T E R M S O F U S E
Welcome to www.finstinct.com (hereinafter referred to as "Website" or "Finstinct"). This Website is owned and operated by Capital Quant Solutions Private Limited ("Company"), a company incorporated under the laws of India and having its registered office at F-6-D Saket, New Delhi 17. In using the services offered by the Company, you are deemed to have accepted the terms and conditions listed below or as may be revised from time to time at our sole discretion, which is, for an indefinite period and you understand and agree that you are bound by such terms till time you access this website. If you want to ask us anything about these terms and conditions or have any comments or complaints on or about our Website, please email us at firstname.lastname@example.org.
We reserve the right to change these terms & conditions from time to time at our discretion without any obligation to inform you and it is your responsibility to look through them as often as possible so as to be updated at all times in relation to the existing terms and conditions. The Website users may only maintain one active registration. In other words, it's one registration per person. By accepting this agreement, you certify that you personally have no other registration with the Website.
As a registered user, you can change your password at any time. For more information on that, you can click the "my account" tab once you login. Also, if you forget either your password or user name, you can go to this page and by just inserting your e-mail address you will get your info in an instant.
ACCURACY AND REGISTRATION OBLIGATIONS
If you use the Website, you are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. The Company shall not be liable to any person for any loss or damage, whether direct, indirect or confidential, which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password you should notify us by contacting us immediately through the address provided in the beginning of this agreement. If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to the Company for such period of time as we deem appropriate in the circumstances.
You shall not use the Website for any of the following purposes:
- Disseminating any unlawful, harassing, defamatory, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or discloses private or personal matters concerning any person.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person's use or enjoyment of the Website.
- Breaching any applicable laws;
- Interfering or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Post or transmit any material that you do not have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements).
- Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Intentionally violate the laws, rules, and regulations of the SEBI, BSE and NSE and the national or other securities exchanges, especially and including the rule against making false or misleading statements to manipulate the price of any security;
- Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;
- Post or transmit any file that contains viruses, corrupted files, "Trojan Horses", or any other contaminating or destructive features that may damage someone else's computer.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing';
- Sending unsolicited email, including promotions and/or advertising of products or services; or
Violations of system or network security may result in civil or criminal liability under applicable laws. Finstinct.com may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).
OWNERSHIP OF CONTENT
The Website is owned by Capital Quant Solutions Private Limited. All of the content featured or displayed on the Website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software and any other information or materials of any nature whatsoever ("Content"), is owned by the Company and/or its group companies, its licensors and/or its content providers. All elements of the Website including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under the terms and conditions herein or another agreement with the Company, no portion or element of the Website or its Content may be copied or retransmitted via any means and the Website, its Content and all related rights shall remain the exclusive property of the relevant member of the Company or group of companies or its licensors unless otherwise expressly agreed.
COPYRIGHT AND TRADEMARKS
The copyright in all Content is and remains as the property of the Company. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content contained herein. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of the Company. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You shall not remove any copyright, trademark or other proprietary notices from material found on the Website. In the event you download software from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by the Company. The Company does not transfer title to the Software to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred to you by the Company. You own the medium on which the Software is recorded, but the Company retains full and complete right, title and interest to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, names, logos and service marks (collectively "trademarks") displayed on this website used herein (including but not limited to: the word mark "Capital Quant Solutions Private Limited") are trademarks or registered trademarks owned by the Company or its affiliates, and unless stated otherwise are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of the Website Owner. You shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Company's trademarks in any way or for any purpose whatsoever, including in advertising or publicity pertaining to distribution of materials on the Website, without the Company's prior written consent. The use of the Company's trademarks on any other website or network computer environment, for example the storage or reproduction of (or a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet Website without the express written consent of the Company, is prohibited.
DISCLAIMER OF WARRANTIES
The Company is in the business of providing research and analysis in relation to Indian stock markets. The Company would provide certain research based services to its retail investors, who are members of this website, to enable them to evaluate their investment opportunities in the stock market accordingly. In no event shall any such information, research or analysis be deemed to be advisory in nature, and no user of the Website shall make any claim in relation to any reliance placed upon any contents, materials, or documents that such user may have obtained through means of this Website.
The Website and the content are provided 'as is' and without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the Website is for general information purposes only and does not constitute advice, whether specific or otherwise. The Company does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current or error free in any manner, or that the Website will be uninterrupted or error free, or that any defects in the Website will be corrected or that the Website or the server that makes the Website available are free of viruses or any other harmful components.
The Company does not make any warranties or representations regarding the use of the materials in the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
Please note that any information, materials, reports etc that may be provided to you by us through means of this website, may be based either in whole or in part on third party generated information which may or may not be publicly available. We do not assume any responsibility for the accuracy or veracity of any such third party information. Please also note that any such third party information (including all intellectual property rights therein) belongs completely to such third party, and that you may not reproduce any of the same (whether in whole or in part) without the express prior written consent of the relevant third party.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY INFORMATION CONTAINED HEREIN, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MISUSE OF THE SITE
You are prohibited from using the Website to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Website to advertise or perform any commercial solicitation.
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement in perpetuity.
What Information Do We Collect
The types of information that the Website collects fall under two general categories: personally-identifiable-information (PII) and non-personally-identifiable information (non-PII).PII consists of any information which can be used to specifically identify you as an individual.Non-PII consists of aggregate information or any information that does not reveal your identity. [ALMT Comment: Please confirm]
The Website collects user submitted information such as name, email address, age to authenticate users and to send notifications to those users relating to our services. The Website also collects other profile data including but not limited to: personal interests, gender, age, education etc., in order to provide the optimum services.
When you visit our Website you might be providing statistics collected as you browse and personal information you knowingly give us. Be assured that safeguarding the contents of information related to you is our priority.
We use your personal information to:
- help us provide personalized features
- tailor our sites to your interest
- to get in touch with you when necessary
- to provide the services requested by you
- to preserve social history as governed by existing law or policy.
The Website also logs non-PII including IP address, profile information, aggregate user data, and information your browser sends, from users and visitors to the Website. This data is used to manage the website, track usage and improve the website Services. User IP addresses and/or mobile location may be recorded for security and monitoring purposes.
Finstinct.com is very concerned about safeguarding the confidentiality of your personally identifiable information.Finstinct.com user accounts are secured by user-created passwords.Finstinct.com takes precautions to ensure that user account information is kept private. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.If the Company learns of a security systems breach, we may attempt to notify you electronically so that you may take appropriate steps. However, please note that we cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time, and you agree and undertake that we shall not be held liable for any such breach of security of user information.
We may also use a user's email address to send updates, a newsletter or news regarding the services. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications that we send you.
Sharing and disclosure of information collected by the Company
Disclosure by law
(1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by the Company, whether or not a response is required by applicable law; the Company cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of the Company or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law. Further, any such information may be required to be disclosed pursuant to an administrative or regulatory order, and in such cases, we reserve the right to freely disclose any user information that may be mandated under such regulatory or administrative order.
Disclosure to trusted third parties
We may engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns.
We may share your non-PII with third parties, but not in a manner that would reveal your identity. We may share your PII, sometimes in conjunction with your non-PII, with service providers that may be associated with us to perform functions on our behalf. For example, outsourced customer support agents or technology infrastructure providers may need access to your information to perform services for you. Your information will be treated as private and confidential by such service providers and not used for any other purpose than we authorize. If you do not wish to receive offers from our trusted partners, you can change your email preferences at any time by following the steps outlined in the "Choice/Opt-Out" section below.
Information transferred as a result of sale of business
As we develop our business, we may buy or sell assets and, depending on the transaction, your PII may be one of the transferred assets. In the event that we are acquired by another company, your PII may be part of the assets transferred to the acquiring party. If this occurs, you will be notified if there are any material changes to the way your PII is collected or used. You further hereby agree to the transfer of any PII or other information in relation to you to any such acquirer company as part of the assets transferred to such company.
CHANGES TO THE TERMS
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Website following the posting of changes to these terms will mean you irrevocably accept those changes.
Any dispute, controversy or claim directly or indirectly caused by, arising out of or relating to this Policy will be governed by the laws of India and will be referred to confidential, mandatory and binding arbitration in New Delhi, India.The arbitration will be conducted on an expedited basis before a single arbitrator appointed by the Company in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996.The arbitrator's award shall be substantiated in writing and will be final and binding on you. Subject to the above, you agree to submit yourself to the exclusive jurisdiction of the Courts in New Delhi, India.
APPLICABLE LAW AND JURISDICTION
By viewing this Website you are deemed to agree to exclusive jurisdiction of the courts at New Delhi, India in respect of any action arising there from or related thereto. All disputes arising out of these terms and conditions shall be construed in accordance with the laws of India.
For any further details contact us at: