The User / Viewer understand and accept that 7icap Services maintains the website – www.7icap.com, or related websites (referred to as “site” or “website” on this page) to provide visitors with information about 7icap Services, its services and products, and to enable visitors to avail its services. You also accept that visitors to the site are required to read the below terms, and the use of the site constitutes your acceptance and agreement to be bound by such terms.
‘7icap Services’ may change these terms and conditions from time to time as communicated and made available on the website. By using this Website or any utility in this Website directly or indirectly you abide by all terms and conditions mentioned herein and that you accept any new or modified and updated terms and conditions that we come up with. If you do not agree to any of the terms mentioned herein, you should exit the site immediately. The term 7icap Services or Website is used interchangeably through this entire Terms of Use document to refer to the websites, its owners and the different divisions, employees, associates and groups of the owner and their respective websites and the online services, including the online Clients & Partners.
Registration, Enrollment and Termination:
By registering at Website or by enrolling as its customer, either as an investor, directly or indirectly through its Partners, you certify that the information you provide, now or in the future, is accurate. 7icap Services reserves the right, in its sole discretion, to deny you access to this Website or any portion thereof without notice for the following reasons (a) immediately by Website for any unauthorized access or use by you (b) immediately by 7icap Services if you assign or transfer (or attempt the same) any rights granted to you under this User Agreement or any Client Agreement or any Partner Agreement that you may have entered with 7icap Services; (c) immediately, if you violate any of the other terms and conditions of this User Agreement Termination or cancellation of this Agreement shall not affect any right or relief to which 7icap Services may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to 7icap Services. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to 7icap Services is non-refundable for any reason.
E-Platform for Communication:
You agree, understand and acknowledge that the website is an online platform that enables you to execute financial products listed on the website at any time from any location. You further agree and acknowledge that 7icap Services is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. The website shall be a strictly bipartite contract between you and the partners on 7icap Services.com.
License:
Subject to your compliance with these Terms of Use and payment of applicable fees, if any, 7icap Services hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access the Website 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. 7icap Services does not grant you to download (other than page caching) or modify it, or any portion of it, except with express written consent of 7icap Services. This licence does not include any resale or commercial use of this website or its contents any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of 7icap Services.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 7icap Services.com without express written consent. You may not use any meta tags or any other "hidden text" utilising 7icap Services or its affiliates' names or trademarks without the express written consent of 7icap Services, as applicable. Any unauthorised use terminates the permission or license granted by 7icap Services.
Your Conduct:
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not 7icap Services, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
• for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
• to use or reuse any material that does not belong to you
• to cause annoyance, inconvenience or needless anxiety
Proprietary Rights, Copyrights & no re-transmission of Information:
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of 7icap Services, its affiliates or its content suppliers and is protected by India copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of 7icap Services and is protected by laws of India. All software used on this website is the property of 7icap Services, its affiliates or its software suppliers and is protected by India / international copyright and author' rights laws. All rights, title and interest in this Website and any content as well as the design and information contained in this site is the exclusive property of 7icap Services, except as otherwise stated. 7icap Services is the sole owner of all the intellectual property including all rights in trademarks, marks, logos, symbols, copyright works, reports, diagrams, patents, designs created or held in the Products, Services, Websites etc. including but not limited to the domain names, the source codes, the database etc.
This Website is only for your personal and non-commercial use and for no other purpose. Nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The content of the Website cannot be amended, copied, reproduced, replicated, republished, uploaded, posted, published, transmitted, displayed or distributed for any non-personal use without obtaining prior written permission from 7icap Services. You may not perform, license, frame, create derivative works from, or otherwise use in any other way for commercial or public purposes in whole or in part any information, reports & formats thereof, presentations of reports, software, products or services obtained from this Website, except for the purposes expressly provided herein, without 7icap Services prior written approval. You may not resell, reproduce, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by 7icap Services prior to such use. You may not rent, lease, sub-license, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share Website, any part or format thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by 7icap Services prior to such use.
In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of Website without prior written authorization except as set forth herein, any other use of the information contained in this site requires the prior written consent of 7icap Services. 7icap Services logo referenced herein are trademarks and service marks of 7icap Services. You may not systematically extract/ or re-utilise parts of the contents of the website without 7icap Services express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without 7icap Services express written consent.
The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written approval of 7icap Services or such third party, which may own the marks. The users of the Websites have no right to use the Intellectual Property in any manner whatsoever except to the extent expressly permitted by 7icap Services. The users of the Websites agree to treat as confidential and privileged all information supplied or received and will not divulge or disclose the same to any third party, except to those authorised by 7icap Services in writing. The users further agree not to use any such information to the detriment to 7icap Services any other entity in any way whatsoever, at any time. The users agree not to make copies of any such confidential information or any part thereof except for their personal consumption within the terms of this agreement. 7icap Services reserves the right to terminate the accounts of Subscribers / Customers / Partners, who violate the proprietary rights. In addition, in case of any act in actual or intentional breach of these terms, directly or indirectly, by any means or modes, you will be liable for actual and punitive damages as determined by 7icap Services and additional damages to be determined by an Indian court of Law.
Security:
Unauthorized use of 7icap Services Website and systems, including, but not limited to, unauthorized entry into our systems, online accounts, Client Desks, Partners & Distributor Desks, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Website in any manner that could damage, disable, overburden, or impair any 7icap Services site or service or interfere with any other party's use and enjoyment of any 7icap Services site, service or online accounts. You may not attempt to gain unauthorized access to any of our site or service and computer systems or networks connected to it, through hacking. You agree that you will not engage in any activities related to this Website that are contrary to the applicable laws or regulations in force. The users of online accounts including Client Desks, Partners & Distributor Desks have the primary responsibility to keep their login-ids and passwords secure and do not display such crucial, important information to any third person. In case of any such leak of login-id & password, we shall not be responsible for the loss of such information, or for any act, omission, damages, claims, loss of personal information, etc. arising from the use of such leakage of login-ids and passwords. 7icap Services may use certain technology on its Websites to collect information from visitors and may compile aggregate statistical information about how visitors use its web sites, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit. 7icap Services uses this information to improve its website content and performance. No individually identifiable information is collected for this purpose and 7icap Services does not monitor individual visitor behavior.
Service Delays:
7icap Services reserves its right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Website and to suspend and/or deny access to this Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. 7icap Services may discontinue or change any product or service or online user accounts described in or offered on this Website or in any modules or parts thereof at any time if deems fit and proper. 7icap Services (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not 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, riots, armed conflicts, acts of war, or other like causes. 7icap Services shall have no responsibility to provide you access to Website while interruption is due to any such cause which is continued.
Liability Disclaimer:
You expressly agree that the use if the website is at your sole risk. The information and materials on this Website may contain typographical errors or inaccuracies. You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of partners or manufacturers nor any breach of conditions, representations or warranties by the partners or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the partners or manufacturers of the products.
We further expressly disclaim any representations (express or implied) of the products listed or displayed or transacted or the content on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with 7icap Services nor shall 7icap Services have any obligations or liabilities in respect of any transactions on the website.
Any dated information is published as of its date only with due care, and 7icap Services does not undertake any obligation or responsibility to update or amend any such information. The information, products and services on this Website are provided on an "as is, with all faults", "where is" and "where available" basis. 7icap Services does not warrant the information or services provided herein or your use of this Website generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. 7icap Services will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you on this Website. Although the information provided to you on this Website is obtained or compiled from sources we believe to be reliable, 7icap Services cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither 7icap Services, nor any of its affiliates, directors, partners, officers or employees, nor any third party vendor, or associates, groups, or other sub-brokers, will be liable or have any responsibility of any kind for any loss or damage or compensation that you may incur in the event of any failure or interruption of this web site, or resulting from the act or omission of any other party involved in making this Website, the data contained herein or the products or services offered on this Website available to you, or from any other cause relating to your access to, inability to access, or use of the Website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of 7icap Services or of any vendor providing software or services. Under this User Agreement, you assume all risk of errors and/or omissions in Website, 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 Website, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analysis of the information under the User Agreement. You Agree that, 7icap Services (Including its and their officers, directors, employees, affiliates, group companies agents, representatives or subcontractors) shall not be, in any event, liable, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or other damages of any kind arising out of the use or inability to use Website for any purpose whatsoever even if 7icap Services or any other such party has been advised of the possibility thereof. 7icap Services and its affiliates, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise to user and/or any third party. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. 7icap Services cannot and does not guarantee continuous, uninterrupted or secure access to this Website.
Links to third party sites:
The links in this Website will allow you to leave our Website. The linked sites are not under the control of 7icap Services. 7icap Services 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 7icap Services of the site.
Indemnification:
You shall Indemnify, Defend and hold harmless 7icap Services (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 Website (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. You hereby expressly release 7icap Services Fintech Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the manufacturers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise. 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 7icap Services. If 7icap Services takes action (by itself or through its associate companies) to enforce any of the provisions of this User Agreement, including collection of any amounts due hereunder, 7icap Services 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.
Other Businesses:
Parties other than 7icap Services may provide services directly or via other means. In addition, we provide links to the websites to partners and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. 7icap Services does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties.
Children:
Use of 7icap Services.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872.
Communications:
When you visit 7icap Services.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your transactions placed on the website.
Losses:
We will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
7icap Services Software Terms:
• Use of the 7icap Services Software
You may use 7icap Services Software solely for purposes of enabling you to use and enjoy the 7icap Services Services as provided by 7icap Services, and as permitted by the Terms of Use, these 7icap Services Software Terms and any Terms. You may not incorporate any portion of the 7icap Services Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the 7icap Services Software or otherwise assign any rights to the 7icap Services Software in whole or in part. You may not use the 7icap Services Software for any illegal purpose. We may cease providing any 7icap Services Software and we may terminate your right to use any 7icap Services Software at any time. Your rights to use the 7icap Services Software will automatically terminate without notice from us if you fail to comply with any of these 7icap Services Software Terms, the Terms of Use or any other Terms. Additional third party terms contained within or distributed with certain 7icap Services Software that are specifically identified in related documentation may apply to that 7icap Services Software (or software incorporated with the 7icap Services Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any 7icap Services Service is the property of 7icap Services and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
• Use of Third Party Services
When you use the 7icap Services Software, you may also be using the services of one or more third parties, such as a data providers or KYC verification service provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
• No Reverse Engineering
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the 7icap Services Software, whether in whole or in part, or create any derivative works from or of the 7icap Services Software.
Updates:
In order to keep the 7icap Services Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Entire Agreement:
This User Agreement constitutes the entire agreement between the parties, and is inclusive of any other written agreement existing between you and 7icap Services. By using the information on Website, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. 7icap Services 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 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, 7icap Services or other of the purchase or sale of securities. The Service is provided “as is,” without warranty of any kind, either express or implied, including without limitation, any warranty for information, Data, Services, uninterrupted access, or products provided through or in connection with the service. Specifically, 7icap Services disclaims any and all warranties, including, but not limited to: (a) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services; and (b) any warranties of title, warranty of Non-infringement, warranties of merchantability or fitness for a particular purpose. The disclaimer of liability applies to 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 record, whether for breach of contract, tort, negligence, or under any other cause of action. Neither 7icap Services nor any of its directors, employees, agents, successors, assigns, affiliates, group companies or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such countries, the respective liability of 7icap Services, its directors, employees, agents, successors, assigns, affiliates, group companies and content or service provider’s respective liability is limited to the amount provided under said law. Further, you agree and understand that all services provided are non-refundable and that you should carefully consider whether our services are able to meet your needs. Transactions between user of this site and 7icap Services shall be governed by and construed in accordance with the laws of India, without regard to the laws regarding conflicts of law. Any litigation regarding this agreement or any transaction between customer and 7icap Services or any action at law or in equity arising out of or relating to these agreement or transaction shall be filed only in the Competent Courts of Mumbai and the customer hereby acknowledges, agrees, consents and submits to the jurisdiction of such courts for the purpose of litigating any such action.
Jurisdiction:
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 Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of Use, including without limitation in this paragraph.
