By continuing to use this website and/or application (the "Platform"), including the Platform which allows the user to exchange and discuss information ("Cupressus Enterprises Pvt Ltd.") with the aim to inter alia enhance people’s understanding of matters related to finance, and to promote financial literacy, you agree to be bound by the terms and conditions ("Terms") set out below. Please read the Terms carefully. If you do not agree to the Terms in their entirety, please do not use or access the Platform. The Company through this Platform provides various technology services to its users and Associate Companies.
- Definitions
- "Company" shall mean Cupressus Enterprises Pvt Ltd.
- "Content Creator" shall mean users who creates and shares content on Cupressus Enterprises Pvt Ltd.
- "Intellectual Property Rights" shall mean and include, without limitation, any patents, all current and future copyrights, trademarks, trade secrets, know-how, service marks, database right, inventions, patents, topographies, trade and business names, domain names, marks and devices (whether or not registered), design right, moral right or any other property rights (in each case, whether registered or not and including applications for registration, if any) that grant similar rights as the foregoing, anywhere in the world.
- "Services" shall mean the services provided by the Company and shall also include the services provided to the User by the Associate Companies or third parties on the Platform;
- "User" or "you" shall mean any person, who accesses, uses, installs, or views the Platform (even if you do not avail the Services provided), and includes Content Creator(s)
- "User Data" shall mean any personal and/or sensitive data, information, user transaction data including but not limited to: Aadhaar number and personal information such as your name, address, date of birth, telephone number, gender, e-mail address, location, proof of identity, and other financial and credit information relating to you, including but not limited to bank details, account information and other details.
- Services
- The Company operates the Platform to enable the User to avail the Services. The User acknowledges that not all the Services on the Platform are provided by the Company and services may be provided by the Associate Companies or other third parties. The User shall, before availing such Services, read the terms and conditions and privacy policy of such Associate Company and/or third parties also (as applicable). The Company shall not be liable for any Service that is availed by the User from such Associate Company or third party.
- While you access the services, the Company will act on your express instructions, and any transactions carried out on your behalf shall be subject to your sole consent, discretion and responsibility;
- For enabling the Services, the Company/Associate company can partner with corporate entities including but not limited to brokerage firms, investment advisors, research analysts that are registered with the Securities and Exchange Board of India ("SEBI")
- In order to offer the Services to you, you may be required to create a user profile on the Platform and provide personal and financial information, including but not limited to name, email address, gender, date of birth, contact information, bank details and documents, PAN card, and other information including User Data. You acknowledge that providing such information is necessary for the use of the Services and agree that such information shall be accurate and complete, failing which the Company may cancel or refuse any part of the Services offered to you. You hereby grant your express authorisation to the Company to access, collect, store, and use such data for providing the Services;
- The Company is required to collect User Data, in accordance with the Company’s Privacy Policy available for viewing here;
- You hereby acknowledge, agree and grant your express authorization to the company and Associate companies that the information shared by you on the platform or received by the Company and Associate companies from various intermediaries and third parties may be shared within the Company, Associate Companies and other third parties
- You hereby acknowledge, agree and grant your express authorization to the company and associate companies to receive your investment, financial, personal and other data from different third parties and intermediaries to provide services on the platform
- You declare that you have read, understood and agree to the disclosures made here
- You agree that the records maintained by the Company in respect of the transactions effected using our Services shall be sufficient proof of such transactions;
- The Company/Associate company shall not be liable or responsible for any actual or threatened losses, damages, expenses, disputes or otherwise any claims made in respect of the use or misuse of the Services by you, and the Company/Associate company shall be entitled to cancel or refuse to offer the Services to you without any notice or obligation to provide reasons;
- The efficiency and confidentiality of the information provided by you shall always be subject to the software and hardware used by you, including the capability of your electronic device, internet connection, and such other specifications or features that may be relevant for or ancillary to accessing the Platform and availing the Services;
- By accessing the Services through the Platform, you represent that (a) you are competent to contract with the Company and (b) you consent to these Terms;
- The availability of the Platform and the Services will be subject to any fixes or updates that the Company or the Associate Companies may find necessary to make, and you acknowledge that the Company or the Associate Companies shall not be liable in any manner whatsoever towards any damages, losses or other claims which may be threatened or incurred as a result;
- The Company may amend these Terms, the Privacy Policy or such other terms as it deems necessary from time to time, and you acknowledge and understand that your continued access to the Platform and use of the Services shall be subject to such terms as may be made applicable from time to time. You should periodically review these Terms and Privacy Policy for any latest amendments. Once posted, those changes are effective immediately unless stated otherwise. Continued access or use of the Services constitutes your acceptance of the changes and the amended Terms and Privacy Policy. However, if you do not agree with the changes, please do not continue to use the Services or submit Information to us.
- Third-Party Advertisements
- The Platform may display third-party advertisements or promotional content ("Ads") provided by advertising partners. The Company does not endorse or guarantee the accuracy, reliability, or quality of the products or services advertised.
- By accessing or using the Platform, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any Ads, products, services, or information available through the Ads. Your interactions with the advertisers and any reliance on their content are solely at your own risk.
- The appearance of Ads on the Platform does not constitute an endorsement or recommendation by the Company. We make no representation or warranty regarding the quality, safety, or legality of any advertised product or service, nor the truth or accuracy of any claims made by the advertisers. It is your responsibility to thoroughly research and verify any information provided by the advertisers before making any decisions or taking any actions.
- If you choose to engage with or make a purchase from any advertiser, you do so entirely at your own risk and should review the terms and conditions and privacy policies of the relevant advertisers.
- The Company reserves the right to modify, remove, or refuse any Ads at our discretion and without prior notice.
- By using the Platform, you agree to release and hold harmless the Company, its affiliates, partners, and employees from any and all claims, damages, or liabilities arising out of or related to the Ads displayed on the platform.
- Services offered on the Platform:
- Content in the Services
You understand that all information, reports, images, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes, maps code, language and interactive features generated ("Content"), which has been provided to you on the Platform, are the sole responsibility of the Associate Company or third party who has provided such Content. We shall not be held responsible for any Content which you may find offensive or objectionable on any Associate Company or third-party website.
You acknowledge that neither do we endorse the accuracy of the advertisements and promotional material presented to you on our Platform or as part of the Services by any third-party advertisers nor do we own the intellectual property rights in respect of such material.
- Restrictions
Access to the Platform and use of the Services shall always be subject to the following restrictions, failing which the Company may take any action it deems necessary at its sole discretion:
- You agree not to attempt to reverse-engineer, disseminate, copy, exploit, or represent yourself as an agent or reseller of the Platform and the Services, or any part thereof;
- You agree not to misrepresent yourself as or impersonate any other person, or otherwise cause harm to any person;
- You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, invasive, or unlawful content, including content which is objectionable or results in a breach of privacy of any other person;
- You agree not to use or abuse the Platform for or in relation to any illegal or unlawful purposes including fraud, embezzlement, money laundering, etc.;
- You agree not to carry out or facilitate any actions which result in a detrimental effect on the Platform or the Services, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware, or network of any other person or the Platform or the Services;
- You agree that you are granted a non-exclusive license for the purpose of enabling you to use and access our Platform and Services. Except with our prior written consent, you may not assign (or grant a sub-license of) your rights to use the Service or otherwise transfer any part of your rights to use the Service.
- You agree not to violate any applicable laws, whether or not intended by you;
- You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Platform and the Services in accordance with these Terms.
- You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, pornographic, pedophilic, invasive of another’s privacy including bodily privacy, or unlawful content, including content which is harmful to children, objectionable or results in a breach of privacy of any other person, content which is insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force in India;
- You agree not to carry out or facilitate any actions which result in a detrimental effect on the Platform or the Services or any related computer resource, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware, or network of any other person or the Platform or the Services;
- You agree that you shall have no right to the intellectual property and any proprietary information made available or accessible through the Platform or the Services;
- You agree not to violate any applicable laws, whether or not intended by you;
- You represent and warrant that you possess the legal right and ability to enter into these terms and to use the Platform and the Services in accordance with these terms;
- User Obligations
- The user undertakes to:
- be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account.
- be responsible for all activities that occur under your account or password.
- take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- ensure that the details you provide us with are true, correct and complete and inform the Company immediately of any changes to the information that you provided when registering.
- not use the service for any illegal purposes or for the violation of any law or statutory regulation, including, but not restricted to indulging in; (i) any unfair, manipulative or fraudulent practices, in terms of the SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003; or (ii) any insider trading and/or communication of unpublished price sensitive information in terms of the SEBI (Prohibition of Insider Trading) Regulations, 2015.
- not to copy, reproduce, recompile, decompile, assemble, disassemble, distribute, publish, display, modify or upload to, create derivative works from, transmit, or in any way exploit any part of the Service, except for downloading material from the Service for his /her own personal, non-commercial use.
- agree to receive periodic alerts and newsletters.
- ensure that you obtain all necessary rights to the content you post or share on the Website.
- ensure that your activities on the Platform are not in violation of the SEBI (Investment Advisers) Regulations, 2013 and SEBI (Research Analyst) Regulations, 2014 and any other applicable SEBI regulations. You agree that you will not provide any investment advice or research analyst services as set out in the aforementioned regulations.
- ensure that you engage only with SEBI-registered investment advisers or research analysts to avail investment advisory services or research analyst services.
- Subscription Cancellation Policy
- We allow cancellation of your subscription plan at any time. You will still continue to enjoy all the subscription benefits till the next renewal date, after which you will be unsubscribed.
- The Company shall not refund any money (in whole or in part) paid towards the subscription plan in case you cancel the subscription during the subscription period
- Intellectual Property Rights
You acknowledge and agree that the Company, Associate Companies or their respective licensors, own all legal rights, title and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services.
Unless you receive our express authorization in writing, you agree that in using the Services or accessing our Platform, you shall not use any trademark, service mark, trade name, the logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
You further acknowledge that our Services may contain information that is designated as confidential by us and that you shall not disclose such information without our prior written consent.
- Exclusion of Warranties
- The Company does not provide any warranty, express or implied, for the accuracy or completeness of the Platform or the Services, and expressly disclaims any liability for any errors or omissions;
- The use of the Platform and the Services is at your own risk and consequence. In no event shall the Company be held liable for any damages or claims whatsoever in connection with any inaccuracy, error, failure, omission, delay or otherwise;
- Nothing in these Terms shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
- We further do not represent or warrant to you that:
- Your use of our Platform and Services will meet your requirements;
- Your use of the Platform and Services will be uninterrupted, timely, secure or free from error, including specifically from server downtime;
- Any information obtained by you as a result of your use of the Platform and Services will be accurate or reliable.
- You agree that any material downloaded or otherwise obtained through the use of the Services and Platform is done at your own discretion and risk and we shall not be liable for any damage to your computer system or other device or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from us or from the use of Services shall create any warranty not expressly stated in these Terms.
- We further expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
- Miscellaneous
- In order to provide the Services and access to the Platform, the Company may be required to create a user profile that may be linked to third-party platforms or Associate Company’s platforms as may be necessary or requested by you subject to verification. The creation of the user profile shall require the Company to retain certain User Data for providing a safe and efficient user experience;
- The Company, the Associate Companies and their respective affiliates, subsidiaries, directors, employees, promoters and agents shall not be liable for:
- any direct, indirect, incidental, special, consequential or exemplary loss or damage suffered by the User, however, caused and shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss, arising out of the use of, or inability to use or access of our Platform or Service or any security breach or any virus, bug, unauthorised intervention, technical malfunctioning or defect, whether or not forceable and whether or not we have been advised of the possibility of such damage.
- Any loss or damage incurred by you owing to any temporary disablement or permanent discontinuance of our Platform or Services and any deletion, corruption or failure to store any content or other communications maintained by your use of our Services; and
- which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services.
- You agree to indemnify and keep the Company, Associate Company, their respective affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by such party related to any User Content posted or transmitted by User during the use of the Platform or Service or any unauthorised use of the Platform or Service in contravention of this Terms.
- The Privacy Policy and the Associate Company Terms shall be read to form a part of these Terms;
- These Terms shall be governed by and under the laws of India and shall be subject to the exclusive jurisdiction of Kolkata. Any failure or delay by the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statutory period of limitation, any claim shall be filed within one (1) year after the relevant cause of action arose;
- The Company shall be absolutely entitled to deactivate/suspend/restrict/terminate your use of the Platform and the Services in the event of any breach of these Terms by you, or otherwise, any event, including the following,
- When it comes to the notice of the Company, that information provided by the user at the time of registration is false, incorrect or fake
- Unauthorised use or access by the user
- On grounds of non–payment of fees and objectionable behaviour of any kind.
- On violation of the Community Guidelines
which gives rise to any reason for the Company to discontinue the offering of the Platform or Services to you, without any notice or obligations whatsoever;
The Company shall not refund any money paid towards any paid plan in case of deactivation / suspension / restriction / termination of any user account in the above-mentioned circumstances. The Company shall have the right to retain the information of the user, whose account has been deactivated / suspended / restricted / terminated for a period of 180 days to comply with applicable law.
- In the event a User who has charged a subscription fee from other Users to provide them with premium content, has, in the opinion of the Company, provided investment advice or research analyst services in terms of the SEBI (Research Analyst) Regulations, 2013 and SEBI (Research Analyst) Regulations, 2014 respectively, to a User/s on or through Cupressus Enterprises Pvt Ltd., or used Cupressus Enterprises Pvt Ltd., directly or indirectly, to carry out any front running, unfair, manipulative or fraudulent activities, insider trading, or to communicate any unpublished price sensitive information, such User shall, on an immediate basis, refund such subscription fees to the concerned Users, as may be determined by the Company.
- You agree that the Company does not verify or endorse the views of the content creators who publish content on the Cupressus Enterprises Pvt Ltd., including if any content so provided may be of the nature of investment or financial advice. The Company is not liable for any loss suffered by the user who may make any investment decision based on the content shared on Cupressus Enterprises Pvt Ltd..
- The user can terminate his/her user account with or without notice at any time by discontinuing the use of the Services. In such an event, the Company shall not refund any money paid towards any paid plan.
In the event the Company receives any order of the court, or any governmental authority, or upon actually becoming aware, that any unlawful information is being displayed on the Platform, the Company shall remove such information in accordance with the procedure and timelines required to be adhered to under applicable laws.
