Terms and Conditions
The web-site, which can be accessed by the web link www.religareonline .com (Hereinafter “Website”) is owned and operated by Religare Marketing Services Pvt Ltd (Herein after “RMSPL”) a company registered under Companies Act, 1956; having its registered office at 1101, Tolstoy House, Tolstoy Marg, New Delhi; which / who is a single window marketing representative of its group companies / affiliates / associates and is entitled to collect / disseminate information; promote products and services; direct to the appropriate service provider, provide link to other websites, through / by the instrumentality of this Website or otherwise.
By visiting , viewing, navigating, uploading, downloading, feeding in or otherwise using in/ on/ to/ by this Website shall constitute a agreement between RMSPL and the Viewer/ /User Terms and Conditions whereof are given here.
These Terms and Condition can be revised by RMSPL at any time without any prior and separate communication and the revisions shall also be applicable to the users of the website. Hence, you should read through this section carefully, every time you visit the website.
If you have any questions about these terms, Please contact us on email@example.com. Your use of this Website at anytime in whatsoever manner constitutes a binding agreement by you to abide by these Terms.
Please read these Terms & Conditions and agree in full. If you do not understand and agree to be bound by all Terms, do not use this Website and exit Website immediately.
1. MEANING OF TERMINOLOGY
(i) “ Account” refers to the Customer's Credit Card account, Savings and/or Current Account to which access is to be obtained through Electronic Payment Gateway for Netbanking and Users Login account on this Website.
(ii) “Customer “ refers to any person who has a www.religareonline.com Account and who has been authorised by the RMSPL to avail of the said Facility.
(iii) “Content” refers to all materials published on the Website, including, without limitation, information, text, photographs, images, graphics, software, audio, and video and/or other visual reproductions.
(iii) “Facilities” shall mean and include any information, materials, documents, chat-room facilities, downloads (software or otherwise), data, stock market quotation ticker tape facilities, calulators, estimators, Portfolio Management Tool and other tools and all other information and utilities contained or accessible on or through the Website as may be provided on the Website from time to time.
(iv) “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Party, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.
(v) “Internet” refers to the network of computers / mobile phones / other electronic devices which share and exchange information. The Internet is at once a worldwide broadcasting capability, mechanism for information dissemination, and a medium for collaboration and interaction between individuals and their computers / mobile phones / other electronic devices capable of accessing the Internet without regard for geographic location.
(vi) “Personal Information” refers to the information about the Customer/ User/ Visitor including but not limited to the Name, Address, Phone Number, Contacts, His/her financial data/details and/or anything by which a person can be identified uniquely, obtained in connection with Electronic Payment Gateway for Netbanking or otherwise.
(vii) “Third Party Links/Sites” shall mean and refer weblinks, hyperlinks, shortcuts, of other sites, websites, advertisements provided in/ on/ by this Website, owned by any person other than RMSPL.
(viii) “Visitor” / “User” shall mean and refer all persons visiting and/or using any of the Facilities on the Web-Site or viewing any of the Content thereof. The term Visitor shall include the Customer also, in relation to any use of the Facilities and Content.
The terms and clauses not defined herein shall have their meaning in common parlance.
2. Registration on Website
A. For usage of this Website and/or Facilities the User / Visitor may be required to register and establish its online persona in the form of a username and password, after feeding in the Personal Information (Herein after “Registration”). Allocation of such online persona is at the sole discretion of RMSPL and feeding in the details as such does not confer any right on the User to access the Website and/or Facilities. RMSPL can deny access to the Website anytime without assigning any reason.
B. The User agrees that the Registration details are solely for User’s personal use and User is responsible for the privacy confidentiality of its username and password details. RMSPL assumes no responsibility for any damage or loss etc connected to the disclosure or misuse of the Registration details.
C. The User represents and warrants that the Personal Information fed in for Registration is correct, accurate, and factual.
D. By registering on the Website, the User agrees to receive promotional e-mails, SMSs, calls, communications and be contacted by RMSPL or its affiliates and allow them to use its personalized information to offer customized services.
If the User has Registered on this Website, RMSPL shall not be liable to any claims or liabilities under ‘National Do Not Call’ regulation, spam related policies, and other regulations of similar nature that might be applicable. The user hereby expressly waives the right(s) to claim under the said regulations.
3. Facilities and Web Content
(a) The User acknowledges and agrees that each of RMSPL, its group companies, affiliates, associates, agents or other relevant parties as applicable shall assert proprietary interest in their respective data, information, content or market data they furnish to this Website. RMSPL owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the original component of the Content itself. All rights pertaining to the Content or any part thereof shall vest only in the relevant owners of the same and no other person may modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part. The User shall not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials from the RMSPL's Website. User shall not store the contents in any media other than in the User's personal computer. Reproduction of the Web-Site site, in whole or in part, without the prior written permission of RMSPL is strictly prohibited
(b) The User shall use, download, copy the Content, information, data including but not limited to real-time quotes received on the Website of RMSPL only for the User's individual personal, non-commercial use and shall not furnish such data to any other person or entity. The User is not authorized to resell access to any such Contents, materials or to make copies of any such Contents for sale or use to and by others. To the extent that any part of the Content may be downloaded or copied, the same may be done only for personal non-commercial purpose(s) and use(s), and provided that all copyright and other notices contained in such Content are faithfully maintained and the Content shall not be stored in any media other than in the Visitor's personal computer
(c) The Content, and the entire Web-Site, including without limitation all materials published by and all postings on the Web-Site may are protected by copyright pursuant to Indian copyright laws. All Visitors shall abide by all copyright notices, conventions, and other copyright laws. The Visitor shall abide by all copyright notices, information or restrictions contained in any Content accessed by or through the Web-Site.
(d) To the extent that any part of the Content may be downloaded or copied, the same may be done only for personal non-commercial purpose(s) and use(s), and provided that all copyright and other notices contained in such Content are faithfully maintained and the Content shall not be stored in any media other than in the Visitor's personal computer.
(e) RMSPL shall not be liable for truth, accuracy or completeness of the information or for any errors, mistakes or omissions therein or for any delays or interruptions of such information for whatever cause. It is expressly understood and agreed to by the Visitor that except as specifically provided herein, all warranties, express or implied, including any implied warranties or merchantability and/or fitness for a particular purpose, are hereby excluded.
(f) RMSPL reserves the right, by itself or through third parties, to host, run and maintain any or all computers, servers, software and other equipment necessary to provide the Services, anywhere within or outside India.
4. Third Party Links/Sites
(a) The Website may contain links to other Websites on the World Wide Web. RMSPL is not responsible for their resources or their content or the availability thereof. As of now among the products and services the Website contains Equities, Currencies, IPO & Mutual Funds offered by Religare Securities Ltd., Insurance offered by Religare Insurance Broking Ltd., Commodities offered by Religare Commodities Ltd., Tax filing, Tickets booking, Holiday packages & Hotel reservations by Religare Marketing Service Ltd. Such third party links may be added, removed and/or modified without prior notice to Users. The products services and/or facilities provided at any point of time by such Third Party Sites/Links may be withdrawn, modified, or added on without subsequent notice by the respective service provider, and RMSPL assumes no responsibility for the same.
(b) The user acknowledges that the User shall read and abide by the terms and conditions of the other Websites linked with this Website, and RMSPL shall not in any way liable for any damage, loss of whatsoever nature sustained by the user due to any action, inaction based on information, depiction, advice, opinions from such other linked website(s).
(c ) The User acknowledges that accessing third party websites through www.reliagreonline.com might expose User to the risk of downloading viruses or other malicious software programs and RMSPL assume no responsibility for it.
(a) The Visitor shall remain solely responsible for all submissions, feedbacks, discussions, chats, data feeds, and responses, information submitted on and to the Website. RMSPL is not responsible for the content or message of any submissions. The RMSPL does not guarantee, and makes no formal representation or warranty as to, the accuracy, veracity or completeness of any information provided by others in any portion or page of the Web-Site including the above said Third Party Links/Sites, nor does RMSPL necessarily endorse, support, sanction, encourage, verify, agree with, or reject, diminish or disagree with, the comments, opinions or statements posted by others on the Web-Site.
(b) While Visitor does not and cannot review every message posted or item submitted to/on the Web-Site, RMSPL reserves the right, in its sole discretion, but assumes no duty, to delete, move, or edit submissions that it deems false, inappropriate, abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and the Visitor expressly acknowledges and accepts that its submissions may be edited, removed, modified, published, re-published, transmitted and displayed by in its sole discretion.
(c) The Website and its Facilities including the discussion groups and chat rooms shall be used only in a non-commercial manner. User agrees that no part of the Website, discussion groups and/or chat rooms shall be used to solicit Visitors to become users of commercial online information services or for any other commercial services. The Visitor shall not disrupt or interfere with any aspect or element of the Website nor shall the Visitor do anything, which, in the sole judgment of, will restrict or inhibit any other Visitor from using and enjoying the Website and/or any of its Facilities. The Visitor shall not, without the express written approval of, post or otherwise distribute any material containing any solicitation of funds, advertising or solicitation for goods or services. The Visitor shall not copy third party articles into the chat rooms or discussion groups available on the Website, and shall be responsible for the all/ any third party claim in this respect. No Visitor shall tout or hype a stock or company, or post the same note on multiple occasions in a single day (a practice known as 'spamming'). The Visitor shall not upload to, or otherwise submit or publish through, the Web-Site any content or material which is libelous, defamatory, obscene, pornographic, abusive, or hateful, or which invades anyone's privacy, encourages conduct that would constitute a criminal offense, or otherwise violates any third party rights or local, state, federal or international law or regulation.
(d) The Website contains the facilities including but not limited to financial goal calculator, tax calculator, educational planning, networth calculator, Equated Monthly Installment (EMI) calculator, insurance premium calculator, investment return calculator, portfolio mangement tool, and other tools, which require data/information to be fed in by the Visitor. RMSPL assumes no representation, warranty and/or responsibility as to, the accuracy, veracity, completeness or logicity of any result, calculation, outcome of the said tools. Visitor acknowledges its own prudence before any action, in-action based on or out of the said results, calculations, outcomes.
(e) Those Visitors with formal connections or affiliations to or with a company being discussed in any forum, including among other things any and all positions of employment, directorships, consultancies and/or substantial share holdings, must identify themselves as such, and disclose such connection or affiliation, within their first post in that topic, company focus, or subject matter.
(f) The author or creator of any and all submissions in print or other forms or other uploads to the discussion groups and/or chat rooms, transfers and assigns to, by virtue of submission to the Web-Site and this agreement, the entire copyright, throughout the universe, in any and all media and forms of publication, reproduction, transmission, distribution, performance, or display. The provisions of this agreement shall always be subject to government notifications, and rules, regulations & guidelines issued by SEBI & stock exchange rules, regulations & bye-laws that may be in force from time to time & the Securities Contract Regulation Act & the Rules there under and any other applicable statutory provisions and/or regulations.
(g) Now in existence or hereafter developed, in such work or other original materials; without separate, retained or reversionary rights being held by such author, creator or other person submitting such work. RMSPL may exercise the rights granted herein in such from as it may in its sole discretion determine; such that the submitted material may be published, reproduced, reprinted, distributed, performed, displayed, included in anthologies and compilations, and/or otherwise transmitted (including but not limited to electronic and optical versions and in any other media now in existence or hereafter developed) in whole or in part, whether or not combined with the work of others. In addition, RMSPL may use the name and electronic address of the author, creator and/or other person submitting the work in publishing, promoting, advertising, and publicizing their publications and information products and services, and in any merchandising.
(h) This Website may contain facility to User to refer the Website or Third Party sites/Link to his friends, known or other third persons, the User while doing so shall be doing at his own liability, and RMSPL though encourages but does not assume any responsibility for third party claim arising out of such referral.
6. Warranties of User
(a) The User hereby represents and warrants that the terms and conditions of these Terms have been clearly understood and that the information furnished to the RMSPL is accurate and truthful.
(b) The User confirms that it/he/she is of legal age and he/she/it has availed assistance of a professional if required to understand veracity, implications of these Terms & Conditions, and if accepts the same is accepting with all its prudence.
(a) The User hereby agrees to indemnify and protect and hold harmless the RMSPL, Technology Partner and their affiliates from any and all third party claims, liability, damages, expense and costs, (including, but not limited to, reasonable attorneys fees) caused by or arising from use of the Website by the User, violation of the terms of this Agreement or infringement by any other person of the User’s account, or other right of anyone.
(b) The User agrees that the RMSPL shall not be liable for any loss, actual or perceived, caused directly or indirectly by government restriction, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, shut down of systems for any reason (including on account of computer viruses), unauthorized access, theft, any fraud committed by any person whether in the employment of the RMSPL or otherwise or any problem, technological or otherwise, that might prevent the User from entering the RMSPL's system or from accessing/ using any service/ Facility.
(c) The User agrees to fully indemnify and hold harmless the RMSPL for any losses arising from the execution of incorrect/ ambiguous or fraudulent instructions that got entered through the system at the User's end.
(d) The User further agrees that he/she/it will not be compensated by the RMSPL for any "lost opportunity' viz. notional profits on buy/sell orders which could not be executed or real loss from delay in executed orders due to any reason whatsoever, including but not limited to action taken on wrong information posted on the Website, system failure, RMSPL disabling the user from using the services, or delay in information etc.
8. RMSPL's Liability
Under no circumstances, including but not limited to negligence, shall the RMSPL or anyone involved in creating, producing, delivering or managing the Services be liable for any direct, indirect, incidental, special or consequential damages, even if the RMSPL or such person has been advised of the possibility of such damages, that result from the use of or inability to use the service, delay in transmission of any communication, in each case for any reason whatsoever (including on account of breakdown in systems) or out of any breach of any warranty or due to any fraud committed by any person whether in the employment of the RMSPL or otherwise.
9. Limitation of liability
The RMSPL does not guarantee, and shall not be deemed to have guaranteed, the timeliness, sequence, accuracy, completeness, reliability or content of market information, or messages disseminated to the User. The RMSPL shall not be liable for any inaccuracy, error or delay in, or omission of, (1) any such data, information or message, or (2) the transmission or delivery of any such data, information or message; or any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) non-performance, or (iii)interruption in any such data, information or message, due either to any act or omission by the RMSPL or to any "force majeure" event. RMSPL, Technology Partner nor any of their affiliates, account providers or any of their affiliates shall be liable for any loss or damage including direct, indirect, incidental, special, consequential or exemplary damages, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if RMSPL or Technology Partner has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of getting substitute goods and services, (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the service; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Service.
10. SOFTWARE LISCENSES
(a) Notwithstanding anything contained in these Terms, RMSPL retains its right to:
(i) in its sole discretion to alter, limit or discontinue the Website or any Material/s in any respect. RMSPL shall have no obligation to take the needs of any user into consideration in connection therewith.
(ii) Deny in its sole discretion any user access to this Website or any portion thereof without notice.
(b) No waiver by of any provision of these Terms and Conditions shall be binding except as set forth in writing signed by authorized representative of RMSPL. 12. Other General Terms and Conditions.
(a) The User agrees to abide by the RMSPL Terms and Conditions and rules in force and changes in Terms and Conditions from time to time relating to their account.
(b) The User agrees that the RMSPL will be at liberty to close their account any time without assigning any reason whatsoever.
(c) The User agrees that the RMSPL can, at its sole discretion, withdraw any of the services/facilities given in their account either wholly or partially at any time without giving them any notice.
(d) The User agrees that any change in their account status or change of address will be immediately informed to the RMSPL.
(e) The User agrees that all instructions relating to their account need not be issued in writing to the User, e-mail in form and content for the same shall be sufficient. As for amendments to these terms and conditions, a general post on the Website shall suffice the purpose of communication.
(f) The instructions issued by an authorized representative of the User shall be binding on the User in accordance with the letter authorizing the said representative to deal on behalf of the User. As for the instructions given online, whosoever is using User’s username, password and/or e-mail id shall be considered as authorized representative of the User.
(g) The User agrees that the RMSPL shall not be liable for any damages, losses (direct or indirect) whatsoever, due to disruption or non availability of any of services/facility/s due to technical fault/error or any failure in telecommunication network or any error in any software or hardware systems.
(i) The User agrees that the RMSPL may disclose customer information, in strict confidence, to any of its agent/s and/or contractors with whom the RMSPL enters or has entered into any arrangement in connection with providing of services.
13. Interruption in service
The RMSPL does not warrant that the service will be uninterrupted or error free. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose. The User agrees that the RMSPL shall not be held responsible for any breakdown of the system either due to the fault of the systems of the RMSPL or of the Technology Partner(s), Exchanges, and Affiliates or otherwise.
14. Disclaimer of Warranties
The User expressly agrees and understands that:
USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT THE USER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RMSPL AND TECHNOLOGY PARTNER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON - INFRINGEMENT.
RMSPL AND TECHNOLOGY PARTNER MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET THE CONSITUENT’S REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET THE USER’S EXPECTATIONS, OR (IV) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE RMSPL OR TECHNOLOGY PARTNER OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. Amendment/ Modification of the Terms
The RMSPL at its own discretion may at any time amend these Terms, by modifying or rescinding or adding any new provision or condition, by conspicuously posting notice of such amendment on the Website. The RMSPL shall not be required to individually communicate any modification or rescission to the User in any manner or form whatsoever, and right to any notice of amendment or modification is hereby waived by the User. The continued use of the services of the RMSPL after such notice in general will constitute acknowledgement and acceptance of such amendment. These Terms (as amended or modified from time to time) represent the entire agreement between the User and the RMSPL concerning the subject matter hereof.
The invalidity or unenforceability of any portion of these Terms & Conditions by any law, rule, administrative order, judicial decision by any court, or by any regulatory body, shall not affect the remaining portions of this Agreement or any part thereof, and this Agreement shall be construed, as if the invalid portion or portions had not been inserted herein.
17. No Assignment
The rights of the User under these Terms are neither transferable nor assignable under any circumstances and shall be used only by the User.
18. Dispute Resolution
(a) The RMSPL and the User are aware of the provisions of the governing bye laws rules and regulations of the respective stock exchanges and regulating bodies including but not limited to SEBI, IRDA, FMC etc relating to the resolution of the disputes/differences through the mechanism of arbitration provided by such bodies and agree to abide by the said provisions (wherever) applicable insofar as any disputes under these Terms relate to transactions that are to be carried out on the exchanges.
(b) In so far as any other disputes or differences in connection with these Terms or their performance (other than the disputes referred to in Paragraph 16(a) above) are concerned such disputes shall, so far as it is possible, be settled amicably between the Parties and in the case where after 30 days of consultation, the parties have failed to reach an amicable settlement, such disputes shall be submitted to arbitration and such arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996 (the “Arbitration Act”) by an panel consisting of a sole arbitrator. The RMSPL and the User expressly consent and agree that the Chairman shall be the person designate to appoint the dais sole arbitrator. The venue of arbitration shall be Delhi and each party shall bear the cost of arbitration equally.
19. Foreign Jurisdiction & Invitation to Offer
This Content on this Website does not constitute an offer to sell or a solicitation of an offer to buy any shares, securities or other instruments to any person in any jurisdiction where it is unlawful to make such an offer or solicitation. The Contents are just an invitation to offer, and is not intended to be any form of an investment advertisement, investment advice or investment information and has not been registered under any securities law of any foreign jurisdiction and is only for the information of any person in any jurisdiction where it may be lawful to offer such a service. Further, no information on the Website is to be construed as a representation with respect to shares, securities or other investments regarding the legality of an investment therein under the respective applicable investment or similar laws or regulations of any person or entity accessing the Website.
20. APPLICABLE LAW
We control the Website from our offices within India. www.religareonline.com will have people from all over India using this Website. So in order to ensure consistency in the interpretation and enforcement of these Terms, the Website, and your use of the Website will be governed in all respects by the laws of India. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Indian export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of India, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts at DELHI, INDIA.
22. FORCE MAJEURE EVENTS
RMSPL shall not be liable for any failure to perform any of its obligations if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.