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CapMetrics Terms of Service

For the purpose of this document, “CapMetrics” refers to CapMetrics Investment Advisers Pvt. Ltd. www.purnartha.com is a registered domain owned by CapMetrics


By using CapMetrics’s features and services or web sites ("CapMetrics services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement on our website.


1. USE OF SERVICES


CapMetrics offer services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the Indian laws or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of CapMetrics services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify CapMetrics of any unauthorized use of your password or account or any other breach of security. CapMetrics cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.


APPROPRIATE CONDUCT

You understand that all information, data, text, software, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. CapMetrics reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via CapMetrics services.

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using CapMetrics services and for any consequences thereof. You agree to use CapMetrics services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts CapMetrics services or servers or networks connected to CapMetrics services.

You agree to comply with your company's data usage and privacy policies.Users outside of India agree to comply with their own local rules regarding online conduct and acceptable content.

You agree to give rights to CapMetrics to receive data from the broker or agents for updation of portfolio or analysis purpose.

You agrees to give rights to broker / agent to update your transaction data on CapMetrics.

2. PROPRIETARY RIGHTS


CapMetrics's Rights:

You acknowledge and agree that CapMetrics services and any necessary software used in connection with CapMetrics services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Except as expressly authorized by CapMetrics or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, CapMetrics services or Software, in whole or in part except as specifically authorized in a separate written agreement.


Your Rights:

CapMetrics claims no ownership or control over any Content submitted, posted or displayed by you on or through CapMetrics services. You or a third party, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through CapMetrics services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through CapMetrics services which are intended to be available to the members of the public, you grant CapMetrics a worldwide, non-exclusive, royalty-free license to analyse, reproduce, adapt, modify, publish and distribute such Content on CapMetrics services for the purpose of displaying, distributing and promoting CapMetrics services. CapMetrics reserves the right to syndicate Content submitted, posted or displayed by you on or through CapMetrics services and use that Content in connection with any service offered by CapMetrics. CapMetrics reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.


3. SOFTWARE AND AUTOMATIC UPDATES

Your use of any Software provided by CapMetrics will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software.


4. GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that CapMetrics has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by CapMetrics services. You acknowledge that CapMetrics may have set no fixed upper limit on the number of transmissions you may send or receive through CapMetrics services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.


5. PERSONAL NON-COMMERCIAL USE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of CapMetrics services, use of CapMetrics services, or access to CapMetrics services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.


6. MODIFICATIONS TO SERVICE

CapMetrics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, CapMetrics services (or any part thereof) with or without notice. You agree that CapMetrics shall not be liable to you or to any third party for any modification, suspension or discontinuance of CapMetrics services during the subscription period.


7. TERMINATION

Service provided to you shall automatically discontinue on expiry of the subscription period. However, if you choose to discontinue your use of CapMetrics services at any time, any residual subscription fee shall not be refunded. In the event of termination, your account will be disabled and you may not be granted access to CapMetrics services.


8. ADVERTISEMENTS

Some CapMetrics services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the CapMetrics services, queries made through CapMetrics services or other information. The manner, mode and extent of advertising by CapMetrics on its services are subject to change. As consideration for your use of CapMetrics services, you agree that CapMetrics may place such advertising and that CapMetrics shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on CapMetrics services or your subsequent dealings with advertisers.


9. LINKS

CapMetrics services may provide, or third parties may provide, links to other World Wide Web sites or resources. CapMetrics may have no control over such sites and resources and you acknowledge and agree that CapMetrics is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CapMetrics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.


10. INDEMNITY

You agree to hold harmless and indemnify CapMetrics, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "CapMetrics and Partners") from and against any third party claim arising from or in any way related to your use of CapMetrics services, violation of the Terms or any other actions connected with use of CapMetrics services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, CapMetrics will provide you with written notice of such claim, suit or action. CapMetrics provides a platform for analysis of data provided by you. However, any decision to either buy or sell either directly or indirectly resulting from any analysis provided by CapMetrics shall be your sole decision and CapMetrics shall not be liable for any loss on account of such decision taken by you. Moreover, CapMetrics does not guarantee 100% accuracy of any data or analysis offered to the subscribers.


11. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

Your use of CapMetrics services is at your sole risk. CapMetrics services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, CapMetrics 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.

Any material downloaded or otherwise obtained through the use of CapMetrics services is done at your own discretion and risk and that you will be solely responsible 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 CapMetrics or through or from CapMetrics services shall create any warranty not expressly stated in the terms.

CapMetrics has provided payment gateway platform for your convenience and does not take any direct or indirect, explicit or implicit responsibility for any complaint or dispute arising out of such payment made on such payment gateway for any reasons whatsoever.

CapMetrics does not have a refund or cancellation policy.

No control and/or possession of the portal, the services provided there-under and or any information made available by this portal are transferred to you via these terms and conditions. CapMetrics shall be in control and/or possession of the portal at all times.

These terms and conditions DO NOT constitute a lease agreement or shall never be construed as lease agreement.

12. LIMITATION OF LIABILITY

You expressly understand and agree that CapMetrics shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CapMetrics have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use CapMetrics services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from CapMetrics services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on CapMetrics services; or (v) any other matter relating to CapMetrics services. You expressly agree that the maximum Liability, if so arise, is limited to the subscription fees you have paid to CapMetrics.


13. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

14. NOTICE

You agree that CapMetrics may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on CapMetrics services.


15. DISRUPTION

You agree that CapMetrics shall not be liable for any disruption of service owing to either technical snags or infrastructural issues.


16. GENERAL INFORMATION

Entire Agreement.The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and CapMetrics and govern your use of CapMetrics services, superseding any prior agreements between you and CapMetrics for the use of CapMetrics services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CapMetrics services, affiliate services, third-party content or third-party software.

Choice of Law and Forum.The Terms and the relationship between you and CapMetrics shall be governed by the Indian laws without regard to its conflict of law provisions. You and CapMetrics agree to submit to the personal and exclusive jurisdiction of the courts located at Pune, Maharashtra, India.

Waiver and Severability of Terms.The failure of CapMetrics to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of CapMetrics services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms are for convenience only and have no legal or contractual effect.