This document/agreement/understanding is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 read with Information Technology Act, 2000 and does not require any physical or digital signatures.
Please read this Agreement carefully before accessing or using our website/ platform. By accessing/using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may stop accessing the Website/ platform. If these terms and conditions are considered as an offer by Geojit Financial Services Limited hereinafter known as (GEOJIT), acceptance is expressly limited to these terms. The Website is available only to individuals who have completed 18 years of age as per the Indian Majority Act 1875.
The following terms and conditions govern the use of TradeCharcha and all its content, discussions and products available from time to time at or through the website, including, but not limited to, Geojit, SELFIE, and FundsGenie and other platforms introduced by GEOJIT over the course of time. Hosting services (“Hosting”), (taken together, the Website). The Website is owned and operated by Geojit Financial Services Ltd and Geojit Technologies Private Limited known as “GEOJIT”. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation to Geojit’s Privacy Policy, Community Guidelines and procedures that may be published from time to time on this site by Geojit (collectively, the “Agreement”). You agree and understand that the information and material contained on this Website implies and constitutes your consent to the terms and conditions mentioned below. You also agree that Geojit Financial Services Limited can modify or alter the terms and conditions of the use of this service without any liability.
1. User Geojit Account
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify GEOJIT of any unauthorized usage of your account or any other breaches of security to the Chief Information Security Officer as per the details provided in this agreement. GEOJIT will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. GEOJIT does not warranty the timeliness, accuracy or quality of the electronic content. It is the sole risk and discretion of the user to understand the information, analyse, and adopt such information shared by other users through this Website/ platform. Geojit in no circumstances shall be held responsible for usage of information shared by users on TradeCharcha.
2. Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), or post the news or analysis of any third party, you are entirely responsible for the Content/posting of, and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, audio files, or computer software. By making Content available, you represent and warrant that:
i. The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
ii. If your employer has rights to intellectual property you create, you have either:
- Obtained consent or received permission from your employer to post or make available the Content for posting on the website, including but not limited to any software, or
- Secured from your employer a waiver as to all rights in or to the Content;
ii. You have fully complied with any/all third-party licenses relating to the Content, and have done all things necessary and due diligence to successfully pass through the end users for any required terms;
iii. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
iv. The Content is not spam, is not machine/randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
v. The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
vi. Your content is for not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
vii. Your content is not named in a manner that misleads or deceives your readers by thinking that you are another person or company; and
viii. You have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by GEOJIT or otherwise.
3. User Content License
Without limiting any of those representations or warranties, GEOJIT has the right (though not the obligation) in GEOJIT’s sole discretion to:
i. Refuse or remove any content that, in GEOJIT’s reasonable opinion, violates any GEOJIT policy or is in any way harmful or objectionable, or
ii. Terminate or deny access to and use of the Website to any individual or entity for any reason, in GEOJIT’s sole discretion. GEOJIT will have no obligation to provide a refund of any amounts or any amount accrued or previously paid.
4. Payment and Renewal
General Terms
Optional paid services or upgrades may be available on the Website. When utilising an optional paid service or upgrade, you agree to pay GEOJIT the monthly or annual subscription fees as mentioned therein as per the subscription plans available. Payments will be charged on a pre-pay basis from the inception of utilising the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.Automatic Renewal
Unless you have notified GEOJIT before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew as per the plan subscribed and you authorise GEOJIT to collect the then-applicable annual or monthly subscription fees (as well as taxes) using any debit card/credit card or other payment mechanisms we have on record for you. Subscriptions can be cancelled at any time as may be desired by the account holder through an intimation to the email address provided on our website.
5. Services
Hosting, Support Services
Optional Hosting and Support services may be provided by GEOJIT under the terms and conditions for each such service. By signing up for a Hosting or Support services account, you agree to abide by such terms and conditions.
6. Responsibility of Website Visitors/Users
GEOJIT has not reviewed, and cannot review, all of the material, including computer software, posted on the Website, and therefore cannot be responsible for that material’s content, use or effects. By operating the Website, GEOJIT does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, it is the sole responsibility of the User of the account and GEOJIT disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
In furtherance of the above terms the user of the website shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
i. Belongs to another person and to which the user does not have any right;
ii. Is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
iii. Is harmful to a child;
iv. Infringes any patent, trademark, copyright or other proprietary rights;
v. Violates any law for the time being in force;
vi. Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
vii. Impersonates another person;
viii. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
ix. Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
x. Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
7. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TradeCharcha or Geojit links, and that links to TradeCharcha or Geojit. GEOJIT does not have any control over those non-GEOJIT websites and webpages and is not responsible for their contents or their use. By linking to a non-GEOJIT website or webpage, GEOJIT does not represent or imply that it endorses such websites or webpages. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. GEOJIT disclaims any responsibility for any harm resulting from your use of non-GEOJIT websites and webpages.
8. Copyright Infringement
As GEOJIT asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by geojit.com violates your copyright, GEOJIT will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. GEOJIT will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of GEOJIT or others. In the case of such termination, GEOJIT will have no obligation to provide a refund of any amounts previously paid to GEOJIT.
9. Intellectual Property
This Agreement does not transfer from GEOJIT to you any GEOJIT or third party intellectual property, and all rights, titles and interests in and to such property will remain (as between the parties) solely with GEOJIT. Geojit and its logo, and all other trademarks, service marks, graphics and logos used in connection with Geojit, or the Website are trademarks or registered trademarks of GEOJIT or GEOJIT’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any GEOJIT or third-party trademarks.
10. Advertisements
GEOJIT reserves the right to display advertisements on your content unless you have purchased an Ad-free upgrade or a services account.
11. Attribution
Geojit reserves the right to display attribution links such as ‘Powered by Geojit.com/TradeCharcha,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the Geojit.com/ TradeCharcha toolbar may not be removed regardless of upgrades purchased.
12. Changes
GEOJIT reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. GEOJIT may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
13. Termination
GEOJIT/ TradeCharcha may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Geojit TradeCharcha account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties
The Website is provided “as is”. GEOJIT and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Geojit nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15. Limitation of Liability
In no event will GEOJIT, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
i. Any special, incidental or consequential damages;
ii. The cost of procurement for substitute products or services;
iii. For interruption of use or loss or corruption of data; or
iv. For any amounts that exceed the fees paid by you to GEOJIT under this agreement during the twelve (12) month period prior to the cause of action.
GEOJIT shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. General Representation and Warranty
You represent and warrant that:
i. Your use of the Website will be in strict accordance with the GEOJIT Privacy Policy and Community Guidelines with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and
ii. Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
17. Indemnification
You agree to indemnify and hold harmless GEOJIT, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
18. Governing Law
This Agreement constitutes the entire agreement between GEOJIT and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of GEOJIT, or by the posting by GEOJIT of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of India., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be at Kerala located in Ernakulam, Kerala, India. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the arbitration and conciliation act 1996 by the sole arbitrators appointed by the Geojit under the provisions of the Arbitration and Conciliation act 1996. The arbitration shall take place at Ernakulam, Kerala, India, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the party’s original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; GEOJIT may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.