TERMS AND CONDITIONS

 

Terms of Use of the Website and Services

 

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Samriddhi Investment and Financial Services,‏ is a partnership firm registered under the Partnership Act, 1932, having its registered office at Old No.8,New No 17/3UmapathyStreet,West Mambalam,Chennai-600033( (hereinafter referred to as “We”, “Us”, or “Our” which expression shall mean and include its affiliates, successors and permitted assigns). Your (“You” or “Your”) use of the Website (defined below) is subject to the notices, terms and conditions set forth in these Terms of Use, the Privacy Policy, and any other agreements or documents that We may require You to execute for specific services that You may subscribe or avail from time to time.

The domain name “https://samriddhiinvestment.com/” (“Website“) is owned by Us. Your use of the Website is governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. You acknowledge and agree that You shall be subject to the policies that are applicable to the Website and by mere use of the Website, You shall be contracting with Us and these terms and conditions including the policies constitute Your binding obligations, with Us.

 ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. YOU DECLARE YOUR WILLINGNESS TO ABIDE AND BE BOUND BY THESE TERMS OF USE THROUGH YOUR USE OF THE WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE. THESE TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY UPON YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS, YOUR USE OF OUR WEBSITE BEING INDICATIVE OF SUCH ACCEPTANCE. THESE TERMS OF USE SHALL BE ENFORCEABLE AGAINST YOU IN A THE SAME MANNER AS ANY OTHER WRITTEN AGREEMENT.

1.   Services

1.1. ‘Services’ for the purpose of these Terms of Use shall mean and include the website, and other services that You may avail from Us from time to time.

1.2. We offer the following Services and products for which We may require you to enter into specific agreements which shall govern the terms and conditions for such services and the products in addition to this Terms of Use:

 (i)     Stock broker services which include equity trading, futures and options trading, and currency trading.
(ii)     Mutual fund investment services;
(iii)    Setting up of family private trusts;
(iv)    Drafting and registration of wills;
(v)     Assisting in creation of family governance structure and other estate planning;
(vi)    Managing and administering assets under the trust.

1.3.    If You have provided Us with your contact details, such as email or phone number, we may send you announcements, messages or information on our Services and how to use them. You may opt out of some of these messages unless they are necessary for the delivery of Services.

1.4.    Please don’t misuse Our Services. For example, don’t disrupt our Services or try to access them using a method other than the interface and the instructions that we provide. If you interrupt, destroy or limit the functionality of our Services, we may stop providing our Services to you and pursue legal action against you.

2.     Privacy Policy

2.1.  Our Privacy Policy [ ] explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that We can use such data in accordance with our Privacy Policy.

3.     Intellectual Property

3.1.   This Website is operated by and is the sole property of [l]. Any and all material on this Website, including images, illustrations, audio and video clips, trade names, proprietary information and knowledge, technology, databases, or rights with respect thereto necessary for Our business as is now being operated are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Website.

3.2.   You agree that any and all material displayed on the Website is solely for Your personal use and You shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and You shall not assist any other person in doing so. Modification of the said materials or use of the materials on any other Website or networked computer environment or use of the materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited. We hereby grant to You a temporary, non-exclusive, revocable, non-transferable limited license to use the Website for Your use. All right, title, and interest in and to the Website (excluding content uploaded specifically by a User) is and will remain the exclusive property of Us and/or its licensors.

3.3.   You agree that these Terms of Use do not entitle You to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the Website. We may, however, occasionally provide automatic updates to the Website at its sole discretion (and without any advanced notification to You). Any such updates shall become part of the services and subject to these Terms of Use.

3.4.   You acknowledge that We shall have no obligation to monitor or enforce any intellectual property rights that may be associated with the content provided by You on the Platform.

4.     Terms of use of partner services

4.1.    If You use integrated services from our partners for investing, borrowing, insurance, data aggregation, etc. the use and operation of such services will be additionally governed by the relevant service terms and contracts of the respective service partners. We shall not be liable for any penalties, loss or damage incurred by you which is due to the negligence or actions of any Our service partner. Further, if specific advice or execution services are being sought by you from any of the service partners of Ours, You shall enter into a separate agreement for that purpose. These Terms of Use would not cover the service terms of such an arrangement with the service partner.

5.     Modifying and Terminating Our Services

5.1.    We are constantly changing and improving our Services. We may add or remove functionalities or features, and / or we may stop a Service altogether. In each case, we will give you reasonable advance notice.

6.     Warranties and Disclaimers

6.1.    The information we provide through our Services does not constitute investment advice, financial planning advice or tax planning advice. For specific legal and tax advice in relation to the Services you are required to independently consult with a legal ot tax expert.

6.2.    Other than as expressly set out in these Terms of Use, We do not make any specific promises about the Services. We don’t make any commitments about the content within the Services, the specific functions of the Services, or their availability to you at all times. We provide the Services “as is”.

6.3.    We and Our service partners will not be responsible for lost profits, revenues, or any form of data, financial losses, or any damages.

7.      Governing Law and Dispute Resolution

7.1.1   Governing Law: This Agreement shall be governed and construed in accordance with the laws of India. Subject to Clause 13.3.2, courts in Chennai shall have exclusive jurisdiction.

7.1.2    Dispute Resolution: All disputes, controversies and differences of opinion arising out of or in connection with this Agreement including for the breach and termination of the Agreement which cannot be settled amicably shall be submitted to final and binding arbitration at the request of any of the disputing Party upon written notice to that effect to the other, which arbitration shall be conducted in the following manner:

      7.1.2.1.   All proceedings of the arbitration shall be in the English language.       

     7.1.2.2.   The arbitration shall conducted be in accordance with the rules prescribed by the Arbitration and Conciliation Act, 1996 as amended from time to time (which is deemed to be incorporated into this Agreement by reference);

      7.1.2.3.    The seat and venue of the arbitration shall be Chennai, India.

      7.1.2.4.    The arbitration panel shall consist of a sole arbitrator, to be appointed mutually by the Parties.

     7.1.2.5.     Any arbitration award rendered shall be final, binding and not subject to any form of appeal. The losing Party, as determined by the arbitrator(s), shall pay all out-of-pocket expenses (including attorneys’ fees) incurred by the prevailing Party, as determined by the arbitrator(s), in connection with any dispute unless the arbitrator(s) direct otherwise.

    7.1.2.6.    The existence of a dispute, or the commencement or continuation of arbitration proceedings shall not, in any manner, prevent or postpone the performance of those obligations of Parties under the Agreement which are not in dispute.

     7.1.2.7.     Nothing shall preclude the Parties from seeking interim equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the Parties to pursue any other remedy or relief through the arbitration described in this Clause.

8.     Severability

8.1.    If any provision of the Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Terms of Use and the remainder of the Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

9.     Waiver

9.1.    No provision of this Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Us. Any consent by Use to, or a waiver by Use of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

10.   Amendments

10.1.  We reserve the right to amend this Terms of Use at our discretion and You shall be bound by the amended Terms of Use from time to time. We shall update You of the amendment by notifying You at registered contact details on the Platform. You shall be required to accept the modified Terms of Use within 5 days of such notification.

Privacy Policy

By using this application/website https://samriddhiinvestment.com and/or providing informationpursuant to availing the Services (as defined under the Terms of Use) offered by Samriddhi Investment and Financial Services, (“Us”), or providing us with your personal information for any other purpose, you agree to this Privacy Policy.

This policy will help you understand the types of information we collect from you, the purpose for which the information is collected; how the information is used; the intended recipients of such information; and how the information is protected.

For the purposes of this policy, “personal information” means any information that can be used to identify you personally and shall not include information that is freely available or accessible to the public.

1.   Using the website as a Visitor

1.1 If you are a first-time visitor:

1. We don’t know who you are.
2. We collect technical data about your interaction with the Services. This is data we get from your use of our Services. We collect certain data about your interaction with our website, such as pages visited and average time spent on the website, your internet protocol address, the unique identifier of your device and device information such as operating system, operating system version, browser plugins, crashes, system activity, hardware settings, date and time of your request and referral URL, and cookies that may uniquely identify your browser and mobile application.
3. We use this data to analyse how you use our website and improve the services provided through the website;

2.  How We Use Your Data

2.1 Your email address and phone number is used to send you updates regarding the Services.

2.2 We may also use your information to verify your identity in the event you contact us for assistance with the site or services.

3.  Access Your Information

3.1 Your personal information is yours. Under Indian law, you have the right to ask us for a readable copy of all your personal information stored with us.

3.2 If you have any questions about the accuracy or safety of your information, please do contact us at the address given below:

3.3 Grievance Office Name: [N.Venkatasubramanian]

Email id [venkat@samriddhiinvestment.com]

4. Disclosure of Information

4.1 Under no circumstances will we sell or rent your personal information to anyone, for any reason, at any time. We have taken best and reasonable steps to ensure prevention of any unauthorised disclosure of your sensitive personal information.

4.2 Disclosure for regulatory compliances:We will share your information with judicial, administrative and regulatory entities to comply with any legal and regulatory requirements.

4.3 Disclosures with your prior consent:If, at any time, you choose to utilise the integrated services of third party service partners through us, we will share your information with these third party service partners with your prior consent.

Disclosure for provision of Services: We will share your information with third party vendors as necessary for the provision of Services. Authorized third party vendors are bound by the same standards of data security practices and procedures as we are under law and contract. They are subject to the same penalties as we are for the unauthorised disclosure of your personal information.

5.  Security Practices and Procedures

5.1 We follow industry best practices, using open and known principles when transferring and storing your data.

6.  Our Legal Obligation to You

6.1 We are bound by the (Indian) Information Technology Act, 2000, and comply with all its provisions. Under Section 43A of the (Indian) Information Technology Act, 2000, We and all its vendors are obliged to maintain reasonable security procedures to safeguard your data.

7. Changes to this Privacy Policy

7.1 This Privacy Policy is published on the application/website in compliance with Regulation 4 of the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.
7.2 We update this Privacy Policy periodically. The date of last revision appears at the top and all changes take effect immediately upon posting. Your continued use of the Services shall imply your acceptance to any such modifications.
7.3 If you do not agree with the terms of this Privacy Policy or any changes made to this Policy, please stop using all Services immediately and write to us at the address mentioned above.