Terms & Conditions
Last Updated : 16-Sep-2021
Smart-Investing.in is a venture by Mr. Rohit Katiyar who is a SEBI registered Research Analyst under the SEBI (Research Analyst) Regulations with registration number INH000007377.
Please read the terms and conditions for use of the website, www.smart-investing.in and pages accessible there from (hereinafter referred to as the “Site”) and the Services provided by access and/or use of the Site as mentioned below.
By using the Site or downloading any information from the Site, you (User) agree to the terms and conditions listed herein including the modifications in respect of the same from time to time. This Agreement applies to all Users who access the Site whether for their own use or on behalf of any legal entity and for any purpose whatsoever. This Agreement hereby includes and incorporates the policies and guidelines mentioned below. This Agreement does not alter in any way the terms or conditions of any other written agreement the Users may have with Smart-Investing.in for other products or services. Smart-Investing.in reserves the right to modify the terms and conditions of this Agreement in the manner mentioned below. If the Users do not agree to this Agreement (including any referenced policies or guidelines), he/she shall immediately terminate the use of the Site.
The Site publishes information relating to financial and investment issues from time to time. All information published and disseminated on the Site including the reports, blogs, contents of our newsletters, calculators, other tools and features provided on the Site are for information and educational purposes to enable the User(s) to make prudent financial decisions.
In case the User(s) avail the various paid membership services offered on the Site by Smart-investing, various reports, opinions, suggestions may be made available to such User(s) to enable them in taking relevant decisions.
The information including recommendations, opinions, suggestions disseminated on the Site being merely recommendatory in nature are aimed at providing mass customer customization service. The said recommendations, opinions, suggestions made are based upon the calculations, opinions and analysis undertaken by Smart-Investing.in and may be accompanied with analysis notes from time to time.
Smart-Investing.in is not responsible for any damages resulting from use of this Site by anyone. The User(s) shall not use the Site for illegal purposes. The User(s) undertakes to (i) abide by all applicable local, state, national, international laws and regulations in the use of the Site (including laws regarding intellectual property) (ii) not resell material on the Site, (iii) not interfere with or disrupt the use and enjoyment of the Site by other User(s), (iv) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (v) not defame, harass, abuse, or disrupt other User(s) of the Site
Smart-Investing.in is neither a Portfolio Manager, Broker, Sub-broker, Investment Advisor and nor is it registered with any stock exchange. It does not manage the User’s funds but merely helps Users take investment decisions via statistical analysis and visual charts and colour codes. Smart-Investing.in does not come under the purview of the SEBI (Portfolio Managers) Regulations 1993 or SEBI (Stock Brokers and Sub Brokers) Regulations 1992.
ACTIVATION AND TERMINATION
Upon logging in via Google, the Site will create an account for the Users and the same will be activated. Smart-Investing.in reserves the right to inspect the correctness of information if it deems necessary. Further, in case of suspicion in respect of any account, Smart-Investing.in reserves the right to delay and/or deny the activation of the said suspicious account till such time its considers necessary, irrespective of receipt of payment by it.
Similarly, Smart-Investing.in reserves the right to deactivate, suspend, restrict, terminate any account in the interest of the Site or in the general interest without any prior notice without giving any reason whatsoever. It may also deactivate the account on grounds of non-payment, unauthorized use, illegal use and/or incorrect or incomplete and untrue disclosure of information in which case the Users shall not be entitled to any claim for refund upon deactivation, suspension or termination of the account. Smart-Investing.in reserves the right to change features/functionalities/entitlement at any point without prior intimation to the Users.
The transmission of information from this Site to the Users is not intended to create nor does it create an advisor-client relationship between Smart-Investing.in and the Users who access the Site for free and for those availing the paid subscription services offered under the plans and any decision making is subject to the sole discretion of the Users.
Though Smart-Investing.in constantly strives to give accurate, reliable and current information on the Site. The reports made by Smart-Investing.in are true to its opinion and views and it makes no representation, warranty or claim, whether express or implied to the effect that the information available on the Site is accurate or suitable to the User’s needs.
Smart-Investing.in does not warrant the correctness and accuracy of the information provided on, collected from or used from third party sites.
It shall not be responsible for any errors or omissions therein.
Smart-Investing.in makes no express representation or warranty as to whether information Users transmit to the Site will be intercepted by or otherwise be received by an unauthorized third party and Users transmit such information at their own risk.
Smart-Investing.in does not warrant the uninterrupted and continuous provision and running of the Site and the same may be suspended or interrupted due to reasons beyond its control.
LINKS TO THIRD PARTY SITES
Smart-Investing.in states that the online resources that can be accessed from the Site by use of hypertext links are not maintained or controlled by it and therefore Smart-Investing.in is not responsible for the content of such linked resources.
Smart-Investing.in makes no warranty express or implied with respect to the use of the hypertext links that can be accessed from the Site nor does it guarantee the accuracy, usability or adequacy of any resource, information, system, product or process available at or from such third party sites.
Smart-Investing.in may add, delete, alter, modify, amend or update the terms and conditions of this Agreement from time to time without any prior notification to the Users and the additional, amended or modified terms and conditions of use shall be effective immediately upon posting. The access and use by the Users of the Site shall constitute his/her acceptance of the said additional, amended or modified terms and conditions.
INTELLECTUAL PROPERTY RIGHTS
The Site offers financial and investment information created by Smart-Investing.in as well as other information collected from third-party sites. In so far as the materials and information created by Smart-Investing.in is concerned, such materials and information are created using Smart-investing’s proprietary tools and methods and belong to Smart-Investing.in and are thus protected by intellectual property laws of India and other jurisdictions.
The references to trademarks, trade names, business names and other proprietary information of third party sites do not amount to an endorsement or recommendation by Smart-investing. All materials, information and content that may be referenced on the Site and belonging to third parties constitute the intellectual property of such third party and Smart-Investing.in claims no ownership rights in respect thereof. Smart-Investing.in is not responsible for the content of or any damage that may result from the User’s access to or reliance on third-party sites. If the User links to third-party sites, he/she does so at his/her own risk.
By using this Site, the User is granted a limited, non-exclusive, non-transferable and revocable right to use the content and materials on the Site in connection with his/her personal and non-commercial use of the Site. The Users shall not alter, copy, reproduce, transmit, distribute, or create derivative works of such materials or information without express written authorization from Smart-Investing.in or the third party as the case may be.
The Users acknowledges that his/her use of the content on this Site is for personal and non-commercial use only and any unauthorized use of the materials and information may violate copyright, trademark, and/or other laws.
Any permitted copies of the content and materials on the Site or portions thereof must retain all copyright notices and other notices thereon.
Nothing on the Site shall be construed as conferring any license in respect of the contents and information thereon except as otherwise provided.
Smart-Investing.in may revoke any rights granted to the Users with respect to use of the Site at any time.
By posting, uploading, storing, or transmitting any content on the Site, the User hereby grants to Smart-Investing.in a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, modify, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
Smart-Investing.in does not have the ability to control the nature of the content generated by other Users and offered through the Site. Users are solely responsible for their interactions with other Users of the Site and for all content posted by him/her. It is expressly made clear that Smart-Investing.in is not liable for any damage or harm resulting from any posts by or interactions between Users inter-se. Users grant to Smart-Investing.in the right and license to publish, exhibit, use and transmit all content posted by them on the Site for its own purposes or to third parties in connection with the provision of Services.
Smart-Investing.in has entered into a contractual arrangement with Razorpay for availing the payment gateway services provided by it.
The terms and conditions and security features of the payment transactions facilitated by Razorpay can be seen by visiting https://www.razorpay.com .
Smart-Investing.in shall not be held responsible for any failed and/or erroneous transactions that may have occurred in the use of the payment gateway services of Razorpay and Users shall apprise themselves with all the terms and conditions of Razorpay as mentioned above before transacting.
Smart-Investing.in assumes no risk or liability on behalf of Razorpay for compliance with applicable laws and regulations.
Smart-Investing.in does not warrant that the Site or any of the third party sites linked to the Site are free of any operational errors nor does it warrant that it will be free of any virus, worm, or other harmful component.
All information on the Site and otherwise provided and all reports made are the personal views and analysis of Smart-Investing.in and is based upon the time and information available to it at the relevant time. Smart-Investing.in does not warrant that the said information and/or reports may be relied upon for current and/or future transactions
Smart-Investing.in reserves its right without any obligation and without any notice requirement, to change, improve or amend the information, materials and descriptions on this Site and to suspend and/or deny access to the User(s) for scheduled or unscheduled maintenance, upgrades, improvements or corrections in its sole discretion.
Smart-Investing.in may discontinue, add or change any service described in or offered on the Site at any time if deems fit and proper to do so.
Under no circumstances shall Smart-Investing.in be held liable for delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, causes beyond its reasonable control, including internet failures, computer, telecommunications or any other equipment failures, electrical power failures, etc.
The User hereby warrants, acknowledges and undertakes:
To provide true, accurate, correct and complete information upon registration as a Registered User or at the time of subscription to the paid Services as the case may be ("Personal Information");
That if the information provided is false or untrue in any respect, the reports, opinions and suggestions offered to it may be wrong and
To notify the Site immediately of any changes to the said Personal Information.
The User agrees not to impersonate any other person, dead or alive or entity or to use a false name or a name that he/she is not authorized to use.
The User shall not disclose his/her login credentials to any other person for gaining access on behalf of such User or otherwise.
POSTING CONTENT ON THE SITE
The content on the Site is either that of Smart-Investing.in or is posted by Users or any other third party with the permission of the Site. The grant of permission is at the sole discretion of the Site. The content may be posted on the Blogs, Reports and Forums on the Site. All content provided by Users or other third parties is the sole responsibility of the party who has provided the content. It is expressly made clear that Smart-Investing.in does not maintain or control any such information posted by the Users or third party and is therefore not responsible in any manner whatsoever for the accuracy, completeness, usability or adequacy of such information. Further, Smart-Investing.in shall not be liable to any User in connection with his/her reliance on any such third party content or information. The User shall be responsible for ensuring that in using the Site and availing the Services it complies with all applicable laws, rules and regulations for the use of systems, service or equipment. The User also expressly undertakes not to upload any posts, content or other materials with intent to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others or to publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information or upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer system or equipment. The User shall not conduct or forward surveys, contests, or chain letters or download any file posted by other Users that he/she knows, or is expected to know, cannot be legally distributed in such manner.
Smart-Investing.in periodically verifies the content uploaded on the Site by Users and third parties to ensure that the content does not violate any rules, regulation and laws prevailing in India for the relevant time period. Therefore, Smart-Investing.in may refuse, suspend, terminate, delete, edit or amend any artwork, materials, information or content of any data or information so as to comply with the legal or moral obligations as Smart-Investing.in may deem fit and to prevent the infringement of a third party's rights or any other rules, standards or codes of practices that may be applicable from time to time. However, it is expressly made clear that Smart-Investing.in is under no obligation to do so.
The User expressly agrees to use the Site strictly for his/her personal purpose. The User shall not decompile, disassemble copy, modify, distribute, transmit, display, circulate, broadcast, perform, reproduce, publish or create derivative works from, transfer, or sell any information, content, software, products, tools or services accessed from the Site. The User may not rent, lease, sell, sublicense, lend or in any manner allow any other party to use the Site with or without consideration.
LIMITATION OF LIABILITY
The User agrees that Smart-investing, its officers, directors, employees, affiliates, representatives or sub-contractors shall not be in any event be liable whether in contract or tort, for any direct, indirect, incidental, special or consequential damages, resulting from the access/use/delivery/performance or the inability to access/use/deliver/perform the Site and the Services subscribed to or obtained or messages received or transactions entered into.
The User further agrees that Smart-Investing.in shall not be liable for any damages arising from transmission of viruses, interruption, suspension or termination of the Site or the services whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. The User also agrees that his/her sole remedy under this Agreement is termination of the Agreement.
By viewing, using, or interacting in any manner with the Site, including advertisements, or pop-ups and as a condition for enabling the Site to allow lawful access and viewing, the User forever waives all rights to claim any damage or compensation in respect of any direct, indirect or consequential loss that he/she may suffer.
USE OF PASSWORD
The User shall be responsible for creating and safe keeping of his/her password used to login via Google. Smart-Investing.in does not have access to such password since the login is via Google API integration. It is generated by Google & encrypted and provided to the User.
The User shall bear all responsibility of keeping the password secure and in the event that the User incurs any liability to the Site or any other third party as a result of the password being used by third parties, or due to improper use of the password, the User shall, without limitation, bear all such liability.
All Users of the Site in countries other than India should verify whether they are violating any of the local laws in such countries by using this Site and availing the Services provided hereunder.
If the User chooses to access the Site from outside India, he/she shall be responsible for compliance with both the foreign and local laws.
The Users agree that they will solely be liable for any liability incurred by them in this regard and will indemnify Smart-Investing.in for any liability that it may incur in any foreign jurisdiction as a consequence of citizens/residents of countries other than India using the Site.
This shall not be constituted as an offer to sell or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
TERMS OF SERVICE FOR SENDING COMMUNICATIONS
Various communications in the form of alerts, news, changes as well as including promotional and marketing content (Communications) may be sent to the Users via Call, SMS, Whatsapp messages, emails, social media notifications, etc.
In case the User elects to receive such Communications he/she will receive the same from Smart-Investing.in from time to time on the phone number, email address and other details provided by it to Smart-Investing.in at the time of registration or paid subscription.
Upon such an election, the User will not be entitled to raise issues about the receipt of such Communications and Smart-Investing.in shall not be held responsible for the same in any manner.
It shall not be Smart-investing’s obligation to verify the correctness or the legality of the phone number, email address and other details provided by the Users upon registration at the Site and Smart-Investing.in shall not be held responsible for the Communications it sends on the information provided to it by the Users.
The Users shall be responsible and shall update the changes in the phone number, email address and other details if any on the Site promptly in order to receive continuous updates and Communications.
The Users shall bear all costs and charges levied by the telephone operators, internet service providers for sending or receiving the Communications.
Smart-Investing.in shall not be held responsible for any delay in delivery of the Communications caused due to various factors like operator issues, traffic on server, technical issues, etc.
In case of suspension of services due to a government or other regulatory body’s order, notification or court order, the Users will not receive any Communications from Smart-Investing.in for the specified period and Smart-Investing.in shall not be held responsible for the same in any manner.
All notices to or upon the Site shall be effective if made in writing and sent to the office of Smart-Investing.in., situated at #15A, 4th Floor, City Vista, Tower A, Suite No.984, Fountain Road, Kharadi, Pune - 411014, INDIA. by speed post or registered post acknowledgment due.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement and the interpretation of the provisions shall be governed by laws of India and all disputes arising hereunder shall be subjected to the jurisdiction of the Courts of Pune, Maharashtra, India only.
In case any provision or term is held to be unenforceable by any court under law, the same shall not affect the validity of the remaining provisions and terms.