Terms & Conditions

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

By using Purnartha's features and services or web sites ("Purnartha 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

Purnartha 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 Purnartha 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 Purnartha of any unauthorized use of your password or account or any other breach of security. Purnartha 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. Purnartha reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via Purnartha services.

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Purnartha services and for any consequences thereof. You agree to use Purnartha 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 Purnartha services or servers or networks connected to Purnartha 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 Purnartha 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 Purnartha.

2. PROPRIETARY RIGHTS

Purnartha's Rights:

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

Your Rights:

Purnartha claims no ownership or control over any Content submitted, posted or displayed by you on or through Purnartha 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 Purnartha services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Purnartha services which are intended to be available to the members of the public, you grant Purnartha a worldwide, non-exclusive, royalty-free license to analyse, reproduce, adapt, modify, publish and distribute such Content on Purnartha services for the purpose of displaying, distributing and promoting Purnartha services. Purnartha reserves the right to syndicate Content submitted, posted or displayed by you on or through Purnartha services and use that Content in connection with any service offered by Purnartha. Purnartha 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 Purnartha 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 Purnartha has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Purnartha services. You acknowledge that Purnartha may have set no fixed upper limit on the number of transmissions you may send or receive through Purnartha 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 Purnartha services, use of Purnartha services, or access to Purnartha services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.

6. MODIFICATIONS TO SERVICE

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

8. ADVERTISEMENTS

Some Purnartha 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 Purnartha services, queries made through Purnartha services or other information. The manner, mode and extent of advertising by Purnartha on its services are subject to change. As consideration for your use of Purnartha services, you agree that Purnartha may place such advertising and that Purnartha 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 Purnartha services or your subsequent dealings with advertisers.

9. LINKS

Purnartha services may provide, or third parties may provide, links to other World Wide Web sites or resources. Purnartha may have no control over such sites and resources and you acknowledge and agree that Purnartha 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 Purnartha 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 Purnartha, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Purnartha and Partners") from and against any third party claim arising from or in any way related to your use of Purnartha services, violation of the Terms or any other actions connected with use of Purnartha 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, Purnartha will provide you with written notice of such claim, suit or action. Purnartha 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 Purnartha shall be your sole decision and Purnartha shall not be liable for any loss on account of such decision taken by you. Moreover, Purnartha 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 Purnartha services is at your sole risk. Purnartha services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Purnartha 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 Purnartha 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 Purnartha or through or from Purnartha services shall create any warranty not expressly stated in the terms.

Purnartha 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.

Purnartha 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. Purnartha 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 Purnartha 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 Purnartha have been advised of the possibility of such damages) resulting from:

  • (i) the use or the inability to use Purnartha 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 Purnartha services;
  • (iii) unauthorized access to or alteration of your transmissions or data;
  • (iv) statements or conduct of any third party on Purnartha services; or
  • (v) any other matter relating to Purnartha services. You expressly agree that the maximum Liability, if so arise, is limited to the subscription fees you have paid to Purnartha.

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

15. DISRUPTION

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

16. NO AGENCY RELATIONSHIP

You agree that no joint venture, employment, or agency relationship exists between you and the Company as a result of these Terms or due to your use of the Platform or any of its Features.

17. PROHIBITED CONDUCT

You agree not to engage in any of the following activities:

Violating laws and rights:

You may not - (a) use the Purnartha website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, (c) circumvent or disable any content protection system or digital rights management technology used in connection with the content on the Purnartha website, (d) rebroadcast or transmit the Purnartha website content, (e) modify the Purnartha website in any manner, including but not limited to, by removing identification, copyright or other proprietary notices from the Platform Content, or by framing, mirroring, or utilizing similar techniques.

Solicitation:

You may not use the Purnartha website, or any information provided through the Purnartha website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

Disruption:

You may not use the Purnartha website in any manner that could disable, overburden, damage, or impair the Purnartha website, or interfere with any other user’s use and enjoyment of the Purnartha website; including but not limited by:

  • (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or
  • (b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Purnartha website, or violating any regulation, policy, or procedure of any network, equipment, or server, or
  • (c) modifying, merging, revising or enhancing the Purnartha website in any way, or
  • (d) decompiling, disassembling, reverse engineering the Purnartha website in any manner whatsoever.

Harming others:

You may not share or transmit content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or which incite the commission of an illegal or violent act.

Impersonation or unauthorized access:

You will not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Purnartha website.

You will not use or attempt to use any other person or entity’s information, personal or otherwise; and you will not attempt to gain unauthorized access to the Purnartha website, through hacking, password mining or any other means.

Developing competing offerings:

You will not use the Purnartha website to develop any competing platforms, applications, websites or products which are similar or substantially similar to the Purnartha website.

You understand and acknowledge that if you indulge in any of the prohibited conduct stated above, and it is brought to the notice of Purnartha, the Purnartha may terminate your right to use the Purnartha website and the features and take any other corrective action as it deems fit.

In the event you are at the receiving end of any offensive content or are the victim of any such action of any other User, you are encouraged to report such content or conduct to Purnartha. Purnartha may delete such offensive content and take any other corrective action as it deems fit.

18. ELECTRONIC RECORD

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Terms of Use for access and usage of the Platform.

19. SURVIVAL

The Disclaimer of Warranties, the Limitation of Liability, Indemnity and the Choice of Law and Forum provisions will survive any termination of these Terms and Conditions.

20. CHANGE IN TERMS

We may update these Terms and Conditions without notice to you. You are encouraged to check these Terms and Conditions on a regular basis to be aware of the changes made to it. Your continued use of the Purnartha website after such change shall be deemed to be your acceptance of the revised Terms and Conditions.

21. GENERAL INFORMATION

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

Choice of Law and Forum: The Terms and the relationship between you and Purnartha shall be governed by the Indian laws without regard to its conflict of law provisions. You and Purnartha 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 Purnartha 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 Purnartha 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.