INTELLISTOCKS TERMS OF SERVICES
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.
By using our services, you are agreeing to be bound by the following terms and conditions. We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at www.intellistocks.com, will govern our relationship with you. Your continued use of our services means that you accept any new or modified terms and conditions that we come up with.
This document contains terms & condition( hereinafter referred as “terms” or “terms and conditions” or “agreement” or ‘TOS”) of your subscription for investment advisory services with Rothmans Investment Advisory, brand owner of Intellistocks or www.intellistocks.com(hereinafter referred as “Rothmans” or “We” or ”Us” or “Our” which expression shall, unless repugnant to the context or the meaning thereof, means and includes, its heirs, executors, administrators, representatives, successors and assigns).
The term ‘Client’ ‘Your’ or ‘You’ or “user” or service recipient” refers to the user, any subscriber of Rothmans Investment Advisor or Intellistocks, be it paid/free and/or services recipient of Rothmans Investment Advisory after acceptance of terms and conditions
(Rothmans and Client shall hereinafter be individually referred to as “Party” and collectively as “Parties”, as the context may require.)
www.intellistocks.com (“Website”) is a web-portal, used and operated in India by ‘Rothmans Investment Advisory’, and you shall be abide with terms for use of website and subject to all the terms and conditions contained hereunder in the terms of services, the Website is offered to you for your fair usage.
- “Base Capital”shall mean the amount of capital that the you intend to invest in Securities and receive investment recommendations about from Rothmans, as specified in Subscription plan or amended from time to time;
- “Regulation” shall mean SEBI (Investment Advisers) Regulations, 2013 including amendments thereto from time to time;
- “Services” shall mean and include investment advisory services and such other ancillary services rendered by Rothmans to the client. It shall include, without limitation, use of our advisory 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.
- “Securities” shall mean as defined under the Securities (Contract) Regulation Act, 1956, mutual funds, individual securities, ETF, fixed income bonds, derivatives, commodities, international stocks markets, etc
- “Website” shall mean www.intellistocks.com or any app, computer interface owned by Rothmans or its Affiliates.
As a condition to using some aspects of the Services, you may be required to register with Rothmans (“Intellistocks Account”). At the time of registration, you agree to provide to Rothmans accurate complete, and updated and financial information including but not limited to name, age, email id, mobile number, income details, investment profile, investment objectives, investment purpose, KYC details & documents etc. Failure to do so shall constitute a breach of Terms of Services, which may result in immediate termination of your Services. Furthermore, you may 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. The terms and conditions of the subscription plan selected by you shall be duly incorporated in this Terms of Service and shall be read as part and parcel of this Terms of Service. 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. In such case Rothmans reserves the right to refuse registration of or cancel an “Intellistocks Account” in its discretion. You are responsible for all activity on your account, whether or not you authorize it.
5. 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, if any as per subscription plan, Rothmans shall conduct your KYC/E-KYC as mandated by SEBI under Uniform Know Your Client (KYC) Requirements for the Securities Markets dated October 5, 2011 and you shall disclose all such other details as prescribed under SEBI Circular dated December 31, 2010 & March 12, 2014 including any subsequent circular for acceptance & identification of clients prescribed under Prevention of Money Laundering Act 2002. In case of any discrepancy, under the KYC/E-KYC process, Rothmans shall be entitled to terminate your Services.
- Rothmans shall analyze the financial information, investment profile, investment objectives, investment purpose provided by you. 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 advice 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 i.e. “www.intellistocks.com”. In order to ensure that you receive the maximum benefits from the services of Rothmans Investment Advisory, we may recommend you to change your subscription plan, depending upon your risk profiling ascertained by us. 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 advice 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 recommended. You understand and acknowledge that in order to receive maximum benefits of the investment advice 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.
- All investment recommendations will be communicated to you either via SMS, e-mail or both. 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, we may recommend you a broker/sub-broker or any other intermediary 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 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 render investment recommendations to enable you to achieve the maximum achievable returns on investment as stated under the subscription plan availed by you. The return on investment is mere projection of the profit which you desire to achieve, by availing the services under this Terms of Service. Rothmans 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 that you have acted upon our investment advice.
- Rothmansadvises on invests in fundamentally strong companies, and have a robust exit plan at all times to protect its capital from any major damage.
- You understand and acknowledge the following:
- a) Investments in securities are subject to market risks, which includes price fluctuation risk. There is no assurance or guarantee that the objectives of any of the products mentioned in this document or on this site will be achieved.
- b) Past performance may not be indicative of future results. Therefore, no current or prospective client should assume that the future performance of any specific investment, investment strategy, or product made reference to directly or indirectly on this website, or indirectly via link to any unaffiliated third-party website, will be profitable. Although we have made an effort to closely match performance results shown to that of the Model Portfolio over time, it is possible that an actual investor’s portfolio would have performed better or worse than the comparable blend of indices. Actual individual investor performance has and will vary depending on the time of the initial investment, amount and frequency of contributions, portfolio rebalancing, dividend reinvestments, fees and taxes. All information presented is compiled from sources believed to be reliable and current, but accuracy cannot be guaranteed. Additionally, this data illustrates past performance of the Model Portfolio and is not necessarily indicative of future results
- c) Rothmans undertakes project returns based on various assumptions. However, they do not guaranty any sort of profits or provide any fixed return.
- d) The investment 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 incur the maximum achievable returns under the recommendations.
- e) 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.
- f) 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.
- g) 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.
- h) 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.
- i) Rothmans gives no assurance on the worst loss you may suffer. However, based on the back-tests performed over decades of data you should not suffer a drop of more than 30-40% of your portfolio. We have built-in adequate capital protection measures into the strategies and that should protect you and reduce that loss. In the event of a down turn in equity investments, it may take some time to come out of downward trajectory.
- j) Rothmans as goodwill gesture, may continue to provide you a free service period, in case your Net Asset Value (NAV) depreciates below the actual capital invested at the end of the subscription period. This free advisory service will be automatically terminated once your account achieves the original amount. You will also have an option of renewal at the prevailing terms of services at that point of time.
- k) We will not compensate or be held liable for any loss occurred by the investor due to our advisory. However, we follow high watermarking formula, hence if your account accrues a loss we will keep on providing you service until your account comes back into green.
- i) As with any investment in securities, value of the Your Portfolio can go up or down depending on the factors and forces affecting the capital market. Rothmans is neither responsible nor liable for any loss resulting from the operations of the Portfolios.
- m) Investments in equity and equity related securities involve high degree of risks and the Clients should not place funds to invest unless they can afford to take the risk on their investment.
- n) There could be data loss due to website server failure, hacking attack, phishing attempt etc. The company shall not be responsible in such an event.
- o) There could be communication delays or complete stoppage of services due to factors which are beyond company’s control for example: acts of god, network failure, electricity failure, strikes etc. Alpha Invesco Research Services Limited and its constituents shall not be responsible for any damage or losses incurred upon such an event.
6. Fees and Payment Mode
- You agree to pay such fees, along with the applicable taxes & processing fee, if any, that shall be applicable upon you as per the subscription plan availed for the services of Rothmans under this Terms of Services.
- “Fees”, more particularly defined in the Subscription Plan along with the taxes applicable on such Fees. You may pay the Fees either by way of online transfer, by cheque or NEFT transfer to the bank account of Rothmans, as may be informed.
7. Execution of Terms of Services & Subscription Plan
- Your services shall only commence after completion of KYC/E-KYC and thereafter execution of Terms & Conditions for advisory services and will be governed by commercials as stated in your Subscription Plan.
- Terms of Services and Subscription Plan shall be signed by you electronically using digital signature as Specified under Section 3A (i) of Information Technology Act 2000, or by using e-sign online electronic signature services i.e. Electronic Signature that combine an Aadhar identity number with an electronic Know-your-customer (ekyc) method (such as a onetime pass code) before the commencement of the Services. if you do not have digital signature, you may also sign the Terms of Services and Subscription Plan manually with ink signature and provide the signed copies for further perusal at our part.
- 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.
8. Duration of Service
Rothmans will render investment recommendations for the period as stated under the subscription plan availed by you.
- 9.1 Termination by you
During the subsistence of period under the subscription plan availed by you, you may terminate the services at any point of time subject to payment of all outstanding against the invoices raised to you, by sending a termination notice of 2 months by an email to Rothmans Investment Advisory 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.
- 9.2 Termination by Rothmans Investment Advisory
Rothmans may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or Proposal, Subscription Plan 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 inactivity for an extended period or fails to provide information relating to KYC, Risk Assessment & Risk Profiling, or any other information required under regulatory norms from time to time 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.
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.
- 9.3 Termination due to expiry of Period
Upon the expiry of the period stated under the subscription plan availed by you, our obligation to provide investment recommendations will be automatically terminated. Upon termination due to expiry of Period, your access to your online “Intellistocks Account” shall continue for a period of 30 (thirty) days from the date of expiry of the period stated in the subscription plan.
10. 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.
- You hereby agree to be bound by this Terms of Service by using the website or our services, whether such usage is for the purpose of any service or not;
- You are hereby authorized to use the website and our services for lawful purposes or for the purposes as mentioned under Intellistocks’ 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, we 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 we may contact you at any point during the subsistence of this Terms of Service.
- Rothmans shall reserve 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 Investment Advisory 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.
- Each Party may be given access to Confidential Information from the other party in order to perform its obligations under this Terms of Services. A Party’s Confidential Information shall not be deemed to include information that: (a) is or becomes publicly known other than through any act or omission of the receiving Party; (b) was in the other Party’s lawful possession before the disclosure; (c) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
- Parties shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party. The use of the other’s Confidential Information shall only be for the purpose of implementation of Terms of Services.
- Parties shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of services.
- Neither Party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party, except when such disclosure is caused due to the negligence or wilful misconduct of the other Party.
- This clause shall survive termination of this Agreement, however arising.
13. 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.
- 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 device is not in violation of your device agreement or any data service agreement
14. Ownership of Rights
- Rothmans Investment Advisory and its affiliate(s) owns all Intellectual Property Rights to and into the trademark “Rothmans”, “Intellistocks” 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 Rothmans Investment Advisory and its affiliates 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 Investment Advisory 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 Investment Advisory and its affiliates. 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.
16. Refund and Cancellation Policy
Fees & charges, once paid are not refundable nor can be cancelled.
17. Redress Policy
Any complaints, abuse or concerns with regards to the processing of information provided by you or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to grievance to help@intellistockscom.
18. 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 INVESTMENT ADVISORY 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 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.
20. 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.
21. Electronic Contracting and Notices
Your affirmative act of using our services, and/or accepting these terms and conditions via email constitutes your electronic signature to these Terms of Service and also your consent to enter into agreements with the Rothmans electronically.
- WAIVER: The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- FORCE MAJEURE: Under no circumstances shall Rothmans be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control; including, without limitation, internet failures, computer equipment failures, payment processor failure, telecommunication equipment failures, and any other equipment failures; electrical power failures, strikes, riots, insurrections, civil disturbances, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of, or fluctuations in heat, light, or air conditioning.
- SERVERABILITY: If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable.
- ASSIGNABILITY: These Terms of Service is not assignable, transferable or sub-licensable by you except with Rothmans’ prior written consent and any such attempted assignment shall be void.
- ENTIRE AGREEMENT: Both parties agree that these Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
- RELATIONSHIP: No agency, partnership, joint venture, or employment is created as a result of this Agreement or Terms of Services and you do not have any authority of any kind to bind Rothmans in any respect whatsoever.
- 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.
- BENEFICIARIES: You and Rothmans agree that there are no third-party beneficiaries intended under this Agreement.
- GOVERNING LAW
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Delhi.
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 have read & understood the Terms of Services as enumerated above to subscribe the advisory Services from Rothmans Investment Advisory and are not relying on any representation, guarantee or statements other than as set out on www.intellistocks.com.