Terms of Use for STOCKEDGE

StockEdge - Terms of Use Effective as of 1-Nov-2018

Welcome to the StockEdge’s Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.stockedge.com or through our mobile application (“App”) - StockEdge. “Service” refers to the Company’s services accessed via the Site or App, in which users can view data analytics about specific Stock Markets in India. The terms “company”, “we,” “us,” and “our” refer to the Company, Kredent InfoEdge Private Limited. “You” refers to you, as a user of our Site or our Service.

The following Terms of Use apply when you view or use the Service via our website or by accessing the Service through clicking on the application on your mobile device.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.

(1) PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: PrivacyPolicy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

(2) ABOUT THE SERVICE

The Service allows you to view data analytics about Stock Markets in India, particularly BSE & NSE.

(3) REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 13 years old to register for and use the Service. If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

(4) USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions: You agree that you will not under any circumstances:

(5) TERMS TO CREATE A USER ACCOUNT

(6) PAYMENT & ACCESS

(6.1) Free Version: We allow a prospective buyer of the Annual StockEdge Subscription to use StockEdge (Standard Product) perpetually under its FREE Version option. Under these, the users can enjoy certain complimentary sections of the App. This Free Version is for the sole purpose of enabling you to use, enjoy & evaluate the benefit of the StockEdge app, in the manner permitted by these terms and conditions mentioned hereunder.

(6.2) Paid Version:In order to use StockEdge Paid Version, a prospective customer is required to obtain a yearly, personal, non-assignable and non-exclusive subscription to use the StockEdge App in return of an advance, non-refundable payment against any of the packages available on our websites. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.

Customers under Subscription Payment Option will be charged the Subscription fee for annual renewal. Such subscription amount might be modified on the product website from time to time without prior notice.

(7) ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users. Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us through this email address: support@stockedge.com

(8) LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

(9) INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

(10) EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

(11) USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to support@stockedge.com Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

(12) WARRANTY DISCLAIMER

THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED.

(12.1) PERFORMANCE WARRANTY

The company makes no representations or warranties that the software will operate uninterrupted or error-free, or that it will be free from minor defects or errors that do not materially affect performance, or that the applications contained in the software are designed to meet all of users’ business requirements or any governmental regulatory or legal requirements and disclaim all warranties with respect thereto in accordance with this clause.

(12.2) INFORMATION WARRANTY

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 made available on the Service.

There could be features ( existing or in future) which might be based on the how we receive information from various proprietary sources that provide financial information feed. Such data feed might consist of Stock Market data, Equity, Derivatives, IPOs Commodities, Currency, Mutual Funds, Corporate Announcements, News, Other Markets, Company Information - Historical, Real-time and End of the Day, etc. We DO NOT guarantee the accuracy, completeness or timeliness of this data & therefore all features are implemented on best-effort basis.

The Information is NOT an investment advice, and DOES NOT advocate the purchase or sale of any security or investment by you or any other individual. The Information is NOT intended to provide tax, legal or investment advice. The Information does not constitute a solicitation by the information providers, StockEdge or other of the purchase or sale of securities.

(13) LIMITATION OF DAMAGES

Under NO circumstances shall the Company, its licensors, partners or any of its associated companies be liable to the subscriber or any other person or entity for an amount of damages in excess of the paid Subscription fees or be liable of any amount for special, incidental, consequential, or indirect damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or exemplary or punitive damages.

Thus, maximum liability of the company towards any customer can be an amount of the Subscription fee only excluding the Renewal/Subscription fees collected over the years for any loss suffered by the Customer due to the company’s negligence or lack of diligence and company’s liability will be zero if any loss is suffered by the Customer due to any other reason, which is beyond the control of the company. The risk of running and using the Service shall be solely born by the Customer.

It is expressly understood and agreed that each and every provision of this agreement which provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended by the parties to be severable and independent of any other provision and to be enforced as such.

This clause shall survive termination of this Agreement.

(14) MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.

(15) GENERAL TERMS

(15.1) Your use of the service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of our Services.

(15.2) The company makes no warranties regarding (i) your ability to use our Services, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of analytics performed by the Service, and (v) that bugs or errors in the Service will be corrected.

(15.2) The company, its partners, agents, affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of our Services under irrespective of whether you are a user of Free Version or Paid version. Your sole remedy for dissatisfaction with our Services is to STOP using it.

(15.3) Failure of the company to exercise any of its rights provided herein shall not be deemed to be a waiver of any such right unless such waiver has been expressly given in writing. This latest version of Terms of Use sets forth the entire understanding between you and the company.

(15.4) The company cannot be held responsible for any business loss of a customer for any reason whatsoever including software failure/ delay in implementation or in technical support etc.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

(15) GOVERNING LAW

This Terms of Use shall be governed by and construed in accordance with Indian law without reference to its conflicts of law principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of India and state courts of the State of West Bengal for the purpose of resolving any dispute relating to your access to or use of our product and/ or services. This clause shall survive termination of this Agreement.

Privacy Policy