NEOTRADER - TERMS & CONDITIONS OF USE

[By clicking ‘I agree to the Terms and Conditions or by checking the box that says “I agree” in whichever manner it appears, you are deemed to have read, understood and agreed to the following terms & conditions]

1. INTRODUCTION

Welcome to the NeoTrader application (“application”).

By registering or installing the application or by using the service in any manner, you agree to all of the terms and conditions contained herein.

1. These Terms of Use (“Terms”) constitute a legally binding agreement between you and Growth Avenues (“GA”) and govern your use of the application and the information, offers, services, features, and content, offered through the application (“Services”).
2. These terms may be updated by GA from time to time.
3. Please note that if you are an individual you must be over the age of majority under the laws of your jurisdiction to enter into this agreement otherwise, you are expressly prohibited from entering into this agreement, and/or should have your parent or guardian enter into this agreement.
4. You agree to access the application subject to acceptance of the terms as set out herein. In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into these terms.
5. You understand and accept that investments in the securities market are subject to market risks and may result in losses at times and do not assure or guarantee you any minimum or fixed return. You hereby agree to undertake the risks pertaining to his execution of trade/investment advice received from Growth Avenues/NeoTrader.
6. You agree that you are solely responsible for any breach of your obligations under the terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
7. You hereby represent, warrant and covenant that you provide us with accurate, truthful, and complete registration information including, but not limited to your name ("user name"), email mobile, or other information and to keep your registration information accurate and up to date. Failure to do so shall constitute a breach of these terms, which may result in immediate termination of your account.
8. No Refund:You understand and agree that GA has a no-refund policy on subscriptions to the NeoTrader application. GA will not provide refunds on any subscriptions of any nature of the application. Our no refund policy is reflected on the disclaimer available on the website too. You are requested to take note of this.
9. Non disparagement clause:By accepting and using our services, you confirm that you have read and agreed to these terms and conditions, and have voluntarily decided to avail of our services; you thus agree not to make any negative or disparaging remarks, either written or verbal, about our company, our services, employees, or our affiliates on any public forum, including but not limited to any social media or other online or offline platforms. You also acknowledge that any such remarks could cause significant harm to our reputation. You further agree to maintain strict confidentiality regarding any proprietary or confidential information obtained during the course of your engagement with the company and to refrain from any actions that could be construed as a breach of such confidentiality.
10. If you do not agree with these terms and those that are set out hereunder or those incorporated here by reference, kindly do not use this application or services.

1. DEFINITION OF "USER" OR “CLIENT” OR "YOU": means any person who accesses or avails this app and/or the site www.neotrader.in for the purpose of accessing, hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the application.

1. DISCLAIMER OF WARRANTIES AND LIABILITIES:

1. You understand and agree that GA provides the Services on an “as is”, “with all faults” and “as available” basis. All warranties including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and no infringement are disclaimed and excluded.
2. Growth Avenues does not provide any warranty (express or implied) as to the appreciation in the value of the Securities that was advised as part of any service of Growth Avenues. It is clearly understood that Growth Avenues shall not, in any manner whatsoever, be liable or responsible to any entity/person (including the Client’s nominees or legal heirs or successors or authorized representatives) in case of depreciation or erosion in the value of Securities, either individually or in total, for the Funds invested using the advisory services provided by Growth Avenues or any indirect, notional, consequential losses, expenses, costs, charges or claims (including any litigation expenses) to any entity/person.
3. The application, data and services are provided for educational purposes only. GA, and its affiliates and associates shall not be liable, at any time for any direct, indirect, punitive, incidental, special or consequential damages (including, without limitation, damages for loss of business, damage to hardware or loss of profits, loss of data or profits, whether arising in contract, tort or otherwise arising out of or in any way connected with the use of the Application, with the delay or inability to use the Applications or Services, or due to use of the contents available in the Application or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, or due to use of the information contained in the Application).
4. In the event any exclusion contained herein is held to be invalid for any reason and GA or any of its affiliate entities, officers, directors or employees becomes liable for loss or damage, then any such liability of GA or any of its affiliate entities, officers, directors or employees shall be limited to and not exceed the charges paid by you, if any, for the application usage for three months prior to such claim.
5. No representations, warranties or guarantees whatsoever are made by GA as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) That the Services will be uninterrupted, timely, secure, or error free; (c) The quality of any services, content, information, or other material in the Application will meet your expectations or requirements; Or (d) any errors in the Application will be corrected.
6. This Application may have certain links which may lead to resources located on servers maintained by third parties. These third-party websites and applications may contain GA’s / NeoTrader’s logo, but they are independent of GA, and GA does not have any control over these websites or applications. GA, therefore, accepts no responsibility or liability due to your use of such third-party websites or applications.
7. You represent that you have understood the risks involved in trading / investing securities based on advise or service subscribed to the offerings made by GA and that you are financially capable of withstanding any loss incurred as a result of such action.
8. You shall be solely responsible for and agree to comply with all the Applicable Laws, regulations, procedures, practices and guidelines given by the competent authorities insofar as applicable to the Client, including but not restricted to the SEBI (Insider Trading) Regulations, 1992, SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 and the SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Markets) Regulations, 1995, and Growth Avenues shall not be responsible or liable in any manner whatsoever, to any person for any breach by you of such aforesaid laws, regulations, procedures, practices and guidelines.
9. The past performance of Growth Avenues does not, in any manner, indicate the future performance with respect to any of its existing Product/s or any future Products of Growth Avenues;
10. As with any investment in Securities, the value of the portfolio can go up or down depending on various factors that may affect the values of the investments. In addition to the factors that affect the value of individual securities, the value of the portfolio can be expected to fluctuate with movements in the broader equity and bond markets and may be influenced by factors affecting capital markets in general, such as but not limited to, changes in interest rates, currency exchange rates, changes in governmental policies, taxation, political, economic or other developments and increased volatility in the stock and bond markets.
11. You acknowledge and confirm that you are fully aware of the Product/s, risk appetite and product suitability before investing in the Product/s. You further agree and acknowledge that you have fully read and understood any risk related to the Product/s.

1. YOUR OBLIGATIONS

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

1. Delete from the Application any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
2. Use the Application / Services in any manner that could damage, disable, overburden, impair &/or undertake any action which is harmful &/or potentially harmful to any GA server, or the network(s), computer systems/resources connected to any GA server, or interfere with any other party’s use and enjoyment of the Application / Services;
3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Application / Services;
4. Perform any activity which is likely to cause such harm;
5. Carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on the Application or internet service or; Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any GA website or the website of any GA customer;
6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Application.
7. Impersonate any person or entity, including, but not limited to GA’s official, expert, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. Take any action which encourages or consists of any threat of harm of any kind to any person or property or make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
9. Collect or attempt to collect personally identifiable information of any person or entity without their express written consent;
10. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the Internet;
11. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation;

1. PROPRIETARY RIGHTS

Unless otherwise stated, copyright and all intellectual property rights in all material contained in and/or presented on the GA or NeoTrader website, chat rooms, message board, online forums, social media pages and/or on any page or place on the internet directly related to NeoTrader or GA or any of its services [collectively referred to as ‘Site’ herein for convenience] (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of GA, its affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing or other techniques to enclose any trademark or logo or other proprietary information of GA; Or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or dateline on other mark or source identifier included on Site / Service, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

1. PROHIBITED ACTIVITIES

1. You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that –
   1. Belongs to another person and to which you do not have any right to;
   2. Is grossly harmful; harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
   3. Harm minors in any way;
   4. Infringes any patent, trademark, copyright or other proprietary rights;
   5. Violates any law for the time being in force;
   6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   7. Impersonates another person;
   8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
   9. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

1. Any content uploaded by you shall be subject to relevant laws and may be disabled, and/or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in noncompliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant content uploaded by you and shall further have the right to take recourse to such remedies as would be available to GA under the applicable laws.

1. TERMINATION OF ACCOUNT

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

1. INDEMNIFICATION

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

1. PRIVACY

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

1. GRIEVANCE REDRESSAL

1. Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment and/or breach of these terms shall be immediately informed in writing or through email signed with the electronic signature to support@neotrader.in
2. The company shall not be responsible for any communication, if addressed, to any non-designated person in this regard.

1. Copyright Notice

Copyright ©2018 GROWTH AVENUES. All rights reserved.

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

1. APPLICABLE LAW:

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

1. LIMITED TIME TO BRING YOUR CLAIM:

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

1. MISCELLANEOUS

GA reserves the right to refuse service to anyone for any reason at any time. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any provision if found unapplicable and/or illegal shall be severable from the rest of the provisions and would not affect the legality of the document or any other terms contained herein. Notices to be given pursuant to these terms are to be given to the address listed in the grievance redressal clause above;