Last modification date: 13th June, 2021
Unfinance (hereinafter referred to as Unfinance )operates the website at https://www.unfinance.co (“Site”). This User Agreement (“Agreement”) sets forth the legally binding terms and conditions for your access to and use of the Unfinance Mobile Application (“App”) offered by M/s Unfinance (“Unfinance”/“we”/“us”/“our”). The Users (“you”/“your”) shall refer to any natural person or entity and its authorized users that registers on, subscribes to or uses the App.
By using the App, you are agreeing to be legally bound by this Agreement. You further represent and warrant that you have the right, authority and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). Unfinance may change the terms and conditions of this Agreement at any time, with or without prior notice. Your continued use of the App means that you accept any new or modified terms and conditions that Unfinance comes up with. Please re-visit the ‘User Agreement’ link on the App from time to time to stay abreast of any changes that Unfinance may introduce.
USING THE APP
- You can download and install the App from Google Play/App Store. You will also download and update the relevant latest versions of the App and any relevant updates provided by us to avail continued access to the App.
- You will use the App only for such purposes as is permitted by (a) this Agreement; and (b) any law, regulation or generally accepted practices and guidelines applicable in the country of which you are a citizen, in which you are a resident or where you use the App, as the case may be.
- By registering on the App, you certify that all information you provide, now or in the future, is accurate.
- By registering on the App, you agree to receive periodic SMS alerts and/or periodic newsletters through SMS, e-mail and/or social media accounts.
- If you do not login on the App for a continuous period of 90 days, your registration may get automatically cancelled.
- Unfinance reserves the right, in its sole discretion, to deny you access to the App or any portion thereof without notice for the following reasons :
- for any unauthorized access or use of the App by you;
- if you assign or transfer (or attempt the same) any rights granted to you under this Agreement;
- if you violate any of the other terms and conditions of this Agreement.
Unfinance hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access the App provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement.
COPYRIGHT & NO RETRANSMISSION OF INFORMATION
- The App as well as the design and information contained in the App is the valuable, exclusive property of Unfinance, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.
- You may not resell, redistribute, broadcast or transfer the data, content and information published on the App or use the same in a searchable, machine-readable database unless separately and specifically authorized in writing by Unfinance prior to such use.
- You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the App, any part thereof, or any of the data, content and information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by Unfinance prior to such use.
- You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the App without prior written authorization except as set forth in this Agreement; any other use of the data, content and information contained in the App requires the prior written consent of Unfinance and may require a separate fee.
DELAYS IN SERVICES
- Neither Unfinance, its partners, principals, agents, associates nor employees, shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, software or other defects, weather, strikes, walkouts, fire, pandemic, acts of God, riots, armed conflicts, acts of war, or other like causes. Unfinance shall have no responsibility to provide you access to the App while interruption in the App due to any such causes shall continue.
- Unfinance may incorporate additional services on the App such as stock market data feeds, cryptocurrency data feeds, automated analysis features and alerts through third-parties. Such services being provided by third-parties will be offered on an “as is, with all faults” basis and solely for informational purposes, not for trading purposes or advice, and may be delayed periodically due to inter alia network or technical reasons. Neither Unfinance, its partners, principals, agents, associates nor employees, shall be liable for any loss or liability resulting, directly or indirectly, from any kind of delays or interruptions in such third-party services.
- You expressly agree that the use of the App is at your sole risk.
- The contents, information, software, products, features and services published on the App may include inaccuracies or typographical errors. Changes are periodically added to the content on the App.
- We and/or our respective suppliers, associates, third-party service providers and vendors may make improvements and/or changes in the App at any time. The App may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions.
- We, our partners, principals, agents, associates or employees shall not be liable to a user or a member or a third party should we exercise our right to modify or discontinue any or all of the contents, information, software, products, features and services published on the App.
- We, our partners, principals, agents, associates or employees make no representations about the suitability of the contents, information, software, products, features and services contained on the App for any purpose. All such contents, information, software, products, features and services and provided “as is” without warranty of any kind. We, our partners, principals, agents, associates or employees hereby disclaim all warranties and conditions with regard to these contents, information, software, products, features and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and availability.
- In no event shall Unfinance, its partners, principals, agents, associates or employees be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the App or with the delay or inability to use the App, or for any contents, information, software, products, features and services obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, strict liability or otherwise, even if Unfinance, its partners, principals, agents, associates or employees have been advised of the possibility of damages.
- We, our partners, principals, agents, associates or employees shall not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of the App, whether for breach of contract, tort, negligence, or under any other cause of action.
- Unfinance does not and will not solicit investments from you in any kind of financial assets and/or offer to manage your investments. Please beware of any person(s) purporting to be acting on our behalf and trying to solicit investments from you and/or offering to manage your investments. You are further requested to report any such incidents by writing to us at email@example.com
- Unfinance does not represent or warrant that the App will meet your requirements or is suitable for your needs.
- You agree that Unfinance, its partners, principals, agents, associates or employees shall not in any event be liable for any special, incidental or consequential damages arising out of the use or inability to use the App for any purpose whatsoever.
USE OF MESSAGE BOARDS, COMMENTS, SOCIAL FEATURES AND OTHER COMMUNICATION FORUMS
- If the App contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum.
- By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following :
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, distribute or disseminate any defamatory,infringing, obscene, indecent or unlawful material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Conduct or forward surveys, contests, or chain letters.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- You further undertake to not host, display, upload, modify, publish, transmit, store, update or share any information that :
- belongs to another person and to which you do not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to children;
- nfringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
EQUIPMENT AND OPERATION
You shall provide and maintain all mobile phone/internet and other equipment necessary to access the App, and the costs of any such equipment and/or mobile phone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the App.
- You acknowledge that the information provided through the App is compiled from sources, which are beyond our control. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and we do not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that the App is provided to you on an “as is, with all faults” basis.
- Unfinance is not a SEBI registered or qualified investment advisor.
- We do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed on the App, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The App is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed on the App. Nothing on the App constitutes a solicitation by us, the information providers, or others of the purchase or sale of securities.
- Unfinance expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind to the users and/or any third party, including any implied warranties of accuracy, timeliness, completeness, merchantability and fitness for a particular purpose, as well as any warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement.
- Unfinance, in providing the App, makes no endorsement of any particular security, market participant, or brokerage.
- Under this Agreement, you assume all risk of errors and/or omissions in the App, including the transmission or translation of data, content and information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the App, including the data, content and information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under this Agreement.
- Unfinance may incorporate chart analysis on the App to assist you in making your own decisions. However, this will not be construed or intended to be investment or trading advice under any circumstances whatsoever. You are advised to always do your own careful due diligence using multiple sources before trading or investing.
- Unfinance may incorporate additional services on the App such as stock market data feeds, crypto currency data feeds, automated analysis features and alerts through third-parties. Such services being provided by third-parties will be offered on an “as is, with all faults” basis and solely for informational purposes, not for trading purposes or advice. Such third-party services may or may not be complete, may contain errors or omissions, and thus should not be relied upon without additional verification and due diligence. Neither Unfinance, its partners, principals, agents, associates nor employees, shall be liable for any errors in such third-party services and/or for any loss caused to you as a consequence of your reliance on such third-party services.
The App may host advertisements from third-parties. The advertisements are not under the control of Unfinance. Unfinance is not responsible for the contents or omissions of any advertisements on the App. The inclusion of any advertisements does not imply endorsement by us or the App. Advertisements in the App shall be governed by a separate agreement. Unfinance will not be responsible or liable for your actions in relation to any advertisements on the App.
LINKS TO THIRD PARTY SITES
The links in the App will allow you to leave the App. The linked sites are not under the control of Unfinance. Unfinance has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by us or the App of the site. Third party links in the App shall be governed by a separate agreement. Unfinance will not be responsible or liable for your actions on or through the linked sites on the App.
You shall indemnify, defend and hold harmless Unfinance, its partners, principals, agents, associates and/or employees from any and all claims and losses imposed on, incurred by or asserted as a result of or related to :
- your access and use of the App;
- any non-compliance by you with the terms and conditions hereof; or
- any third party actions related to your receipt and use of the data, content and information from the App, whether authorized or unauthorized.
If there is any conflict between this Agreement and other documents, this Agreement shall govern, whether such order or other documents is prior to or subsequent to this Agreement, or is signed or acknowledged by any partner, officer, employee, representative or agent of Unfinance.
If Unfinance takes action (by itself or through its partners or associate companies) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, we shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
This Agreement constitute the entire agreement between the parties, and no other agreement, written or oral, exists between you and Unfinance. By using the data, content and information on the App, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you.
Any clause in this Agreement declared invalid by law shall be deemed severable and not affect the validity or enforceability of the remainder of the clauses.
TERM AND TERMINATION
- This Agreement shall come into force on the day on which you register on the App, or on the date on which you first use the App, whichever is earlier.
- This Agreement and any rights whatsoever granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons :
- immediately by Unfinance for any unauthorized access or use by you;
- immediately by Unfinance if you assign or transfer (or attempt the same) any rights granted to you under this Agreement;
- immediately, if you violate any of the other terms and conditions of this Agreement.
- Termination or cancellation of this Agreement shall not affect any right or relief to which we may be entitled, as per law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to us.
- Except as set forth herein, regardless of the reason for cancellation or termination of this Agreement, the fee charged, if any, for access to the App is non-refundable for any reason.
This Agreement is exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in New Delhi, India in all disputes arising out of or relating to the use of the App. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
- You can report any violation of this User Agreement by writing to Mr. Amit Singh, Grievance Officer at firstname.lastname@example.org and we will endeavour to address your concern within 15 days.
- If you find any content on the App which falls under any of the prohibited categories of content under Clause 7.3 above, you can inform us of such a violation by writing to Mr. Amit Singh, Grievance Officer at email@example.com along with :
- a screenshot or link of the infringing post; and
- your reasons for objecting to such content.
- Your reports of violation of this User Agreement will be received and acknowledged within 24 hours by our Grievance Officer.
- We will respond to your reports of violations no later than 15 days by:
- taking down such violative content; or
- suspending/blocking the violating user’s account; or
- terminating the violating user’s access to the App.
- Our assessment of any complaints relating to content shared on the App will be limited to whether such content violates this User Agreement or our own internal policies and guidelines. Such a decision will be final and binding with regard to the content on the App. We do not undertake any legal analysis or judgment on the nature of the reported content.
For any other concerns, queries or grievances relating to your use of the App, please write to Mr. Amit Singh, Grievance Officer at firstname.lastname@example.org
Last updated on: June 13, 2021