personal and non-commercial use, You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, Services available from or through the Platform.
You acknowledge that the software and hardware underlying the application of Platform, as well as other internet related software which are required for accessing the Platform are the legal property of either Company or its respective third-party vendors. The permission given by the Company to access the Platform will not convey any proprietary or ownership rights in the Platform software/hardware. You agree that You shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying the Platform or create any derivative product based on such software/hardware.
You understand and accept that not all the products and Services offered on this Platform are available in all geographic areas and further You may not be eligible for all the products or Services offered by Company on the Platform. The Company reserves the right to determine the availability and eligibility for any product or service offered on the application.
You understand and accept that the Company is not responsible for the availability of content or other Services on third party sites linked from the Platform. You are aware that access of hyperlinks to other internet sites are at Your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by the Company in any way. The Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or Services or products that are available or advertised or sold through these third-party platforms
You agree the money You invest and the payment of financial adviser fees on the Platform is from Your bank account (primary holder’s bank account in case of investment account held jointly), and the same is from legitimate sources and remitted through approved banking channels;
You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an Account with the Platform;
You agree to make an informed independent investment decision by reading the offer documents that You are investing in; and
Before investing, You shall seek independent financial planning, legal, accounting, tax or other professional advice, if required from competent professionals.
USER ACCOUNT, PASSWORD AND SECURITY
In order to access the Services on the Platform and Your account (“Account”) on the Platform, You will have to register on the Platform by providing details including but not limited to the following:Anonymous Information - Information that cannot be used within bounds to recognize and establish the identity of a person.
Mobile number, first name, last name and email;
Profile picture, address and any other optional information collected for creating Your account on the Platform;
CompoundingGems has developed a social network that helps You in Your investment decision by taking cues from Your contacts. Hence if You agree to provide access, we shall collect information from Your device’s phonebook. CompoundingGems platform is structured around social connections. If Your phone contacts are made available to the Platform, it allows You to learn from Your phone contacts through feature sets incorporated in the Platform.
We may also ask You for certain financial information, including Your billing address, bank account details, credit card number, expiration date and/or other payment related details or other payment method data, and debit instructions or other standing instructions to process payments for the Services. We may ask you to provide certain additional information about You on a case to case basis. We do not display any of Your financial information to any other user on the Platform except You.
Your Account will permit availing of Services of SEBI Registered Intermediaries (“Platform Publisher”) comprising of Registered Investment Advisers (“IA”), Research Analysts (“RA”), Portfolio Managers (“PMS”), Mutual Funds (“MF”) or any other experts on the Platform, if Your Know Your Client (“KYC”) verification is in accordance with the KYC guidelines issued by the Securities and Exchange Board of India (“SEBI”) or any other relevant guidelines based on the information provided by You including personal information.
You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.
You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account and also agree to keep Your login credentials safe and confidential at all times. You further agree to promptly change Your login credentials and inform the Company immediately in case of any actual or suspected unauthorized use of Your Account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other User or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
You need to register for availing the Services of Platform Publishers provided through the Platform after providing requisite information. By registering, You certify that all information You provide, now or in the future, is accurate. You also agree to provide the Company with any updates in Your contact or other personal details at all points of time. You agree to allow the Platform to share:
Your personal information with Platform Publishers that You have availed Services from on the Platform to enable them to provide said Services and for regulatory compliance;
Your PAN and name with a service provider that does a completeness check;
Your Other financial information with a payment gateway provider to process payments for Services;
Investment details with online and / or offline brokers that You chose to share information with.
Platform Publishers have agreed to provide Services to You through the Platform to disseminate their Services (as defined below), as Investment Advisers, Portfolio Managers, Research Analysts Mutual Funds or as an expert, with respect to the securities listed or to be listed on the stock exchange:
You, through registering on the Platform, have agreed to obtain the Services of the Platform Publisher for all or any of the following Services:
An interface for SEBI registered IA/RA/PMS/MF or an expert to share opinions, views, articles etc. with You on the Platform.
Any other advisory service provided by the SEBI registered IA/RA/PMS/MF that the Company agrees to undertake to enhance the client outreach of Platform Publishers.
You have registered to the Platform to receive the Services through Company’s Platform. You acknowledge and agree that the Services of the Company is limited to providing a Platform to You to receive all or any of the above Services of the Platform Publisher.
It is hereby clarified that the Company is not rendering the Services, and it is merely providing a Platform/marketplace to You and Platform Publishers. It is to be noted that Company shall not be liable in any manner with respect to the investments made by You, on the basis of the Services provided by the Platform Publishers.
As part of the Services provided to You, after availing such Services, You agree to provide honest feedback/review about the concerned Services obtained, if required by the Company.
ANONYMOUS POLICY FOR CONTRIBUTORS
The Company understands that some of the contributors may have a limitation in being able to disclose their name due to other commitments. We believe that millions of users desire rigorous & insightful research and opinion on stocks & sectors and the ideas are more important than the author’s name. Contributors can choose to stay anonymous ensuring that You can read their content without linking it to them.
COPYRIGHT & NO RETRANSMISSION OF INFORMATION
The Platform as well as the design and information contained in it, is the valuable and exclusive property of the Company and the Platform Publishers with which the Company has an agreement to the effect thereto. Nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to You or any other person or entity. All information on the Platform is proprietary and confidential property and cannot be repeated or replicated for any reason outside the Platform. You agree not to repeat or replicate or rebroadcast in any way information made available on the Platform for any reason whatsoever. You agree that if You do repeat or re-post any of the information on the Platform by any means, You will be liable for actual and punitive damages as determined by the Company and additional damages to be determined by a court of Law in Mumbai, India.
You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by the Company prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the contents of the Platform , any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by the Company prior to such use. In addition, You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Platform without prior written authorization. Except as set forth herein, any other use of the information contained in the Platform requires the prior written consent of the Company.
REPRESENTATIONS BY USERS/YOU
You understand and represent the following:
You agree and understand that the information accessed through the Platform is in the nature of analysis/advice prepared by Platform Publishers.
You understand that You should not make investment decisions based on the general information contained on the Platform without consulting with duly registered and qualified advisors either through the Company’s Platform or independently and that, if You choose to engage in any transaction with or without seeking advice from a duly registered and qualified financial advisor, based upon general information/content published on the Platform, then such decision and any consequences flowing therefrom shall be Your sole responsibility.
You understand that the Company only shares a contractual relation with Platform Publishers, merely providing a Platform or market place for distribution of their services through the Platform. You represent that You will not hold the Company liable for any act of the Platform Publisher, including but not limited to, any representation, the content, information sent/uploaded in the form of portfolios, e-mails, SMS, newsletters, reports, etc.
You understand that the Company will only resolve Your complaints with respect to the Platform. The Company shall not address any complaints that You may have with respect to the content and information supplied to You by the Platform Publishers.
In case of any dissatisfaction with the Services, You shall first file a formal complaint with the customer service of the Company, prior to pursuing any other recourse. The complaints can be lodged at firstname.lastname@example.org and upon lodging a complaint You agree to provide complete support to the customer service team with such reasonable information as may be sought by them.
You represent that You shall not distribute to third parties, the information accessed by You through registering for the Services, with or without consideration.
You understand and represent that the Company itself does not provide through the Platform or any other medium any kind of execution services for purchase or selling of marketable securities (stocks, mutual funds, ETFs etc.) (“Execution”). That the Platform shall integrate with third party Execution service providers and that You shall take Your own decision on whether or not to utilize these Execution services provided by third party. Neither the Platform Publisher, nor the Company will be responsible for Execution decisions that you decide to undertake.
You acknowledge and agree that all decisions regarding risk assessment, asset allocation, choice of investments, expected performances and risks and operations of the Services of the Platform Publisher have been understood by him and taken with his own concurrence.
You acknowledge that the Company, its representatives and associate companies are not fiduciaries with respect to his decision to enter into this Agreement and avail the Services.
You understand that the Platform Publishers, providing various Services may themselves trade in the securities listed on the stock exchanges. Such trading by the Platform Publishers shall be in accordance with the respective applicable rules and regulations. In the circumstances wherein the Platform Publishers acts contrary to the legislative framework, You understand and agree that the Company shall not be liable for such acts.
YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK.
THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PLATFORM AT ANY TIME. THE PLATFORM MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS. THE COMPANY (AND ITS OWNERS, SUPPLIERS, CONSULTANTS, ADVERTISERS, AFFILIATES, PARTNERS, EMPLOYEES OR ANY OTHER ASSOCIATED ENTITIES, ALL COLLECTIVELY REFERRED TO AS ASSOCIATED ENTITIES HEREAFTER) SHALL NOT BE LIABLE TO YOU OR MEMBER OR ANY THIRD PARTY SHOULD THE COMPANY EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE ANY OR ALL OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THE PLATFORM.
THE COMPANY AND/OR ITS RESPECTIVE ASSOCIATED ENTITIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS, INFORMATION, FEATURES AND SERVICES CONTAINED ON THE PLATFORM FOR ANY PURPOSE. ALL SUCH CONTENTS, INFORMATION, FEATURES AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS ASSOCIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE CONTENTS, INFORMATION, FEATURES AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY.
IN NO EVENT SHALL THE COMPANY AND/OR ITS ASSOCIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM OR WITH THE DELAY OR INABILITY TO USE THE PLATFORM, OR FOR ANY CONTENTS, INFORMATION, FEATURES AND SERVICES OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS ASSOCIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE
EQUIPMENT AND OPERATIONS
You shall provide and maintain all telephone/internet and other equipment necessary to access the Platform and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by You. You are responsible for operating Your own equipment used to access the Platform. That Platform shall not be held accountable for losses occurred due to inefficiencies in mobile or internet connections.
You acknowledge that the information provided through the Platform is compiled from the Platform Publishers, which are beyond the control of the Company. Though such information is recognized by the Parties to be generally reliable, the Parties acknowledge that inaccuracies may occur and the Company does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, under this Agreement, You assume all risk of errors and/or omissions in Platform, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy Your own requirements for the accuracy and suitability of the Platform, including the information, and for maintaining any means, which You may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the Agreement.
LINK TO THIRD PARTY SITES
The external links in the Platform will allow You to leave the Platform. The linked sites are not under the control of the Company. The Company has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked external site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by the Company of the site.
If there is any conflict between this Agreement and other documents, this Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of the Company.
You agree to keep the information received from the Platform CONFIDENTIAL and will NOT disclose the knowledge gained to other person or firm for any reason. You hereby consent to the Jurisdiction of the Courts of Mumbai, India with respect to violation of any part of this Agreement. You expressly agree that You will be financially liable for actual and punitive copyright infringement and loss-of-business damages awardable to the Company and/or its associate companies if You derive any or all of Your income from a stock or financial-services related to the Platform and/or We find that You have copied, made derivative works from, or in any other way duplicated the proprietary information located on the Platform (including but not limited to graphics, trading systems and methods etc.). The information and commentaries are not meant to be an endorsement or offering of any stock purchase. The Company and the employees of the Company do not represent themselves as acting in the position of an investment advisor, broker, or investment manager, research analyst etc. for the use of the information in this service. You understand that when You choose to access the Services of Platform Publisher through the Platform of the Company, the Platform Publisher is providing its Services to You and only using the Platform of the Company to do so.
This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons:
Immediately by the Company for any unauthorized access or use by You;
Immediately by the Company if You assign or transfer (or attempt the same) any rights granted to You under this Agreement;
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 User Agreement, all rights granted to You will terminate and revert to the Company. Except as set forth herein, regardless of the reason for cancellation or termination of this Agreement, the fee charged if any by the Platform Publisher through the Platform is non-refundable for any reason.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
If the whole or any part of the performance of the respective obligations of the Platform hereunder is prevented or delayed by reasons of natural calamities, act of God, war, arson, civil disturbance, unavailability of any communication system including internet, breach or virus in the processes or payment mechanism, sabotage, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, breach of security and encryption codes and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent Platform shall be prevented or delayed from performing all or any part of their respective obligations under this Agreement despite due diligence and reasonable efforts to do so, then Platform shall be excused from performance hereunder for so long as reasons of Force Majeure Event continue. A Force Majeure Event shall not affect Your payment obligations unless there is legal bar / embargo to the making of the payments.
THIRD PARTY CONTENT
The Company may provide and display content on the Platform which features specific articles/write ups by third parties in relation to the mutual fund and stocks. You hereby agree and acknowledge that such content displayed on the Platform does not represent the views and/ or recommendations of the Company and You shall always take the advice either from the Platform Publisher or Your own professional advisor prior to making any investment of the type discussed in the information. The general information provided at the Platform does not constitute a solicitation by the Platform of the purchase or sale of securities. You may also be allowed to post and comment on such content on the Platform and You hereby undertake to ensure that such comments shall not be defamatory, abusive, pervasive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of applicable law(s). You may also not indulge in cyber stalking, become or create a nuisance for any visitor / User of the Site.
This Agreement constitutes the entire agreement between the Platform and Yourself, and no other agreement, written or oral, exists between You and the Company in relation to the use of the Platform. By using the information on the Platform, You assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by You. 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 You or any other individual. The general information provided at the Platform is not intended to provide tax, legal or investment advice. That You should obtain the advice either from the Platform Publisher or Your own professional advisor prior to making any investment of the type discussed in the information. The general information provided at the Platform does not constitute a solicitation by the Platform of the purchase or sale of securities (Except the Portfolios published by the Platform Publishers who are duly registered SEBI Intermediaries).
The right to use the Services is personal to You and is not transferable by assignment, sublicense, or any other method to any other person or entity.
INTELLECTUAL PROPERTY RIGHTS (“IPR”) INFRINGEMENT DISCLAIMER
The Company runs the Platform in a bonafide and innocuous manner and also may publish/share third parties on the Platform. You hereby agree and acknowledge that the contents published of the third parties/ Users are solely their actions/ views and the Company does not hold any responsibility with respect to any direct or indirect infringement of Trademarks, Copyrights, Designs or such applicable laws governing Intellectual Property Rights at any time.
The Company shall not be held liable for any infringement of IPR that may arise out of materials posted on or transmitted through the Media, or items advertised on the Media, by the Users or any other third parties in any manner whatsoever. We carefully avoid breaching of intellectual property rights belonging to others and advise that the User or such third parties posting the Media, or the Services or features made available on or through the Media not conflicting with any existing IPRs.
The Company also reserves the right for indemnification against any liability which may arise due to such infringement and shall recover the loss suffered from such concerned third party. We follow a strict process to take down the content which may be affecting the right of any other party. If You believe that Your work has been copied in a way that constitutes IPR infringement, please forward the following information to the Company at email@example.com.
A physical or electronic signature of a person authorized to act on behalf of the IP owner for the purposes of the complaint.
Identification of the work claimed to have been infringed.
Identification of the material on our Platform that is claimed to be infringing or to be the subject of infringing activity.
The address, telephone number or e-mail address of the complaining party.
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of, is not authorized by the content owner, its agent or the law.
A statement, under penalty of perjury, that the information in the notice of IPR infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
You hereby expressly agree to receive communication (including transactional messages) or by way of SMS and/or E-mail or through WhatsApp from the Company or any third party in connection with the Services or Your registration on the Platform. You can unsubscribe/opt-out from receiving communications through SMS and e-mail anytime by writing to us on firstname.lastname@example.org.
© 2021. All rights reserved – Compounding Gems Inc.