Terms & Conditions - theheapdump/kite-webapp GitHub Wiki

This Agreement sets forth the Terms & Conditions that apply to your access and use of the Internet Web site located at owned & operated by . All information, tools, features and functionality (together the "Service") located on website constitute an "invitation to offer" and applies to you, whether you are a "Visitor" (which means that you simply browse the website) or you are a "Member" (which means that you have registered with ). The term "you" or "User" refers to a Visitor or a Member. The term "we" refers to . In using the service of , you agree to be bound by this agreement as well as any of its amendments from time to time in the future and you are deemed to have accepted the terms and conditions listed below and you represent that you have the capacity to be bound by it.

You hereby agree and Confirm that We hereby reserve the right to cancel any service without providing any reason. This will be regardless of whether the payment has been confirmed/received. Rescheduled dates of the service will be informed by email.

The user agrees to give the correct information which is true and authentic. We reserve the right to confirm the information provided by the user. We also reserve the right to disallow any user to use this website and may reject / cancel the booking of service without providing any reason whatsoever.

We will not be held liable for any credit card fraud that occurs on its website. Users have to use only their card when they make their payments. The liability of using a fraudulent credit card lies on the user and the responsibility to establish otherwise shall exclusively be the users.

We will not be responsible for any delay of the service days because of flood, fire, wars, act of God or for any reason that are beyond our control.

Terms of the Services Regarding Setting up of Trading Systems All Instructions in relation to the Services shall be issued to/by the Customer through the Website or, email by or in any other manner as may be specified by from time to time. The Customer agrees and acknowledges that any Instruction given or purported to be given to/by him/her is at his/her risk and is only providing the software platform for implementation of the same. may at its discretion not carry out any setups where has reasons to believe that the instructions are not genuine or are otherwise improper or unclear or raise a doubt. shall not be liable if any instructions are not carried out for any of the reasons stated herein. All records of generated by the transactions arising out of use of the Services shall be conclusive proof of the genuineness and accuracy and time of submission of the Instructions/recommendations.

Card Details You agree, understand and confirm that the credit card details provided by you for availing of services of will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to . Further the said information will not be utilized and shared by with any of the third parties unless required for fraud verifications or by law, regulation or court order. will not be liable for any credit card fraud.The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

REFUND & CANCELLATION POLICY: We offer a Free Look-up Period as per the following policy:

Free look-up time: 5 service day (5 calendar date since service started i.e. service started on 1st Jan free look up ends on 5th Jan at 12:01 am)* We offer you a five day free look up time if you wish to return or replace our products after buying, you can apply for the same through a written request at support@ from your registered email id and get your money back. Please note that request would be entertained ONLY if we receive request within five days from the date of purchase. Any request send on subsequent dates would not be entertained.

Fraudulent /Declined Transactions reserves the right to recover the cost of service charges and lawyers fees from persons using the Site fraudulently. reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Electronic Communications When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy Policy is a product of and is committed to maintaining the confidentiality, integrity and security of all personal information about our users. This Privacy Policy explains how we protect personal information provided through our website (the "Site") and how we use that information in connection with our service offered through the Site (the "Service"). "Personal information" for purposes of this Policy means information that identifies you, such as your email address or your mobile phone number.

Disclosure, if required by law

If required by Government of India or similar Organizational bodies, would be sharing your personal information to the extent being demanded.

Your data is secure We do not disclose or sell email addresses or mobile numbers We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information. We view protection of your privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. If you object to your Information being transferred or used in this way please do not use the Site.

Intellectual Property Rights The contents of , including its graphic user interface & design (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html- based computer programs) are property of . The contents of belong or are licensed to or its software or data or content suppliers. grants you the right to view and use subject to these terms. Any distribution, reprint or electronic reproduction of any content from in whole or in part for any other purpose is expressly prohibited. The Customer acknowledges that the software underlying the Website as well as other Internet related software which are required for accessing Online Services are the legal property of the and/or its vendors or contractors. The Terms underlying this agreement will not convey any proprietary or ownership rights in the above software. The Customer agrees that he/she shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying the Website or create any derivative product based on the software. The Customer further agrees not to use the name, logo or mark of or its parent company and any related patent, trademarks and service marks applications, design rights, copyrights, and all or any similar or equivalent rights arising or subsisting in any country in the world.

Termination/Un-Registration of Services The Customer may choose to terminate/un-register the Online Services by submission of written request for the same.

may, at its discretion, withdraw temporarily or terminate the Services, either wholly or in part, at any time without giving prior notice to the Customer. may, without prior notice, suspend the Services at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the suspension of the Services. shall endeavor to give a reasonable notice for withdrawal or termination of the Services.

The closure of the Account of the Customer will automatically terminate the Services. may suspend or terminate the Services without prior notice if the Customer has breached these Terms and Conditions or learns of the death, bankruptcy or lack of legal incapacity of the Customer or in case there is any change in the account holders. In such event the Services may be restarted by following the process and submission of such documents as specified by in this regard.

Online and Mobile Alerts may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your account, such as a change in your Registration Information. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Electronic alerts will be sent to the email address you have provided as your primary email address for . If your email address or your mobile device email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your Login ID and some information about your accounts. Depending upon which alerts you select, relevant financial information may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

Rights You Grant to Us By submitting information, data, materials and other content to through the Service, you are authorizing to solely use the submitted information for the purpose of providing the Service. may store and use the content, but only to provide the Service to you. By submitting this content to , you represent that you are entitled to submit it to for use for this purpose, without any obligation whatsoever.

Indemnity You shall defend, indemnify and hold harmless and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you. You agree to defend, indemnify and hold harmless , its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Squareoff.in,any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

In consideration of providing the Services, the Customer, at his own expense, agrees to indemnify, defend and hold harmless, , its directors and employees, representatives, agents, vendors and contractors, as the case may be, against all losses, damages, expenses, actions, claims, demands and proceedings whatsoever, that customers may incur, sustain, suffer or be put to at any time as a consequence of acting on or omitting or refusing to act on any Instructions given by the or otherwise for use of the Services.

Disclaimer of Recommendations, Representations and Warranties -------- NEED EDIT--------- is a tool to help you analyse the stock/financial markets. It helps you make informed trading and investment decisions. Please do your own due diligence before you make any Trading and Investment decisions. We provide analysis on various establised technical parameters. You agree to understand that these parameter does not provide you with absolute decision making. In lot of cases, these indicators gives wrong advice. We, by no means discriminate against stocks of any company. Please note that tips / stock suggestion given in the site/forum is individual's opinion.

Technical analysis can predict future prices of financial instruments only with certain level of accuracy. Therefore, before taking any financial decision, you are requested to consult with an financial expert. While we have taken good care on quality and accuracy of the data but it may contain typographic error and inaccuracies and we expressly disclaim liability for any errors on the site. We do not guarantee of continual of any content on the website.We may at our own discretion may change alter contents. will NOT be held responsible or liable for any actions taken, losses or profits incurred, emotional or otherwise stress caused as a result of trading. Data and interpretation is provided for the purpose of information & helping users understand various financial products like Stocks, Mutual Funds, et al.

uses its own technology to achieve the purpose of simplification using grading and rating techniques. The images, graphics, terminologies including but not limited to labels are for communication purpose only and they should not be construed as investment or trading advice. Investing or trading in Stocks & Mutual Funds is inherently risky and you agree to assume complete and full responsibility for the outcomes of all trading decisions that you make, including but not limited to loss of capital. Algo Trading System -related financial products currently being offered or proposed to be offered in future by Squareoff.in also involve risks and may not be suitable for everyone.

All comments, posts & opinions made by and the user community on are for information purposes only and under no circumstances should be used for actual trading or investing. Under no circumstances should any person at this site make trading decisions based solely on the information displayed herein. By using , you agree to consult with your financial advisor, prior to making any trading decision of any kind. Past performance results have certain inherent limitations & hence it is advisable to consult your registered Trading System/Financial advisor. , its management, Individuals & Financial Investors in the Company and/or their employees take no responsibility for the veracity, validity and the correctness of the information, grades, ratings, news, announcements or other research.

Although we attempt to research thoroughly on information provided herein, there are no guarantees in accuracy. The information presented on the site has been gathered from various sources believed to be providing correct information. Neither nor any of its data or content providers shall be liable for any errors or for any actions taken in reliance thereon.

is not a registered broker-dealer and does not endorse or recommend the services of any brokerage company. The brokerage company you select is solely responsible for its services to you, the user. shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of the brokerage company (commissions, fees & slippage). has taken due care and caution in compilation of the Data provided herein. The Data has been obtained by Squareoff.in from sources, which it considers reliable. However, does not guarantee the accuracy, adequacy or completeness of any Data and is not responsible for any errors or omissions or for the results obtained from the use of such Data. especially states that it has no financial liability whatsoever to the users/subscribers/customers/ of this Data. or any of its directors/ employees/ representatives does not accept any liability for any direct or consequential loss arising from the use of the Data contained herein.

The Content And All Services And Products Associated With Or Provided Through The Service (whether Or Not Sponsored) Are Provided To You On An "as- Is" And "as Available" Basis. Makes No Representations Or Warranties Of Any Kind, Express Or Implied, As To The Content Or Operation Of Or Of The Service. You Expressly Agree That Your Use Of The Service Is At Your Sole Risk.

makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on or of the service (whether or not sponsored), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose. squareoff.in makes no representation, warranty or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitously intercept or expropriate any system, data or personal information.

Alert Disclaimer You understand and agree that any alerts (whether sms, email, phone or otherwise) provided to you through the Service may be delayed or prevented by a variety of factors. does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Liability Disclaimer The Customer agrees that shall not be liable if:

The Customer has breached any of the terms and conditions, contained herein or

The Customer has contributed to or the loss is a result of failure on part of the Customer to advise within a reasonable time about unauthorized access of or erroneous transactions by use of the Algo Trading System

shall endeavor to provide the Algo Trading System on a best effort basis and the Customer shall not hold liable for non-availability of the Services or non-performance by service providers/ vendors, if any, engaged by or any loss or damage caused to the Customer as a result of use of the Algo Trading System for causes which are not attributable to . shall not be liable in any manner to the Customer in connection with the use of the Algo Trading System. Without limitation to the other provisions of this terms and conditions, , its employees, agent, vendors or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of in receiving and processing any Instruction or any failure, delay, interruption, suspension, restriction, or error in 's system and/or any third party who provides such services as is necessary to provide the Services. Notwithstanding anything in the contrary provided in this terms and conditions.

The Customer agrees that may hold and process his personal information concerning his Account on computer or otherwise in connection with the Algo Trading System & analyze the information to improve its Trading System/algorithms, marketing efforts & enhance the overall service levels & offerings . The Customer also agrees may disclose, in strict confidence, to other institutions, such information as may be reasonably necessary for reasons of fraud prevention, for complying with legal directive, statutory reporting, etc. as per regulations of Government of India, SEBI, NSE, BSE, MCX and all concerned authorities.

will not be liable for: acting in good faith on any instructions received by from or on behalf of the Customer in relation to the Algo Trading system;

error, default, delay or inability of to act on all or any of the Instructions given by the Customer

loss of any information/instructions in transmission;

unauthorized access by any other person to any information /instructions given by the Customer or breach of confidentiality;

Disclaimer FOR Trading Analysis Products The Customer acknowledges the risk factors & agrees to have understood the following -

All securities Algo Trading System are subject to market risks and there can be no assurance that the user's objectives will be achieved and the value of the securities may go up or down depending upon the factors and forces affecting the securities market. Past performance of the Securities Markets do not indicate the future performance of the Securities of any Exchange/Markets.

There is no assurance or guarantee to users nor are they offered any guaranteed / assured returns. The value of the securities may be affected, inter-alia by changes in the interest rates, trading volumes in relevant Stock Exchanges, settlement periods, transfer procedures and performance of individual securities and inter-alia be exposed to Price / Interest Rate Risk and Credit Risk.

Accuracy of Information The Customer undertakes to provide accurate and complete information wherever required and shall be solely responsible for the correctness and completeness of information provided by him to at all times, including, but not limited to, the Instructions for the purposes of availing of the Algo Trading System Services. Squareoff.in shall not be liable for consequences arising out of erroneous information supplied by the Customer. If the Customer suspects that there is an error in the information supplied by Squareoff.in to him, he/she shall advise Squareoff.in as soon as possible. will endeavor to correct the error wherever possible on a best effort basis. While will take all reasonable steps to ensure the accuracy of the information supplied to the Customer, shall not be liable against any loss, damages, etc. for any inadvertent error, which results in the providing of inaccurate information.

Limitations of Service & Disclaimer The Customer acknowledges & agrees to the following -

Information, Data, Portfolio or Algo Trading System/Performance Tracking/ Review/ Analysis/ Diagnosis/ Suggested Steps/ Recommendations & their visual interpretation is provided for the purpose of simplification, assistance & helping users understand various financial products. uses its own technology on the Website to achieve the purpose of comparison using technical analysis and rating techniques. The data about past returns, images, graphics, terminologies including but not limited to labels are for communication purpose only and they should not be construed as trading advice of purchase or sell, guarantee of returns through capital appreciation, dividend or interest receivable. Investing or trading in Financial Exchanges/Instruments is inherently risky and the Customer agrees to assume complete and full responsibility for the outcomes of all trading decisions made by him/her, including but not limited to loss of capital. Trading-related financial products currently being offered or proposed to be offered in future by also involve risks and may not be suitable for everyone. All comments, posts & opinions made on the Website by and/or the user communities are for information purposes only and under no circumstances should be used for actual trading. Under no circumstances should any person at this site make investing decisions based solely on the information displayed herein.

, its management, Individuals & Financial Investors in the Company and/or their employees take no responsibility for the veracity, validity and the correctness of the information, grades, ratings, news, announcements or other research. Although it attempt to research thoroughly on information provided herein, there are no guarantees in accuracy. The information presented on the site has been gathered from various sources believed to be providing correct information. Neither nor any of its data or content providers shall be liable for any errors or for any actions taken in reliance has taken due care and caution in compilation of the Data provided herein. The Data has been obtained by from sources, which it considers reliable. However, does not guarantee the accuracy, adequacy or completeness of any Data and is not responsible for any errors or omissions or for the results obtained from the use of such Data. Squareoff.in especially states that it has no financial liability whatsoever to the users/subscribers/customers/ of this Data. or any of its directors/ employees/ representatives does not accept any liability for any direct or consequential loss arising from the use of the Data contained herein.

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE WEBSITE ARE PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED ON AN "ASIS" AND "AS AVAILABLE" BASIS. Squareoff.in MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF OR OF THE SERVICE. THE CUSTOMER EXPRESSLY AGREES THAT HIS/HER USE OF THE SERVICE IS AT HIS/HER SOLE RISK.

makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on the website or any other material distributed by about its service (whether or not sponsored), and expressly disclaims any warranties of noninfringement or fitness for a particular purpose. squareoff.in makes no representation, warranty or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitously intercept or expropriate any system, data or personal information.

It is also clarified that it is endeavor to offer complete suite of facilities & features on its Website for all the needs of Customers. However, all the facilities may not be made available to begin with & the services or options that aren't available today would be made available in future. By choosing Squareoff.in, the Customer acknowledges that he/she is aware of this limitation. Depending on future roadmap & own plans, will strive towards making the its service as comprehensive as possible in not-so-distant future.

Alteration to Pricing, if any offers multiple suites of services to its Customers. Some of them are free at present while some of it are paid for. It is specifically informed to the Customer that shall have the discretion to alter the pricing structure, if & as it may deem fit in future and may at its sole discretion, revise the fees for use of any or all of the Services, by notifying the Customer of such revision through the Website or in any manner as may be specified by from time to time. The Customer shall be required to refer to the schedule of fees put up on the Website from time to time.

Termination of this Agreement Squareoff.in may at any time, terminate its legal agreement with you:

if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);

.if in its sole discretion believes it is required to do so by law Modifications of this Agreement may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the site. Squareoff.in shall have the absolute discretion to amend or supplement any of the Terms and Conditions, features and benefits in relation to the Services. shall communicate the amended Terms and Conditions by hosting the same on the Website only. The Customer shall be responsible for regularly reviewing these Terms and Conditions, including amendments thereto as may be posted on the Website and shall be deemed to have accepted the amended Terms and Conditions by choosing to continue the use the Algo Trading System/Services. Any change in the Terms and Conditions shall be communicated to the Customer, in the manner as aforesaid, within reasonable time period before the date of their implementation. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

Governing Law and Jurisdiction This User Agreement shall be construed in accordance with the applicable laws of India. The courts at Chennai shall have exclusive jurisdiction in any proceedings arising out of, under or in relation to this agreement with , or its officers, directors, employees, investors, agents or affiliates. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Chennai,The High Court of judicature at Chennai alone shall have the jurisdiction and the Laws of India shall apply. You understand that, in return for agreement to this provision, is able to offer the Service at the terms designated, with or without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

Miscellaneous All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

Limitations on Liability shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your access to , your use of the service or this agreement, even if has been advised of the possibility of such damages. notwithstanding anything to the contrary in this agreement, 's liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to nil.