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Terms of use

By visiting www.investmentwatch.moneycontrol.com ("Website") you are agreeing to be bound by the following terms and conditions. The Website is owned and controlled by e-Eighteen.com Limited ("Company"). The Company may change these terms and conditions at any time upon its sole discretion. Your continued use of the Website means that you accept any new or modified terms and conditions. Please re-visit the `Terms of Use' link at our site from time to time to stay abreast of any changes that we may introduce.


1) REGISTRATION


To avail services from the Website, you are required to provide personal details and pay the necessary fees/charges. Only once you are a registered user of the Website will you gain access to the information/content provided by the Website.


You hereby grant the Company the permission to use and maintain a record of your personal details and allow reproduction of the same.


By registering, you certify that all information you provide, now or in the future, is true and accurate.


You agree that by registering with us, you agree to get periodic SMS alerts and/or Email alerts and/or periodic news updates and/or news -letters.


Upon registering on the website and paying the requisite fees/charges you will be required to verify your mobile number and/or email-id to begin receiving Services of the Website. If the mobile number and/or email-id provided by you ; for availing Services of the Website is not verified and confirmed by you, then the Services shall not be provided on such mobile number and/or email id. The fees/charges paid by you shall not be refunded by the Company and you shall not require the Company to refund the fees/charges under the aforesaid circumstances.


At the end of the subscription period you shall be required to re-subscribe to avail Services of the Website. The Company reserves the right to revise the subscription price at any time at its sole discretion, and you shall be bound to pay the revised rates for re-subscription to the Services.


You hereby agree to provide such correct financial details that shall be required for provision of Services. You understand that the Company shall not take any responsibility for any incorrect or false information provided by you and any consequences thereof.


The Company reserves the right, in its sole discretion, to deny you access to this Website or any portion thereof without notice for the following reasons (a) immediately by the Company for any unauthorized access or use by you (b) immediately by the Company if you assign or transfer (or attempt the same) any rights granted to you under these terms; (c) immediately, if you violate any of the other terms and conditions of this Terms of Use.


By registering for the Services of the Website you expressly agree to receive SMS alerts even if your mobile number is registered in the National Do Not Call Registry (NDNC).


2) CONDITIONS OF ACESS/USE:


The Company hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access the Website provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Terms of Use.


The Website shall be solely used for the bonafide purpose of availing the Services being offered by the Website.


You shall have the right to pause the Services for any duration during the subscribed period. The decision to pause the Services shall be solely at your discretion and the Company/Website shall not be held responsible for the same. If the subscription expires during the duration of the pause of Services, then you will have to re-subscribe to avail the Services of the Website. Under no circumstances shall the Company refund the fees/charges or indemnify you for any loss/damage suffered directly or indirectly by you due to such pause of Services.


You understand that the push SMS service are only for Indian users, if you are not an Indian user the push SMS Service shall not be available to you.


Further, the Company reserves the right to terminate any Services at its sole discretion without intimation to the User.


You agree and understand that all Services provided are non-refundable and that you should carefully consider whether our services are able to meet your needs.


3) INTELLECTUAL PROPERTY RIGHTS:


You hereby acknowledge and agree that the Company along with its affiliates and agencies, own all right, title and interest in any copyright, trademark, service mark, designs, patents and other similar intellectual property ("Intellectual Property Rights") emanating from all or any part of the Information/Content provided or accessed by way of Services or as contained or presented on the Website.


You further acknowledge and agree that you shall not claim or assert any rights in the aforesaid Intellectual Property Rights.


Any logo or name or design or image or information contained in the Website or provided to you as Services by the Website or accessed by you from the Website is the valuable, exclusive property of the Company, and nothing shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.


4) NO RETRANSMISSION OF INFORMATION:


All information as available on the Website and as provided to you as Services is the proprietary, confidential property of the Company and cannot be repeated or reproduced for any reason. You agree not to repeat or rebroadcast in any way any of the information provided to you as Services or made available on the Website for any reason whatsoever. You agree that if you do repeat , reproduce, rebroadcast any of the aforesaid information by any mean, you will be liable for actual and punitive damages as determined by the Company and additional damages to be determined by a Indian court of Law.


You may not resell, redistribute, broadcast or transfer the information or use the information provided to you as Services in a searchable, machine-readable database unless separately and specifically authorized in writing by the Company prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Website, any part thereof, or any of the information received as Services or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by the Company prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Website without prior written authorization except as set forth herein, any other use of the information contained in this site requires the prior written consent of the Company and may require a separate fee.


5) DELAYS IN SERVICES:


The Company (including its their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, delays or inability of the service provider, delays or inability of the network provider, telephone interconnect problems, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Company shall have no responsibility to provide you access to the Website or provide uninterrupted Service while interruption of the Website is due to any such cause.


6) LIABILITY DISCLAIMER :


YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.


THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PROVIDED BY THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. THIS WEB SITE AND ITS SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, TECHNICAL ERRORS OR OTHER DISRUPTIONS. THE COMPANY (AND ITS OWNERS, SUPPLIERS, CONSULTANTS, ADVERTISERS, AFFILIATES, PARTNERS, EMPLOYEES OR ANY OTHER ASSOCIATED ENTITIES, ALL COLLECTIVELY REFERRED TO AS ASSOCIATED ENTITIES HEREAFTER) SHALL NOT BE LIABLE TO THE USER OR MEMBER OR ANY THIRD PARTY SHOULD THE COMAPNY EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE ANY OR ALL OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED OR PROVIDED BY THE WEBSITE.


THE COMPANYAND/OR ITS RESPECTIVE ASSOCIATED ENTITIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY AND/OR FITNESS AND/OR ACCURACY OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PROVIDED BY THE WEBSITE FOR ANY PURPOSE. ALL SUCH CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS ASSOCIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY.


IN NO EVENT SHALL THE COMPANY AND/OR ITS ASSOCIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS ASSOCIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE COMPANY SHALL UNDER NO CIRCUMSTANCES WHATSOVER BE HELD RESPONSIBLE FOR ANY LAG/DELAY OR INABILITY OF THE USER TO OBTAIN/RECEIVE ANY INFORMATION, CONTENT AND SERVICES OR ANY MISDELIVERY OR FAILED DELIVERY OF THE INFORMATION, CONTENT AND SERVICES FOR ANY REASON WHATSOVER.


THE VIEWS OR OPINIONS CONTAINED ON THE WEBSITE OR PROVIDED TO YOU BY WAY OF SERVICES ARE NOT OF THE COMPANY, THE COMPANY DISCLAIMS ANY LIABILITY FOR THE SAME. THE COMPANY DOESNOT ENDORSE ANY VIEW OR OPINION, IT IS ONLY FOR INFORMATIONAL PURPOSE AND SHOULD BE USED BY YOU AT YOUR OWN DISCRETION.


THE WEBSITE SHALL ALLOW YOU TO DOWNLOAD THE INVESTMENTWATCH APPLICATION, WHICH SHALL BE KEPT ALIVE AT YOUR OWN DISCRETION. THE COMPANY DOESNOT GUARANTEE THE FITNESS OF THE APPLICATION OR ITS COMPATIBILITY WITH YOUR DEVICE OR OPERATING SYSTEM.


THE WEBSITE SHALL ALLOW YOU TO DOWNLOAD THE INVESTMENTWATCH APPLICATION, WHICH SHALL BE KEPT ALIVE AT YOUR OWN DISCRETION. THE COMPANY DOESNOT GUARANTEE THE FITNESS OF THE APPLICATION OR ITS COMPATIBILITY WITH YOUR DEVICE OR OPERATING SYSTEM.


THE SERVICES ARE IN THE NATURE OF OPT-IN SERVICES, HENCE UNDER TELECOM REGULATORY AUTHORITY OF INDIA (TRAI) REGULATIONS, THERE SHALL BE NO LIABILITY ON THE COMPANY/WEBSITE BY REASON OF THE USER BEING REGISTERED IN THE NATIONAL DO NOT CALL REGISTRY (NDNC).


BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, THE RESPECTIVE LIABILITY OF THE COMPANY, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE AMOUNT PROVIDED UNDER SAID LAW.


7) USE OF INFORMATION/CONTENT PROVIDED OR ACCESED:

BY ACCESSING OR REGISTERING FOR ANY PACKAGE OR SERVICES OF THE WEBSITE YOU ARE FULLY AWARE AND HEREBY UNDERTAKE THAT SUCH REGISTRATION TO THE WEBSITE IS AT YOUR SOLE DISCRETION. YOU UNDERSTAND AND AGREE THAT THE USE OF ANY INFORMATION/CONTENT BY YOU OR ANY THIRD-PARTY SHALL BE AT YOUR SOLE DISCRETION, AND ALL RISK OF EXERCISING ANY DECISION BASED ON THE INFORMATION/CONTENT PROVIDED TO OR ACCESSED BY YOU, SHALL BE SOLELY BORNE BY YOU. BY USING THE INFORMATION PROVIDED AS SERVICES BY THE WEBSITE, YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL GAINS AND LOSSES, FINANCIAL, EMOTIONAL OR OTHERWISE, EXPERIENCED, SUFFERED OR INCURRED BY YOU. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF, OR OTHERWISE ENDORSE IN ANY WAY, THE INFORMATION, DOES NOT GIVE INVESTMENT ADVICE, AND DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR COMMODITY INVESTMENT BY YOU OR ANY OTHER INDIVIDUAL. THE INFORMATION/CONTENT IS NOT INTENDED TO PROVIDE TAX, LEGAL OR INVESTMENT ADVICE, WHICH YOU SHOULD OBTAIN FROM YOUR PROFESSIONAL ADVISOR PRIOR TO MAKING ANY INVESTMENT OF THE TYPE DISCUSSED IN THE INFORMATION/CONTENT PROVIDED OR ACCESSED BY YOU. THE INFORMATION/CONTENT DOES NOT CONSTITUTE A SOLICITATION FOR THE PURCHASE OR SALE OF ANY COMMODITY, SECURITIES OR SUCH OTHER FINANCIAL INSTRUMENTS.


THE COMPANY RESERVES THE RIGHT FOR ANY REASON TO REMOVE WITHOUT NOTICE ANY INFORMATION/CONTENT OF THE WEBSITE.


8) EQUIPMENT AND OPERATION


You shall provide and maintain all telephone/internet and other equipment necessary to avail and receive the Services, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to avail and receive the Services. The Website disclaims any responsibility for the functionality or operation of any such equipment or connection or network used by the user.


9) INFORMATION DISCLAIMER:


You acknowledge that the information provided as Services by the Website is compiled from sources, which are beyond the control of the Company. Though such information is recognized to be generally reliable, you acknowledge that inaccuracies may occur and the Website does not warrant the accuracy or suitability of the information, for this reason, as well as the possibility of human and mechanical errors and other factors.


YOU ACKNOWLEDGE THAT THE SERVICES OF THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND TO THE USERS AND/OR ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. IN ADDITION, THE WEBSITE/COMPANY, IN PROVIDING THE INFORMATION AND SERVICES MAKES NO ENDORSEMENT OR DOES NOT DIRECTLY/INDIRECTLY PROMOTE ANY PARTICULAR SECURITY, COMMODITY, MUTUAL FUND, MARKET PARTICIPANT, OR BROKERAGE. THE COMPANY DISCLAIMS ANY RESPONISIBILITY OR WARRANTY FOR ANY INFORMATION OR DISPLAY IN THE FORM OF DISPLAY OR IMAGE OR ADVERTISEMENT ON THE WEBSITE, NEITHER SHALL IT BE HELD RESPONSIBLE FOR ANY RELIANCE ON SUCH DISPLAY OR ADVERTISEMENT.FURTHER, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS.


Under these Terms of Use, you assume all risk of errors and/or omissions in the Website, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website, including the information/content, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the Terms of Use.


YOU AGREE THAT THE COMPANY (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR AVAIL SERVICES FOR ANY PURPOSE WHATSOEVER. THE COMPANYAND IT'S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY IN TORT, CONTRACT, OR OTHERWISE TO USER AND/OR ANY THIRD PARTY.


10) LINKS TO THIRD PARTY SITES


The links in this site will allow you to leave the Website. The linked sites are not under the control of the Company. The Company has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by the Company of the site. Third party links to the Website shall be governed by a separate agreement.


11) INDEMNIFICATION:


You shall indemnify, defend and hold harmless the company (including its and their officers, directors, employees, affiliates, group companies, agents, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) your access and use of the Website and its Services(b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized or (d) any false information provided by you for malafide purposes.


12) CONFLICTING TERMS:


Any communication sent by the Company to you containing any terms and conditions shall be supplementary to these Terms of Use and shall be read in conjunction to the same. If there is any conflict between these Terms of Use and other communication or document, these Terms of Use shall govern, whether such order or other documents is prior to or subsequent to this Terms of Use.


13) ATTORNEY'S FEES:


If the Company takes any action (by itself or through its associate companies) to enforce any of the provisions of these Terms of Use, including collection of any amounts due hereunder, the Company shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.


14) SEVERABILITY:


Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.


15) CONFIDENTIALITY/NON-COMPETITION CLAUSE:


You agree to keep the information received from the Website by way of Services CONFIDENTIAL and will NOT Disclose the knowledge gained to any third person or firm for any reason. You expressly agree that you will be financially liable for actual and punitive copyright infringement and loss-of-business damages awardable to the Company and/or its associate companies if you derive any or all of your income from a stock or financial-services related web site and/or we find that you have copied, made derivative works from, or in any other way duplicated the proprietary information located on the Website or its web servers (including but not limited to graphics, trading systems and methods etc). The information and commentaries are not meant to be an endorsement or promotion or offering of any stock/security/commodity. Principles and employees of the Company do not represent themselves as acting in the position of an investment advisor, broker, or investment manager for the use of the information in this service.


16) TERMINATION:


These Terms of Use and rights granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons: (a) immediately by the Company for any unauthorized access or use by you (b) immediately by the Company if you assign or transfer (or attempt the same) any rights granted to you under these terms of use; (c) immediately, if you violate any of the other terms and conditions as mentioned herein. Termination or cancellation of this Agreement shall not affect any right or relief to which the Company/Website may be entitled, at law or in equity. Upon termination of these terms, all rights granted to you will terminate and revert to the Company. Except as set forth herein, regardless of the reason for cancellation or termination of these terms, the fee charged if any for access to the Website and its Services is non-refundable for any reason.


17) JURISDICTION:


The terms are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use and Services of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.


18) Special offers:


In case you choose to cancel your subscription before the due date; the value of the free gifts would be deducted from the refundable amount. The Company does not guarantee the quality or fitness of the gifts and disclaims any liability for any loss or damage suffered by you.


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