TERMS OF USE

 

Goyal Security Services LLP, a limited liability partnership firm incorporated under provisions of Limited Liability Partnership Act, 2008.

The Website www.investwithsmti.com, its domain and other sub-domains (hereinafter referred to as the “Website”, “Site” or “Platform”) are owned, managed and governed by Goyal Security Services LLP (hereinafter referred to as “We”, “Us”, “Firm” or “SMTI”). Wherever the terms “You”, “Your” or “User” are used, it shall include any person whether natural or legal/juristic, including but not limited to any company, incorporation, association, partnership, proprietorship or group of individuals who access, browse through, visit or avail the services of the Website. Collectively the User and the website or the Firm may be referred to as the “Parties”.

 

 

1. ENTIRE AGREEMENT

The Privacy Policy as published on the Website is herein incorporated by reference and shall be deemed a part of this Terms of Use from hereon. That, together the Terms of Use and the Privacy Policy shall represent the whole agreement as between the Website or the Firm and the User and shall govern the relationship between the Parties. This agreement shall replace all prior agreements and communications existing between the Parties whether direct, indirect, written or oral.

By accessing, using, browsing through, searching, availing the services or engaging in anything on the Website, You agree to the Terms of Use disclosed herein, You also accept the information practices as per our Privacy Policy and you undertake to comply with all laws applicable and in force as interpreted and enforced within the Raipur District of Chhattisgarh State, India.

Failure to comply with any condition, term or provision contained herein or anything promulgated by these Terms of Use or the Privacy Policy or any such terms or conditions as imposed by the Website or the Firm, by any User, shall result in termination of all licenses granted herein (if any). The date of first use in any way of this Website or its services by any User shall be treated as “Commencement Date” of these Terms of Use.

The Firm shall be at liberty to amend or modify these Terms of Use and the Privacy Policy from time to time on its sole and exclusive discretion without any prior notice or intimation to any User or anyone else. Continued use of this Website in anyway by any User shall constitute the User’s consent too and acceptance of the modified or amended Terms of Use and the Privacy Policy.

 

 

2. WAIVER & SEVERABILITY

Failure to assert any of its rights or wilful ignorance of violation of any of its right by the Firm shall in no circumstances be construed as waiver of such right. In a case where the Firm waives off any of its rights, the waiver shall be restricted to that particular instance (case) and the particular right which is so waived of by the Firm and shall not affect any other rights arising out of the Terms of Use or Privacy Policy.

The provisions contained in these Terms of Use and Privacy Policy shall be severable and in case if any part or provision of the Terms of Use or the Privacy Policy is adjudged to be invalid or unenforceable, the Parties agree that the remaining part and provisions shall continue to be in force and effect, regardless of the part or provision so adjudged to be invalid or unenforceable. Any such provision or part may be amended or reformed by the Firm whenever possible or desirable by the Firm on its sole and exclusive discretion.

 

 

3. OWNERSHIP

Any content available or displayed on the Website or available for download whether for free or a fee or anything shown as a part of an offer for purchase on the Website, is protected by all applicable Intellectual Property Laws including Trademark and Copyright laws and is the exclusive property of the Firm or its licensors. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content (collectively the “Marks”), whether registered or unregistered are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Nothing contained on the Website or within the content shall be construed as giving permission, license or right to use any of the Marks to anyone without prior written consent of the Firm or any third-party owner of any such Marks. Any unauthorized or non-permitted use of any such Marks or any content of the Website in anyway, for any purpose is hereby expressly prohibited. 

 

 

4. LICENSE

You are granted a non-exclusive, non-transferable, limited license to access and use the Website, its services and the content available on the Website for personal non-commercial use for the applicable fees (if any) subject to the terms and conditions contained herein and in the Privacy Policy.

Unless otherwise agreed or permitted by the Firm in writing and in advance, you are hereby prohibited from copying, reproducing, modifying, create derivative works from or store, any Content, whether in whole or in part, contained on the Website. In absence of the said prior written permission from the Firm, you are also prohibited from publishing, transmitting, distributing, displaying, performing, broadcasting or circulating any such Content for any purpose whatsoever.

Any unauthorized or non-sanctioned advertisement, promotional posts and material, junk mail, spam, chain letters, pyramid schemes or solicitation in any other form, for any purpose, on the Website is hereby expressly prohibited. Users are also restricted from posting any inappropriate, offensive, hateful, pornographic, false, misleading, infringing, defamatory or libellous content targeting any person, gender or social or ethnic group or nationalities. The Users hereby undertake to not use the Website for any unlawful purpose whatsoever and to honour all reasonable requests by the Firm or the Website to protect its proprietary rights and interests.

 

 

5. TERMINATION

The Firm and the Website shall be entitled to terminate or suspend any User’s access to the Website or its services, if it is found that any User is in violation of the letter or spirit of these Terms of Use or the Privacy Policy or that their conduct is unlawful, on their sole and exclusive discretion without any prior notice or intimation to such User and without any refund, compensation or monetary reimbursement of any kind for any reason whatsoever. Neither the Firm nor the Website shall under any circumstances be liable to any User or any third-party for termination of User’s access to the Website or its services for any reason.

The only recourse available to Users who do not agree to these Terms of Use or the Privacy Policy is discontinuing the use of the Website. Upon termination of this agreement between the Parties, the User shall be bound to destroy all copies of any material provided by the Firm or the Website in his/her possession and shall refrain from further use of the same.

 

 

6. THE USER’S CONTENT

The Website and the Firm shall be entitled to use the information provided by the Users in their print or electronic publication (“User Content”). However, the Users are hereby assured that their information shall only be used in accordance with the Privacy Policy and in a way so as not to infringe their privacy. Users shall be solely responsible for the accuracy, correctness and authenticity of the information provided by them. The Website shall be entitled to remove, edit, review or delete the User Content if it finds it to be illegal, incorrect, offensive or inappropriate in any way.

The Users are prohibited from entering or distributing any material on or through the Website that is promotional in nature or which results in solicitation without prior written permission or consent of the Website.

The Users shall be liable to indemnify the Firm and the Website including their employees, affiliates and authorized representatives, for any loss, damages, liabilities, costs including but not limited to reasonable attorney fees incurred by them as a result of breach of this Agreement by the User or inaccuracy, falsity, incorrectness or illegality of material or information entered into the Website using User’s account on the Website.

 

 

7. ADVERTISERS

The Website may contain sponsored content and advertisements. Neither the Firm nor the Website shall be responsible or liable for the accuracy, legality, correctness, completeness or contemporariness of the advertisements or the sponsored content and the sponsors of such advertisements or sponsored content shall be solely responsible for the same. The Firm and the Website shall also be immune from any liability arising out of any act or omission on part of the sponsors of such advertisements or sponsored content. The said sponsors shall be liable to indemnify the Firm or the Website including their employees, affiliates and any authorized representatives for any loss, damage, costs or any expense incurred by them including but not limited to reasonable attorney fees because of any fault or defect in the content or advertisement sponsored by them or any act or omission on their part.

 

 

8. LINKS TO OTHER WEB SITES

The Website contains hypertexts, links and addresses to other websites and webpages for the reference and convenience of its Users. These hypertexts, links and addresses may take the Users to different webpages and websites owned and operated by persons, groups or incorporations other than the Firm and are the sole responsibility of their respective owners and managers. 

Neither the Firm nor the Website have any control or ownership on what is displayed on such websites and webpages for any purpose and hence neither of them is responsible for the content available on such websites and webpages. When You choose to click on and visit any such webpage or website, you agree that neither the Firm nor the Website is responsible or liable for the accuracy, correctness or legality of content, services, products or other material on such websites and webpages.

Any reference or display of any names, products, services or marks belonging to or offered by a third-party or presence of their hypertexts or links on the Website, does not constitute any recommendation, endorsement or sponsorship of such third-party or its products or services. The Users are solely responsible for their use or access of any third-party content or products or services and for all related risks of viruses, worms, trojan horses and other harmful material on such websites or webpages.

 

 

9. LIMITATION OF LIABILITY

Under no circumstance or event shall the Firm, the Website or any of its affiliates, employees, agents, suppliers, licensors or any authorized personnel or representatives be liable for any direct, indirect, consequential, incidental, special, punitive or exemplary damages including without limitation to damages for loss of goodwill, use, profits, data or any other tangible or intangible loss related to or arising out of the use of, breach of or inability to use the Website or services provided by the Website, moreover, the said entities and individuals shall also be immune from any liability to compensate any User in any way for any loss, damage or injury caused because of hacking, tempering or unauthorized use or access of User’s account or any information contained therein.

In no case shall the Firm or the Website be liable for any:

  1. Mistake, inaccuracy or error in the content available on Website;
  2. Injury or damage whether direct or indirect, personal or not, caused to any User because of access or use of the Website or its services;
  3. Interruption or cessation of transmission of any content or information contained on the website whether to or from the Website;
  4. Unauthorized or unsanctioned use or access of the Website’s secure servers or any personal information or content contained therein;
  5. Any viruses, bugs or destructive programs or links that may be transmitted through the Website by any third-party;
  6. Offensive, defamatory or illegal conduct of any third-party on the Website;
  7. Relationship or transaction between any User and a third-party provider (affiliates) including breach of terms of such transaction or relationship.

Presence of Professionals or any third-party on the Website or any database maintained by the Website shall not in any case be construed as recommendation, solicitation or endorsement of any such Professional or third-party. Any information about such Professional or third-party shall not be treated as device to confirm their credibility, qualification or abilities.

The Firm and the Website shall not be responsible for mediating or resolving any dispute between any User and any Professional or third-party (affiliate) including but not limited to any Lawyer, CA or CS.

 

 

10. GOVERNING LAW & JURISDICTION

This Agreement shall be entered into by the Parties, governed, interpreted, construed and enforced according to laws applicable within Raipur District of Chhattisgarh State, India, without giving effect to any choice of legal rules and principles. In case of any dispute between the Parties, the same shall be subjected to jurisdiction of appropriate courts within Raipur District of Chhattisgarh State.

Users using, accessing, browsing through or entering into this Agreement in any way from jurisdiction other than India are solely responsible for compliance with the laws in force in Raipur, Chhattisgarh and any local laws applicable. The Users waive all defenses of lack of jurisdiction or inconvenience of forum.

 

 

11. DISPUTE RESOLUTION CLAUSE

It is agreed by the parties that any formation, interpretation, and performance of this policy and any dispute arising out of it will be resolved through two-step Alternative Dispute Resolution (ADR) mechanism. It is further agreed by the parties that this section i.e., resolution through ADR, will survive even after termination or expiry of the Terms of Use or the Privacy Policy.

Mediation- In case a dispute arises between the parties, the parties will attempt to resolve the same amicably between them, through mutual understanding. If the parties are unable to reach a common ground within 30 days of one party communicating of existence of dispute to the other, the dispute will be resolved through arbitration.

Arbitration- The parties agree that when they are unable to resolve the dispute through Mediation, the said dispute will be resolved through arbitration. The parties further concur that the arbitration proceeding will be presided by a Sole Arbitrator, who would be appointed by the Firm on its sole and exclusive discretion. The language for arbitration would be English. The seat of arbitration would be Raipur, Chhattisgarh.

The parties agree that Privacy Policy and any other agreement would be governed by laws, rule and regulations of India. The courts in Raipur, Chhattisgarh shall have exclusive jurisdiction over any dispute arising between the parties. The Users waive all defences of lack of jurisdiction or inconvenience of forum.

 

 

12. NO WARRANTY

All content, information and services provided through the Website are provided on an ‘as-is/as-available’ basis and You use the same at your own volition and risk. Neither the Firm nor the Website provides any warranty whether express or implied regarding satisfactory quality, suitability for any particular purpose or any other implied warranty of merchantability as to the result or outcome You may derive out of Your use of the Website or any such result or outcome You may attain out of a relationship you elect to create with any Professional or third-party through the Website. We do not and neither do any of our employees, agents, licensors or any authorised personnel make any representations or provide any warranty as to the ability of any Professional or third-party to obtain a favourable result for any User. 

The Users are hereby informed that the Firm shall strive to provide the best service to every user but cannot and does not provide any warranty as to the completeness or accuracy of any content or services or that the services provided through the Website will be error-free, uninterrupted or always available. The Users are also informed that they use the Website or avail its services and download the content available thereof on their exclusive and sole discretion and risk.

 

 

13. ANTI-HACKING PROVISION

In addition to the Terms and Conditions put forth in these Terms of Use and the Privacy Policy, the Users agree and undertake not to:

  • Use or attempt to use any computer program such as “scraper”, “deep-links”, “bot”, “robot”, “data mining code”, “computer codes” or any other form of automated system or device, tool, algorithm, methodology, process, program or manual process having similar function, to acquire, extract, monitor, copy or access any portion of the Website or any data or content present on the Website;
  • To acquire or obtain or attempt to acquire or obtain any data, material or information that has not been deliberately made public by the Website by its display on the Website or making it accessible through a link visible on the Website;
  • Bypass or circumvent any system or measure employed to limit or prevent access to the Website or its content;
  • Gain unauthorized access to the Website or any portion of it or to any data, material, information, computer system, network or server associated with the Website through any illegal and or unsanctioned or unauthorized means or violate the Website’s security in any way;
  • Interfere or attempt to interfere with the working of the Website or any portion or functionality of it or with any activity that is carried on through the Website in any way;
  • Carry out any activity or action that imposes or may impose according to the sole discretion of the Firm any unreasonable or large load or burden on the Website or the Firm’s infrastructure.