1. Site Ownership
Trikaal Capital owns and operates the Site.
3. Your Access
In order to use the paid services of the Site and the Trikaal Capital Services, you will be assigned a user identification (“User ID”) and password (your “Password”). You are responsible for all activity occurring through the use of your Password. In addition, you are responsible for keeping your User ID and Password confidential and you agree not to disclose your User ID or Password to others. You agree to notify Trikaal Capital immediately of the actual or suspected unauthorized use, unauthorized disclosure, or theft of your Password. You agree that Trikaal Capital is not responsible for any loss to you arising from your breach of your responsibilities hereunder. You must be at least eighteen years of age to access the Trikaal Capital Services.
4. Information You Provide
You are responsible for the accuracy, timeliness, and completeness of all information provided to Trikaal Capital in connection with your use of the Site and any Trikaal Capital Services. Trikaal Capital is not responsible for any claims relating to any inaccurate, untimely or incomplete information you provide to Trikaal Capital.
5. Permitted Use
You may make a single copy of pages from the Site on your hard drive or in print for your own personal, non-commercial use, provided that you do not alter or remove any copyright, trademark, or other proprietary notice contained in the copy.
6. Your Conduct
You agree not to use the Site, or any links to or access to any other websites from the Site, to:
- resell or transfer any Trikaal Capital Services or use or access to the Trikaal Capital Services; or
- restrict or inhibit any other user from using and enjoying the Site or interfere or invade the privacy of other users of the Site or any third parties; or
- impersonate, or otherwise misrepresent your affiliation with any other person or entity; or
- modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including content) appearing on the Site; or
- post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component; or
- copy, post, publish, transmit, reproduce, modify, create derivative works of, distribute or in any way exploit any information, content, software, component or other material obtained through the Site or any Trikaal Capital Services (other than as expressly permitted in Section 5 of these Terms of Service); or
- reverse engineer, decompile, disassemble or decode the Site, or otherwise derive or attempt to derive any source code or algorithms from the Site; or
- post or transmit information, content, software, components or other material onto the Site or Trikaal Capital Services which will infringe the intellectual property rights or other proprietary rights, of any third party; or
- post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; or
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Trikaal Capital) or engage in spamming or flooding; or
- stalk or harass another user; or
- collect or store data about another user; or
- attempt to use any other user’s User ID or Password; or
- attempt to transmit to the Site electronic mail messages that could impair or interfere with the operations of Trikaal Capital or the Site; or
- violate or facilitate any violation of any applicable local, state, national, or international law, statute, regulation, code, or ordinance; or
- use the Trikaal Capital Services to send or post on any place on the Site any message that includes the unauthorized posting of material, non-public information about companies, an offer to buy or sell any security that violates applicable securities law, including the regulations of governmental agencies including, without limitation the Securities and Exchange Board of India, or that violates the rules of any national or other securities exchange, including without limitation the National Stock Exchange and the BSE.
Any conduct by you that violates any of the above obligations or is in any way contrary to these Terms Of Service may result in the suspension or termination of your access to the Site or to any of the Trikaal Capital Services, at the sole discretion of Trikaal Capital, in addition to any other remedies set forth herein or otherwise applicable in law or equity.
7. Monitoring of the Site
Trikaal Capital has no obligation to monitor the Site. However, you acknowledge and agree that Trikaal Capital has the right to monitor the Site electronically from time to time and to disclose any information as it deems appropriate to satisfy any law, regulation, or other governmental request, to operate the Site and the Trikaal Capital Services properly, or to protect itself or other users of the Site.
8. Notice of Trikaal Capital’s Trademark Rights, Copyright and Rights in Proprietary Materials
The Trikaal Capital service mark and logo are service marks of Trikaal Capital and any third party trademarks, service marks, logos and trade names appearing on the Site or any Trikaal Capital Service are the property of their respective owners. You acknowledge the rights of Trikaal Capital and the respective third parties in those marks and, further, that you have no right or authorization to copy or use any of those trademarks, service marks, logos, or trade names in any way. In addition, the Site and the Trikaal Capital Services may contain material protected by copyrights, patents, or other proprietary rights and laws, including, but not limited to, text, software, photos, videos, graphics, images music and sound (collectively referred to herein as the “Proprietary Material”) and such material is owned by Trikaal Capital or licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of Trikaal Capital and/or the relevant right holder.
In the event that you believe, in good faith, that any materials on the Site or the Trikaal Capital Services infringe your copyrights, notifications of claimed copyright infringement should be sent to Trikaal Capital.
9. Financial Advice
Readers are advised to consult experts before taking any investment decision and Trikaal Capital holds no responsibility for any losses that may arise due to investment decisions made on the basis of information given on the Site or by Trikaal Capital Services.
You agree that you are responsible for your own decisions about financial matters and that you will not hold Trikaal Capital liable for any damages relating to your finances, whether relating to data, opinion, or other information provided on the Site.
By agreeing to these Terms Of Service, you agree to indemnify, defend and hold harmless Trikaal Capital, its owners, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively “Trikaal Capital and Affiliates”) from and against any claim, loss, expense, or demand or liability, including attorneys’ fees and costs, incurred by Trikaal Capital and Affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials or content you submit, post to or transmit through the Site, and (ii) your use of the Site or the Trikaal Capital Services in violation of these Terms Of Service or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. Trikaal Capital and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Trikaal Capital. You further agree to hold harmless Trikaal Capital and Affiliates from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
11. DISCLAIMER OF WARRANTIES
12. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT, EVEN IF TRIKAAL CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES SHALL TRIKAAL CAPITAL AND AFFILIATES BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR THE TRIKAAL CAPITAL SERVICES, INCLUDING WITHOUT LIMITATION (A) YOUR USE OR INABILITY TO USE THE SITE AND ANY TRIKAAL CAPITAL SERVICES, (B) YOUR USE OR RELIANCE ON ANY INFORMATION CONTAINED ON THE SITE OR THE TRIKAAL CAPITAL SERVICES, OR (C) ANY PRODUCTS OR SERVICES ADVERTISED ON THE SITE OR IN RELATION TO THE TRIKAAL CAPITAL SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH TRIKAAL CAPITAL IS TO STOP USING THE SITE AND/OR THE TRIKAAL CAPITAL SERVICES. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT TRIKAAL CAPITAL’S AND AFFILIATES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
13. Links from and to the Site
The Site and the Trikaal Capital Services may contain advertisements and links to websites controlled, owned, and operated by third parties. You acknowledge and agree that Trikaal Capital cannot control and has no responsibility for the accuracy or availability of information provided by linked sites and has no responsibility for your transactions based on or related to the advertisements and links. You further acknowledge that use of any websites controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by these Terms Of Service. Links to external websites (including external websites which are framed by Trikaal Capital) or inclusions of advertisements do not constitute an endorsement by Trikaal Capital of such sites or the content, products, advertising or other materials presented on such sites, but are for your convenience and you access them at your own risk.
You acknowledge and agree that Trikaal Capital may suspend or terminate these Terms Of Service at any time and for any reason, including for no reason at all, without prior notice. The relevant version of these Terms Of Service shall continue to apply to all prior use of the Site and any Trikaal Capital Services. Sections 10, 11, 12, 14 and 15 of these Terms of Service shall survive termination of this Agreement for any reason.
15. General Provisions
Failure by Trikaal Capital to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. These Terms Of Service, and all other aspects of your use of the Site and/or the Trikaal Capital Services, shall be governed by and construed in accordance with the laws of the Laws of India, and the Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement. With regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms Of Service constitute the entire agreement between you and Trikaal Capital with respect to the Site and the Trikaal Capital Services provided on the Site and supersedes all prior agreements or understandings, whether written or oral, between you and Trikaal Capital with respect to the Site and the Trikaal Capital Services provided on the Site. If any provision of these Terms Of Service is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining portions of these Terms Of Service shall remain in full force and effect. These Terms Of Service shall inure to the benefit of Trikaal Capital, its successors and assigns.