These terms and conditions of Use (hereinafter referred as “Terms of
Usage”) describe and govern the User’s use of the content and services
offered by Dailynivesh Innovations Private Limited through
www.dailynivesh.com.
UPDATION
The Website may update/amend/modify these Terms of Usage from time to
time. The User is responsible to check the Terms of Usage periodically
to remain in compliance with these terms.
USER CONSENT
By accessing the Website and using it, you (“Member”, “You”, “Your”)
indicate that you understand the terms and unconditionally & expressly
consent to the Terms of Usage of this Website. If you do not agree
with the Terms of Usage, please do not click on the “I AGREE” button.
The User is advised to read the Terms of Usage carefully before using
or registering on the Website or accessing any material, information
or services through the Website. Your use and continued usage of the
Website (irrespective of the amendments made from time to time) shall
signify your acceptance of the terms of usage and your agreement to be
legally bound by the same.
GENERAL DESCRIPTION
The Website is an internet-based portal having its existence on World
Wide Web, Application and other electronic medium and provides
Investment Advisory content, reports, data, telephone, video and email
consultations (hereinafter referred as “Content”). The Website is
offering “Free Services” and “Paid Services” (Collectively referred as
“Services”). Free Services are easily accessible without becoming a
member however for accessing the personalised Investment Advisory
services and/or receive additional Content and get access to Paid
Services, You are required to register as a member on the portal. By
registering for Paid Services, a Member agrees to:
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To provide current, complete, and accurate information about himself
as prompted to do so by the Website.
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To maintain and update the above information as required and
submitted by you with the view to maintain the accuracy of the
information being current and complete.
REGISTRATION AND ELIGIBILITY
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The User of the Website must be a person who can form legally
binding contracts under Indian Contract Act, 1872. A minor under the
age of eighteen (18) in most jurisdiction, are not permitted to
avail the services provided on the Website without a legal guardian
in accordance with the applicable laws. The Website would not be
held responsible for any misuse that may occur by virtue of any
person including a minor using the services provided through the
Website.
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For the User to avail the services, the User will be directed to
Register as a Member on the Website whereby You (User) agree to
provide update, current and accurate information while filling up
the sign-in form. All information that you fill and provide to the
Website and all updates thereto are referred to in these Terms of
Usage as “Registration Data“.
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An account could be created by you through the Website ID (Your
Phone Number) and password (OTP) or other log - in ID and password
which can include a facebook, gmail or any other valid email ID. The
User while creating an account hereby represents and warrants that
all the information provided by the User is current, accurate and
complete and that the User will maintain the accuracy and keep the
information updated from time to time. Use of another User’s account
information for availing the services is expressly prohibited. If in
case it is found that the information so supplied on the Website is
inaccurate, incomplete, untrue and not current, the Website has the
right to suspend or terminate the User’s account and restrict/refuse
the use of the Website by such User in future.
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The right to use this Website is personal to the User and is not
transferable to any other person or entity. The User would be
responsible for protecting the confidentiality of User’s passwords
and other information required for the purposes of registration. The
User would be fully responsible for all the activities that occur
under the User’s account with the Website. The Website cannot and
will not be liable for any loss or damage arising from the User’s
failure to maintain secrecy and confidentiality. The User shall
notify the Website immediately if they become aware of any
unauthorized use of their Account(s) or breach of any security. The
User must log out from its account at the end of the session.
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The User while availing any service shall be informed whether the
service so rendered is personal to the Website or is available from
a Third party. The Website shall have no control or monitoring on
the information disseminated to any third party via the Website.
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The User agrees, understands and confirms that his/ her personal
data including without limitation to details relating to debit card/
credit card transmitted over the Internet may be susceptible to
misuse, hacking, theft and/ or fraud and that the Website or the
Payment Service Provider(s) have no control over such matters.
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The Website does not permit the use of the Services by any User
under the following conditions: -
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If the User is a resident of any jurisdiction that may prohibit
the use of the Services rendered by the Website.
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If the User is a resident of any State/Country that prohibits by
way of law, regulation, treaty or administrative act for entering
into trade relations or/and Due to any religious practices. If the
User has created multiple accounts using various mobile numbers.
The User may not have more than one active account with the
Website.
FEATURE “CALL WITH INVESTMENT ADVISOR”
The Website is providing certain service which is available through
the medium of telecommunication with the Investment Advisor listed and
enrolled with the Website. By agreeing to the present Terms of Usage,
you are also giving your unconditional consent to the Website to
arrange a call with you on your mobile number even though your number
is on DND service provided by your mobile service provider.
WEBSITE CONTENT
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The Website and any individual Websites which may be available
through external hyperlinks with the Website are private property.
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All interaction on this Website inclusive of the guidance and advice
received directly from the Licensed Provider must comply with these
Terms of Usage.
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The User shall not post or transmit through this Website any
material which violates or infringes in any way upon the rights of
others, or any material which is unlawful, abusive, defamatory,
invasive of privacy, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a
criminal offence, give rise to civil liability or otherwise violate
any law.
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The Website shall have a right to suspend or terminate access by
such User or terminate the User’s registration and such User shall
not gain access to the Website.
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The Website reserves the right to terminate the access or to change
or discontinue any aspect or feature of the Website including, but
not limited to, content, graphics, deals, offers, settings, etc.
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Any information other the guidance and advice, received directly
from the Third-Party Service Provider, the educational, graphics,
research sources and other incidental information on the Site, the
content, should not be considered as medical advice.
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The Website does not take guarantee regarding the medical advice, if
provided, by the third-party service provider inclusive of
registered Investment Advisors with the site. The User should always
talk to an appropriately qualified health care professional for
diagnosis and treatment including information regarding which
medications or treatment may be appropriate for the User. None of
the Content represents or warrants that any particular medication or
treatment is safe, appropriate, or effective for you. Dailynivesh
Innovations Private Limited does not endorse any specific tests,
medications, products or procedures.
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The Website does not take guarantee of any untoward incident that
may happen with the User after seeking the Service. The Website or
the Service Provider providing the advice is not liable and does not
guarantee any results as expected by the User and accessing the
Website in such scenario is purely at the risk of the User.
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By using the Site, Application or Services, User hereby agrees that
any legal remedy or liability that you seek to obtain for actions or
omissions of other Members inclusive of the service provider
registered with the Website or other third parties linked with the
Website, shall be limited to claim against such particular party who
may have caused any harm. You agree not to attempt to impose
liability on or seek any legal remedy from the Website with respect
to such actions or omissions.
USER ACCOUNT ACCESS
The Website shall have access to the account and the information
created by the User for ensuring and maintaining the high-quality
services provided by the Website and for addressing the need of the
customer in the most effective manner. User hereby consents for the
unconditional access of the account by the Website, its employees,
agents and other appointed person in such regard. For the purpose of
addressing the complaints (if any received) and any suspected abuse
reported, the Website shall investigate on case-to-case basis from the
records available. The User is directed to read the terms provided in
the Privacy Policy as regards such records.
PRIVACY POLICY
The User hereby consents, expresses and agrees that the User has read
and fully understand the Privacy Policy of the Website. The User
further consents that the terms and contents of such Privacy policy is
acceptable to the User inclusive of any update/alteration/change made
and duly displayed on the Website.
BREACH AND TERMINATION
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The Website may, in whole or in part, without informing the User,
modify, discontinue, change or alter the services ordered or the
Account of the User registered with the Website. The Website may or
may not issue notice or provide any reason for such action taken by
the Website.
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Violation of any conditions mentioned in this Terms of Usage shall
lead to immediate cancellation of the Registration of the User, if
registered with the Website. The Website reserves right to terminate
and initiate action immediately, if: The Website is not able to
verify and authenticate the Registration data or any other relevant
information provided by the User.
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The Website believes that the actions of the User may cause legal
liability for the Website, other Users or any service provider
linked with the Website.
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The Website believes that the User has provided the Website with
false and misleading Registration Data or there is interference with
the other Users or the administration of the services, or have
violated the privacy policy as listed by the Website.
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For the Service Provider inclusive of the Investment Advisor, You
understand and agree that your relationship with the Website is
limited to being a member and You act exclusively on your own behalf
and for your own benefit. The Website may terminate and de-activate
the Profile of such service provider for any violation of the
present terms of usage and the Service Terms and Conditions agreed
upon between the parties while registration of the data by such
Service Provider.
DELIVERY, CANCELLATION AND REFUND
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No refund shall be processed on the order of any reports under any
circumstances if the order has reached the “processing” (Assigned to
an Investment Advisor) stage. The risk and liability of placing
order in a haste and careless manner totally lies with the User and
the Website is not responsible for any refund once the processing
stage has started.
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No refund shall be processed once the Order has been placed and
executed. However, if the User intends to cancel a successfully
placed order before execution, the User is required to contact the
customer care team within 1 (one) hour of making the payment,
whereafter it is totally at the discretion of the Website whether to
issue refund.
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Any technical delay or glitch reported in the Website during the
processing of the request which includes generating reports by the
service provider i.e. Investment Advisor shall not be eligible for
claiming refund. The User agrees that the timelines are approximate
and all essentials steps would be taken to adhere to the timelines
as displayed.
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No refund shall be processed for the reason that in-correct
information or data has been provided by You. The User agrees to be
careful while providing any information to the Website and must
re-check the information filled before clicking on “Submit”. The
User can request for change in the in-correct information or data
entered provided, the request for such change has been made with the
customer care within 1 (one hour) of execution of the service
rendered by the service provider.
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No refund shall be processed for return of any damaged product. The
User undertakes and agrees that by ordering any product as displayed
on the Website, the Registered User shall be fully responsible for
any damaged caused to the product, post its delivery. For orders
made via “Cash on Delivery” method of payment, the User shall be
charged for the cost of the product as displayed by the Website and
the shipping/custom/courier charges as applicable, if the product is
returned.
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Refund on pro-rata basis may be considered for any delay in the
activation of the subscription services and any damage that may be
caused to the product while in transit shall be dealt by the Website
and its agencies.
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You agree that the display picture for the products listed for
purchase by the User are for reference purpose only and the Website
will try to deliver the product ordered in an as-is condition as
displayed on the Website. The User is advised to exercise discretion
in such case and no refund shall be issued on such grounds.
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The services offered and the products sold are strictly not meant to
replace any philosophical, emotional or medical treatment. The
Website holds no responsibility or liability about the reality or
reliability of the Investment Advisory effects on the human
physiology, by the gems represented and sold on the Website. The
placing of order for buying such products or taking the services is
solely on the discretion and will of the User and the Website does
not have any responsibility upon the products sold. The User is
advised to exercise discretion in such case and no refund shall be
issued on such grounds.
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No refund shall be processed for providing a wrong contact number
for the purpose of availing the “Call with Investment Advisor”
feature. The User once opted for this feature is advised to keep the
Contact Number in full coverage area and must answer the call when
received. No refund shall be processed for any call which gets
connected.
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The refunds, if any, shall be processed after deduction of the
transaction charges levied by the Bank and/or the Payment Gateway,
to & fro cost of the shipping and/or courier charges (With regard to
purchase of a product listed on the Website), customs duty (if
levied) and/or any other charges that may have been incurred by the
Website during processing and/or delivering the service, as
applicable.
In case the Website or Payment gateway’s webpage, that is linked to
the Website, is experiencing any server related issues like ‘slow
down’ or ‘failure’ or ‘session timeout’, the User shall, before
initiating the second payment, check whether his/her Bank Account has
been debited or not and accordingly resort to one of the following
options:
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In case the Bank Account appears to be debited, ensure that you do
not make the payment twice and immediately thereafter contact the
Website via customer care to confirm payment.
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In case the Bank Account is not debited, the User may initiate a
fresh transaction to make payment.
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However, refund for multiple payment, if any, even after the above
precaution against the same order shall be refunded in full without
deduction of the transaction charges as mentioned above. The Website
shall only retain the cost of one single order as intended to be
placed by the User.
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If there are orders that the Website is unable to accept and must
cancel, the Website at its sole discretion, reserves the right to
refuse or cancel any order for any reason whatsoever. Some
situations may result in the order being cancelled and include,
without limitation, non-availability of the service, inaccuracy,
error in pricing information or other problems as identified. If the
User’s order is cancelled after charges being paid against the said
service, the said amount paid for booking shall be refunded.
USER OBLIGATION
The User (inclusive of the Investment Advisor and the Member Customer)
under an obligation not to violate the privacy policy, terms and
conditions and any other terms as defined on the Website. The User
represents that he is an individual and not a corporation or other
legal business entity. The rights to use the Website’s services is
personal to the User.The User shall while using the Website and
engaged in any form of communication on any of the forums inclusive of
the products listed on the Website shall not violate the terms and
conditions which are inclusive of:-
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The User shall not Post, publish or transmit any messages that is
false, misleading, defamatory, harmful, threatening, abusive,
harassing, defamatory, invades another's privacy, offensive,
promotes racism, hatred or harm against any individual or group or
religion or caste, infringes another's rights including any
intellectual property rights or copyright or trademark, violates or
encourages any conduct that would violate any applicable law or
regulation or would give rise to civil liability.
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The User shall not upload or post or otherwise make available any
content that User do not have a right to make available, under any
law or under contractual or fiduciary relationships.
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The User shall not upload or post or otherwise make available any
content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party. The User may,
however, post excerpts of copyrighted material so long as they
adhere to Fair Use guidelines.
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The User shall not collect screen names and email addresses of
members who are registered on the Website for purposes of
advertisement, solicitation or spam.
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The User shall not send unsolicited email, junk mail, spam, or chain
letters, or promotions or advertisements for products or services.
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The User shall not upload or distribute files that contain viruses,
corrupted files, or any other similar software or programs that may
damage the operation of the Website or another’s computer.
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The User shall not engage in any activity that interferes with or
disrupts access to the Website
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The User shall not attempt to gain unauthorized access to any
portion or feature of the Website, any other systems or networks
connected to the Website, to any of the services offered on or
through the Website, by hacking, password mining or any other
illegitimate means.
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The User shall not violate any applicable laws or regulations for
the time being in force within or outside India. The use and
continuous use of the Website is subject to but not limited to using
the services for personal use.
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The User shall not resell or make any commercial use of the Services
without the express written consent from the Website.
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The User shall not violate these Terms of Usage including but not
limited to any applicable Additional terms of the Website contained
herein or elsewhere.
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The User shall not Reverse engineer, modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information or software
obtained from the Website.
The User by becoming a Registered member of the Website agrees to the
following situations, which list is not exhaustive and may include
services incidental to the below mentioned: -
- The User agrees to receive certain specific emails and SMS alongwith
calls from the Website.
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The User agrees not to transmit via the Website any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature.
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The User not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national or
international law or regulation. Attempts to gain unauthorized
access to other computer systems are prohibited.
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The User shall not interfere with any other members' use or
enjoyment of the Website or Services.
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The User is under an obligation to report any misuse or abuse of the
Site. If you notice any abuse or misuse of the Site or anything
which is in violation of this Agreement, you shall forthwith report
such violation to Website by writing to Customer Care. On receipt of
such complaint, Website may investigate such complaint and if
necessary, may terminate the membership of the Member responsible
for such violation abuse or misuse without any refund of the
subscription fee.
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Any false complaint made by a Member shall make such Member liable
for termination of his / her membership without any refund of the
subscription fee.
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The Website reserves the right to withdraw its services to any
customer who is found to be unreasonable or abusive during their
conversation with the Service Provider inclusive of Investment
Advisor regardless of any reason.
While the Website shall take all steps to resolve any situation that
is in violation of the above obligations arises, however if the
situation is not controllable, the Website reserves its right to send
a written warning henceforth. Such violations, if repeated by the
User, shall lead to a total ban for transacting on the platform by
such User. If any balance is present in the wallet of the User, the
same shall be refunded subject to the other charges that may be
applicable for such violations.
BANK ACCOUNT INFORMATION
The User is under an obligation to provide his banking information as
and when required. For that purpose, the obligation of the User are:-
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The User agrees that the debit/credit card details provided by him/
her for use of the aforesaid Service(s) must be correct and accurate
and that the User shall not use a debit/ credit card, that is not
lawfully owned by him/ her or these of which is not authorized by
the lawful owner thereof. The User further agrees and undertakes to
provide correct and valid debit/credit card details.
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The User may pay the fees required, to the Website by using a
debit/credit card or through online banking account. The User
warrants, agrees and confirms that when he/ she initiates a payment
transaction and/or issues an online payment instruction and provides
his/ her card / bank details:
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The User is fully and lawfully entitled to use such credit / debit
card, bank account for such transactions;
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The User is responsible to ensure that the card/ bank account
details provided by him/ her are accurate;
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The User is responsible to ensure sufficient credit is available
on the nominated card/ bank account at the time of making the
payment to permit the payment of the dues payable or the bill(s)
selected by the User inclusive of the applicable Fee.
The User further agrees that if any part of these Terms of Usage are
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth herein, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of these Terms of Usage shall continue in effect.
DISCLAIMER / LIMITATION OF LIABILITY / WARRANTY
The User expressly understands and agree that, to the maximum extent
permitted by applicable law, the Website does not provide warranties
for the service. Investment Advisory counselling provided through the
Website is based on cumulative or individual knowledge, experience and
interpretations of Investment Advisors and as such, it may vary from
one Investment Advisor to another.
The Website is offering services through a diverse panel of Investment
Advisors duly verified by the Website and such Service Provider
(Investment Advisor) may from time to time make recommendations of
using mantras, jantras, gemstones or other Investment Advisory
remedies to be used by User. Such recommendations are being made in
good faith by the Investment Advisors and the Website and its
subsidiaries, affiliates, officers, employees, agents, partners, and
licensors make no warranty that:
Notwithstanding anything to the contrary contained herein, Dailynivesh
Innovations Private Limited liability to you for any cause whatsoever,
and regardless of the form of the action, will at all times be limited
to the amount paid, if any, by you to the Website, for the service
during the term of membership.
INDEMNIFICATION
The User shall indemnify, defend and hold harmless the Website and its
parent, subsidiaries, affiliates, officers, directors, employees,
suppliers, consultants and agents from any and all third party claims,
liability, damages and/or costs (including, but not limited to,
attorney’s fees) arising from Your use of the Services, Your violation
of the Privacy Policy or these Terms of Service, or Your violation of
any third party's rights, including without limitation, infringement
by You or any other user of Your account of any intellectual property
or other right of any person or entity. These Terms of Service will
inure to the benefit of Website’s successors, assigns, and licensees.
PROPRIETARY RIGHTS TO CONTENT
The User acknowledges that the Content, including but not limited to
text, software, music, sound, photographs, video, graphics or other
material contained in sponsor advertisements or distributed via email,
commercially produced information presented to Member by the Website,
its suppliers, and/or advertisers, is protected by copyrights,
trademarks, service marks, patents and/or other proprietary rights and
laws. The User is not permitted to copy, use, reproduce, distribute,
perform, display, or create derivative works from the Content unless
expressly authorized by the Website, its suppliers, or advertisers.
Moreover, the content such as images, text, designs, etc on all of the
portals of the Website are taken from various online portals such as
Google Images. Dailynivesh Innovations Private Limited is not liable
for any copyrights of that content or data.
NOTICES
Except as otherwise stated in these Terms of Service, all notices to a
party shall be in writing and shall be made either via email or snail
mail. Notice shall be deemed given 24 hours after an email is sent, or
3 days after deposit in the snail mail, to Member at the address
provided by Member in the Registration Data and to the Website at the
address set forth below:
“Spring House, C28C, Lower Ground, Sector - 8, Noida, Uttar Pradesh -
201301, India”
GOVERNING LAW AND JURISDICTION
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Any dispute, claim or controversy arising out of or relating to this
Terms of Usage including the determination of the scope or
applicability of this Terms of Usage to arbitrate, or your use of
the Application or information to which it gives access, shall be
determined by arbitration in India, before a sole arbitrator
mutually appointed by Members and Website. Arbitration shall be
conducted in accordance with the Arbitration and Conciliation Act,
1996. The seat of such arbitration shall be New Delhi. All
proceedings of such arbitration, including, without limitation, any
awards, shall be in the English language. The award shall be final
and binding on the parties to the dispute.
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Notwithstanding the foregoing, either party has the right to seek
any interim or preliminary relief from a court of competent
jurisdiction in New Delhi in order to protect the rights of such
party pending the completion of any arbitration hereunder, and both
parties agree to submit to the exclusive jurisdiction of the courts
of India and venue in New Delhi for any such proceeding. If either
party files an action contrary to this provision, the other party
may recover attorneys' fees and costs up to One Lakh Rupees INR.
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These Terms of Usage shall be governed by and construed in
accordance with the laws of India without giving effect to any
choice of law and principles that would require the application of
the laws of a different state. If for any reason a court of
competent jurisdiction finds any provision or portion of these Terms
of Usage or Privacy Policy to be unenforceable or invalid, such
provision shall be changed and interpreted so as to best accomplish
the objectives of such unenforceable or invalid provision within the
limits of applicable law, and the remainder of the Terms of Usage or
Privacy Policy, as applicable, will continue in full force and
effect. Headings are for reference purposes only and in no way
define, limit, construe, or describe the scope or extent of such
section. Any waiver of any provision of the Terms of Usage shall be
effective only if in writing and signed by Dailynivesh Innovations
Private Limited. These Terms of Usage constitute the entire
agreement between the parties with respect to the subject matter
hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such
subject matter.
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These Terms of Usage and your use of the Services will be
interpreted in accordance with the laws of India excluding its rules
on conflicts of laws. The parties agree to submit any dispute
arising under these Terms of Usage to the jurisdiction of a court
located in New Delhi for any actions for which the parties retain
the right to seek injunctive or other equitable relief in a court of
competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a party's copyrights,
trademarks, trade secrets, patents, or other intellectual property
rights.
Contact Us
If you have any questions about this Privacy Policy, please contact us
at:
Email:privacy@pehlasubbroker.com
Address: A-1B SECTOR-16 NOIDA -201301
Phone:+91 97739 84066
Thank you for choosing PehlaSubBroker. We are committed to protecting
your privacy and ensuring the security of your personal information.
Simple & Free Investing
