These Terms of Service were most recently updated on [04.02.2018].
www.intellistocks.com (“Website”) is a web-portal, owned by ‘Rothmans Investment Advisory’, a proprietary concern, owned and operated by its Mrs. Nalini Jindal and her team, holding a valid license as a SEBI Investment Adviser bearing license no.:INA100004798 and having its registered office located at 710, 7th Floor, Galleria Towers, DLF Phase IV, Gurgaon 122002 (hereinafter referred to as “Rothmans”) Subject to all the terms and conditions contained hereunder, the WEBSITE is offered to you for your fair usage
The 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.
Only the persons who are “Competent to contract” within the meaning of the Indian Contract Act, 1872, are eligible to use/avail the advisory Services offered on the Website. As a condition to using some aspects of the Services, you may be required to register on the Website and select a password and user name (“Rothmans Account”). At the time of registration/subscription of services, you agree to provide to Rothmans accurate personal and financial information including but not limited to name, age, email id, mobile number, income details, investment profile, investment objectives, investment purpose etc. You shall provide Rothmans 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. Furthermore, you shall also be required to select a subscription plan as per your requirement, as published on the Website, the details of which shall also be mailed to you. You shall not (i) select or use the Rothmans Account of another person with the intent to impersonate that person; or (ii) use the Rothmans Account as a name subject to any rights of a person other than you without appropriate authorization. In such case Rothmans reserves the right to refuse registration of or cancel a Rothmans 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.
DESCRIPTION OF SERVICES
The 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.
Upon your registration and subject to the payment of fees (as provided herein below), Rothmans shall conduct your KYC as mandated by SEBI under Uniform Know Your Client (KYC) Requirements for the Securities Markets dated October 5, 2011. In case of any discrepancy under the KYC process, Rothmans shall be entitled to terminate your Services and refund the fees (net of taxes and service processing fee paid by you. We comply with SEBI Guidelines under Anti Money Laundering and Combating Financing of Terrorism (AML and CFT) for prevention of Money Laundering Activity and Combating Financing of Terrorism and comply with customer acceptance policies and procedures, Undertake customer due diligence (“CDD”) of the customer which are sensitive to the risk of money laundering and terrorist financing;
Rothmans shall analyze the financial information, investment profile, investment objectives, investment purpose provided by you and based upon the analysis Rothmans shall prepare your risk profile and communicate the same to you through your Rothmans Account and/or e-mail. You understand and acknowledge that Rothmans may request for certain additional information as may be required by Rothmans to prepare your risk profile. Based upon the risk profiling, Rothmans 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 at the time of registration, the details of which are available on the Website. In order to ensure that you receive the maximum benefits from the services of Rothmans, Rothmans may recommend you to change your subscription plan, depending upon your risk profiling ascertained by Rothmans. 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 Rothmans only offers you with investment advise but does not execute 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 Rothmans and may buy/sell the securities recommendedas per the suitability of investment product. However, Rothmans shall consider all the investment recommendations provided by it for the purpose of calculating the returns on investment as per your total investment recommendations that were offered to you throughout the subscription period and not on the actual investment made by you as Rothmans is a mere investment adviser and implementation based on the advice is your prerogative. 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.
All investment recommendations will be communicated to you either via SMS, e-mail or both as well as your Rothmans 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. You understand and acknowledge that in order to receive maximum benefits of the investment advise provided to you by Rothmans, 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 maximum achievable 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, Rothmans may recommend you a broker/sub-broker or any other intermediary either on the Website and/or via SMS/email 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 Rothmans may receive certain commission or fees from the broker/sub-broker for recommending its services to you. Nevertheless, Rothmans shall disclose to you the commission that it may receive from the broker/sub-broker at the time of recommending the services of such broker/sub-broker. In any case, Rothmans shall not be held liable for any act or omission on the part of the broker or sub-broker so recommended that may cause any loss to you.
Rothmans 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 Rothmans Account. Rothmans shall send you via email the log/ tracksheet of the recommendations made to you during the subscription period 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 Rothmans 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.
You understand and acknowledge the following:
The investments recommendations shall be calculated in terms of the percentage of your total investment portfolio that has been stated under the subscription plan that you may invest in order to incur the maximum possible returns under the recommendations.
The Investment recommendations shall be communicated to you by means of electronic communication. Rothmans 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.
Rothmans does not guarantee periodic or regular investment recommendations. However, Rothmans shall endeavor to provide the number of recommendations during your subscription as per the subscription plan availed by you.
Rothmans 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.
Rothmans or its employees may have an investment position or holding in the securities which are the subject matter of the investment recommendations. Rothmans shall disclose such holding or position before making an investment recommendation regarding the same.
FEES AND PAYMENT
You agree to pay Rothmans 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. You shall pay the fees at the time of registration/subscription of services either by way of online transfer, by cheque or by NEFT transfer to the bank account of Rothmans. Rothmans shall upon the receipt of payment of the fees shall generate and email you the invoice.
You also acknowledge and understand that Rothmans 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 SERVICE
Rothmans will render you investment recommendations for the period as stated under the subscription plan availed by you.
Rothmans may terminate and/or suspend your registration/subscription of services immediately, without notice, if there has been a violation of these Terms of Service, Proposal or other policies and terms posted on the Website by you or by someone using your credentials. Rothmans may also cancel or suspend your registration for any other reason, including not furnishing of KYC documents, information required under regulatory norms or inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Rothmans shall not be liable to you or any third party for any termination of user’s access to the Website & advisory services. Further, user agrees not to attempt to use the Website after any such deletion, deactivation or termination.
In the event the registration of Rothmans as an investment advisor is cancelled for any reason, including but not limited to voluntary surrender of registration, expulsion, death etc, the services shall automatically be terminated immediately.
Termination due to expiry of Period
Upon the expiry of the period stated under the subscription plan availed by you,, the obligation of Rothmans to provide investment recommendations shall automatically terminate. Upon termination due to expiry of Period, your access to your online Rothmans Account shall continue for a period of 30 (thirty) days from the date of expiry of the period stated in the subscription plan.
POST TERMINATION OBLIGATIONS
Upon 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 Rothmans 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 Rothmans 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.
CANCELLATION AND REFUND POLICY
If you are not satisfied with the services of Rothmans Investment Advisory, you can cancel your subscription plan any time during the subscription period from the date of service activation by sending an email to email@example.com. We respect your right to stop using our service and we will refund the amount (exclusive of taxes and Account set-up and Subscription Processing fee). Refundable Amount will be credited in your bank account within 15 working days from the date of the acceptance of your subscription cancellation request.
Refundable Amount will be credited in your bank account within 15 working days from the date of the acceptance of your subscription cancellation request.
The refund will be made through the same mode of payment through which you paid.
Refund shall be made after deduction of one-time account set up and subscription processing fee of 40% from subscription plan charges. Set up & subscription processing fee includes Subscription activation charges towards Product Guidance & Analysis, Setting up of Subscription Account, KYC Charges, Risk Assessment & Profiling, Preparation of Investment plan, Onboarding Charges, Payment Gateway Charges etc.
Subscription processing fee is One Time Charges payable by the client to initiate and activate Advisor Services and shall not be paid by the Customer at the time of renewal of subscription.
As a SEBI Registered Investment Advisor, we ensure that KYC of each client dealing in Security Market is completed and/or Registered with KRA (KYC Registration Agency) and Client shall not be entitled for any refund in event of failure to submit KYC document and/or not furnish such other information/details as required under the regulatory requirement by SEBI Registered Investment Advisors. Any time during the subscription period client shall not be liable for refund of fee wherein services started with specialrequ est on temporary basis, subject to acceptance of term of service and failed to furnish such details as required under the regulatory norms by the Investment Advisor on periodic basis.
Rothmans Investment Advisory may at any time, without notice to you and in its sole discretion, amend this policy from time to time. Please review this policy periodically. Your continued use of the “Rothmans Investment Advisory” services after any such amendments signifies your acceptance thereof.
You hereby agree to be bound by this Terms of Service by using the Website, whether such usage is for the purpose of any service or not;
You are hereby authorized to use the Website for lawful purposes or for the purposes as mentioned under Rothmans’ general usage policies only;
Any violation to the policy will lead to strict legal action to be taken against you in terms of the policies and applicable laws;
Rothmans strives to provide accurate services and make accurate investment recommendations as per the prices retrieved from the stock exchange market. In the event that an investment recommendation is offered at an incorrect price, or due to an error in the interface of the stock exchange, Rothmans may contact you to stop you from executing the investment recommendation, to avoid any loss to be caused to you.
Rothmans may require additional information and verifications for the compliance of the Know Your Client procedure under the Regulations, for which it may contact you at any point during the subsistence of this Terms of Service.
Rothmans reserves the right to amend these Terms of Service from time to time. In the event, any amendments are made to these Terms of Service, we will notify you via email or a sign-in notification or some other means). By continuing to use the Service after those changes become effective, you are agreeing to be bound by the revised Terms of Service; if you do not agree to the change, do not use the Service after the change is effective, in which case the change will not apply to you.
Rothmans Investment Advisory is a proprietary concern, owned and operated by Nalini Jindal, a SEBI registered investment advisor. Rothmans shall abide by the SEBI (Investment Adviser) Regulations, 2013 in its dealing with you at all times. It shall carry out all responsibilities under the Regulations and shall follow the code of conduct as prescribed by the Regulations in all its dealing and transaction with you.
AVAILABILITY OF THE WEBSITE, SECURITY & ACCURACY
The Website uses internet and internet usage costs apply solely to you. Rothmans makes no warranty that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions which may cause temporary interruptions.
Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason. If we impose restrictions on you personally, you must not attempt to use the Website under any other name or user or on any other mobile device.
We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using the Website. We shall also not be liable for the actions of third parties.
Rothmans makes no representation or warranty, express or implied, that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with services.
The Website is independent of any platform on which it is located. The Website is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
You must comply with any applicable third party terms of agreement when using the (e.g. you must ensure that your use of the Website on any deviceis not in violation of your device agreement or any data service agreement
OWNERSHIP OF RIGHTS
Rothmans Investment Advisory and its affiliate(s) owns all Intellectual Property Rights to and into the trademark “Rothmans” AND “www.intellistocks.com”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to the Rothmans without proper authorization.
Rothmans gives you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the services. You may print, download, and store information from the Website for your own convenience, but you may not distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Rothmans and its affiliates do not grant you any express or implied rights, and all rights in the Website and the services not expressly granted by Rothmans to you are retained by Rothmans.
All components of the Website are protected by intellectual property laws and are the property of Rothmans. You shall not acquire any rights, including rights in or to any software, trademarks or components of the Website, by using the Website. Copyright notices and trademarks may not be changed or removed. Components of the Website may not be reproduced in whole or in part in any manner or form (including electronic or printed form) without our prior written consent and unless full acknowledgement of the source is provided.
Rothmans and you acknowledge that, in the event of any third party claim that the Website or your use of the Website infringes that third party’s intellectual property rights, we, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.
DISCLAIMER OF WARRANTIES
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ROTHMANS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE USE OF THE WEBSITE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE WEBSITE. WE HAVE NO DUTY TO UPDATE OR MODIFY THE WEBSITE AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO.
>Rothmans disclaims all warranties or conditions, whether expressed or implied. Rothmans shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the Website. This Terms of Service and any contractual obligation between Rothmans and any user/service recipient will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Gurgaon, Haryana. You agree to defend, indemnify and hold harmless Rothmans, its employees, agents and its 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 user’s actions or inactions, which may result in any loss or liability to the Rothmans 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 user’s obligations under this Terms of Service or arising out of the user’s 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
LIMITATION OF LIABILITY
IN NO EVENT SHALL ROTHMANS INVESTMENT ADVISORY, ITS EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS TERMS OF SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ROTHMANS INVESTMENT ADVISORY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ELECTRONIC CONTRACTING AND NOTICES
Your affirmative act of using this Website, and/or registering for the Website constitutes your electronic signature to these Terms of Service and also your consent to enter into agreements with the Rothmans electronically
HEADINGS: Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. You and Rothmans agree there are no third party beneficiaries intended under this Agreement.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at 1800 2121 464 or firstname.lastname@example.org You acknowledge that you have read this Terms of Services and agree to all its terms and conditions. You have independently evaluated the desirability and consequences of availing the Services on the website of Rothmans Investment Advisory and are not relying on any representation, guarantee or statements other than as set out on www.intellistocks.com