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By accessing Moneycontrol.com or any of its associate/group sites, including sub-domains and application/s, ("Site"), you ("User" or "Subscriber", as the case maybe), have read, understood and agree, as required under law, to be legally bound by the terms of the following disclaimer and user agreement ("User Agreement"):
1. This User Agreement is a contract between you and Network18 Media & Investments Limited ("the Company/NW18") for your access and use of the Site.
2. OWNERSHIP OF THE SITE AND MATERIALS AND CONTENT ON THE SITE:
This Site, its underlying code and software, and trademarks are owned and operated by NW18. The Site contains material and content which is derived in whole or in part from material supplied by and/or owned by NW18, various news agencies and market infrastructure institutions such as stock market exchanges, stock brokers, research analysts and investment advisers , along with other sources. The term ‘Moneycontrol.com’ is also used through this User Agreement to refer to the Site, its owner, and associates of the owner.
3. PERSONAL INFORMATION:
The Privacy Policy shall govern all aspects of your personal information that may pertain to your use of the Site including for the purpose of sharing with and processing of personal information by specified third parties, for contacting you with offers for their products and services. In case of any conflict in any overlap between the Privacy Policy and the User Agreement, the Privacy Policy shall prevail.
4. INTELLECTUAL PROPERTY AND USE RESTRICTIONS:
4.1. The user interface, including design thereof, domain and sub-domains, getup of the Site, proprietary material, information and content on the Site tracking and management tools and information, , marks, and underlying code and software, whether registered or not, ("Intellectual Property") are protected by, inter alia, Indian intellectual property laws, and may also be protected under intellectual property laws of other countries. You shall not use the Site and Intellectual Property in violation of proprietary rights therein.
4.2. Intellectual Property is the valuable, exclusive property of NW18, and nothing in this User Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.
4.3. Except where specifically authorised in writing by NW18, the User/ Subscriber shall not repeat, modify, copy, reproduce, republish, upload, post, transmit, broadcast or distribute in any way any Intellectual Property, including material and/or content from this Site and underlying code and software.
4.4. You shall not, directly or indirectly, including manually, using software tools or otherwise:
4.5. Except as set forth herein, any other use of the information, software or application contained in this Site requires the prior written consent of Moneycontrol.com and may require a separate fee.
4.6. You agree that, notwithstanding your liability in law for any violation of the terms of the User Agreement, if you fail to comply with the terms of clause 4.4 above, you will be liable for actual and punitive damages as per Indian law.
5. VARYING OF TERMS:
5.1. By visiting the Site, you are agreeing to be bound by the terms and conditions herein. NW18 may change these terms and conditions at any time. Your continued use of Site means that you accept any new or modified terms and conditions. Please re-visit the `Terms of Use' link at the Site from time to time to stay abreast of any changes that may be introduced.
5.2. NW18 shall have the right at any time to change or modify the terms and conditions applicable to User/ Subscriber's use of the Site, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Moneycontrol.com Site, or by electronic or conventional mail, or by any other means by which User/ Subscriber obtains notice thereof. Any use of the Moneycontrol.com Site by User/ Subscriber after such notice shall be deemed to constitute acceptance by User/ Subscriber of such changes, modifications or additions.
6. THIRD PARTY SERVICES AND WEBSITES:
6.1. The links in this Site will allow you to leave Moneycontrol.com. The linked sites may not be under the ownership, control or operation of Moneycontrol.com (third party sites). Moneycontrol.com has not endorsed, reviewed, nor approved these third party sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. Third party links to Moneycontrol.com shall be governed by a separate agreement.
6.2. These third party sites may collect your personal data in accordance with their own privacy policy and terms, and Moneycontrol.com shall not be responsible or liable for the privacy practises, security standards or content on and of such third party sites.
7. TERMS APPLICABLE TO MONEYCONTROL SUBSCRIPTION SERVICES:
7.1 NW18 also provides certain subscription services to its Users including but not limited to Moneycontrol Pro and Moneycontrol Super Pro.
7.2 These subscription services may differ from country to country and on a User’s specific device. Subscriptions packages and price may vary from time to time. The applicable subscription terms shall be determined by NW18, in its sole discretion and shall be set out on the respective subscription page. Such subscription service shall be governed by those applicable subscription terms.
7.3 In case of any conflict between the applicable subscriptions terms of a subscription services and the User Agreement, the applicable subscription terms shall prevail.
8. REGISTRATION:
8.1 Your login details/ credentials such as user name and password, if any, for Moneycontrol.com and subscription services authorise your personal use thereof and are non-transferrable, unless specifically agreed to in writing by NW18. You agree and warrant that your login details/ credentials, if any, for Moneycontrol.com and subscription services will solely be used by you and no one else to access the services provided by Moneycontrol.com. You undertake and warrant to take all reasonable steps to keep you login details/credentials secure.
8.2 By registering with Moneycontrol.com and/or subscription services, you certify and warrant that all information you provide, now or in the future, is accurate and your access to the Site is legal. Your login at the website moneycontrol.com subsists for a period of 30 days from the date your most recent login and is automatically reset for a period of 30 days every time you login thereafter. If you do not log in to the Site for a continuous period of 30 days, your login session will expire and you will be required to log in again to access your Moneycontrol.com account. Moneycontrol.com reserves the right, in its sole discretion, to deny you access to this Site or any portion thereof without notice for the following reasons (a) for any unauthorized access or use by you (b) if you assign or transfer (or attempt the same) any rights granted to you under this User Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement.
8.3 Any personal data collected during registration shall be processed in accordance with applicable law and the Privacy Policy of Moneycontrol.com.
9. LICENSE:
Moneycontrol.com hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access Moneycontrol.com 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 User Agreement.
10. DELAYS IN SERVICES:
Neither Moneycontrol.com (including its and their directors, employees, affiliates, agents, representatives or subcontractors) 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, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, epidemics, pandemics, cyber-crime incidents or other like causes. Moneycontrol.com shall have no responsibility to provide you access to Moneycontrol.com while interruption of Moneycontrol.com is due to any such cause.
11. LIABILITY DISCLAIMER:
11.1. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HEREIN. Moneycontrol.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. THIS SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS. Moneycontrol.com (AND ITS OWNERS, SUPPLIERS, CONSULTANTS, ADVERTISERS, AFFILIATES, PARTNERS, EMPLOYEES OR ANY OTHER ASSOCIATED ENTITIES, ALL COLLECTIVELY REFERRED TO AS "ASSOCIATED ENTITIES" HEREAFTER) SHALL NOT BE LIABLE TO USER OR SUBSCRIBER OR ANY THIRD PARTY, SHOULD Moneycontrol.com EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE ANY OR ALL OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS SITE.
IN NO EVENT SHALL Moneycontrol.com AND/OR ITS ASSOCIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Moneycontrol.com OR ANY OF ITS ASSOCIATED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
11.2. NW18 has taken due care and caution in compilation of data for its Site. NW18Moneycontrol.com advises users to check with certified experts before taking any investment decision. Moneycontrol.com or NW18 does not guarantee the accuracy, adequacy or completeness of any information, including news and current affairs media, and is not responsible for any errors or omissions or for the results obtained from the use of such information. NW18 especially states that it has no financial liability whatsoever to any User/ Subscriber on account of the use of information provided on its Site.
11.3. By using the Information on Moneycontrol.com, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. Moneycontrol.com does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, 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 views under any research advice or investment tips expressed by SEBI registered intermediaries on the Site are their own, and not that of the Site, NW18 or its management . The Information 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 in the Information. The Information does not constitute a solicitation by the information providers, Moneycontrol.com or other of the purchase or sale of securities.
12. INFORMATION DISCLAIMER
You acknowledge that the information provided through Moneycontrol.com maybe compiled from sources, which are beyond the control of moneycontrol.com Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and Moneycontrol.com does 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 MONEYCONTROL.COM IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. MONEYCONTROL.COM 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. IN ADDITION, MONEYCONTROL.COM, IN PROVIDING THE INFORMATION MAKES NO ENDORSEMENT OF ANY PARTICULAR SECURITY, MARTKET PARTICIPANT, OR BROKERAGE. FURTHER, MONEYCONTROL.COM DOES NOT REPRESENT OR WARRANT THAT IT WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS.
Under this User Agreement, you assume all risk of errors and/or omissions in Moneycontrol.com, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of Moneycontrol.com, including the 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 the User Agreement.
13. USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS:
If this Site contains ancillary features such as 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 in compliance with applicable laws. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by Moneycontrol.com, and such communications shall not be considered reviewed, screened, or approved by Moneycontrol.com. Moneycontrol.com reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings. With respect to third party content such as user generated content, Moneycontrol.com shall not be responsible and liable for such content.
14. EQUIPMENT AND OPERATION:
You shall provide and maintain all telephone/internet and other equipment necessary to access Moneycontrol.com, and the costs of any such equipment and/or telephone/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 Moneycontrol.com.
15. INDEMNIFICATION:
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS Moneycontrol.com (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO: (a) your access and use of Moneycontrol.com (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized.
16. CONFLICTING TERMS AND MISCELLANEOUS:
Unless expressly stated in this User Agreement and: (i) Subject to the Privacy Policy, or (ii) specific terms pertaining to a particular product or service availed by you on Moneycontrol.com, including clause 7.3 of this User Agreement, if there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents is prior to or subsequent to this User Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of Moneycontrol.com.
For clarity, to the extent of any conflict between this User Agreement and any specific terms pertaining to a particular product or service, the specific terms of that product or service shall prevail with respect to that product or service and only to the extent of such conflict.
17. CONFIDENTIALITY:
You agree to keep the information received from the Moneycontrol.com and services CONFIDENTIAL and will not disclose the knowledge gained to other any person or firm for any reason, unless required in law.
18. TERMINATION:
This User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons: (a) for any unauthorized access or use by you (b) if you assign or transfer (or attempt the same) any rights granted to you under this User Agreement; (c) if you violate any of the other terms and conditions of this User Agreement. Termination or cancellation of this User Agreement shall not effect any right or relief to which Moneycontrol.com may be entitled, in law or equity. Upon termination of this User Agreement, all rights granted to you will terminate immediately. Except as set forth herein or under any product specific terms, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to Moneycontrol.com including any subscription services, is non-refundable for any reason.
19. JURISDICTION:
The terms of this User Agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions in this User Agreement, including without limitation this paragraph.
20. ENTIRE AGREEMENT
This User Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Moneycontrol.com.
21. GRIEVANCE REDRESSAL:
The details Grievance Officer of Moneycontrol.com for grievance redressal for the Site are as follows:
Name: Apurv Narula
Contact details: Complaint@nw18.com
Any grievance with respect to the Site must be addressed to the above-named Grievance Officer at the stated contact details. All grievances shall be acknowledged and resolved within the timelines prescribed under the applicable law.
22. SEVERABILITY:
Any clause of the User Agreement declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.
