Since You downloaded Our App from an App Store (as applicable), You will also be subject to the App Store terms and conditions (as applicable). If there is any conflict between terms and conditions of the App Store (as applicable) and this Agreement with respect to Your use of the App, then, this Agreement shall prevail.
A. DEFINITIONS AND INTERPRETATION
1. Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows:
(a) “App” means Moneycontrol Markets on Mobile_ downloadable from the App Store and owned by E18, including any updates thereof.
(b) “App Store” is inclusive but not limited to Google Play Store, Apple App Store, Blackberry World and Nokia OVI apps and/or their affiliates, a third party, through which You may use in order to download the App.
(c) “App Store Terms and Conditions” means terms and conditions that apply to the use of an App Store platform, as applicable. .
(d) “User” or “You” or “Your” refers to a natural person who has accepted this Agreement in order to download and use the App.
2. Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
3. Headings and captions are used for convenience only and not for interpretation of the Agreement.
4. Any reference to a natural person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
B. YOUR APPROVAL
1. You approve of and accept this Agreement by:
(a) downloading and/or installing the App on Your device; or
(b) accessing or using the App or any of the content available within the App from any device.
2. You can accept this Agreement only if:
(a) You are of the legal age to form a valid and binding contract with E18 as a consequence of Your use of the App; and
(b) You are not legally barred from using the App.
1. In order to access certain Services, you may be required to sign up for an account, and select a password and user name. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. E18 may verify your email address and or mobile number before your account can be used. However, such verification shall not be deemed to be an authentication or validation of the information provided by You.
2. You agree to provide truthful, complete and correct information when you register for the Service and You are required to keep such information updated from time to time. You must take due care to protect your username and password against misuse by others and promptly notify E18 about any misuse that may occur. You are personally responsible for any use of the Service.
3. We reserve the right, in its sole discretion, to deny you access to this App or any portion thereof without notice for the following reasons (a) immediately by App for any unauthorized access or use by you (b) immediately by App if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement.
D. ACCOUNTS, PASSWORDS, AND SECURITY
1. You agree and understand that you are responsible for not automating account creation. You are also responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to E18 for all activities that occur under your account. E18 is not responsible whatsoever for any actions taken under your account.
2. If you become aware of any unauthorized use of your password or of your account, you agree to notify E18 immediately at email@example.com.
E. SHARING USER DETAILS
1. We, hereby grant you a limited, non-exclusive, non-assignable and non-transferable license to access 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.
G. PROVISION OF THE APP
1. The App is designed to provide You an in-app browsing experience. The App provides all stock call information, views and investment tips expressed by investment experts etc. All such information is referred to here as the ‘content’. The app aggregates such content within one platform for easy access by You and for assisting You to find corresponding content of Your interest.
2. The App does not host, display or transmit any content owned by third parties on its servers, unless We either have a license or are not prohibited under the applicable law, to do the same.
3. You agree and acknowledge that the App does not report and/or broadcast any content on its own accord and E18 is not responsible or liable for the content or accuracy of the summary of content that may be accessed by You through the App.
1. The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Any and all such charges, fees or costs are your sole responsibility.
Paid Services. The App is subject to payments (the “Paid Services”). Please see our Subscription page for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. b. Billing. We use a third-party payment processor or the App store from which you originally downloaded the App (‘Payment Processor’) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
a. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
b. Recurring Billing. The Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, go to the account settings on E18, App store as applicable.
c. Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
d. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized, you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
e. Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to account settings or terminate from the App store as applicable. If you terminate a Paid Service, you may use your subscription until the end of your then-current term and your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Service through your account settings or terminate your Company account before the end of the recurring term. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, E18 will not refund any fees that you have already paid.
f. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
g. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at firstname.lastname@example.org.
I. USAGE OF CONTENT
1. You agree:
a) To use the content only for your personal, non-commercial purposes;
b) To use the content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the content;
c) Not use the App or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement;
d) Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the content;
e) Not to give out your password or otherwise allow other people to access the content. The restrictions on copying that apply to applicable media also apply to the content accessed as part of this Service.
f) No part of the content displayed in the App may be reproduced or transmitted to or stored in any other web site or app, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission from E18.
g) Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the content available unless otherwise authorized in the applicable terms and to advise E18 promptly of any such unauthorized use;
h) Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the content or any other technologies used to control the access to or use of the content or its identifying information;
i) You will not attempt to or engage in any activity that may, use any robot, spider, retrieval application, or other device to retrieve or index any portion of the App or content thereof and/or collect information about users of the App for any illegal or unlawful purpose and/ or create any user accounts by automated means or under false or fraudulent pretences for using the App and/or transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the App;
j) You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this App;
k) Not circumvent or disable any digital rights management, usage rules, or other security features of App; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the App; and not use the App in a manner that threatens the integrity, performance, or availability of the App.
l) Use the App in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the App, or interfere with any other third party's use and enjoyment of the App;
m) Carry out any denial of service (DoS, DDoS) or any other harmful attacks on the App or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the App or any part of the App or any user of the App; or
n) You will not impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.
J. INTELLECTUAL PROPERTY
1. Your use of the App is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the App through Your device.
2. E18 owns and retains all the intellectual property rights to the content made available to You through the App by E18 but does not claim ownership rights to the original sources of information, which are instead held by the original source and sites to which the App may link You.
3. All trademarks, brands and service marks of the App are the property of E18 only. E18 owns all of the copyrights and database in relation to the App.
4. The App and any underlying technology or software used in connection with the App may contain rights of E18 or its affiliates or any third party. For use of any third party’s intellectual property, You may need to get permission directly from the owner of the intellectual property.
5. Any intellectual property which is not specifically mentioned to be owned by E18 is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.
6. E18 respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by You.
K. LIMITATION OF LIABILITY
1. The App include links and pointers to Internet sites, content and services provided by third parties. The App’s linking to any third party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, E18 does not operate or control in any respect any information, products or services that third parties may provide on or through the sites or on web sites linked to by the App.
2. E18 and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this app or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our App (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).
3. The Service is provided on “AS IS” and “AS AVAILABLE” basis. E18 does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.
4. E18 is not liable for any direct damages caused by your use or inability to use the Service. In no case will E18 be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS E18 (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 the App (b) any non-compliance by you with the terms and conditions hereof; or (c) any third party actions related to your receipt and use of the content, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by E18.
M. NO WARRANTIES
1. We shall make our best efforts to make the App available to You in the best possible manner. However, We disclaim all warranties in relation to the App, whether express or implied, including but not limited to:
(a) the App being constantly available or available at all;
(b) installation or un-installation choices in relation to the App being successfully executed in all cases;
(c) that App will always function without disruptions, delay or errors;
(d) Your personal ability to use the App;
(e)Your satisfaction with the use of the App;
(f) the accuracy of the content provided by the App;
(g) the security and privacy of Your data;
(h) that all bugs or errors in relation to the App will be corrected;
(i) that the App will be compatible with all devices and all networks;
(j) that the App is fit for a particular purpose or use; or
(k) that the App and the contents thereof are accessible in every location.
2. E18, its officers, directors, employees, affiliates and agents and any other service provider responsible for providing access to the App in connection with this Agreement will not be liable for any acts or omissions, including of a third party, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties, or for damages associated with the App, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties that are interconnected with the App.
N. YOUR AGREEMENT WITH E18
1. A violation of this Agreement may result in a legal liability upon You and that nothing in this Agreement should be construed to confer any rights to any third party. You are responsible for Your conduct and activities while using the App, and for any consequences thereof.
2. If any provision of the Agreement is found to be unenforceable under the applicable law, it will not affect the enforceability of the other provisions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
3. We may choose to not act with respect to a breach of this Agreement by You or others but this does not mean that We cannot act with respect to subsequent or similar breaches. Our intended or intended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
O. USING THE APP
1. You will download and install the App from App store for using it. 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.
2. 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 or guidelines applicable in the country of which You are a citizen, in which You are a resident or from where You use the App.
3. For Your use of the App, E18 grants You a limited, non-exclusive, non-transferable right to install and use the App on Your android or IOS device. However, You shall not copy the App or any of its components.
4. E18 also grants You a non-exclusive, non-transferable license to access such content on the App which is owned by E18. For using any content owned by a third party, You still require a license from such third party, We don’t license such content to You and Your use of content owned by a third party is governed by applicable terms and conditions prescribed by such third party.
1. Your access to the App may be terminated if:
(a) You voluntarily uninstall the App from Your device;
(c) You do not pay the requisite fee, if any, should E18 charge for use of the App.
(d) At any time at Our discretion, with or without prior notice.
2. We may have to terminate Your access to the App if:
(a) We are required to do so by law (for example, where the access to and/or provision of the App to You becomes, unlawful);
(b) The provision of App to You, is no longer commercially viable or feasible for Us; or
(c) You are a repeat infringer of this Agreement.
(d) At any time at Our discretion, with or without prior notice.
3. We may terminate this Agreement at any time, with or without notice and may procure disabling Your access to the App and/or barring You from any future use of the App.
4. You may terminate this Agreement at any time by terminating Your access to the App. However, Your certain obligations under this Agreement shall continue to prevail even on such termination.
5. When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and E18 have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
Q. USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS:
1. If this 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:
a. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
c. 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.
d. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
e. Conduct or forward surveys, contests, or chain letters.
f. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
R. GOVERNING LAW AND DISPUTE RESOLUTION
1. The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this website. Use of this App is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
1. E18 may post notices within the App or send you notices on the e-mail address or the telephone number that You may have shared with Us. You will have received such notices within 3 (three) days of Us sending the notice. Your continued use of the App on expiry of such 3 (three) days shall constitute Your receipt and acceptance of the notices sent to You.
2. You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the App. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorized use of Your device, You will notify the relevant authorities as soon as possible.
U. Feedback to E18
By submitting any ideas, feedback and/or proposals ("Feedback") to E18 through the App or other means, you acknowledge and agree that: (1) E18 may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) E18 is not under any obligation of confidentiality with respect to the Feedback; (4) E18 may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from E18.
OUR APP IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR APP WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS and INTERRUPTIONS.
WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR APP OR ANY INFORMATION on OUR APP.
WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CONTENT, ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS APP OR AVAILABLE THROUGH LINKS ON OUR APP.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR APP.
YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT USE THE APP IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL THE TERMS SPECIFIED IN THIS AGREEMENT. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN LEGAL LIABILITY UPON YOU. NOTHING IN THE AGREEMENT SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO ANY THIRD PARTY OR ANY OTHER PERSON.
Last updated on [●] 2018.