Terms & Conditions
Estee Advisors Pvt Limited (hereinafter referred to as “EAPL”) is registered with the Securities and Exchange Board of India as Stock Broker with registration number INZ000170130 and registered with BSE Star with code 24408 for mutual fund transaction facility, offers services related to investments such as tracking and investing in mutual funds, stocks, etc. The User agrees and understands that the execution service in respect of mutual funds provided on the Website/App are only with respect of select mutual fund schemes as determined by EAPL from time to time.
The ECPL and EAPL are group companies and EAPL is authorized to provide its services to the Users on the Website/App under a license agreement with ECPL.
- “User shall mean the persons 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 the Terms and Conditions and that You agree to be bound by the Terms and Conditions. While individuals under the age of 18 may utilize the service of the Website/App, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such parent/legal guardian’s registered account. In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the Terms and Conditions and to access, use and avail of the Website/App. If You do not qualify, please do not access or use the Website/App. This Website/App is primarily intended for the use by resident Indians. Any use/access of the Website/App by any person who is not a resident of India (“non-residents”) shall do so at their sole responsibility including agreeing that their use/access of Website/App and/or availing any services offered on Website/App would not constitute breach by them under applicable laws and you will be solely and absolutely liable for any liability incurred by You in India and in that regard indemnify ECPL/EAPL and keep indemnified ECPL/EAPL against any liability incurred by ECPL/EAPL
- “Website/App” Website shall mean www.gulaq.com and App refers to GULAQ Android & iOS application
- “AMC” An asset management company (AMC) is a company that invests its clients’ pooled funds into securities through mutual funds.
- “SEBI” means the Securities & Exchange Board of India.
- “KYC” KYC shall mean all requirements with respect to KYC Registration Agency as per the SEBI KYC (Know Your Client) Registration Agency Regulations, 2011 and/or the SEBI Master Circular along with SEBI Circular e-KYC and all other circular issued from time to time for a user to compliant with.
- “Offer Documents” shall mean the Statement of Additional Information, Scheme Information Document, Key Information Memorandum and addenda issued from time to time by AMC.
- “Laws” shall mean all laws, ordinance, statutes, rules, orders, decrees, injunctions, licences, permits, approvals, authorisations, consents, waivers, privileges, agreements and regulations of any Governmental authority having jurisdiction over the relevant matter as such which are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time to time hereafter.
- The User agree to provide all the necessary information and documents to EAPL so as to enable EAPL to complete User’s Know Your Client (“KYC”) verification with a KYC Registration Agency (KRA), registered under the Securities and Exchange Board of India (KYC Registration Agency) Regulations, 2011, including EKYC or CKYC or any other process as specified in SEBI/AMFI circulars from time to time. Such KYC verification is required to comply with the SEBI Master Circular dated July 04, 2018 issued on Guidelines on Anti-Money Laundering Standards and Combating the Financing of Terrorism /Obligations of Securities Market Intermediaries under the Prevention of Money Laundering Act, 2002 and rules framed there under (as amended from time to time) and any other circulars issued thereunder by SEBI/AMFI. And user also agrees to update change, if any, in the aforesaid information in the records of KYC registration agency and inform EAPL on immediate basis.
- User have read and understood the contents of the offer documents like Scheme Information Document, Statement of Additional Information, Key Information Memorandum, Instructions and agree to abide by the terms and conditions, rules and regulations of the Mutual Fund/Scheme and online facility in which user invest.
- User confirms that He/She has neither received nor have been induced by any rebate or gifts, directly or indirectly, in making this investment and no obligation was imposed on the User to avail the execution services offered by EAPL.
- User confirms that in the event the User(s) is / are non-resident Indian(s) or overseas citizen(s) of India, that funds are remitted from abroad through approved banking channels or from the NRE / NRO / FCNR Account.
- All payments should be through legitimate source and should be in compliance with the policies and guidelines laid down by RBI, NPCI, SEBI, through his / her own Bank Account only and in case of a joint Bank Account you shall be one of the holder of such Bank Account and should also be authorized by the other Bank Account holder for making such purchase and the said investments do not contravene any Act, Rules, Regulations, Notifications or Directives of the provisions of the Income Tax Act, Anti Money Laundering Laws, Anti-Corruption Laws or any other applicable laws enacted by the Government of India from time to time or any other regulatory body.
- User confirms that the all details provided by him / her are true and correct and will produce any documents / undertaking as may be required by EAPL/AMC/RTA for verification.
- Acknowledges and agree that EAPL has entered into an agreement with AMC and in event of termination of agreement or in case of any other event the AMC may at its sole discretion discontinue providing information in relation to transaction by the User in mutual fund scheme through Website/App to EAPL then User will directly contact/coordinate with AMC and submit transactions through other modes of transactions as permitted by the AMC.
- User hereby confirms that the AMC is not privy to any arrangement or agreement that the User may have with EAPL and EAPL shall promptly intimate the termination of such agreement or arrangement and on getting the intimation as provided above, the concerned AMC will discontinue sharing of the information with EAPL and the concerned AMC shall not be responsible for any information shared with EAPL post termination of the User’s arrangement/agreement with EAPL on account of failure on part of EAPL to intimate such termination to the concerned AMC.
- User confirms that the AMC / EAPL / RTA shall, at its sole discretion, hold an unfettered right to reject any application / transaction by the User in mutual fund scheme through Website/App where any data, information, document and/or detail provided by the User is determined to be discrepant, inaccurate, false, incomplete or erroneous, misleading, incorrect, ambiguous, and Cancel allotment of Units and refund the amount or in case Units have been allotted, freeze the folio or redeem the Units at applicable NAV without any liability or responsibility for any loss or damages suffered by the User of any nature. The User also agrees that the decision of the AMC in such a situation shall be final and binding on the User. In case i have entered wrong/third party bank details at the time of signup, I agree to co-operate with AMC / EAPL / RTA to provide incremental details as may be required by AMC / EAPL / RTA to complete verification otherwise your transaction is liable to be rejected by AMC/EAPL / RTA.
- I/We hereby confirm as this is an ‘execution-platform’ transaction, execute through BSE Star without any interaction or advice by the employee/relationship manager/sales person of EAPL. EAPL has not charged any transaction fees on the transactions.
- User allows EAPL and ECPL to collect Personal Information and/or Sensitive Personal Information (as defined under Information Technology Act, 2000 read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011) for the purpose for which it has been authorised to collect such information; and EAPL or the concerned AMC/RTA to use such Personal Information and/or Sensitive Personal information.
- User hereby allows EAPL to provide electronic confirmation feeds to the AMC regarding acceptance of the Terms and Conditions by the User for doing online electronic transaction and such other confirmation/document/details as may be required by the AMC from time to time relating to the User as may be required under applicable laws.
- You agree and acknowledge that all transactions done through any Execution platform owned/ developed or managed by ECPL will be tagged with the SEBI Code of Estee Advisors Pvt Ltd i.e. INZ000170130.
- We may engage with third parties to promote our product and services through their platforms. Users accessing our Website through such platforms will be subject to the terms and conditions set out herein. For the sake of clarity, such third parties shall not be responsible for rendering of the services, which shall at all times be provided by EAPL.
- User authorize EAPL to share his / her Signatures with Mutual Fund, AMC, RTAs and the Trustees, available on the records of the KYC Registration Agency (“KRA”) or CKYC for authenticating and processing of requests.
- User hereby authorize ECPL and EAPL & its representatives & agents to provide Promotional information about various products, offers and services provided by them or their group companies through any mode including telephone calls, Emails, SMS, letters etc. and you confirm that laws in relation to unsolicited communication referred in “National Do Not Call Registry” as laid down by “Telecom Regulatory Authority of India” will not be applicable for such information/ communication.
- User hereby give consents to the concerned asset management company (“AMC”) sharing information, in good faith with EAPL, in any manner, about any transaction by the User in the mutual fund scheme executed through Website/App and acknowledges that EAPL would be privy to the transaction information.
- User understands that while make investment through ECPL platform, investment amount directly goes to BSE Star’s account and at no time, EAPL receives the investment amount so in event of any failures in the link or for any fraud at the payment gateway’s end or the bank’s end at the time of making such payment EAPL shall not be liable for claims/damages of any nature.
- Terms & Conditions for GULAQ Free Mutual Fund Investment Account
- GULAQ Free Mutual Fund Investment Account (“Free Forever Investment Account”) entitles the users of GULAQ App to enjoy host of features of the GULAQ Mutual Fund Investment Account (“Investment Account”) and experience the most simplified and hassle-free mutual fund investments for free.
- The terms and conditions herein, inter-alia, govern the eligibility for Free Investment Account and other conditionality.
- GULAQ Free Mutual Fund Investment Account (“Free Forever Investment Account”) entitles the users of GULAQ App to enjoy host of features of the GULAQ Mutual Fund Investment Account (“Investment Account”) and experience the most simplified and hassle-free mutual fund investments for free.
- The terms and conditions herein, inter-alia, govern the eligibility for Free Investment Account and other conditionality.
- Users who have created the Investment Account are eligible for Free Mutual Fund Investment Account till 31 st Dec 2019.
- EAPL reserves the right in its sole discretion to discontinue, cancel or suspend the Program at any time without any prior intimation.
- EAPL reserves the right to modify these terms and conditions, including the timelines as prescribed above, at any time without any prior intimation and it is the User’s responsibility to always review the Terms and Conditions prior to carrying out any transactions through the App or website. The revised, modified or amended Terms and Conditions will be posted on the app and Website and, by accessing and using the app/website after such revision, modification or amendment is posted, the User is deemed to have consented to such revised version of the Terms and Conditions.
Applicable Only in case of Referral Code Plan
- New users who have opened the Investment Account with GULAQ through invitation by using the unique referral link/code will be eligible for Free Investment Account only if such account is opened within 14 days of receipt of such invitation.
- New users who have opened Investment Account with GULAQ without any invitation / referral link /code may become eligible for Free Mutual Fund Investment Account by inviting their friends to open Investment Account with GULAQ App provided that the referee/invitee opens such Investment Account within 14 days from the date on which the unique referral link/code is sent to him. In the event where the new user sends the invite, his account will remain active for a period of 30 days. If on the expiry of 30 days, the referral is not successful, the User’s account may be converted into a paid Investment Account and he will be required to pay charges as applicable for Investment Account.
- A referral is considered to be successful only when the referee completes all the formalities for opening of Investment Account on GULAQ App, which includes submission of his KYC related information / documents within the timelines prescribed above.
- In case a person is referred by more than 1 person, the referral will be attributed to the referrer whose unique referral link/code the referee has used while installing the GULAQ App.
- EAPL will be entitled to convert a User’s GULAQ Free Investment Account into paid Investment Account in the event of any irregularity or dispute, or where this Program is being misused by any participant. In this respect, the decision of the Company alone shall be final and binding.
- Transactions will be completed only after successful transfer of money from the User’s bank account registered with EAPL Services.
- Transactions once completed cannot be cancelled.
- In case of successful transfer of money but failure of investment transaction, money would be refunded within 7 Working days to the registered bank account.
For information regarding a fund’s investment objectives, load, expenses and risk considerations, please download the offer document/scheme document. Please read the offer document of relevant mutual fund scheme carefully before investing.
Investments in mutual funds and securities are subject to market risks and the NAV of the schemes may fluctuate depending upon the factors and forces affecting the securities market including inter alia fluctuations in the interest rates. There can be no guarantee that a scheme’s investment objectives will be achieved. All dividend distributions are subject to the investment performance of the schemes. The investments made by the schemes are subject to external risks. The User shall consider the performance track record of the scheme before making investment in any scheme.
The Website/App is not intended to provide any tax, legal, insurance or investment advice, and nothing on the Website/App should be construed as a recommendation, by ECPL or EAPL or any third party, to acquire or dispose of any investment or security, or to engage in any investment transaction. “ The Website/App is an online platform provided by ECPL which lists regular plans and direct plans of select schemes of various mutual funds and enables Users to transact in direct plan only” . It is clarified that under direct plan, the User shall not be charged any fee by the ECPL or EAPL for providing execution service through the Website/App. The EAPL is not receiving any compensation or fee, for the execution services provided by EAPL towards the investment in direct plans, from the AMCs. You alone are solely responsible for determining whether any investment, security or any other product or service, is appropriate or suitable for You based on your investment objectives and personal and financial situation. User confirm us that he / she has requisite knowledge and experience to understand the risks involved in making an investment into a scheme and has the ability to bear such investment related risk and user should consult a legal or tax professional regarding your specific legal or tax queries. Access and use of the Website/App is entirely at your own risk. The Website/App, including any content or information on it, any related or linked site, products and services displayed, provided, availed of, licensed or purchased on, through or via the Website/App are provided “as is,” without any representation or warranty/Guarantee of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose or completeness, Specifically, ECPL disclaims any and all warranties “or guarantees” including, but not limited to –
- Any warranties concerning the availability, accuracy, usefulness, or correctness, currency or completeness of information, products or services and
- Any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the Terms and Conditions. ECPL (uses third party products/links which are not necessarily been screened or reviewed by ECPL and shall not be liable or responsible for any content or other information on the Website/App or on websites/apps linked to or with ECPL. ECPL does not, in any way, certify or warrant the performance, operation, content or availability of the Website/App or such other websites/apps. Although ECPL adopts security measures, which it considers appropriate for the Website/Apps, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorised access of the User ID or password or unauthorised transactions conducted by using the Online Facility to the Website/Apps. ECPL shall not be responsible or liable if any unauthorised person hacks into or gains access to the Website/Apps, or your accounts; and You shall be liable and responsible for the same. This disclaimer of liability applies also to any damage 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, tortuous behaviour, negligence, or under any other cause of action. The information and views contained herein are based on information available and believed to be correct to the best of our knowledge. Although due care has been exercised to verify the accuracy of the information, neither ECPL and its information suppliers assume responsibility for the accuracy or for any loss arising out of any information contained herein. This is neither a solicitation to invest in any product nor to avail of a particular service ECPL does not warrant or make any representations regarding the use or the results of the use of any product, service in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Website/App, all site-related or app related services, products and services mentioned or advertised on or accessed or availed on or through the Website/App. You acknowledge that any warranty that is provided in connection with any of the products or services described on the Website/App are provided solely by the owner, advertiser, manufacturer, provider or supplier of that product or service, and not by ECPL or the Website/App. ECPL operates and offers the Website/App strictly on a no-liability basis and ECPL shall not be liable to You or any other third party for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability or other law or theory arising out of or in connection with the Website/App, products or services mentioned or advertised on or accessed or availed on or through the Website/App or any contract or transaction entered into or executed in pursuance thereof (however arising, including negligence) or resulting from the use of or inability to use, access or avail of the Website/App, any service or product or out of any breach of any warranty. Under no circumstances shall ECPL be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by You or any other person. If any disclaimers or limitation of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of ECPL to You shall not exceed the amount of fees paid by You ( in case you charged for any services) to ECPL products or services that You have ordered or availed of on or through the Website/App. ECPL shall not be responsible for any inability to access the Website/App or any use or misuse of the Website/App. Any search results displayed by or on the Website/App are automated and cannot be screened. Accordingly, ECPL assumes no responsibility for the accuracy or otherwise of any search results or of the content of any site/app included in the search results or otherwise linked to the Website/App. ECPL shall not be responsible for any unauthorised interception of e-mail to or from You or ECPL. To the extent possible, the disclaimers, limitations on liability and indemnities available to ECPL under the Terms and Conditions shall mutates mutandis extend and be available also to the Alliance Partners and Service Providers and its/ their respective directors, officers, employees, agents, successors, assigns, consultants, sponsors, affiliates, content providers and everyone involved in creating, producing, delivering or managing the Website/App (or any part thereof). However, this clause shall not protect the aforesaid Persons or extend to their obligations and liability to ECPL or ECPL’s claims against them. A possibility exists that the Website/App could include inaccuracies or errors. Additionally, a possibility exists that unauthorised additions, deletions or alterations could be made by third parties to the Website/App. Although ECPL attempts to ensure the integrity of the Website/App, they make no guarantee whatsoever as to its sequence, timeliness, completeness, correctness or accuracy. If such an inaccuracy or incompleteness arises, please inform ECPL so that it can be corrected. Links from the Website/App clicking on certain portions or links within the Website/App might take You to other websites or apps without any intimation or indication of doing or having done so. The linked websites or apps are not under the control of ECPL and ECPL assumes no responsibility whatsoever for such other websites or apps whether as to content, availability, performance or otherwise. ECPL also does not represent or warrant that these links shall operate satisfactorily. ECPL provides these links only as a convenience and links to external web sites do not constitute an endorsement by ECPL of such other sites, the sponsors of such sites or the content, products, advertising or other materials presented on or by such sites. ECPL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of such other websites/apps or reliance on or availing of any content, goods or services available on such other sites. The links on the Website/App may take You to other sites or to other locations within the Website/App where the trading of securities is possible. ECPL shall not be responsible or liable with regard to any trading which may be conducted on such linked trading sites, non-ECPL web sites, and any other web site which may be linked to or from the Website/App. For informational or educational purposes, or as a convenience to the users, the Website/App may provide referrals to third party content or links to third party websites/apps, including companies that have a relationship with ECPL. Our decision to provide referral information to a third party or to pass on an offer made by a third party or to provide a link from Website/App to a third-party website or app shall not be construed as an endorsement of the third-party products, services, content, tools and information. You will use third-party content at your own risk. ECPL is not responsible for any third party, their products or services their website or app, or any content made available through such third-party sites, nor do we make any warranties or representations, express or implied, regarding third party content on any third-party sites, and shall have no liability in relation to any of the foregoing. You shall agree to all the terms and conditions, disclaimers clauses and be liable to Copyright Owners of the hyperlinks appearing in the Website/App which is independent in itself and not connected . You shall further indemnify and keep indemnified ECPL, ECPL’s parent, partner’s, subsidiaries, group and associate companies and its employees, directors, representatives and keep them harmless from any dispute(s) that may arise due to a violation/breach(s) of the Terms and Conditions of such hyper link(s) by You. You will be solely responsible for maintaining the confidentiality of the account that You create on the Website/App.
GULAQ does not limit, favour or restrict any of the schemes available on its app/Web while performing search, filter or sort options. The order of search results based on the user searches/filters and not indicative of performance or recommendation and should not be considered as GULAQ opinion to invest or not to invest. It is solely up to the user to decide to select or reject any scheme. GULAQ shows most relevant results based on the user’s search query. Estimation on return is indicative based on the past performance and should not be considered as a promise, guarantee of future returns.
ECPL may send alerts to its users with respect to the deals, services and other facilities available on the Website/App and the users shall provide unconditional consent to receiving such alerts. However, User shall not disclose any information to any person claiming to be a representative of ECPL or EAPL unless such communication was solicited by such User.
Proprietary and Intellectual Property Rights
ECPL is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website/App, and is the copyright owner or licensee of the content and/or information on the Website/App including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on the Website/App. All rights on the Website/App are reserved and You may not download and/or save a copy of the Website/App or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means – electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of ECPL (except as otherwise provided on the Website/App or in the Terms and Conditions for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits ECPL or Partners. However, you may print a copy of the information on the Website for your personal use or records. The Website is for your personal use. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of India and other countries and may be subject to penalties. ECPL, Partners do not grant any license or other authorization or user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Website.
Accepting these T&C, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or electronic address provided by You while applying for the Service. You further agree to us contacting You in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the App. Automated messages may be played when the telephone is answered, whether by You or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that You have provided to us are your own and not someone else’s and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone numbers You have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a specific telephone number(s) and/or email address(es).
You shall not –
- Restrict or inhibit any other person from accessing, using and enjoying the Website/App;
- Use the Website/App for any purpose that is unlawful in any jurisdiction or not permitted by the Terms and Conditions; modify, copy, distribute, transmit, display, perform, publish, licence, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, facilities, products or services obtained on or through the Website/App, except as permitted by the copyright owner or other right holder thereof; post, transmit and receive any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, without limitation, any information or statement constituting or encouraging conduct that would constitute sedition, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other law; post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by ECPL) or engage in spamming or flooding; post, transmit any spam mails, information or software which contains a virus, Trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Website/App for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the Website/App which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof; upload, post, publish, reproduce, transmit or distribute in any way any component of the Website/App itself or derivative works with respect thereto, except as permitted by ECPL or the copyright owner or other right holder thereof, the Website/App being copyrighted under the relevant laws; – Attempt to decompile or reverse engineer any of the software available on the Website/App. – You will not make any attempt to hack into the Website/App or otherwise attempt to subvert any firewall or other security measure of the Website/App and if you become aware of any shortcoming in the security on the Website/App You shall forthwith inform ECPL of the same in writing.
- If the Website/App contains bulletin boards, chat rooms, access to mailing lists 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. You shall use any software provided on, by or through the Website/App only for the purposes for which it has been provided to You and for no other purpose.
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website/App, that:
- belongs to another person and to which You do not have any right to;
- 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; harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Authority to ECPL
You agree and undertakes to defend, indemnify and hold harmless ECPL, ECPL’s parent, partner’s, subsidiaries, group/associate companies, and the concerned AMC or Exchange(BSE/NSE) its directors, officers, employees, Affiliates Partners, and Content from any and all claims, loss, liabilities, damages, costs, expenses or any liability that it may suffer, incur or become and proceedings, including reasonable attorneys’ fees, arising in any way from your use of the Website/App or the placement or transmission of any message, information, software or other materials through the Website/App by You or users of your ID and password or related to any violation of the Terms and Conditions by You or users of your of your ID and password, and any claims dispute or differences between You and any supplier.
User also undertakes to indemnify, defend and hold harmless the concerned Exchanges such as NSE, BSE, BSE Star, AMC against any action, damage or liability that it may suffer, incur or become subject to arising from sharing, disclosing and transferring of the information with EAPL. Additionally, the User declares and confirms that it will not hold BSE Star or AMC liable and/or responsible for loss/damage of any kind or nature whatsoever that may be incurred or suffered by the User for any illegal or unauthorized acts, omission or commission, fraud, negligence, delay in transmission/discontinuation of sharing of the information, misuse of information and/or default on the part of EAPL.
You acknowledge and agree that ECPL may, without notice, suspend or terminate your ID, password or account or deny You access to all or part of the Website/App without prior notice if You engage in any conduct or activities that ECPL in its sole discretion believes violate any of the Terms and Conditions, violate the rights of ECPL, or is otherwise inappropriate for continued access, or IF ECPL learns of your death, bankruptcy or lack of legal capacity or of circumstances which impact your credit worthiness (which shall be determined at the sole discretion of ECPL) or for any other reason which ECPL thinks fit and proper. You acknowledge and agree that ECPL may in its sole discretion deny You access through ECPL to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through the Website/App, and ECPL shall have no responsibility to notify You or third-party providers of facilities, services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
ECPL may also suspend / freeze Customer’s account on directions received from regulatory or government bodies & authorities.
We will only share non-public personal information with third parties in the limited circumstances permitted under law including situations where we need to share information with entities who work on behalf of ECPL to service or maintain your account or process transactions as requested by You, when the disclosure is made to a party representing You, or when such information is required by law including inter alia in response to a legal process. Further, ECPL will ensure that any third parties assisting it in marketing its products, are under contractual obligations to protect the confidentiality of information of the users of the Website/App, and to use it only to provide the services to the extent as required under the agreement with ECPL. EAPL recognizes and acknowledges the value and importance of the protection of the User’s information. EAPL shall exercise the same standard of care to protect the information from the User’s that it exercises in protecting its own information.
Governing Law & Jurisdiction
The Website, the App, the Terms and Conditions, all transactions entered into on or through the Website/App and the relationship between You and ECPL shall be governed by and construed in accordance with the laws of India and no other nation, without regard to the laws relating to conflicts of law. You and ECPL agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website ,the App, the Terms and Conditions, any transactions entered into on or through the Website/App or the relationship between You and ECPL shall be subject to the exclusive jurisdiction of the competent courts located in the city of Gurgaon, Haryana, India and You hereby accede to and accept the jurisdiction of such courts . Provided that, notwithstanding what is stated above, if ECPL so thinks fit ECPL may institute proceedings against You in any other court or tribunal having jurisdiction. ECPL accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Website or the App can be accessed or used, or any facility can be availed of in a country other than India would not mean that the laws of such country would be applicable.
ECPL may give notice to You by e-mail, letter, telephone or any other means as ECPL may deem fit to the address last given by You. Notices under the Terms and Conditions may be given to ECPL by You in writing by delivering them by hand or by sending them by post to ECPL’s address mentioned on the Website. ECPL may, but shall not be bound to, act upon notices and instructions given by You to ECPL by e-mail, letter, telephone or any other means as ECPL may deem fit. In addition, ECPL may (but shall not be bound to) also publish notices of general nature, which are applicable to all users in a newspaper circulating in India or on its Website. Such notices will have the same effect as a notice served individually to each user (including You). Documents which may be sent by electronic communication between the parties may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website ECPL shall be deemed to have duly communicated and delivered any communication or document to You if such communication or document is sent via electronic mail (e-mail) to the e-mail address provided by You to ECPL. ECPL shall also be entitled to act on the basis of any instructions received or purported to be received by ECPL from You by e-mail or other electronic means or via the internet. ECPL shall also be entitled (but not bound) to act upon fax instructions and communications.
If any dispute arises between the User and ECPL or EAPL (individually a “Party” and collectively “Parties”), in connection with validity, interpretation, implementation or alleged material breach of the Terms and Conditions, the Parties shall endeavour to settle such dispute amicably. In case of failure of the Parties to settle such disputes within 15 days, either Party shall be entitled to refer the dispute to any arbitrator. The arbitration shall be conducted by a sole arbitrator mutually appointed, or in case of disagreement as to the appointment of a sole arbitrator, by three (3) arbitrators of which each Party shall appoint one (1) arbitrator and the third arbitrator shall be appointed by the two appointed arbitrators. The arbitration proceedings shall be conducted in Gurgaon, Haryana, India and the same shall be governed by the provisions of the Indian Arbitration & Conciliation Act, 1996, or any statutory modification as may be then in force. The language of arbitration shall be English.
The failure or delay of ECPL to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No waiver on the part of ECPL shall be valid unless it is in writing signed by or on behalf of ECPL. A waiver of any right or provision by ECPL on an occasion shall not prevent ECPL from enforcing such right or provision on a subsequent occasion.
If any provision of the Terms and Conditions shall be held to be invalid or unenforceable by reason of any law or any rule, order, judgment, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and you, ECPL, the court, tribunal or regulatory or self-regulatory agency or body should endeavour to give effect to the parties’ intentions as reflected in the provision to the extent possible. The validity of the remaining provisions and conditions shall not be affected there by and these Terms and Conditions shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Website/App or the Terms and Conditions must be filed within three (3) months after such claim or cause of action arose failing which it shall be forever barred.
ECPL / EAPL shall not be responsible for delay or default in the performance of their obligations due to any natural calamities, contingencies beyond their control including but not limited to war, civil disorder, arson, unavailability of any communication system, virus in the processes, computer hacking, computer crashes. Or acts of government /regulatory authorities.
No Obligation for Maintenance
ECPL has no obligation to monitor the functioning of the Website/App. However, you acknowledge and agree that ECPL has the right to monitor the functioning of the Website/App electronically or otherwise from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website/App properly or to protect itself or its Service Providers, Alliance Partners, Visitors, Users. ECPL will not intentionally monitor or disclose any private electronic-mail message to any third party unless required by law. ECPL reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms and Conditions.
The Terms and Conditions and your use of or access to the Website/App are not intended to create an agency, partnership, joint-venture or employer-employee relationship between you and the Website/App, ECPL, any Partner or any company, except where otherwise specifically agreed or appointed.
The clause headings in the Terms and Conditions are only for convenience and do not affect the meaning of any provision and shall not be considered in interpreting or limiting the scope of the provisions of the Terms and the Conditions. ECPL may sub-contract or employ agents to carry out any functions or services relating to the Website/App or any of its obligations under the Terms and Conditions. ECPL may from time to time send by e-mail or otherwise, information relating to products and services offered by it or the Partners or any other entities, general information related to financial and other services, advertisements of various products and services etc. to you.
You must at your own cost:
- provide for your own access to the World Wide Web and pay any service fees, telephone charges and online service usage associated with such access, and
- provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.
The content presented at the Website may vary depending upon your browser limitations.
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 Marketing Officer as mentioned below via in writing or through email signed with the electronic signature to Marketing Officer, at [email protected] or write at the following address:
Mr. Rishabh Garg
Address: 7 th Floor, A Block, Vatika Business Park,
Sohna Road, Sector 49, Gurgaon-122001
We request You to please provide the following information in your complaint:
- Identification of the information provided by You.
- Clear statement as to whether the information is personal information or sensitive personal information.
- Your address, telephone number or e-mail address.
- A statement that You have a good-faith belief that the information has been processed incorrectly or disclosed without authorization, as the case may be.
- A statement, under penalty of perjury, that the information in the notice is accurate, and that the information being complained about belongs to You.