USER AGREEMENT

 

These terms of use mandate the terms on which the users (“You” or “Your” or “User”) access and register on the website ___ and/or mobile application ____ referred to as, “the Platform” owned and operated by Ahaan Financials Private Limited (AF). AF shall also allow its associates, group and subsidiary companies together referred to as ‘Company” or “We” or “Us”.

Please read the Terms of Use and Privacy Policy carefully before registering on the Platform or accessing any material, information through the Platform. The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Accordingly, please continue to review the Terms whenever accessing or using the Platform. Your use of the Platform as defined above, after the posting of modifications to the Terms will constitute your acceptance of the Terms, as modified. Your use of the Platform on continuous basis shall signify Your confirmation to the changes and the agreement to be legally bound by the same.

1. Platform Services:

 

1. 1. The group, affiliate and associate companies are _______, who shall be together referred to as “Company” or “We” or “Us” as mentioned above to use the Platform to offer their products and services to You, under applicable terms and conditions specified on Our Platform.

 

1. 2. You acknowledge that the Platform allows You to avail the services directly from the Company and/or its group entities and affiliates including their products and services and facilitate communication with them for such services, and other related information. The Company hereby grants You, a limited, non-exclusive, non-transferable, royalty-free license to use the Platform for the purposes of availing the services from the Company and its group entities and affiliates, collectively hereinafter referred to as Platform Services. Use of the Platform for facilitating subscription and redemption of bonds and/or securities by transmitting money and instructions to the relevant asset management company (“AMCs”), as per Your instructions

 

1. 3. Aahan Financials Pvt. Ltd. is a registered Company and it is hereby clarified that the Company is not rendering the services of sale of Bonds/ securities or any financial instruments, and it is merely providing a Online platform to its users/ customers to facilitate the transaction of investment in sale of Bonds/ securities or any financial instruments.

 

 

2. Use of the Platform:

 

1. 1. Subject to compliance with the Terms of Use, the Company hereby grants You a non-exclusive, limited privilege to access and use this Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.

 

1. 2. You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Platform, except that You may download the Platform for Your own personal, internal use and non-commercial use. You agree that You will not use the Platform in any manner or engage in any activity that may damage, disable or impair or adversely affect the use of the Platform or interfere with any other users’ use, legal rights, or enjoyment of the Platform.

 

3. Intellectual Property Rights

 

1. 1. You understand and accept that all information, except Your personal information and other credentials submitted by You for the purposes of transacting on the Platform, through the Platform shall be deemed the property of the Company, and the Company shall be free to use any ideas, concepts, know-how or techniques provided by You on the Platform, in any manner whatsoever. On initiating a contact or query through the Platform, You agree to be contacted by the Company or any other entities with whom the Company has entered into an arrangement for the provisions of Services to You.
   2. You shall not use any logo, sign, pictures, graphs, reports, data or otherwise any content of the Platform. The Company owns all intellectual property in all its ownership logos, marks, signs, pictures, graphs, data as owned by the Company.

 

 

4. Registration and Login:

 

1. 1. You agree that, in order to use the Services, you will need to successfully complete the registration process on the Platform and to provide any information/credentials requested from you in the completion of such registration truthfully and with accuracy to avoid discrepancies.

 

1. 2. You agree that some or all of the Services shall not be made available to you until you are logged in to the Platform.

 

1. 3. You agree that if, upon completion of registration or at any time subsequently, you are prompted to change any of your identification details or Your credentials, you shall do so immediately and without delay and that the Company shall not be held liable for any loss whatsoever, caused due to a failure on your part to modify login details as and when prompted to do so. You agree that all verifications required by the general guidelines mentioned by the Reserve Bank of India or any other regulatory authority as the case may be, will be done by You independently through the Platform and the authenticity and accuracy of the same will be Your sole responsibility and liability. You hereby absolve the Company from and against any legal implication, financial liability or any other claims.  

 

1. 4. Further, You agree to follow the step-wise verification process as mentioned by the Platform manually and it is your sole responsibility to make sure that all inputs of data made by you are true and correct and in case of any errors or omissions the Platform shall not be held liable.

 

1. 5. You agree that all and any payments required to be made will be done directly by You to the Reserve Bank of India or any regulatory authority and the same is agreed to be done independently without instructions or interference from the Platform. The Platform is not liable to the Reserve bank of India or any other regulatory authority.  

 

5. Confidentiality of login credentials and investor information

 

1. 1.  You are solely responsible and liable to maintain the confidentiality and privacy of all the details provided by you to complete the registration and login process, including the login credentials that you will need to access your account on the Platform and any information that you may provide that the Company may use to corroborate or retrieve your login credentials (“Login Credentials”). You are also solely responsible for maintaining the confidentiality and Privacy of all information/ data that may be required by you to access any of the Services on the Platform without the requirement of logging into the Platform including folio numbers, personal details and other scheme-related authentication information. You will inform the Company through the Contact Us link ( in writing) of the Platform immediately in the event your login credentials are compromised in any manner whatsoever. The Company is not liable in any manner for any losses caused to you due to any action undertaken by You which compromises your Login Credentials or information/ data of any sort.

 

1. 2. By providing us with your email address and mobile number, you agree to receive all required notices, notifications and information electronically, to that email address or mobile number. It is your responsibility to update any changes to your email address and mobile number at any time during the usage of the Platform.

 

 

6. Information

 

1. 1. You agree that all credentials and information submitted by you to complete your registration and login to the Platform are true to the best of your knowledge. Any information which is added/input by You shall be your sole responsibility thereto.

 

1. 2. You agree that any information you supply to the Company (“Information”) for the purposes of registering with, logging into and using the Services on the Platform shall be used by the Company in accordance with its Privacy Policy, and may be retained by the Company subsequent to termination of registration with the Platform by the Investor.

 

1. 3. You agree that the Company may use your Information for the purpose of internal analysis and to improve the quality of its services and offerings, subject to the terms of the Privacy Policy.

 

1. 4. Any misrepresentation in providing the Information or shall render the Services void ab initio, but without any recourse on the Company. The Company shall not be held responsible for any reason whatsoever if the credentials provided by you are incorrect at any point in time. Failure to provide accurate and complete Information during registration may prohibit the user from availing the Services.

 

7. Services:

 

0. 1.  The Company seeks to offer you information, transaction facilitation services or transaction services for investing in financial instruments either directly from the Company or from third parties registered on the Platform. To this end, the Company may offer through the Platform, services relating to:
1. Viewing of your login details and registration details, and the ability to edit some details;
2. The ability to view financial and other information pertaining to any financial instruments that may be made available by the Company through the Platform;
3. The ability to request and review information relating to transactions made by you regarding any of the financial instruments;
4. The delivery of flash messages, push messages, notifications and other information that the Company may deem important and pertinent to you in the use of the Services;
5. The ability to create new transactions for investment in any financial instruments;
6. The ability to convey communications to the Company and the third parties registered on the Platform;
7. The ability to save an electronic/scanned copy of your signature for ease in completing transactions and for affixing it every time a transaction is required to be completed by you. While such e-signature will be stored in our servers, we shall not use such signature for any purpose whatsoever without your consent.

 

1. 2. You agree that the Company reserves the right to update the Platform at any time in the interests of security, compatibility and inter-operability and that your access to the Services may be subject to the approval and successful implementation of such updates.

 

1. 3. You agree that the Company reserves the right to withhold access to certain services across one or all platforms depending on the nature and category of account held by you.

 

1. 4. You acknowledge that the terms of agreement with your respective mobile network provider or internet service provider will continue to apply when using the Platform. As a result, you may be charged by the mobile network provider or internet service provider for access to network connection services for the duration of the connection while accessing the Platform. You accept responsibility for any such charges that may arise.

 

8. Use of the Information Services:

 

1. 1. You agree that any of the Services provided by the Company that pertain to the viewing, retrieval and reviewing of information relating to your login credentials, your profile or to transactions created by you (“Information Services”) are provided as is and without any representation or warranty as to the timeliness or accuracy of such information and that the Company shall not be held liable for any inaccuracy in the Information Services that may be provided on the Platform.
   2. You agree that, in using the Information Services, you are the person authorized to view the information provided through the Information Services and that you have taken adequate steps to secure access to your Login Credentials, personal information, scheme-related authentication information or to any medium on which such credentials or information is stored. The Company is not responsible for any access or use of the Information Services by unauthorised third parties as a result of your loss of security over the Login Credentials or other information.

 

9. Use of the Transaction Services:

 

1. 1. The Company may provide services relating to the creation of new transactions in some or all of the financial instruments (“Transaction Services”).

 

1. 2. You agree that, prior to using any Transaction Services made available by the Company, you have read and understood the terms and contents of the scheme information documents, statements of additional information, if any and offer documents including schemes of the third party service provider.

 

1. 3. You acknowledge that the Company merely offers services relating to transaction facilitation and that all terms and conditions relating to the creation and processing of transactions in any Scheme are governed by the terms and conditions of the respective third parties administering such Scheme. You agree, prior to using the Transaction Services, to accept such terms and conditions of the third party which govern the transaction.

 

1. 4. You hereby affirm that you are authorized to enter into any transaction that you may create using the Transaction Services offered by the Company and that the amount invested by you in any Scheme is through legitimate sources and does not involve and is not designed for the purpose of any contravention or evasion of any Act, Rules, Regulations, Notifications or Directions issued by any regulatory authority in India.

 

1. 5. You acknowledge that all financial transactions conducted by you using the Platform are conducted through a third party payment gateway (“Payment Gateway”) and through your mapped bank account or financial service provider (“Bank”) and that the Company shall not be held responsible for any irregularity or failure in the completion of the Transaction Services attributable to the Payment Gateway or the Bank. You shall be solely responsible towards the transaction and the Regulatory and government authorities including Reserve Bank of India/ National Stock Depositories Ltd (NSDL). 

 

1. 6. You agree that, in using the Transaction Services, you are the person authorized to create the transactions provided for through the Transaction Services and that you have taken adequate steps to secure access to your Login Credentials, or to any medium on which such Login Credentials are stored. The Company is not responsible for any access or use of the Transaction Services by unauthorized third parties as a result of your loss of security over the Login Credentials.

 

 

10. Use of the Communication Services:

 

1. 1. The Company may provide services allowing you to communicate with the Company or the third parties (“Communication Services”).You agree that neither the Company nor the third parties are obligated to respond to your communications and that the Company is not liable for any loss or deficiency of service resulting from the lack of response from the third parties or the Company to your communications.

 

11. Representations and Warranties of the Investor:

 

1. 1. You represent and warrant to the Company that You have provided true and accurate details in the completion of your registration process and in the provision of Login Credentials, that you shall take all steps to maintain the accuracy of such information, and that you have taken all steps to secure access to such information from unauthorized access by third parties.

 

1. 2. You represent and warrant to the Company that you have and will comply with the applicable provisions and clauses specified by SEBI /any other Regulatory Body/ Government Body with respect to Bonds/ Securities or any Financial Instrument, as amended and re-enacted from time to time or any other applicable regulations and/or guidelines or directives or statutes.

 

1. 3. You agree to comply with relevant Know Your Customer norms or other information disclosure norms as laid down by SEBI/ any other Regulatory Body/ Government Body or any other governmental body and as amended from time to time (“KYC”). You agree that the Company has the right to reject a transaction in case of failure to comply with KYC norms. The onus of conducting and adhering to the KYC norms is on You and You will ensure to cooperate in the provision of true and accurate details in any verification process that may be required from time to time.

 

12.  Additional Representations and Warranties:

In addition to the representations and warranties mentioned in the above clauses , by using the Platform you further represent and warrant that:

 

1. 1. You are 18 years of age or older and that your use of the Platform shall not violate any applicable law or regulation. You are legally qualified and certified holder of Indian Passport and Citizenship norms and that You take sole responsibility towards any liabilities, notice, suit, claim, complaint, penalty, fee, cess and or otherwise any communications from the any other Regulatory Body/ Government Body.

 

1. 2. Your use of the Platform is solely for your personal and non-commercial use. Any use of the Platform or its content other than for personal purposes is strictly prohibited. You will ensure that you are accessing the most recent version of the Platform in order to access any of the features provided on the Platform.

 

1. 3. Your use of the Platform shall be subjected to the following restrictions:

 

1. All use by you of the Platform shall be for your own personal purposes only you will not modify any content of the Platform
2. you will not decompile, reverse engineer, or disassemble the content or the Platform or any portion thereof; or
3. you will not remove any copyright, trademark registration, or other proprietary notices from the Platform. You further agree not to access or use this Platform in any manner that may be harmful to the operation of the Platform or its content.
4. you will not use the Services available on the Platform for commercial purposes of any kind; and
5. you will not use the Platform in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.
6.  You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.

 

1. 4. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling” and “phishing” as those terms are commonly understood and used on the Internet.

 

1. 5. You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

 

1. 6. The Company cannot and will not assure that other users will be complying with the foregoing rules or any other provisions of these Terms & Conditions, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

1. 7. All information, content, features, functionalities and material contained in the Platform (including but not limited to all software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are intellectual property of the Company, its licensors, or other providers of such material. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company’s express written permission.

 

1. 8. You acknowledge that when you access a link that leaves the Platform, the website that you will enter into is not controlled by the Company and different terms of use and privacy policies may apply. By accessing such third party links to other website, you acknowledge that the Company is not responsible for those websites. The Company reserves the right to disable such links from third-party sites to the Website, although the Company is under no obligation to do so.

 

1. 9. You expressly understand and agree that:

 

1. The information, content and materials on this Platform are provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, promoters, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose with respect to the results obtained, and non-infringement.

 

2. The Company does not warrant that content and information provided on the Platform are accurate, complete or error free. You acknowledge that any data and information contained in the Platform is indicative only and the Company, its affiliates, employees, partners etc. are not responsible for any difference in the data contained in the Platform and the actual data including if such difference has arisen without prior notification to You.

 

3. The Company does not warrant that the functions contained in content, information and materials on the Platform, including, without limitation any third party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.

 

4. Any material downloaded or otherwise obtained and accessed through the Platform are at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system, laptop, mobile phone, smart phone, tablet or any device that you may use to access the Platform

 

5. Any transaction in financial securities shall be subject to fluctuations and risks including market risks not within the control of the Company and the Company shall not be responsible for any losses incurred by You attributable directly or indirectly to such market risks. The Company does not guarantee any return on investment on in the financial securities and the past performance / past track records of any financial instruments offered on the Platform does not guarantee future results or returns to You.

 

6. The rating of any financial instruments may change prior to or subsequent to Your investment and the Company is not responsible for any losses arising to You out of such change in rating. You agree that any investment undertaken by You on the Platform has been undertaken after exercising due care, caution and diligence and after understanding the nature and the underlying risk attached to such security by reading the relevant documents in relation to the investment in the financial instruments.

 

7. You agree and acknowledge that if you invest in financial instruments offered by third party service providers, the Company plays a role of an intermediary platform connecting You with third party service providers offering financial instruments on the Platform. If You choose to invest directly in financial instruments offered by the Company, You agree to do so after making your own assessment of the financial instruments offered and the Company is not liable for any losses arising to you, directly or indirectly out of Your investment. The Company does not in any manner guarantee the performance of the financial instruments including the payment of principal or coupon rates on the subscribed financial instruments.

 

 

1. 10. You understand and agree that the Company reserves the right, in the event you breach these Terms & Conditions stipulated herein, to suspend and / or terminate your access to the Platform with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the Platform. Upon suspension or termination, your right to access the Platform shall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information.

 

1. 11. The Company does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Platform, are actually the terms that may be offered to you, if you pursue the offer, or that they are the best terms or lowest rates available in the market. You also agree and understand that data feeds, prices, rates and other similar market value information about any product or asset or property or securities or account information could be based on delayed feeds and these data or information may not reflect the real time values/actual rates.

 

 

13. Confidentiality:

 

1. 1. You agree and accept that all facts, data, customer databases, information, credentials, manuals, details, materials, reports and any other information which may be given or communicated either physically to You or electronically via the Platform shall be the sole property of the Company and shall be kept confidential by You.

 

14. Indemnity and Limitation of Liability:

 

1. 1.  You  shall defend, indemnify and hold the Company, its directors, assigns and its affiliates, promoters, successors in interest and permitted assigns harmless from and against all claims, damages or losses of any kind, including legal fees, resulting from:

 

1. the breach of any term, covenants, conditions or other provisions hereof, or offer documents or any actions or omissions thereunder;
2. any failure to comply with applicable legislation, statutes, ordinances or regulations;
3. fraudulent, improper, incorrect, wrongful or negligent act or omission by the Investor;
4. the use and misuse of the Platform; and/or
5. willful misconduct of Yourself.

 

You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages (including lost profits or revenue, deletion or corruption of electronically or digitally stored information or loss of goodwill or reputation, investment, production, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the Investor or any other person) resulting from circumstances, including but not limited to: the use or the inability to use the Platform; unauthorized access to or alteration of your transmissions or data on the Platform; statements or conduct of any third party on the Platform; or any other matter relating to the Platform. This clause shall survive the termination of these Terms & Conditions.

 

1. 2.  The Company and the third party service providers expressly disclaim all warranties of any kind as to the services and all information, products, services and other content (including that of the 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.

 

1. 3.  Without limiting the generality of the foregoing, the Company and its third party service providers are not responsible for the accuracy or reliability of any data from any third party or for any interruptions in the availability of any Services, whether the result of actions by the Company, or any third party.

 

1. 4.  The Company makes no representation, warranty or guarantee that the content that may be available through the services 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, surreptitiously intercept or expropriate any system, data or personal information.

 

1. 5. The Company and its service providers make no warranty that-

 

1. the services will meet your requirements,
2. the services will be uninterrupted, timely, secure, or error-free,
3. the results that may be obtained from the use of the services will be accurate or reliable,
4. the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and
5. any errors in the technology will be corrected. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you are solely responsible for any damage to your computer system 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 the Company or its service providers or through or from the Company or its service providers, will create any warranty not expressly stated in these terms.

 

1. 6. Neither the Company nor the Services are intended to provide any legal, tax or financial or securities related advice. You agree and understand that the Company is not and shall never be construed as a financial planner, financial intermediary, investment advisor, broker or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and is broad and general in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your advisor or other financial advisers who are fully aware of your individual circumstances. The Company shall not be liable if any transaction does not fructify, or may not be completed, or for any failure on the part of the Company to perform any of its obligations under these terms and conditions, or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event. In such a case, its obligations shall be suspended for so long as the Force Majeure event continues. A Force Majeure event shall mean events which are beyond the Company’s reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the Company.

 

15. Termination:

 

1. 1.  These Terms & Conditions shall continue to subsist as long as you are validly registered with the Company and are accessing the Platform via any medium. Any actions contrary to the above terms shall give the Company a deemed consent from You to terminate. The Company reserves its rights towards the termination and its legal actions there upon.

 

1. 2. On the termination of Your registration for use of the Platform, you shall no longer have access to the Platform. The Company shall have the right to disable all the login credentials associated with you on the Platform.

 

16.  Severability:

If any clause or sub-clause of these Terms & Conditions is declared by any jurisdictional Court or tribunal to be illegal or unenforceable, it will not affect validity or enforceability of the other clauses or sub-clauses.

17. Governing Law and Dispute Resolution:

These Terms & Conditions are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to these Terms & Conditions, shall be subject to the jurisdiction of the courts at Mumbai.

18. Interim Relief:

In the event of your breach of these Terms & Conditions, you agree that the Company will be irreparably harmed and will not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.

19. Waiver:

Any failure of the Company to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.