Last updated: March 9,2023
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Disclaimer:
Company (referred to as either "the Company", "We", "Us","Our" or "Bullsmart" in this policy) refers to SKYWARDS INVESTEC PRIVATE LIMITED, having its registered office at Ashoka Fortune, 3rd Floor, No.3/1-1 1st Main, Jakkasandra, Koramangala Bangalore- 560034 IN is an Association of Mutual Funds in India (AMFI) registered Mutual Fund Distributor (MFD) holding Application Reference Number (ARN) - 262524.
services refers to the Website, mobile app (Bullsmart) and any other social media Platforms.
You means the individual who has completed 18 years of age, accessing the services, or the company, or other legal entity on behalf of which such individual (attained age of 18 years) is accessing or using the services, as applicable.
Website refers to Bullsmart, accessible fromhttps://www.bullsmart.in
Application means the software program provided by the Company downloaded by you on any electronic device named"Bullsmart".
Social Media Platform means our YouTube channel, Twitter or any other social media platforms solely handled by us.
Forum means community forum section available on"Bullsmart" Application.
Terms and Conditons
In these Terms, “you” or “your” means the person accepting these Terms and the company (if any) on whose behalf he/she is acting, and “we,” “us,” “our,” or the “Company” means SKYWARDS INVESTEC PRIVATE LIMITED and its affiliates. The terms describes your rights and responsibilities and form a legally binding agreement between Us and You with the respect to your use of the services. By using or accessing any part of the services, you agree that you are at least eighteen (18) years old and have read, understand, and agree to be bound by all of these Terms and Conditions. If you do not agree to all of these Terms and Conditions, you must not use or access the services. If you are entering into these Terms on behalf of a company, you represent that you have the authority to bind that company to the terms of these Terms. We reserve the right, in our sole discretion, to modify or replace any of the terms or conditions of these Terms at any time. Your continued use of the services following the posting of any changes to these Terms constitutes your acceptance of those changes and you are responsible for reviewing those terms. Some products or services that become available on the services may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with these Terms, those additional terms and conditions will control.
1.REGISTRATION OF DATA AND ACCOUNT SECURITY
As a condition to using some parts of the services, you may be required to register an account with Us, select a password and user name and provide other information about your identity, your company or your investments (“registration data”). You agree to (a) provide accurate, current and complete registration data; (b) maintain the security of your password and user name; (c) maintain and promptly update the registration data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Except as expressly provided in these Terms, you may only maintain one active account with the services.
You agree and understand that you are responsible for maintaining the confidentiality of your registration data. By providing us with your e-mail address, you agree to receive all required notices electronically, including through the services (such as by displaying links to notices generally on the site) or to your e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.
2.ACCESS TO THE SERVICES
Subject to your compliance with these Terms, we grant you a limited, revocable, nonexclusive license to access and use the Services and the Content for your own personal internal use. This license does not include any collection, aggregation, copying, duplication, scraping, display or derivative use of the Services nor any use of data mining, crawlers, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Us in writing. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services. In order to collect, aggregate, copy, duplicate, scrape, display or make derivative use of the services or any Content made available via the services for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Us.
You agree to insure that any information disseminated pursuant to the services, whether such dissemination is made (a) by you or on your behalf by a person authorized to disseminate information on your behalf or (b) otherwise, in any case, complies with all statutes, rules, regulations, orders or other governmental acts of India.
Our purchase and checkout process from the Application is powered by our third party payment processors (“Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor, in addition to this Agreement. You agree to pay us, through the payment processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our payment processor to correct, any errors or mistakes, even if payment has already been requested or received. You are responsible for all taxes, duties, and other governmental assessments associated with your activity in connection with the services.
You understand that all postings, messages, text, images, video or other materials ("Content") posted or published on, uploaded to, transmitted through, or linked from, the services (hereinafter, “post”, “posted” or “published”), whether by, users of the services (“Users”) or Creators (as defined below), are the sole responsibility of the person or entity from whom such Content originated. You agree that by using the services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We are not responsible for the conduct, whether online or offline, of any User or Creator. You agree that you bear all risks associated with, the use or posting of any Content, that you may not rely on said Content, and that under no circumstances we will be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the services. You may not republish, post, transmit or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our consent. The Creators may take positions inconsistent with the views expressed in their Products or Content. Products available on our platform contain the Creators' own opinions (and not those of the Company), and none of the information contained therein constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand that the Creators will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.
6.USER CONTENT POSTED ON THE services
You are solely responsible for the Content that you post on or through the services, or otherwise transmit to or share with other Users (collectively, the "User Content"). You shall not (and shall not permit any third party to) create, upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the services, that you did not create or have permission to post; infringes any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates these Terms or any law or contractual duty (see our Notice of Infringement - DMCA policy below); you know is false, misleading, untruthful or inaccurate; defames, libels, ridicules, mocks, disparages, threatens, harass, intimidates or abuses anyone; attempts to impersonate any other party; harvests or otherwise collects information about users without their consent; uses tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the services; constitutes unauthorized or unsolicited advertising, junk or bulk email or pyramid schemes; includesanyone's identification documents or sensitive financial information. You acknowledge that we does not pre-screen, endorse or approve User Content, but that we shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any User Content that is available via the services, including in connection with violations of the letter or spirit of the Terms or for any other reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the services or otherwise provide to the Company.
When you post User Content to the services, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the services. By posting User Content to any part of the services, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content, and your name, voice, and/or likeness as contained in your content, for any purpose, commercial, advertising, or otherwise, on or in connection with the services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize of the foregoing. We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You also hereby grant each user of the services a non-exclusive license to access your User Content through the services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the services and under these Terms.
WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER RELATED INFORMATION FOR ANY REASON,including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of the Agreements; (c) to protect our legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone's health or safety may be threatened; or (e) to report a crime or other offensive behaviour.
7.THIRD- PARTY services, OTHER WEBSITES AND CONTENT
8.ACCOUNT INFORMATION FROM THIRD PARTY SITES
Bullsmart operates the Platform as an Intermediary under the IT Act. This document is published in accordance with the provisions of the Information Technology Act of 2000 read along with its relevant rules includingInformation Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021and amendments if any. Bullsmart holds no control with respect to the content and does not warrant the correctness, validity or legality of the content. Bullsmart expressly disclaims all warranties and shall not be liable for any violations under civil or criminal law.
Acceptance- hat the policy shall be the part of terms of services come into effect. The Platform facilitates aggregation of Content from various sources. Bullsmart merely provides access to various types of content as an intermediary.
You acknowledge, confirm and agree that all intellectual property rights in the Content You post vests with You or You have a valid license to post, display, reproduce, make copies, broadcast, communicate to the public such Content on the Platform.
You acknowledge, confirm and agree that all intellectual property rights in the Platform, whether registered or unregistered, including but not limited to its software, interface, webpages, database, name and logo vest in Bullsmart. You shall not claim any right in any of the aforementioned forms of intellectual property.
You own the content posed by You. Bullsmart owns all the rights in the Platform.
When You post content on the Platform, You grant Bullsmart a non-exclusive, perpetual, worldwide, transferable, irrevocable, royalty-free, unlimited license to use, commercially use, cache, store, publish, display, distribute, and store such Content, including underlying works in the content, posted by You. You agree, understand and confirm that You are liable to pay any license fee, royalty, or any other consideration applicable to the content posted by You.
You grant Bullsmart a right to use the content posed by You on the Platform.
Other than as expressly set forth in this Policy, You shall not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or services in whole or in part.
Do not use any content posted on the Platform for unauthorized purposes.
If You remove any Content from the Platform or terminate Your use of the Platform, Bullsmart may keep and use Your Content on its sole discretion and for any lawful purpose. Bullsmart and its users may retain and continue to use, store, any of Your Content even after the date of termination of Your use.
BULLSMART retains the right to use content even after You remove it from the Platform.
2.Representations and Warranties
You represent, covenant and warrant that the content posted by You does not violate any term of this Policy or any law in force in the territory in which You are posting the content or any law in force in the territory in which content can be displayed, broadcasted, published, used, communicated to public, reproduced or copied.
You further represent, covenant and warrant that You own or have a valid license to post the content, including underlying works in the content, on the platform and fulfil Your obligations under this Policy.
You confirm that the You post is legal and You have a right to post it.
Bullsmart makes no warranties under this Policy. And Bullsmart expressly disclaims all warranties, expressed or implied, including but not limited to:
Bullsmart makes no warranties with respect to the Platform.
You will indemnify and hold Bullsmart and its affiliates, business partners, and their directors, officers and employees, harmless, including costs and attorneys' fees, harmless from any claim or demand made by any third party arising out of or in connection with the Content posted by You, any violation of this policy by You, or any other illegal act done by You.
If Bullsmart is sued because of anything You do on the Platform, you have to pay the costs.
To the maximum extent permitted by law, Bullsmart and/or its affiliates shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) Your access to or use of or inability to access or use the platform; (b) any conduct or content of any third party on the platform, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of Your transmissions or content. In no event shall Bullsmart's aggregate liability for all claims relating to the platform exceeds ₹5000/- (Rupees five thousand only).
4.Our liability is limited.
This limitation of liability is part of the basis of the bargain between You and Bullsmart and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Bullsmart or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
5.Acceptance of this Policy
If you have any grievances in relation to the Application or its content, you may send a notice to Grievance Redressal Officer at the below-mentioned email and address.Details of Grievance officer
Name: Ms. SUBHRA SIMANTINEEAddress: Ashoka Fortune, 3rd Floor, No.3/1-1 1st Main, Jakkasandra, Koramangala Bengalore 560034
Email: [email protected]
SKYWARDS INVESTEC PRIVATE LIMITED
AMFI Registration Number: ARN - 262524
Registered Office: Ashoka Fortune, 3rd Floor, No.3/1-1 1st Main, Jakkasandra, Koramangala Bengaluru 560034
Disclaimer: Investments in securities market are subject to market risk, read all the related documents carefully before investing.