If you do not agree to these terms, you agree that your sole and exclusive remedy is to discontinue using the Website. Your compliance with these terms is a condition to your right to access the Website. Your breach of any provision of these terms will automatically, without the requirement of notice or other action, revoke and terminate your right to access the Website.
(i) https://Hedgekart.com/ ("Website") is an internet-based portal/platform owned and operated by Hedgekart to provide technology solutions for financial products and alternate investment opportunities. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Hedgekart at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
(ii) You agree that Hedgekart may, at any time, modify or discontinue all or part of the Website or the services thereunder. Hedgekart shall not be required to notify You, whether as a registered user or otherwise, of any changes made to its Website or the services thereunder.
(i) The Website is an internet based online platform/portal to provide technology solutions for financial products and alternate investment opportunities ("Services").
(ii) You agree and acknowledge that Hedgekart is merely acting as an intermediary and facilitating the requirements of the Users registered on the Website and not borrowing or lending nor providing or arranging any credit enhancement or credit guarantee.
3. Eligibility to Use
(i) Any individual who is capable to form a binding contract under the laws of India and any legal entity incorporated/formed under the laws of it can register on the Website.
(ii) The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from Hedgekart system by Hedgekart for any reason whatsoever. If you do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Hedgekart through Your legal guardian in accordance with the applicable laws. You agree and acknowledge that We shall, in no event, be liable to verify your age or extent of parental guidance.
(iii) You acknowledge that Hedgekart reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without any reasons for doing so.
4. User Account, Password, and Security
(i) You shall avail the Services made available by Hedgekart either by creating an Account (“Registered User”) or without an Account (“Free User”). However, You acknowledge that, being a Free User You may not be able to enjoy all the Services as provided by Hedgekart.
(iii) You acknowledge that You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your User Account. You agree to (a) immediately notify Hedgekart of any unauthorised use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your User Account at the end of each session. Hedgekart cannot and shall not be liable for any loss or damage arising from Your failure to comply with this Section. Further, You understand that You may be held liable for losses incurred by Hedgekart or any other user of or visitor to the Website due to authorised or unauthorised use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
(iv) You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
(v) If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Hedgekart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hedgekart has the right to suspend or terminate Your User Account and refuse any and all current or future use of the Website (or any portion thereof).
5. User Obligations
(i) You agree to use the website and Services only for lawful purposes. Further, You agree not to take any action that might compromise the security of the website or the Services, or render the website or Services inaccessible to others or otherwise cause damage to the website or Services.
(ii) You agree not to add to, subtract from, or otherwise modify the website or to attempt to access any Services or to use the website or the Services in any manner that might interfere with the rights of third parties. Hedgekart reserves the right to monitor your use of the website as well as your investment activities by use of the Services availed from the website. (iii) During the use of the website or Services offered on the website, You shall not post, host, display, upload, modify, publish, transmit, update or share any information that:
a) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
c) Upload files, material or any information in violation of the intellectual property rights of another person;
d) Upload files, material or any information in violation of any confidentiality agreement with respect to a third party;
e) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
f) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
g) Attempt to gain unauthorised access to any portion or feature of the Website, any other systems or networks connected to the Website, to any of Jiraaf’s server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor 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 customer of Hedgekart, including any Hedgekart 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;
i) 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/App or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
l) Violate any code of conduct or other guidelines or applicable laws in India, which may be applicable for or to any particular Service;
(iv) You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by:
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
(v) You should take all responsibility for your own actions in utilizing the Services and Hedgekart shall not be liable for any such action.
(vi) You are solely responsible for the content and information shared by You on the website, specifically the content You post or upload including but not limited to, videos, photographs, images, comments, data, text, other material and information, and associated trademarks and copyrightable works. Hedgekart does not endorse and has no or limited control over such contents. Content is not necessarily reviewed by Hedgekart prior to posting and does not necessarily reflect the opinions or policies of Hedgekart. Hedgekart makes no warranties, express or implied, as to the such contents or to the accuracy, integrity and reliability of such contents or any material or information that You transmit to other Users.
(vii) You agree to strictly adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website in accordance with the terms hereof.
(viii) You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Hedgekart. You shall not use any 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 (as defined below), 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.
6. Use of Materials and Intellectual Property Rights
(ii) The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Hedgekart. You shall not use the Marks, in any manner whatsoever, without the prior consent of Hedgekart.
(iii) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, You understand and agree that Jiraaf owns all intellectual property rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
(iv) Except as expressly provided herein, You acknowledge and agree that You shall not use, in any manner whatsoever, any Content through any medium without obtaining the necessary authorization from Hedgekart or thirty party owner of such Content. You agree that by use of the Website or by availing the Services You shall not obtain any right or interest on the materials and Content.
(v) You also acknowledge that any violation of the intellectual property rights of Jiraaf may expose You to legal proceedings in this regard.
(vi) Except as expressly indicated to the contrary in any applicable Additional Terms, Hedgekart hereby grants You a non-exclusive, freely revocable (upon notice from Hedgekart), non-transferable access to view, download and print the contents or any other materials available on the Website, subject to the following conditions:
b) You shall not modify or alter any Content or any other materials available on the Website.
7. Modification in Terms
8. Third Party Content
(i) The Website makes available general third party information such as, product and service catalogues, advertisements including videos, images and photographs of various products and/or services and other data from external third party sources including web-site links ("Third Party Content"). The provision of Third-Party Content is for general informational or advertisement purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable. Hedgekart does not provide any guarantee with respect to any Third-Party Content and Hedgekart shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
9. Disclaimer of Warranties & Liability You expressly understand and agree that, to the maximum extent permitted by applicable law:
(i) the Website, Services, Content and other materials are provided by Hedgekart on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of accuracy, reliability or fitness for a particular purpose.
(ii) Without limiting the foregoing, Hedgekart makes no warranty that (a) the Website or the Services will meet Your requirements or Your use of the Website or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, Services or materials will be effective, accurate or reliable;
(iii) Hedgekart also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
(iv) Upon registering on the Website, You are responsible for maintaining the confidentiality of Your User Account or Account Information in connection with the Website (identification and password information), and for restricting access to your computer. You agree to accept responsibility for all activities that occur under Your member identification and password and Hedgekart will not be liable for any loss that You may incur as a consequence of unauthorised use of Your User Account or Account Information in connection with the Website or any Services or materials, either with or without Your knowledge.
(v) Hedgekart has endeavoured to ensure that all the information on the Website is correct, but Hedgekart neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information or service.
(vi) Hedgekart shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Hedgekart's control.
(vii) The advertisement available on Website or sent through e-mail to You with respect to the third-party website or the products and services are for information purpose only. Hedgekart shall not be liable for such third-party products or service or content.
10. Indemnification and Limitation of Liability
(iii) In no event shall Hedgekart, its officers, directors, employees, partners, suppliers or any other person(s)/entity(ies) associated/connected with it be liable to You for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
(iv) The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws in India.
(iii) Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your User Account (or any part thereof); and (iii) barring of further use of the Services.
a) Hedgekart is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
b) The provision of the Services to You by Hedgekart is, in Jiraaf's opinion, no longer commercially viable;
c) Hedgekart has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
(iii) Hedgekart may also terminate or suspend all or a portion of Your User Account or access to the Services with or without reason.
(iv) You agree that all terminations shall be made at the sole discretion of Hedgekart and that Hedgekart shall not be liable to You or any third party for any termination of Your Account (and acJiraafing deletion of Your Account Information), or Your access to the Website and Services.
13. Governing Law
16. Policy on Pricing of Product(s)/Service(s) Registering on our Website is free for users. Hedgekart does not charge any fee for browsing its Website, however since we are an alternative investment facilitation platform we charge for investment opportunities facilitated from our platform and pricing of each opportunity listed differs from one to other. All prices are inclusive of applicable taxes and levies, if any. For detailed pricing of currently listed opportunities please explore the ‘Opportunities’ tab of our Website.
17. Policy on Refund & Cancellation Hedgekart is an alternative investment facilitation platform as such refunds and cancellations are not applicable. Investing in opportunities listed on our platform is your independent call and as such you can choose to withdraw from investing anytime before making payment. Your mere browsing of our Website, perusal of investment opportunity listed or showing interest to invest in investment opportunity(ies) listed on Website does not create any contractual right/obligation whatsoever unless and until you make the payment of price mentioned on Website. Further, we do not warranty subsequent availability of an investment opportunity for which payment of price is not completed.
18. Communications (i) Upon your express consent by way of clicking on the check box provided by Hedgekart for this purpose, You expressly agree to receive communications (including promotional materials) by way of telephones, SMS, e-mails from Hedgekart relating to any Services provided through the Website.
19. General Provisions
(v) Relationship: You shall not be deemed either directly or indirectly to be the employer, franchiser, contractor or principal of Hedgekart or of the associates, representatives, staff/employees of Hedgekart and these Terms have been executed expressly and solely on a principal-to-principal arrangement.
Last Updated on 10 June, 2022.