Terms and Conditions

 

This Agreement sets forth the Terms & Conditions that apply to your access and use of this website www.tamiltrade.net (“site”, “website” or “platform) which is owned, operated and maintained by Ms Dheivamani, in an individual capacity. All information, content, tools, features and functionality (together the “Services”) located on this website constitute an “invitation to offer” and applies to you, whether you are a “Visitor” (which means that you simply browse the said website) or you are a “Member” (which means that you are a registered customer or subscriber of our services). The term “You” or “User” refers to a Visitor or a Member. The term “We”, “Us”, “Our” and “Team TamilTrade” refers to our website. In using our services or accessing our site you agree to be bound by this agreement as well as any of its amendments from time to time in the future and you are deemed to have accepted the terms and conditions listed below and you represent that you have the capacity to be bound by it.

You hereby agree and confirm that;

• We hereby reserve the right to defer / cancel any service without providing any reason. This will be regardless of whether the payment has been confirmed / received. Rescheduled dates of the service will be informed by email.

• The user agrees to give the correct information which is true and authentic. We reserve the right to confirm the information provided by the user. We also reserve the right to disallow any user to use our services / access to website and may reject / cancel the subscription to our services without providing any reason whatsoever.

• We will not be held liable for any credit card / any Banking related fraud that occurs on our website. Users have to use only their credit / debit card when they make their payments. The liability of using a fraudulent credit / debit card lies on the user and the responsibility to establish otherwise shall exclusively be the users.

• We will not be responsible for any delay of the service days due to flood, fire, wars, network down, act of God, or due to any other reasons that are beyond our control.

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TERMS OF THE SERVICES REGARDING SETTING UP OF TRADING SYSTEMS

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All instructions in relation to the services shall be issued to / by the Member through the website or, Customer Care Number or, submission of physical request forms or email by team Systematic Solutions or in any other manner as may be specified by us from time to time. The Member agrees and acknowledges that any instruction given or purported to be given to / by him / her is at his / her own risk and ;

• We, are only providing the software platform for implementation of the same,

• We may at our discretion not carry out any setups where we have reasons to believe that the instructions are not genuine or are otherwise improper or unclear or raise a doubt,

• We shall not be liable if any instructions are not carried out for any of the reasons stated herein.

All records / logs generated from www.tamiltrade.net, by the transactions arising out of use of our services, shall be conclusive proof of the genuineness, accuracy and time of submission of the instructions / recommendations.

 

CARD DETAILS

 

You agree, understand and confirm that the credit card details provided by you for availing of our services through our website www.tamiltrade.net will be correct and accurate and you shall not use the credit / debit card which is not lawfully owned by you, i.e. in a credit / debit card transaction, you must use your own card. You further agree and undertake to provide the correct and valid card details to our website. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any card related fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.

 

FRAUDULENT /DECLINED TRANSACTIONS

 

We reserve the right to recover the cost of service charges and lawyers’ fees from persons using the site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

 

ELECTRONIC COMMUNICATIONS

 

When you visit our site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

INTELLECTUAL PROPERTY RIGHTS

 

The contents of our platform i.e. www.tamiltrade.net, including its graphic user interface and design (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html- based computer programs) are property of               M/s. Systematic Solutions. The contents of this site, data or its software belong to us or content suppliers. We grant you the right to view and use our services subject to these terms. Any distribution, reprint or electronic reproduction of any content from our site in whole or in part for any other purpose is expressly prohibited. The user acknowledges that the software underlying the Website as well as other interfaced software which are required for accessing our website or services is the legal property of the M/s. Systematic Solutions and / or its vendors or contractors. The terms underlying this agreement will not convey any proprietary or ownership rights in the above software. The user agrees that he / she shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying the Website or create any derivative product based on the software. The user further agrees not to use the name, logo or mark of www.tamiltrade.net or its parent company M/s. Systematic Solutions and any related patent, trademarks and service marks applications, design rights, copyrights, and all or any similar or equivalent rights arising or subsisting in any country in the world.

 

TERMINATION/UN-REGISTRATION OF SERVICES

• The Member may choose to terminate/un-register our services by submission of written request for the same.

• Subscription to our services is no transferable. The member is not authorised to transfer his / her subscription to any other party.

• We may, at our discretion, withdraw temporarily or terminate the services, either wholly or in part, at any time without giving prior notice to the member.

• We may, without prior notice, suspend the services at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the suspension of the services.

• We shall endeavour to give a reasonable notice for withdrawal or termination of the services.

• The closure of the account of the Member will automatically terminate the services.

• We may suspend or terminate the services without prior notice if the Member has breached these terms and conditions or death, bankruptcy or lack of legal incapacity of the Member or in case there is any change of beneficiary in the account holders. In such events the services may be restarted by following the process and submission of such documents as specified by us in this regard.

 

ONLINE AND MOBILE ALERTS

We may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to member’s account, such as a change in your registration information. Voluntary account alerts may be turned on by default as part of the service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Electronic alerts will be sent to the email address you have provided as your primary email address to us. If your email address or your mobile number changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile number that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your account Login ID and some information about your accounts. Depending upon which alerts you select, relevant financial information may be included. Anyone with access to your email or have access to your mobile will be able to view the content of these alerts. At any time you may disable future alerts.

You understand and agree that any alerts (whether sms, email, phone or otherwise) provided to you through the service may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

 

INDEMNITY

You shall defend, indemnify and hold harmless to us and our management, officers, employees and agents, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

You agree to defend, indemnify and hold harmless to us and our management, officers, employees, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us, any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

In consideration of providing the our services, the Member, at his / her own expense, agrees to indemnify, defend and hold harmless to us and our management, officers, employees and agents, as the case may be, against all losses, damages, expenses, actions, claims, demands and proceedings whatsoever, that members may incur, sustain, suffer or be put to at any time as a consequence of acting on or omitting or refusing to act on any instructions given by the us or otherwise for use of the services.

 

DISCLAIMER OF RECOMMENDATIONS, REPRESENTATIONS AND WARRANTIES

Our platform, www.tamiltrade.net, is a tool to help you analyse the stock / financial markets. It helps you make informed trading and investment decisions. Please do your own due diligences before you make any Trading and Investment decisions, we provide analysis on various established technical parameters. You agree to understand that these parameters do not provide you with absolute decision making. In lot of cases, these indicators give wrong advice. We, by no means discriminate against stocks of any company. Please note that tips /stock suggestions given in the site / forum are individual’s opinion.

Technical analysis can predict future prices of financial instruments only with certain level of accuracy. Therefore, before taking any financial decision, you are requested to consult with a financial expert. While we have taken good care on quality and accuracy of the data but it may contain typographic error and inaccuracies and we expressly disclaim liability for any errors on the site. We do not guarantee of continual of any content on the website. We may at our own discretion change or alter contents. We will not be held responsible or liable for any actions taken, losses or profits incurred, emotional or otherwise stress caused as a result of trading. Data and interpretation is provided for the purpose of information & helping users understand various financial products like Stocks.

We use own technology to achieve the purpose of simplification using grading and rating techniques. The images, graphics, terminologies if any including but not limited to labels are for communication purpose only and they should not be construed as investment or trading advice.

Investing or trading in Stocks & Mutual Funds is inherently risky and you agree to assume complete and full responsibility for the outcomes of all trading decisions that you make, including but not limited to loss of capital. Algorithmic / Automated trading system / solutions related financial products currently being offered or proposed to be offered in future by us also involve risks and may not be suitable for everyone.

All comments, posts & opinions made by us and the user community on our website or other platform including any social media are for information purposes only and under no circumstances should be used for actual trading or investing. Under no circumstances should any person at this site make trading decisions based solely on the information displayed herein. By using our platform, you agree to consult with your financial advisor, prior to making any trading decision of any kind. Past performance results have certain inherent limitations & hence it is advisable to consult your registered Trading System / Financial advisor. Systematic Solutions, its management, officers, and/or their employees take no responsibility for the veracity, validity and the correctness of the information, grades, ratings, news, announcements or other research.

Although we attempt to research thoroughly on information provided herein, there are no guarantees in accuracy. The information presented on the site has been gathered from various sources believed to be providing correct information. Neither Systematic Solutions nor any of its data or content providers shall be liable for any errors or for any actions taken in reliance thereon.

We are not a registered broker-dealer and does not endorse or recommend the services of any brokerage company. The brokerage company you select is solely responsible for its services to you, the user. We shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of the brokerage company (commissions, fees & slippage). We have taken due care and caution in compilation of the data provided herein. The data has been obtained by us from sources, which it considers reliable. However, we do not guarantee the accuracy, adequacy or completeness of any data and is not responsible for any errors or omissions or for the results obtained from the use of such data. We especially state that we have no financial liability whatsoever to the users / subscribers / customers / of this data. We or any of our management / officer / employees/ representatives does not accept any liability for any direct or consequential loss arising from the use of the data contained herein.

The content and all services and products associated with us or our platform are provided to you on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the content or operation of our website or of the service. You expressly agree that your use of our services is at your sole risk.

We make no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on our website or our services (whether or not sponsored), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose.

We makes no representation, warranty or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.

 

LIABILITY DISCLAIMER

The Member / Customer agree that we shall not be liable if:

• The Member has breached any of the terms and conditions, contained herein or

• The Member has contributed to or the loss is a result of failure on part of the Member to advise us within a reasonable time about unauthorized access of or erroneous transactions by use of our platform.

• We shall endeavour to provide the Algorithmic /  Automated Trading system / Solutions on a best effort basis and the Member shall not hold us liable for non-availability of the services or non-performance by service providers / vendors, if any, engaged by us or any loss or damage caused to the Member as a result of use of our platform for causes which are not attributable to us. We shall not be liable in any manner to the Member in connection with the use of our platform. Without limitation to the other provisions of this terms and conditions, We or any of our  management, officers, employees, agent, vendors or contractors, shall not be liable for and in respect of any loss or damage whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Member or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error in our platform in receiving and processing any instruction or any failure, delay, interruption, suspension, restriction, or error in our platform and/or any third party who provides such services as is necessary to provide the services. Notwithstanding anything in the contrary provided in this terms and conditions.

• The Member agrees that we may hold and process his personal information concerning his account on computer or otherwise in connection with the Algorithmic /  Automated Trading system / Solutions & analyse the information to improve its Trading System/algorithms, marketing efforts & enhance the overall service levels & offerings. The Member also agrees that we may disclose, in strict confidence, to other institutions, such information as may be reasonably necessary for reasons of fraud prevention, for complying with legal directive, statutory reporting, etc. as per regulations of Government of India, SEBI, NSE, BSE, MCX and all concerned authorities.

We shall not be liable for:

• acting in good faith on any instructions received by our platform from or on behalf of the member in relation to the Algorithmic /  Automated Trading system / Solutions;

• error, default, delay or inability of our platform to act on all or any of the instructions given by the member

• Loss of any information/instructions in transmission;

• Unauthorized access by any other person to any information /instructions given by the member or breach of confidentiality;

 

DISCLAIMER FOR TRADING ANALYSIS PRODUCTS

The Member acknowledges the risk factors & agrees to have understood the following –

All securities or strategies analysed though Algorithmic /  Automated Trading system / Solutions, are subject to market risks and there can be no assurance that the user’s objectives will be achieved and the value of the securities may go up or down depending upon the factors and forces affecting the securities market. Past performance of the Securities Markets do not indicate the future performance of the Securities of any Exchange/Markets.

There is no assurance or guarantee to users nor are they offered any guaranteed / assured returns. The value of the securities may be affected, inter-alia by changes in the interest rates, trading volumes in relevant Stock Exchanges, settlement periods, transfer procedures and performance of individual securities and inter-alia be exposed to Price / Interest Rate Risk and Credit Risk.

 

ACCURACY OF INFORMATION

The Member undertakes to provide accurate and complete information wherever required and shall be solely responsible for the correctness and completeness of information provided by him to us or to our platform at all times, including, but not limited to, the instructions for the purposes of availing of the Algorithmic /  Automated Trading system / Solutions Services. We shall not be liable for consequences arising out of erroneous information supplied by the Member. If the Member suspects that there is an error in the information supplied by our platform to him, he/she shall inform to us as soon as possible. We will endeavour to correct the error wherever possible on a best effort basis. While we will take all reasonable steps to ensure the accuracy of the information supplied to the Member, we shall not be liable against any loss, damages, etc. for any inadvertent error, which results in the providing of inaccurate information.

 

LIMITATIONS OF SERVICE & DISCLAIMER

The Member / Customer acknowledges & agrees to the following –

It is also clarified that it is we endeavour to offer complete suite of facilities & features on our Website for all the needs of Member. However, all the facilities may not be made available to begin with & the services or options that aren’t available today may be made available in future. By choosing us or our services, the Member acknowledges that he / she is aware of these limitations. Depending on future roadmap & our own plans, we will strive towards making our service as comprehensive as possible in not-so-distant future.

Alteration to pricing, if any, we offer multiple suites of services to our Member. It is specifically informed to the Customer that we shall have the discretion to alter the pricing structure, if & as it may deem fit in future and may at our sole discretion, revise the fees for use of any or all of the services, by notifying the member of such revision through the website or in any manner as may be specified by us from time to time. The Member shall be required to refer to the schedule of fees put up on our Website from time to time.

 

TERMINATION OF THIS AGREEMENT

We may at any time, terminate its legal agreement with you:

• If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);

• If we in our sole discretion believe it is required to do so by law Modifications of this Agreement we may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our site. We shall have the absolute discretion to amend or supplement any of the Terms and Conditions, features and benefits in relation to the Services. We shall communicate the amended Terms and Conditions by hosting the same on our Website only. The Member / Visitor shall be responsible for regularly reviewing these Terms and Conditions, including amendments thereto as may be posted on the Website and shall be deemed to have accepted the amended Terms and Conditions by choosing to continue the use the Algorithmic /  Automated Trading system / Solutions /Services. Any change in the Terms and Conditions shall be communicated to the Member, in the manner as aforesaid, within reasonable time period before the date of their implementation. You are deemed to accept and agree to be bound by any changes to the Agreement when you use of our services after those changes are posted.

 

GOVERNING LAW AND JURISDICTION

This User Agreement shall be construed in accordance with the applicable laws of India. The courts at Trichy shall have exclusive jurisdiction in any proceedings arising out of, under or in relation to this agreement with us, or its officers, management, employees, investors, agents or affiliates. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by us and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Trichy, The High Court of judicature at Madurai alone shall have the jurisdiction and the Laws of India shall apply. You understand that, in return for agreement to this provision, we are able to offer the service at the terms designated, with or without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

 

MISCELLANEOUS

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

 

LIMITATIONS ON LIABILITY

We shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your access to our platform www.tamiltrade.net, your use of our services or this agreement, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in this agreement, our liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to ‘NIL’.

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