Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.modelfunds.com (hereinafter referred to as "Website") is owned by AKTA CAPITAL ADVISERS LLP, A LLP INCORPORATED UNDER THE LAWS OF INDIA HAVING REG. NO. AAT-7865, AND ITS REGISTERED ADDRESS AT C/O GAUTAM HARSHADRAI DESAI, HILLA HOUSE, NEAR ICICI BANK, TITHAL ROAD, VALSAD, GUJARAT-396001, INDIA
We may modify these Terms from time to time and such modification will be effective upon posting on this Site. You agree to be bound to any changes to these Terms when you use this Site after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made.
We reserve the right, in our sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
We”, “Us”, “Our” “LLP” shall mean
“Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Website.
“You”, “Your”, “User” refers to the user of the Website. “User” in this context shall mean and refer to the legal / natural entity the LLP has entered into an agreement with to facilitate and provide the User’s access to Research Services and other content available on the Website. It is hereby specified that the term User shall also include legal / natural entities making payment for Investment research analyst services offline through modes of payment other than Internet banking or the payment gateways made available.
“Content” refers to any text, image, graphic, video, audio or all forms of data which are made available on the Website.
Additional Terms may apply when you use / purchase Products or Services on the website. You agree to abide by the terms and conditions imposed us, including payment of all the amounts when due, and comply with all rules and restrictions regarding the Products or Services.
AKTA is a SEBI Registered (………………..) Research Analyst backed by experts who have huge experience in wealth creation in the Indian Stock Market.
User Id And Password
Access to certain areas of the Site is available only to registered Members. To become a registered Member, you are required to answer a limited number of mandatory questions as per the KYC norms. Answers to additional questions are optional. You represent and warrant that all information which you supply to us about yourself and others, is true and accurate.
You are responsible for maintaining the secrecy of your Username and Password. In addition, you will be financially accountable for all use of our Site by yourself and anyone using your password and login information. In the event you provide us with false and inaccurate details, or we have reasonable reasons to believe you have done so, we hold the rights to permanently suspend your account.
By using this website, it is deemed that you have consented to receiving calls, autodialled and/or pre-recorded message calls, SMS, from us or our vendors, at any time, on the telephone number / contact information that has been provided by you even if the contact number you have entered is on DND (Do not Disturb), for the use of this website or our services. We may send inquiry confirmation / intimation, booking confirmation, cancellation, payment confirmation, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of registration / reservation. We may also contact you to clarify your inquiry, seek additional details pertaining to it, etc. The use of this website is also your consent to receive SMSs from us and our vendors at any time, as we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.
You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
Subscription Of Research Analyst Services Is Subject To The Following:
Investments to market risk. One may lose some or all capital. You shall solely be responsible for all trading and investment decisions taken by us.
FREE TRIAL OR PAST PERFORMANCE REPORT ARE PROVIDED MERELY FOR INFORMATION PURPOSES AND SHOULD NOT BE REGARDED AS A PREDICTION OR GUARANTEE OF ANY FUTURE RESULTS. PAST PERFORMANCE HAS NOT BEEN INDEPENDENTLY VERIFIED.
You fully understand the risk involves in investment in security/capital market. You understand that you are taking risks in investing for possible higher returns. You expressly agree to assume such risks. You represent and warrant that you are able to bear investment risks and have the necessary experience and knowledge to understand the risks involved in Investment transactions.
You shall indemnify and hold harmless the directors, partners, representatives, officers and employees for any claim, suit, action, loss, damage, or expense which you may incur as a result of your decision to invest in equities on our recommendations.
You acknowledge that you will exercise your own independent judgment in using any of the information and reports provided by us and that you will conduct your own research into the suitability of your investments as per your Risk Profile Score. You acknowledge that you will exercise your own independent judgment in subscribing the suitable package/s (if any) as per your Risk Profile Score. The payment should be made only from the client’s own bank account / cards You also acknowledge that you will complete the Risk Profile Questionnaire and comply with the KYC norms on time to time.
AKTA may, in its absolute discretion, suspend/hold the research analyst services where the KYC requirements are incomplete or incorrect or showing status as pending in KRA sites. The client will not hold AKTA liable for such incidents.
NRI clients must ensure that stocks recommended by us are not in RBI ban list before investing or executing the order with their trading member.
Content On www.modelfunds.com:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Your use of any information on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website.
The material on this Site is protected by Indian and international copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from www.modelfunds.com without a license or other written permission obtained in advance from the owner of such Intellectual Property, including but not limited to text, audio, video, code and software.
During your visit to this Site, however, you may download the material displayed, for personal use only, provided you retain all intellectual property legends contained in the materials, if any. We neither warrant nor represent that your use of materials displayed on this Site will not infringe rights of third parties not owned by us or affiliated with www.modelfunds.com. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, or copying of the content for commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.
You are strictly prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
You are a restricted user of this website and the services offered by us. You agree not to access (or attempt to access) the website and/or the materials or Services on our platform by any means other than through the interface that is provided by us. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is hereby expressly prohibited.
Without Limiting The Foregoing, The Following Behaviours Are Strictly Prohibited:
Strong, vulgar, obscene or otherwise harmful language.
Racially, ethnically or otherwise, objectionable language.
Harassing, intimidating, stalking or threatening other community members
Libelous, defamatory or otherwise tortuous language.
Impersonation of another person or persons.
Posting, distributing, transmitting or promoting illegal content.
Invasion of another’s privacy.
Actions those are hurtful or harmful to minors.
Posting, providing, transmitting, or otherwise making available any materials or information infringing on the rights of a third party, or information that is misleading.
Posting, providing, transmitting, or otherwise making available any junk mail or spam.
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or our vendor websites or another's computer.
Probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other User or vendor of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Websites or any affiliated or linked sites.
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
We will cooperate with any law enforcement authorities or court order requesting or directing www.modelfunds.com to disclose the identity of anyone posting any such information or materials.
You represent and warrant that (i) you own the content provided by you or otherwise have the right to grant the license set forth below in the subsequent paragraph, and (ii) the providing of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
By displaying or providing information, you hereby grant us a nonexclusive, royalty free, perpetual, global license to publish the content submitted by you to the Forum. You also grant us global nonexclusive adaptation and resale rights over any content and material submitted to www.modelfunds.com. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted "for publication" within www.modelfunds.com, including content submitted. Neither we nor our staff or agents will be responsible for any misleading, false or otherwise injurious information and analysis communicated on www.modelfunds.com or for any results obtained from the use of such information or analysis. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and analysis gained through user-generated content posted on www.modelfunds.com.
The User shall retain all right, title, and interest in and to (i) the Custom Deliverables (but not the Intellectual Property Rights relating to the creation for such Custom Deliverables, including the templates and methodologies for such Custom Deliverables, all of which are deemed to be our IP); (ii) its business, technology, trademarks, ad creatives, campaign parameters, and websites and all other Intellectual Property Rights in materials that are developed and owned by User prior to the date of this Agreement; and (iii) any and all Works that User develops independently that are not derived from or incorporate the Services, Deliverables, or Pre-Existing Materials (collectively, “User Materials”). User grants to AKTA a nonexclusive, fully paid license (A) to use, reproduce, distribute and prepare derivatives of the User Materials for the sole purpose of performing the Services and creating Deliverables/Custom Deliverables for User, and (B) to collect, analyse and prepare derivatives of non-personally identifiable data resulting from User’s use of the Services and to use and distribute such non identifiable data on an aggregate basis with data from several other publishers as long as AKTA does not disclose User’s identity or the identity of persons associated with User.
AKTA’s Intellectual Property
www.modelfunds.com shall own and retain the complete Intellectual Property rights in the (i) Services; (ii) Investment research provided; (iii) all works of authorship, programs, software, code, source code, system design, processes, tools, reports, manuals, supporting materials, drawings, diagrams, flowcharts, documents, materials, technology, trademarks, trade secrets, website(s), modifications, updates and enhancements and concepts (“Works”), any of which existed prior to the date of this Agreement, whether created by or for AKTA; (iv) any and all Works that are developed by AKTA or jointly by User and AKTA; and (v) any and all Works developed by User that are derived from or that incorporate the Services, or Pre-Existing Materials, including all feedback provided by User regarding usability, performance, effectiveness, enhancements, or bugs and all fixes and enhancements based on such feedback. To the extent AKTA is not automatically deemed to be the author, inventor or owner of any AKTA IP, User agrees to assign and hereby assigns, all right, title and interest it may have in any AKTA IP to AKTA, and agrees to execute all documents necessary to effect AKTA’s full ownership in and to all AKTA IP. User appoints AKTA its attorney in fact to execute such documents, which appointment is coupled with an interest and is therefore irrevocable.
AKTA grants User a non-exclusive, non-transferable, limited license to use the AKTA IP only for the purpose of receiving the Services and/or utilizing the Deliverables in accordance with the terms herein as well as other terms on the Website.
www.modelfunds.com may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.
Unauthorized access to registered areas of this Site by non-registered users is strictly prohibited. If you have a user password allowing access to a non-public area of this Site, you may not disclose or share your password with any third party(ies) or use your password for any unauthorized purpose.
DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
This Site, the services and other materials are provided "AS-IS", without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose and that we assume no responsibility for your (in)ability to (or any costs or fees associated with your (in)ability to) obtain access to www.modelfunds.com. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
PROVIDED that the User agrees, accepts and understands that all research analyst Services related work is carried out on a good-faith basis and as per specific understanding / agreement by and between us and the party concerned.
THE WEBSITE MAKES NO WARRANTY THAT
Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free; materials, information obtained and descriptions of services will be effective, accurate or reliable;
Any errors or defects in the website, services or other materials will be corrected;
The services availed shall be available throughout the year, or available at all times; or
Your concerns will be addressed by us to your satisfaction.
No analysis or information, whether oral or written, obtained by you from www.modelfunds.com or through or from its services shall create any warranty not expressly stated in these terms and conditions.
The user understands and agrees that any material or data downloaded or otherwise obtained through the website, including all services related work is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material, data or service. the website accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
In no event shall www.modelfunds.com or its owner be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of www.modelfunds.com or its services even if we have been recommended of the possibility of such damages.
To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. the website also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content.
If, despite the limitation above, we are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then our liability will in no event exceed, in total, the sum of INR 5,000.
This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in VALSAD, GUJARAT-396001, INDIA, in all disputes arising out of or relating to the use of AKTA site/services. Use of the AKTA site/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold www.modelfunds.com, affiliates, officers, Proprietor, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the AKTA site/services.
The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect. Your acceptance of these Terms, and your use of the Site do not create a joint venture, a partnership, an employment, or an agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
Notwithstanding anything else to the contrary, it is hereby specified that any service availed by you shall be subject to specific terms governing such transaction, OVER AND ABOVE the terms set forth herein. If for any reason, the terms in the other policies governing any service product is at odds with the terms herein, the terms set forth there shall be deemed to have prevailed.