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Terms & Conditions

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE ("TERMS") BEFORE USING THIS WEBSITE.

By continuing to access, link to, or use this Website, or any service on this Website, you signify YOUR ACCEPTANCE OF THE TERMS. Optimix Technologies Private Limited (“IFAN”) reserves the right to amend, remove, or add to the TERMS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TERMS whenever accessing, linking to, or using this Website. Your access, link to, or use of the Website, or any service on this Website, after the posting of modifications to the TERMS will constitute YOUR ACCEPTANCE OF THE TERMS, as modified. If, at any time, you do not wish to accept the TERMS, you may not access, link to, or use the Website. Any terms and conditions proposed by you which are in addition to or which conflict with the TERMS are expressly rejected by IFAN and shall be of no force or effect.

These Terms are a binding contract between you and IFAN.

Interpretation of the Terms, unless repugnant to the context or meaning thereof, shall mean and include: -

	reference to a particular gender shall be deemed to include other genders; and
	the singular shall be deemed to include the plural and vice versa
	the word "includes" should be construed as if the words "without limitation" appear thereof; and
	references to any enactment are to be construed as referring also to any amendment or re-enactment thereof to any rules, regulations or orders made under it.

A. General Terms

	User Consent to the TERMS. You represent that you have read and agree to be bound by the TERMS.
	Intellectual Property. This Website, including but not limited to any software, text, contents (including any reports/statements in any form), investment recommendations/investment advice (including any model portfolios) and any reports pertaining thereto, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights IFAN is the authorized user of the same. All individual articles, columns and other elements making up the Service are also copyrighted works of IFAN. You fully agree that the Services offered hereinabove are only indicative and IFAN may add or remove any services it may in its absolute discretion decide, which you may access and utilize in this Service. You also agree that IFAN reserve the right to irrevocably suspend the Service temporarily or permanently at our sole discretion either on account of changes in laws / statutes or for security purposes or for any purposes whatsoever at any time and without any obligation to provide the reasons for the same, without any liability / responsibility in any manner whatsoever. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by IFAN and/or its affiliates (collectively “ING”) and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of ING and such others. You agree to protect the proprietary rights of ING and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by IFAN to protect their contractual, statutory, and common law rights in the Service. You agree to notify IFAN in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and ING, at all times be and remain the sole and exclusive property of ING. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to ING for its exclusive use. Except as specifically permitted by the TERMS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without IFAN’s prior written approval.
	Restrictions on Use. YOU MAY NOT USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE TERMS. YOU AGREE TO USE THE SERVICE SOLELY FOR YOUR OWN NON-COMMERCIAL USE AND BENEFIT, AND NOT FOR RESALE OR OTHER TRANSFER OR DISPOSITION TO, OR USE BY OR FOR THE BENEFIT OF, ANY OTHER PERSON OR ENTITY. YOU AGREE NOT TO USE, TRANSFER, DISTRIBUTE, OR DISPOSE OF ANY INFORMATION CONTAINED IN THE SERVICE IN ANY MANNER THAT COULD COMPETE WITH THE BUSINESS OF ING. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES AND THAT YOU ABIDE TO THESE TERMS. YOU MAY NOT RECIRCULATE, REDISTRIBUTE OR PUBLISH THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE WITHOUT IFAN’S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF THE COPYRIGHTS AND OTHER PROPRIETARY RIGHTS OF IFAN AND/OR ING, AS THE CASE MAY BE. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF IFAN. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF THE TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS OF IFAN AND/OR ING IN ANY MANNER WHICH CREATES AN IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED HEREIN, ARE USED WITH IFAN’S CONSENT AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF SUCH ITEMS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS OF IFAN AND/OR ING OR ITS SUBSIDIARIES IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU SHALL: (i) NOT UPLOAD OR SEND ANY MESSAGE THAT IS UNLAWFUL, LIBELOUS, SLANDEROUS, OFFENSIVE, OBSCENE, HATEFUL, PORNOGRAPHIC, VIOLENT, INSULTING, THREATENING, ABUSIVE, MISLEADING, DECEPTIVE, OR RACIALLY, ETHNICALLY, OR OTHERWISE OBJECTIONABLE; (ii) NOT UPLOAD OR SEND ANY COMMERCIAL, PROMOTIONAL, OR SOLICITATION INFORMATION; AND (iii) REMAIN FRIENDLY AND CIVIL AND TREAT ALL E-MAIL RECIPIENTS WITH RESPECT AND SINCERITY. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE.
	License. (i) You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TERMS. Should you choose to download content from the Service, you must do so in accordance with the TERMS. Such download is licensed to you by IFAN ONLY for your own personal, noncommercial use in accordance with the TERMS and does not transfer any other rights to you. (ii) If you submit material to this Website or to IFAN or its representative, unless IFAN indicates otherwise, you grant IFAN a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such material for that user's personal use. You grant IFAN the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the materials (including any reports/statements) that you submit; that the material you submit is truthful and accurate; that use of the material you submit does not violate this TERMS and will not cause injury to any person or entity; and that you will indemnify IFAN, its affiliates and their directors, officers, employees, representatives, successors, and assigns for all claims resulting from material you submit. IFAN, its affiliates, their directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any materials submitted by you or any third party.
	Fees and Payments. IFAN reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by IFAN or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time to time in IFAN’s sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless IFAN receives all fees and charges payable by you, including the Prepaid Fee.
	Registration and Account Creation. Subject to the Terms, upon registration you will be provided a User ID and User Password which shall be a code of 8 alphanumeric characters/ digits. You shall be compulsorily required to change the User Password assigned by IFAN on accessing Service for the first time. As a safety measure you shall change You Password as frequently thereafter as possible. This User ID will be allotted subject to your application form being complete in all respects. IFAN reserves the right to demand, at any time from you, any such additional forms, information and relevant documentations, if any, as may be required from time to time by IFAN, for the purposes processing of your Application Form and / or of allotment of your User ID. Save as aforesaid, IFAN, at its sole discretion, reserves the right to reject your application and refuse to allot the User ID to you at any time without any obligation to provide the reasons for the same. IFAN reserves the right to terminate your account, in its sole discretion, at any time without notice. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, IFAN reserves the right to pursue any and all claims against you pertaining to your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service. You shall be solely responsible for maintaining the secrecy and confidentiality of his User ID and User Password and you shall be fully and absolutely responsible and liable for all transactions and activities that occur under his User ID and User Password. You hereby agree to indemnify the IFAN and hold them harmless against any direct or indirect liability, costs, damages, claims, suits and proceedings incurred by the IFAN based upon or relating to such access and use. You shall take responsibility for all the transactions conducted by using the Service and will abide by the record of transactions generated by the IFAN. Further, such records generated by the IFAN shall be a conclusive proof and binding for all purposes and may be used as evidence in any proceedings. In the event of any discrepancy, you shall notify IFAN within 24 hours of the receipt of the record of the transactions by you, failing which the transactions recorded therein shall be deemed to be final and accepted by you.
	Disclaimer and Limitation of Liability. (i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, SOFTWARE, FEATURES, GOODS, OR ADVERTISEMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT IFAN MAKES NO WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. (ii) IFAN does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by IFAN or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that IFAN, its affiliates, their directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by any error, omission or negligence of IFAN, its affiliates, their directors, officers, employees, representatives, successors, and assigns, or otherwise arising in connection with the Service or a part thereof and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against IFAN by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service or a part thereof caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Website, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by IFAN. IFAN is therefore not responsible for the availability, content, or accuracy of other Website, services, or goods that may be linked to, or advertised on, the Service. IFAN does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Website, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Website, services, goods, or advertisements that may be linked to the Service. IFAN is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that IFAN and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TERMS. (iii) You acknowledge that: (i) the Service is provided for information purposes only; (ii) IFAN does not guarantee the sequence, accuracy, completeness, or timeliness of the Service; (iii) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which IFAN is a party; (iv) none of the information contained on this Website constitutes a solicitation or offer by IFAN to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; (v) you are accessing the Service on your own initiative and are responsible for compliance with all applicable laws; (vi) The investment plans discussed or recommended or any investment advice (including model portolios) generated in any reports / statements by any software in this Service may not be suitable for all investors. IFAN does not warranty the timeliness, accuracy or quality of the electronic content of such investment advice/model portfolios generated through the Service in any manner whatsoever and shall not be liable/responsible to any person/entity for the same. Any investments related advice provided by IFAN is purely on a non-binding, recommendatory basis only and does not constitute an offer to buy or sell or an solicitation of an offer to buy or sell any products/services and the aforesaid advice given is complimentary to and not a substitute for independent professional advice from a person qualified to provide it to you; You are advised to (vii) The Service or a part thereof may include forward looking statements which are based on IFAN current opinions, expectations and projections. IFAN undertake no obligation to update or revise any forward looking statements. Actual results could differ materially from those anticipated in the forward looking statements; and (viii) the information provided on this Website is not intended for use by, or distribution to, any person or entity in any country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, IFAN, its affiliates, their directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions or negligence from the Service including, but not limited to, quotes and financial data, statements, reports or any advice; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of non-performance. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ANY ERRORS, OMISSIONS, NEGLIGENCE OR DEFAULTS, SHALL IFAN, ITS AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF IFAN HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL IFAN‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
	Authority. You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and you warrant that this Agreement and the transaction contemplated by it do not contravene, conflict with, violate or breach any of its constituent documents, law, regulation, official directive, requirement of applicable laws or regulations or contractual obligation, including but not limited to the Prevention of Corruption Act, 1988. You shall comply with all applicable rules, regulations, law, procedures, standards of conduct and lawful directions of IFAN in respect of use of its website, security, business ethics or methodology, or contact with its staff or customers.
	Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless IFAN, its affiliates, their directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) use by someone using your account; (iii) a violation of the TERMS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. IFAN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with IFAN in asserting any available defense. You acknowledge and agree to pay IFAN 's reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by IFAN under the TERMS and any other terms and conditions of service on this Website, including without limitation, lawsuits arising from your failure to indemnify IFAN pursuant to the TERMS.
	Termination. (a) You may terminate the TERMS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. (b) You agree that, without notice, IFAN may terminate the TERMS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TERMS will terminate immediately without notice from IFAN if you, in IFAN’s sole discretion, fail to comply with any provision of the TERMS. (c) IFAN shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TERMS by you or IFAN, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.
	Governing Law. These Terms and Conditions will be governed by Indian laws and the Courts in Mumbai shall alone have jurisdiction. In case of dispute, the matter will be settled by arbitration as per the rules of Indian Arbitration and Conciliation Act, 1996. The place of arbitration will be Mumbai.
	Miscellaneous. You accept that IFAN has the right to change the content or technical specifications of any aspect of the Service at any time in IFAN’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of IFAN to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision. Sections 2 through 9, 10(c), and 11 through 15 shall survive any termination of the TERMS.
	Headings. The section titles in the TERMS are used solely for the convenience of you and IFAN and have no legal or contractual significance.
	Severability. If any provision of the TERMS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TERMS will remain in force.
	Entire Agreement. The TERMS and any other terms and conditions of service on this Website, and its successor, constitute the entire agreement between you and IFAN and govern your use of the Service.

These Terms are in addition to the other terms and conditions stated elsewhere in the Website. In particular, and without prejudice to the above, these Terms and Conditions are in addition to the terms, conditions, procedures and agreements applicable in respect of this Service.