The use of any service or feature or content (the “Materials”) available through the internet web sites accessible at smartadvisors.in (collectively, the “Web Site”) by any user of the Web Site (“You” or “Your” hereafter) shall be governed by the following terms of use:
The domain name Smartadvisors.in (hereinafter referred to as “Website”) is owned by Smartemes Capital Advisors LLP with its corporate office at 3rd Floor, 431, Anna Salai, Teynampet, Chennai – 600018, India(hereinafter referred to as “SMART”).
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with SMART Advisors and these terms and conditions including the policies constitute Your binding obligations, with SMART.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The term “We”, “Us”, “Our” shall mean SMART Internet Private Limited.
This Web Site, including all Materials present (excluding any applicable third party materials), is the sole and exclusive property of SMART and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in your use of this Web Site and to prevent any unauthorized copying of the Materials. SMART does not grant any express or implied rights to the Website or Materials whatsoever, including without limitation, under any patents, trademarks, copyrights or trade secret information, except as expressly permitted herein.
SMART has business relationships with several customers, suppliers, governments and others, globally. For convenience and simplicity, words like joint venture, partnership and partner are used to indicate business relationships involving common activities and interests and those words may not indicate precise legal relationships.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by SMART Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.
Limited License
Subject to the terms and conditions set forth in these Terms of Use, SMART grants you a non-exclusive, non-transferable, limited right to access and use this Web Site and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Web Site in any manner. Unless otherwise specified, the Web Site is for your personal and non-commercial use. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, services obtained from this Web Site.
Communications
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Third Party Content
The Web Site may make information from third parties available, including news reports, tools to facilitate calculation, company information and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by SMART. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by SMART or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold SMART, any business offering services through the Web Site or any provider of Third Party Content liable for any investment decision or other transaction You may make based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
By using any Third Party Content, You may leave this Web Site and be directed to an external website, or to a website maintained by an entity other than SMART. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or any other destructive elements. SMART(including its subsidiaries) makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the services described thereon.
Links do not imply that SMART or this Web Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SMART or any of its affiliates or subsidiaries.
You hereby expressly acknowledge and agree that the linked sites are not under the control of SMART and SMART is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. SMART is not responsible for webcasting or any other form of transmission received from any linked site. SMART is providing these links to you only as a convenience and the inclusion of any link shall not be construed to imply endorsement by SMART in any manner of the website.
Charges
SMART reserves the right to change its Fee Policy from time to time. In particular, SMART may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event SMART reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms of Use, SMART’s prior written consent means a communication coming from SMART’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER’s use of the Website;
(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of SMART or dilute any of SMART’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or SMART’s systems or networks, or any systems or networks connected to SMART.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
8. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
9. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
10. We reserve the right, but has no obligation, to monitor the materials posted on the Website. SMART shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. Please be advised that such Content posted does not necessarily reflect SMART views. In no event shall SMART assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
11. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
12. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
13. SMART shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Privacy
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way please do not use Website.
We may share personal information with our other corporate entities and affiliates. These entities and affiliatesmay market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide youaccess to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
We and our affiliates may share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, SMART does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
SMART will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. SMART does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, direct investment advice of any kind. Please take the advice of your investment advisor before making any investment decisions.
You will be required to enter a valid phone number while registering on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications for updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Posting on the Site
SMART does not claim ownership of the materials You provide to SMART (including feedback and suggestions) or post, upload, input or submit to any section of the Web Site, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) Your Submission You are granting SMART, its affiliated companies and subsidiaries and necessary sub-licensees permission to use Your Submission in connection with the operation of their businesses (including, without limitation, all services offered by SMART), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any other party.
You hereby acknowledge and agree that no compensation shall be paid or no future commercial consideration has accrued with respect to the use of Your Submission by SMART or any of its subsidiaries, as provided herein. SMART shall be under no obligation to post or use any Submission You may provide and SMART shall remove any Submission at any time at its own sole discretion.
By Posting a Submission You hereby warrant and represent that You own or otherwise control all of the rights required under worldwide law for Your Submission as described in these Terms of Use including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
Indemnity
You shall indemnify and hold harmless SMART, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Disclaimer
THE WEB SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL AND CLERICAL ERRORS. SMART EXPRESSLY DISCLAIMS ANY OBLIGATION(S) TO UPDATE THIS WEBSITE OR ANY OF THE MATERIALS ON THIS WEBSITE. SMART DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SMART RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEB SITE. SMART MAY MAKE ANY OTHER CHANGES TO THE WEB SITE, THE MATERIALS AND THE PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEB SITE AT ANY TIME
Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Chennai.
Trademark, Copyright and Restriction
This site is controlled and operated by SMART and all material on this site, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Trademark complaint
SMART respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to SMART at info@smartadvisors.in
Limitation of Liability
IN NO EVENT SHALL SMART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please contact us at info@smartadvisors.in for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
Changes
SMART reserves the rights, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the Web Site after any changes to these Terms of Use are posted will be considered acceptance of those changes. SMART may terminate, change, suspend or discontinue any aspect of the Web Site, including the availability of any feature(s) of the Web Site, at any time. SMART may also impose limits on certain features and services or restrict your access to certain sections or all of the Web Site without notice or liability. You hereby acknowledge and agree that SMART may terminate the authorization, rights and license given above at any point of time at its own sole discretion and upon such termination; you shall immediately destroy all Materials