TERMS OF SERVICE
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS ‘TERMS OF SERVICE’ AND OUR ‘PRIVACY POLICY’. VALUEHACKER TECHNOLOGIES PRIVATE LIMITED (VTPL) MAY MODIFY THESE ‘TERMS OF SERVICE’ FROM TIME TO TIME AND SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING AN UPDATED ‘TERMS OF SERVICE’ ON THE SERVICES WITH OR WITHOUT ANY NOTICE TO YOU. WE WILL UPDATE THE "LAST UPDATED DATE" IN THE ‘TERMS OF SERVICE’. YOU AGREE TO BE BOUND BY ANY CHANGES TO THESE ‘TERMS OF SERVICE’ WHEN YOU USE THE SERVICE AFTER ANY SUCH MODIFICATION IS POSTED. YOU ARE RESPONSIBLE FOR REVIEWING ANY APPLICABLE CHANGES. PLEASE READ THEM CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE ‘TERMS OF SERVICE’, YOU MUST NOT ACCESS OR USE THE VALUEHACKER SERVICES.
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DEFINITIONS
- “VALUEHACKER", “company”, "we", "us", or "our" shall mean, VALUEHACKER TECHNOLOGIES PRIVATE LIMITED, a company registered under Companies Act 2013, located at A/804, Siddhi Enclave, Nanda Patkar Road, Vile Parle East. Mumbai – 400057.
- "Users", "You", "Your" shall mean and include the Companies who will have access to the Platform for availing the Services.
- "Platform”, means and includes www.moneyuncle.com and our mobile apps (Android & iOS) developed and owned by VALUEHACKER TECHNOLOGIES PRIVATE LIMITED, to enable the Users to avail the Services through the Platform.
- "Services" shall mean services offered through the Platform to the Users. MoneyUncle is a Stock Market Idea Sharing & Learning Platform. We connect users to top market experts. Users can access trading/investment ideas and learning content shared by the experts on the platform.
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PARTIES TO THIS AGREEMENT
- Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Users," are parties to this agreement.
- If User is accessing and/or using the Platform on behalf of User’s employer or as a consultant or agent of a third party (collectively your company), Users represent and warrant that they have the authority to act on behalf of and bind his company to the ‘Terms of Service’ and everywhere in this ‘Terms of Service’ that refers to User, shall also include User’s company.
- The Company together with its subsidiaries are the IP creators of this Platform and accordingly its owners and/or operators are parties to this Agreement.
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PRIVACY POLICY
The Company respects the privacy of its users. Please refer to the Company’s Privacy Policy (moneyuncle.com/privacy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you acknowledge your agreement to the Privacy Policy as well as these Terms of Service.
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SCOPE OF SERVICES
The Platform will connect Users to top Stock market Experts which includes Registered Investment Advisor(RIA)/Research Analysts (RA), Financial Influencers, Content Creators, Mentors and Trainers. The Platform runs as a marketplace and thus does not require to be registered under the SEBI Act. The services to be provided by the RIA/RA Experts shall be subject to the activities permitted under the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013.
- Platform shall provide below services and product features to users :
- Theme and strategy focussed Idea channels for getting actionable trading and investment ideas across different financial instruments.
- Users can access these ideas with monthly or single plan subscription (Super Access).
- Idea Channels are offered by SEBI RIA & SEBI RA Experts who are handpicked and curated after doing thorough due diligence, in-person interview and hygiene checks by our team.
- Users can also access educational and informative content created by SEBI Registered Investment Advisors(RIA), SEBI Research Analysts (RA), Financial Influencers, Content Creators, Mentors and Trainers to help users understand how stock market works and other related concepts.
- Paid users can also get real time updates on Buy, Sell & other Follow up SIGNALS via In-App Push, E-mail, SMS & WhatsApp notifications.
- Platform shall provide below services and product features to users :
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SUBSCRIPTION SERVICE & PAYMENTS
- MoneyUncle is a stock market idea sharing & learning platform. As a platform, we act as a marketplace and are not SEBI registered investment advisors (RIA). All experts managing idea channels on our platform are SEBI RIA and RA’s. They are handpicked and curated by the Company after due-diligence and hygiene checks in our Partner Program.
- MoneyUncle Expert Partners offer their idea channels as a free & paid content service on our marketplace platform for ‘Subscription Fees’.
- MoneyUncle Experts have a contractual arrangement with the Company which owns the platform in use (MoneyUncle website/apps). In furtherance to this the Company collects fees from users and passes it on the Experts as per the agreed arrangement.
- Super Access Feature : Access to paid content is restricted and users need to pay for these ideas and idea channels via ‘Super Access’ subscription.
- Type of Plans : Super Access subscription is available on ‘Single Plan - Pay per Idea’ or ‘Monthly Plan’ basis for different experts.
- How Monthly Plans work :
- Subscription Fees for ‘Monthly Plans’ will be prepaid at the start of the subscription period.
- Some of these ‘Monthly Plans’ are auto-renewal subscriptions where the plan automatically renews at the end of each expiry period unless auto-renew is canceled by the user.
- These Subscriptions can be managed by the user and auto-renewal may be canceled from the ‘My Super Access’ section on the app at any time.
- On cancellation, the auto-renewal is stopped but current plans remain active till the end of the current expiry period.
- No Refunds are admissible for the remaining period of the current period on cancellation.
- Any discount coupons applied on a subscription payment will be applicable only for the first period and subsequent charges from next period onwards will apply at the full price.
- Change in Subscription Fees : Subscription Fees may be subjected to change in future. Any change to the fees for ‘Monthly Plan’ subscriptions will be effective as of the commencement of the Subscription Period immediately following such change. The client will get the required intimation of the same on their email.
- Invoice : The Company will send an invoice evidencing payment of Subscription/Advisory Fees to User’s registered email address along with relevant details.
- Payment Collection :
- Subscription fees shall not be accepted in cash and have to be electronically transferred via the payment gateway on the platform.
- Our purchase and checkout process is powered by our third party payment gateway partner - (Razorpay - “Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement.
- You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms.
- You agree to make payment using the payment method you provide with your Account.
- We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received
- Client - Investment Advisor Agreement :
- User have to sign a ‘Client-Investment Advisor Agreement’ to avail paid services of SEBI RIA/RA Experts as per SEBI (Investment Advisors) Regulations, 2013.
- As a marketplace, we will enable and facilitate users and experts to sign the agreement and complete risk profile questionnaire using digital modes.
- Users are subject to the terms, conditions and privacy policies as mentioned in the ‘Client -Investment Advisor’ agreement of the Experts.
- Refunds and Cancellations :
- Except as provided in these Terms, all subscription fees prepaid by you are non-refundable.
- If you wish to cancel your subscription, you may do so by selecting the cancel option for Subscription within your ‘My Dashboard’ or by contacting us at support@moneyuncle.com
- Once we process your cancellation request you will not be charged for future Subscription Periods, your access to the specific paid service will continue until the end of your current Subscription Period.
- The Company reserves the right to cancel your subscription for Services at any time for any reason or no reason. If we cancel your subscription for any reason other than your failure to pay or breach of these Terms (or any other terms you have agreed to with the Company) you will receive a pro-rated refund of the fees you prepaid, if any. Your refund will consist of all pre-paid fees for each complete month remaining in your Subscription Period.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
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USER CREATION & USER CONSENT & USER RESTRICTIONS
- Registration
- Registration via OTP based verification on mobile number is mandatory to access our service.
- By registering with us, you hereby agree to create an account with us and to receive personalized updates from the Company.
- We may hold you liable for any losses incurred by the company or any other party due to someone else’s use of your account.
- You agree to notify the company by writing to support@moneyuncle.com immediately upon becoming aware of any unauthorized use of your account or any other breach of security involving your account.
- Company will not be liable for any loss that you or any other party may incur as a result of someone else’s use of your account, either with or without your knowledge.
- User Consent
- You represent, warrant, and agree that no content/details shared on the Platform ("User Content"), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
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User grants the Company a personal, limited, revocable, non-transferable and non exclusive right to use
your data for providing the Services. User also grants the Company the right (i) to display User data like Photo,
Name etc. on the Platform (ii) promote or distribute it for the access of other Users and Experts
The following PII data shall be collected from users :
USER DATA TO BE USED FOR Photo Display Picture of your account Name Account Name on our platform Email ID, Phone number To send you OTP, updates and real time notifications only Location, Gender, PAN, Date of Birth Mandatory requirements by SEBI when you sign an agreement with RIA/RA Experts
- User Restrictions
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Users further agree not to use the Platform, or any part thereof,
- To "stalk" or harm any other Users or any other person in any way;
- Impersonate any person or entity, including, but not limited to, Company officer, director, or representative, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
- Users will not violate any local, state, federal, national, rules or regulations.
- Use the Service for any unlawful purpose or for the promotion of illegal activities;
- Attempt to, or harass, abuse or harm another person or group;
- Use another user’s account without permission;
- Intentionally allow another user to access your account;
- Provide false or inaccurate information when registering an account;
- Falsify headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;
- Disrupt the normal flow of dialogue in a forum;
- Interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
- Use any automated procedure to gather information or data on or from the Platform by means of what is commonly called a "bot" or otherwise;
- "Hack" infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Platform;
- Harvest, collect or store information about the other Users or the User Content posted by others on the Platform or use such information for any purpose inconsistent with the purpose of this Platform;
- Breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Platform or that of any third party that is hosting or interfacing with any part of the Platform or use or distribute on the Platform software or other tools or devices designed to compromise privacy or security; or
- Create any frames at any other Platform pertaining to or using any of the information provided through the Platform, or promote bonus items, giveaways, random drawings, contests or prizes on the Platform.
- Upon registration, the Company grants you a non-exclusive, non-transferable, non-assignable, personal license to access platform content (for both free and paid content). This license does not allow you to reproduce our content through any medium electronic or mechanical. Unauthorized reproduction and/or distribution of our data/content will make you liable for prosecution and paying damages.
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Users further agree not to use the Platform, or any part thereof,
- Registration
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COOKIES & THIRD PARTY TECHNOLOGIES
- We may use cookies and third party service providers to help us analyze certain online activities. These service providers may help us analyze user activity and behavior on the Site/App. We may permit these service providers to use cookies and other technologies to perform these services for us.
- We also use some marketing cookies provided by third parties to collect and analyse various information about the users of the service. No personal or intrusive information is collected in this process though.
- To make our Site, App and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), and domain name.
- If you are logged into the Site or Services, the information collected via technology as described in this Section may be associated with your Personal Information and will, accordingly, be treated as Personal Information in accordance with the Privacy Policy.
- Disclaimer: Some of the platform features and services may not function properly if your cookies are disabled.
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COPYRIGHT AND TRADEMARK NOTICE
- MoneyUncle logo and other trademarks of the Company including unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights.
- User agrees that User will not use contents of the Platform to infringe the Intellectual Property Rights of the Company in any way.
- User must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of the Company Software, third party software, or any Content accessed on the Platform.
- All contents of the Platform are: Copyright 2021 VALUEHACKER Technologies Private Limited. All rights reserved.
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CONTENT AVAILABLE
- User acknowledge that the Company does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, audio files or other sounds, photographs, videos, or other images (collectively, the "Content") which User may have access to as part of the Services, or through User’s use of this Platform.
- Under no circumstances, the Company shall be held liable for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform.
- Users understand that by using this Platform, Users may be exposed to Content that is offensive, indecent, or objectionable.
- User agrees that User shall be solely responsible for reuse of Content made available through the Platform.
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INDEMNITY
- User agrees to hold harmless and indemnify the Company, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, without limitation, from and against any claims arising from or in any way related to the use of the services by the Users, uploading User information, violation of any third Party rights pertaining to any intellectual property rights or confidential information, violation of these Terms of Service or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
- In such a case, the Company will provide the User with written notice of such claim, suit or action.
- The Users waive all rights to claim damages that may have been caused to them by visiting and/or using this Platform.
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INTELLECTUAL PROPERTY
- Users represent and warrant that all User Content that Users posts to the platform shall be User’s wholly original material (except for material that User are using with the permission of its owner), and does not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
- This is an Agreement for access to and use of the Services, solely during the Term, and Users are not granted a license to any software by this Agreement. The Service is protected by intellectual property laws. By using the platform, Users acknowledge and agree that the Company is the owner of all Intellectual Property Rights relating to the platform and any other materials provided or made available to User under this Agreement. Nothing in this Agreement shall transfer any ownership or proprietary interest in the platform’s Intellectual Property Rights to Users.
- The Company retains all ownership rights of the platform’s software. Users agree not to copy, rent, lease, sell, distribute, alter, or create derivative works based on the Company’s Platform in whole or in part, by any means, except as expressly authorized in writing by the Company. MoneyUncle logo and other marks that the Company uses from time to time are the Company trademarks and Users shall not use them without Company’s prior written permission.
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LIMITATION OF LIABILITY
- User understands and agrees that the Company shall not be liable to the user for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from:
- The use or the inability to use its service;
- Procurement of goods and services, information obtained or messages received or transactions entered into through or from the platform and/or its service;
- Statements or conduct of any third party on the service; or
- Any other matter relating to the platform and/or service.
- Any changes which the Company may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
- Your failure to provide the Company with accurate account information.
- User understands and agrees that the Company shall not be liable to the user for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from:
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GENERAL INFORMATION
- Entire Agreement: The Terms of Use and the Privacy policy referenced herein constitute the entire agreement between the User and the Company and govern User’s visit and/or use of the Platform and the services, superseding any prior agreements or any other agreements, terms and conditions between User and the Company. User may be subject to additional terms and conditions that may apply when the User uses or purchases certain other services, affiliate services, third-party content or third-party software. Any person can use and participate in our website/mobile apps as long as he or she is a major i.e., attained the age of 18 years and capable of entering into a legal contract as per the laws in India.
- Choice of Law and Forum: The Terms of Use and the relationship between User and the Company shall be governed by the laws of India without regard to its conflict of law and provisions. Any cause of action or claim User may have with respect to the Services or the Platform must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action shall be deemed to be barred. Users of the Platform agree to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to the Platform, its terms of use and privacy policy. Arbitration shall be conducted pursuant to the rules and regulations of “Indian Arbitration and Conciliation Act 1996”. Arbitration shall take place in English language and the seat of arbitration shall be at Mumbai, India. The users to the Platform hereby agree and submit themselves to the Arbitration and to the jurisdiction of the courts of Mumbai, India for enforcing the arbitration award. Pursuant to the acceptance of arbitration, in no case shall the user, viewer, visitor, member, subscriber or customer have the right to go to the court and such rights are hereby waived by the users.
- Waiver and Severability of Terms: If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. Any rights not expressly granted herein are reserved.
- Assignment: User may not assign any of User’s rights in these Terms, and any such attempt is void, but the Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services
- Force Majeure: Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.
- No agency relationship: Users agree that no joint venture, partnership, employment, or agency relationship exists between User and the Company as a result of these Terms of Service or User’s use of the Platform and the Services.
- CONTACT US If you have any questions regarding this Terms of Use or the practices of this Site, please contact us by sending an email to support@moneyuncle.com
Date of Last Revision: 31st March, 2022