Following are the Terms and conditions applicable to the use of Website(s), https://earnstock.in, or Earnstock mobile applications owned and registered by Earnstock Financial Services (“Earnstock“). These Terms and Conditions are legally binding between Earnstock and anyone who accesses or uses this Website, including various Stakeholders (hereinafter defined) (“Users“) to avail the services by Earnstock on the Website, applications, and other platforms (“Website or Platforms“).
For this Agreement, the term, “Personal Information” shall mean and include, without limitation, personal details such as name, age, address, sex, employment details, passwords, details of bank account, credit card, debit card, including income statements, capital gains statement from the broker, bank account information, deductions, credits, information on dependents and other financial information obtained from you during your usage of the Website or Platforms.
You confirm that you are above the age of 18 years and competent to contract under the Indian Contract Act, 1872. The Website or Platforms is not intended for users below the age of 18 years, except under parental control/supervision.
2. ACCOUNT ON WEBSITE AND PLATFORMS
Upon signing up to your account, you will be considered as an administrator of the account and will be deemed to have authority to provide your personal details, payment details through payment gateway, and authorize Earnstock to use this information to provide you access to and activate and use Earnstock’s services. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify Earnstock immediately of any unauthorized use of your account or any other breach of security. Earnstock will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Earnstock or another party due to unauthorized use of your account.
3. Use of the Website
Certain sections of this Website are intended for particular User groups including, clients, job seekers, and various other stakeholders (collectively “Stakeholders“). Certain value-added services of the Website may be available to be used only by a defined category of Users based on the services opted by them. Any content, material, or services provided on the Website or through Platforms should not be used for any form of comparative benchmarking, ranking, or survey to be conducted by any third party.
4. DATA PRIVACY AND CONFIDENTIAL INFORMATION
4.1 Personal Information submitted by you on or through the Website or Platforms and other information collected from you to provide access to Dashboard and Platforms shall be securely stored on servers hosted by a reputed Internet Service Provider (“ISP”) for a period of maximum of three (3) years. Your Personal Information shall not be disclosed in any circumstances except under a valid and subsisting order of a court or other judicial, quasi-judicial, or government body under applicable laws.
4.2 Earnstock may use your Personal Information or share such Personal Information with its affiliated entities or other third parties, for the following purposes.
a. To obtain vital statistics regarding your usages of the Website or Platforms, enhance your experience, and increase the efficiency of the Website or Platforms and conduct surveys;
b. To effectively provide the services opted by you such as the opening of trading account, investment advisory services, and other services incidental thereto;
c. For software verification or administering software and User interface upgrades;
d. For processing, archival, or creating backup of data;
5. SECURITY OF PERSONAL INFORMATION & WARRANTIES
5.1 Earnstock is committed to protecting the security of your Personal Information and uses reasonable efforts and security measures, including, a variety of security Capital and procedures to help protect such information from any unauthorized access, use, or disclosure. However, the Website or Platforms shall not be liable for retaining your Personal Information beyond a period of four (4) years from the date of deactivation of your account for any reasons whatsoever unless such data is required to be retained under any legal obligation.
5.3 Notwithstanding anything provided in this Agreement, Earnstock does not guarantee that your Personal Information will be protected at all times. Website’s systems and the communications networks through which you access the Website may be subject to security breaches and failures due to circumstances beyond the reasonable control of Earnstock. These may include computer “hacking”, inadvertent manifestation of malware, ransomware, data theft among others. In such situations, Earnstock will try to rectify the problems at the earliest feasible time. The Users hereby acknowledge and understand that all Personal Information provided to or through the Website is with their cognizance and informed consent and solely at their own risk.
5.4 Earnstock will ensure that the availability of the Website will be uninterrupted and that transmissions will be error-free. However, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
6. RESTRICTIONS ON USE
6.1. You will not avail of the services of the Website in any manner which may violate any applicable laws or against the privacy or personal rights of others. Furthermore, you will not comment or post any remark on the Website and Platforms of Earnstock which may be defamatory, libelous, obscene, threatening, abusive, or offensive to other Users or may be false, misleading, or harassing to another person.
6.2. Users are also prohibited from violating or attempting to violate the security of the Website and its Application, including, without limitation, the following:
6.2.1. accessing data not intended for such Users or logging into a server or account which the User is not authorized to access;
6.2.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
6.2.3. attempting to interfere with services to any user, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, “flooding”, “spamming”, “hacking” or “crashing”; or
6.2.4. attempting any act of violating system or network security that may result in civil or criminal liability.
6.3. In addition to the above, you will not:
6.3.1. modify, adapt, translate, or reverse engineer any software integrated into the Website or otherwise to enable the Services provided on the Website or any of its feature and Application;
6.3.2. remove any copyright, trademark, or other proprietary rights notices contained in the Application;
6.3.3. reformat or frame any portion of the pages that are part of the Website or its Application;
6.3.4. create User accounts by automated means or under false or fraudulent pretensions;
6.3.5. create or transmit unwanted electronic communications such as “spam” to other Users of the Services or otherwise interfere with other User’s enjoyment of the Services;
6.3.6. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Earnstock ;
6.3.7. transmit any viruses, worms, defects, trojan horse, adware, spyware, scareware, or other items/malware of destructive nature;
6.3.8. use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene;
6.3.9. create and manage more than one account of himself/herself on the Application at any given time;
6.3.10. use the Services to transmit, distribute, post, or submit any unauthorized information concerning any other person or entity, including without limitation photographs, medical information, scan reports, personal contact information, or numbers of credit, debit, or calling cards or accounts; or
6.3.11. use the Services for purposes otherwise than for personal use and shall not resell or charge others for use of or access to the Services, or in any other manner inconsistent with these Terms and Conditions.
7. Remedies for Breach
7.1. In case Earnstock finds, in its sole discretion, that any User has violated any of the terms of these Terms and Conditions, Earnstock reserves the right to take appropriate actions to prevent/control such violation, including without limitation, removing the offending communication or content from the Website and/or terminating the registration of such violators and/or blocking their use of the Services.
7.2. The Earnstock shall also be entitled to investigate occurrences that may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who may be involved in such violations.
7.3. The Users acknowledge that in no event shall Earnstock be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive, or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the services and any other damages resulting from communications with other Users of the Services or persons the User interacts with through the Services.
8. Username and Password
8.1. Earnstock acknowledges that it employs industry-standard security protocol to ensure that the information which Users store in, transmit, or transfer through the Website is protected. The Website is hosted on a secure server. Access to such data is protected by the password by the database server, which only accepts connections from the Web server, and all the information transmitted from the User’s account to the Web server are secured by acceptable industry standards for data security. However, Earnstock shall not be held responsible for the loss of any Personal Data that may be transmitted through the Website due to any technical issues, beyond the reasonable control of Earnstock.
8.2. The Users will create a username and password at the time of completing the registration process. The Users will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under their username and password. The Users agree to: (a) immediately notify Earnstock of any unauthorized use of their username and password or any other breach of security; and (b) ensure that they have logged off from their account at the end of each session. Earnstock will not be liable for any loss or damage arising from their failure to comply with these Terms and Conditions
9. INTELLECTUAL PROPERTY
The Website, Platforms, and all the information, images, logos, trade names, domain names, service marks and other materials on this Website, including, inter alia, object code, source code, design, layout, user interface, and look and feel of the Website (collectively, “Intellectual Property“) are the exclusive intellectual property of Earnstock and are subject to protection by intellectual property laws of India and other jurisdictions to which it may extend. Earnstock’s Intellectual Property shall not be used in connection with any purpose other than for limited purposes of using Earnstock’s services and matters incidental thereto. Unless otherwise specified, the Website is for your official and non-commercial usage only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property obtained from the Website. Any unauthorized use of Earnstock’s Intellectual Property, except as mentioned above, and shall be violative of copyright, trademark, and/or other intellectual laws of India and other relevant jurisdictions.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Earnstock, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (a) your use of and access to this Website; (b) your violation of any term of this Agreement; (c) violation of any of the Intellectual Property Rights of Earnstock. The indemnification obligation will survive the termination of this Agreement.
11. LIMITATION OF LIABILITY
Earnstock does not control or endorse the content, messages or information shared on the Website and Platforms and therefore, it specifically disclaims any liability with regard to communications and activities performed on Website and Platforms.
Neither Earnstock nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the Website including, but not limited to: (a) damages caused by defamatory, offensive, or illegal actions on Website and Platforms; (b) damages caused by viruses, malfunctions, or harmful components accessed through the Website, and (c) damages for lost profits, loss of data, loss of opportunity, or other intangibles, whether foreseeable or unforeseeable. Further, Earnstock shall not be responsible for the contents of any linked website, payment gateway service provider, or any link contained on its Website, or any changes or updates to such Websites.
The use of the Website shall be exclusively governed by the laws of India and the courts in Bangalore, India shall have exclusive jurisdiction over such matters. Earnstock hereby expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
13. DISPUTE RESOLUTION
Any dispute arising out of or in connection with this Agreement, including, inter alia, any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 and the rules made thereunder. The decision of the majority of the arbitrators shall be final and binding on the parties. The venue of the arbitration shall be Bangalore, India.
If any of the above conditions in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining Agreement.