These Terms of Service were most recently updated on [27 th October, 2016].
Introductionwww.intellistocks.com ("Website") is a web-portal, owned by ‘Rothmans Investment Advisory’, holding a valid license as a SEBI Investment Adviser bearing license no.:INA100004798 and having its principal place of business located at18TH Floor, One Horizon Center, Golf Course Road, Gurgaon 122002 (hereinafter referred to as “Intellistocks”) Subject to all the terms and conditions contained hereunder, the Website is offered to you for your fair usage.
ServicesThe term “Services” includes, without limitation, use of the Website which provides individuals with investment advisory in terms of the SEBI (Investment Advisers) Regulations, 2013 (“Regulations”). The Services provided shall not be misunderstood to be those of a mutual fund distributor, stock broker, investment portfolio manager, etc. Intellistocks may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content on the Website. Intellistocks may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Intellistocks makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services. Intellistocks further makes no representation or warranty that the Services will be free of bugs, viruses, trojan horses or other codes that might contaminate of destroy Information.
3.1 EligibilityUse of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. You represent and warrant to IntelliStocks that: you are an individual (i.e.,not a corporation) who is at least 18 years
- i) capable of entering into a legally binding agreement;
- ii) all registration information you submit is accurate and truthful;
- iiI) you shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity; and
- iv) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
RegistrationAs a condition to using some aspects of the Services, you may be required to register with Intellistocksand select a password and user name (“Intellistocks Account”). At the time of registration, you agree to provide to Intellistocks accurate personal and financial information including but not limited to name, age, email id, mobile number, income details etc. You shall provide Intellistocks with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. The information provided by you to Intellistocks shall be liable to be verified as per the Know Your Client (“KYC”) applicable on Intellistocks under the Regulations. You shall not (i) select or use the Intellistocks Account of another person with the intent to impersonate that person; or (ii) use the Intellistocks Account as a name subject to any rights of a person other than you without appropriate authorization. Intellistocks reserves the right to refuse registration of or cancel a Intellistocks Account in its discretion. You shall be responsible for maintaining the confidentiality of your password. You are responsible for all activity on your account, whether or not you authorize it.
1) Description of ServicesThe Services and its contents are intended solely for the personal, non-commercial use of Services by the users and may only be used in accordance with the terms contained herein. Intellistocks shall analyze the financial information, investment profile, investment objectives, investment purpose provided by you and based upon the analysis, Intellistocks shall provide you with investment recommendations with respect to the securities as defined under the Securities (Contract) Regulation Act, 1956 , mutual funds, individual securities, ETF, fixed income bonds, derivatives, commodities, international stocks markets, etc (“Securities”) and any other investment advise sought by you as per the subscription plan availed by you as published on our website and the details for the same will be sent via mail. In order to ensure that you receive the maximum benefits from the services of Intelli Stocks, Intelli Stocks may recommend you to change your subscription plan, depending upon your risk profiling ascertained by Intelli Stocks. The investment recommendations shall signify the recommended price or the exit price and the percentage of your total investment portfolio that you should invest.You acknowledge and agree that Intellistocks only offers you with investment advise but does not enter into the principal transaction on your behalf in any manner whatsoever. You may, in your sole discretion, accept or reject or act upon the investment recommendations offered by Intellistocks and may buy/sell the securities recommended. However, Intellistocks shall consider all the investment recommendations provided by it for the purpose of calculating the returns on investment as per your subscription plan. All investment recommendations will be communicated to you either via SMS, e-mail or both as well as your Intellistocks Account. The number of recommendations that you shall receive during a month and the duration shall be as per the subscription plan availed by you as published on our website and the details for the same will be sent via mail. You shall immediately implement the investment recommendations, unless, specifically mentioned in the recommendation itself. You shall invest the percentage of your total investment portfolio specified in the investment recommendation in order to achieve the targeted returns on Investment as per your subscription plan. You are advised to check your emails and inboxes (including the spam folder, if any) regularly to subscribe to all of our recommendations. In order to execute the investment recommendations offered, Intellistocks may recommend you a broker/sub-broker or any other intermediary on its panel to facilitate the implementation of the investment recommendations. You may in your sole discretion agree to engage the broker/sub-broker or any other intermediary so recommended to execute the investment recommendations. In case, the intermediary recommended is engaged, such intermediary shall maintain all records of the transactions of purchase and sale of securities, along with the brokerage/commission charged for each transaction. You understand and acknowledge that Intellistocks may receive certain commission or fees from the broker/sub-broker for recommending its services to you. In any case, Intellistocks shall not be held liable for any act or omission on the part of the broker or sub-broker that may cause any loss to you. Intellistocks shall endeavor to render investment recommendations to achieve the targeted returns on investment based upon the subscription plan availed by you under as published on our website and the details for the same will be sent via mail. The return on investment is mere projection of the profit which you desire to achieve, by availing the services under this Terms of Service. Intellistocks does not guarantee the achievement of the targeted returns on investment stated under the subscription plan availed by you. However, as part of our commitment, we may extend the duration of your services at no additional fees/charges in case the assured returns are not achieved within the stipulated time, provided you have acted upon our investment advice. Intellistocks shall maintain a log/tracksheet of all the investment recommendation made. The log/track sheet can be accessed by you at regular intervals or periodically through your Intellistocks Account. Intellistocks shall send you via email the log/ tracksheet of the recommendations made to you during along with the return that has been incurred on the recommendations periodically.In case, you have any complaints or you wish to put any issue forward with respect to the contents of the log/tracksheet, you shall revert to Intellistocks within seven days of receiving the log/tracksheet via e-mail.. Failure to respond within the above mentioned seven days, shall constitute deemed acceptance by you. The actual returns on investment shall be calculated on the basis of the recommended price and the percentage of the total investment portfolio recommended of securities, under the subscription plan. The return on investment shall be calculated on the value of the securities exclusive of any charges that are payable for buying or selling the securities, including but not limited to brokerage, taxes, surcharges, subscription charges of our service or any other charges. This method of calculation mentioned above will be the sole and final source for determining your profits or losses from using the services of Intellistocks, and there will be no deviation from it. In case you fail to invest or exit in or from any of the recommendations given by us, or opts not to trade in, then you shall forfeit your right to claim the assured returns on investment, Intellistocks shall not be held liable for the failure to achieve targeted returns on investments made by you, if the investment recommendations were not duly followed. The actual returns shall be calculated upon the total investment recommendations that were offered to you throughout the subscription plan availed by you and not on the actual investment made by you. Intellistocks shall not be held liable for any discrepancy between the actual return on investment accrued by you and the targeted returns on investment stated in our subscription plan as we calculate the actual returns on investments on the basis of the total investment recommendation communicated to you by us. Upon the achievement of the targeted returns on investment as stated in the subscription plan availed by you as published on our website, Intellistocks shall not be obliged to provide any further investment recommendations even if the term for which the services have been subscribed has not expired. You further understand and acknowledge that if the plan subscribed by you is for assured return on investment, then the duration of the subscription plan is only for indicative purposes. Your services shall be deemed to be terminated upon the achievement of the assured return on investment, irrespective of the period in which such assured returns are achieved. You understand and acknowledge the following: investment recommendations offered by Intellistocks is based upon the research and analysis of the stock market by the investment adviser for which the data is procured from various sources and are susceptible to stock market risks and fluctuations. Investment advisory is subject to market risk. Therefore, Intellistocks shall not be held responsible for deficiency in service in the event the actual return on investment is not achieved as per the assured returns of investment stated under subscription plan. the investment recommendations shall be communicated to you by means of electronic communication. Intellistocks shall not be held liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to human, electronic or mechanical equipment failures, telephone interconnect problems. the investment recommendations that are offered by Intellistocks are dependent upon the behavior of the stock market and the risk involved. Intellistocks does not guarantee periodic or regular investment recommendations. Intellistocks shall endeavor to provide the number of recommendations during your subscription as per the subscription plan availed by you as published on our website, however, Intellistocks shall not be bound and cannot be held liable for not rendering the number of recommendations as per the subscription plan availed. Intellistocks offers you investment recommendations which are calculated as per the financial information provided by you. Therefore, you agree to provide Intellistocks accurate and updated financial information. Intellistocks does not render any legal or tax related advice, nor does it prepare any legal documents.If you wish to seek any advice for any legal or tax implications of the investment recommendations, you may seek the same from a qualified legal counsel, tax attorney or chartered accountant. Intellistocks or its employees may have an investment position or holding in the securities which are the subject matter of the investment recommendations. Intellistocks shall disclose such holding or position before making an investment recommendation regarding the same.
Fees and PaymentYou agree to pay Intellistocks such fees, along with the applicable taxes, for the services as provided under this Terms of Services that shall be applicable upon you as per the subscription plan availed by you as published on our website. You shall pay the fees at the time of registration fees either by way of online transfer, by cheque or by NEFT transfer to the bank account of Intellistocks. Intellistocks shall upon the receipt of payment of the fees shall generate and email you the invoice. Intellistocks shall commence its services after 2 (two) days of sending you the invoice. You also acknowledge and understand that Intellistocks may receive certain commission/fees for recommending the services of a broker/sub-broker or any other intermediary to you, in case the service so recommended are availed by you.
Duration of serviceIntellistocks will render you investment recommendations for the period as stated under the subscription plan availed by you as published on our website of this Terms of Service. Your services shall terminate upon the expiry of the period for which the services have been availed under the subscription plan.
Termination by youDuring the subsistence of period under the subscription plan availed by you, you may terminate the services at any point of time, by sending a termination notice of 2 months by an email to Intellistocks at email@example.com containing the intention to terminate the services along with the reason of such termination. The termination shall be effective after two months from the receipt of the said email, only if this notice is not recalled by you and if eligible, the money back guarantee (as mentioned below) shall trigger. Intellistocks shall not be liable to provide any further investment recommendations after the receipt of the email.
Termination by IntellistocksIntellistocks may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Website by you or by someone using your credentials. Intellistocks may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Intelli shall not be liable to you or any third party for any termination of user’s access to the Website. Further, user agrees not to attempt to use the Website after any such deletion, deactivation or termination.
Termination due to expiry of PeriodUpon the expiry of the period stated under the subscription plan availed by you as published on our website, the obligation of Intellistocks to provide investment recommendations shall automatically terminate. Upon termination due to expiry of Period, your access to your online Intellistocks Account shall at its sole discretion continue for a period of 30 (thirty) days or more from the date of expiry of the period stated in the subscription plan availed as published on our website.
Post termination obligationsUpon termination for cause, your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of these Terms of Service which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Upon the termination for any reason whatsoever, all documents and information received by Intellistocks from you, may be returned to you upon a request being made for the same. Copies of documents, papers and other information may be retained by Intellistocks for its record and for compliance purposes. All information will be held confidential and not disclosed to third parties, except as agreed upon in writing or required by any regulatory authority or against any legal implications.