UPTIK STACKS TERMS OF SERVICE
THE UPTIK STACKS TERMS OF SERVICE PERTAINING TO STACKS ARE SUPPLEMENTARY TO THE USER AGREEMENT AND UPTIK’S GENERAL TERMS OF SERVICE. YOU ARE ADVISED TO READ THIS IN CONJUNCTION WITH THE STOCKAL USER LICENSE AGREEMENT AND THE POLICIES AND DISCLOSURES ON STOCKAL
These Terms and Conditions (the ‘Stacks Terms of Service’) in conjunction with the User Agreement and Terms of Service are a binding contract between you and Uptik Financial Services LLP (Uptik) . If you have any questions, comments, or concerns regarding these terms or the Services, please contact us email@example.com For the purposes of this Uptik Stacks Terms of Service:
1. ‘Uptik ’ shall mean this stack which is owned by Uptik Financial Services LLPUptik. (hereinafter “Uptik”), which is the company incorporated under the Companies Act,1956 and has its registered office at B 1903 Oriana, Kala Nagar, Bandra East, Mumbai, Maharashtra, India – 400051 and its Affiliates;
2. ‘AUM’ shall mean Assets Under Management;
3. ‘Stacks Portfolio’ shall mean the basket of securities that you have subscribed to.
4. ‘You’ or ‘your’ shall mean the user who subscribes to the Stacks Portfolio.
By using the services provided through this website or application, you shall be deemed to have accepted the Terms and Conditions herein including the amended terms and conditions published from time to time.
1. You are aware and accept that all information, content, materials, and products on the application is protected and secured.
2. Except for your own personal and non-commercial use, you agree that you shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer, or in any way exploit any part of any information, content, materials, services available from or through the application.
3. You agree that you will not use the application for any purpose that is unlawful or prohibited by these Terms. You also agree you will not use the application in any manner that could damage, disable or impair the application or interfere with any other party’s use, legal rights, or enjoyment of the application.
4. You acknowledge that the software and hardware underlying the application as well as other Internet-related software which are required for accessing the application are the legal property of either Uptik or its respective third-party vendors. The permission given by Uptik to access the application will not convey any proprietary or ownership rights in the above software/hardware. You agree that you shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying the application or create any derivative product based on such software/hardware.
5. You understand and accept that not all the products and services offered on this application are available in all geographic areas and you may not be eligible for all the products or services offered by Uptik on the application. Uptik reserves the right to determine the availability and eligibility for any product or service offered on the application.
6. You understand and accept that Uptik is not responsible for the availability of content or other services on third-party sites linked to the application. You are aware that access to hyperlinks to other internet sites is at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored, or endorsed by Uptik in any way. Uptik does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title, or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.
7. If performance is prevented, hindered, or delayed by a Force Majeure event (as defined below), Uptik shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case, its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Uptik, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication, etc.
8. The Service is subject to the inherent risks of online trading including those relating to system response and access times that may be affected by various factors, including but not limited to market conditions and system performance. You should understand such risks before accessing the Licensed Service and trading.
9. Additionally, by using the application or services of Uptik you confirm and agree that:
a) You are 18 years of age or older and where you are acting as Guardian on behalf of a minor, you have the necessary authority to register/sign up for the services on behalf of the minor. If Uptik learns that we have collected personal information from a person under age 18, we will delete that information as quickly as possible. If you believe that a person under 18 may have provided us with personal information, please contact us at firstname.lastname@example.org.
c) Uptik may contact you by phone and/or e-mail and/or SMS or any other form of electronic communication in connection with your registration and transactions. You can always opt to stop receiving any or all such communications by writing to email@example.com. You can also delete your account at any point in time by writing to firstname.lastname@example.org
d) You understand that the investments are subject to market risks and you can lose up to 100% of your investments. You understand that for market investments an ideal holding period is more than 5 years but at least 3 years. You also have adequate insurance cover.
e) You take complete responsibility and liability for your investments and your investment decision is not influenced by any promise of returns whatsoever.
f) You shall at all times keep adequate liquidity in your operative account.
g) You confirm that you have taken into account all your investments across all asset classes while deciding upon investing in Services. You also reconfirm that after allocating money to these strategies, you continue to adhere to the asset allocation plan as per your risk profile.
h) Uptik reserves the right at its sole determination to change your Stack Portfolio which may result in additions, removals, and modifications to your Stack Portfolio.
i) The Percentage of profit and loss in your Stacks Portfolio are calculated on the net amount invested after AUM fees are deducted.
j) Upon you placing a buy or sell of your Stack Portfolio, it will not be canceled once placed.
10. Limitation of Liability, Indemnity, and Warranty. In no event shall Uptik or its affiliates be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this application or due to investments made using this application. You agree to indemnify Uptik and its affiliates, its directors, and employees for all the liabilities (including claims, damages, suits, or legal expenses in defending itself in relation to the foregoing) arising due to non-performance and/or non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions. You warrant that all the details and information provided by you to Uptik while using this application (including for the purposes of carrying out investments) shall be correct, accurate, and genuine. Further, you shall be solely responsible for any investment decision taken by you on the Services and Uptik shall not be liable for any loss or damage caused to you or other users of this application due to such investment decision, or any kind of reliance upon it.
a) AUM fees may be calculated on a periodic basis which shall be accordingly notified.
b) AUM fees will be deducted from the amount Invested by you and allocated in your Stack Portfolio.
c) The subscription fees may include asset management fees and charges, which will be collected by Uptik.
d) In addition to subscription fees, you may incur from time to time, brokerage fees related to the number of times trades are placed by you and/or the number of units of securities purchased and/or the total amount of assets being traded. Such fees will be collected by Uptik.
e) You shall be solely responsible for your account and assume financial responsibility with respect to all transactions in your account, your investment decisions, payments for the Service, Fees, and Securities and Other Assets purchased. You shall be responsible for all debits, costs, commissions, and losses arising from any actions Uptik, its Agent(s) and Partner(s) must take to liquidate or close transactions in your account, or from your failure to make timely good delivery of Securities.
f) All fees are excluding taxes and levies. Service tax and other taxes and levies are charged in addition to the above charges as per the actuals.
g) Fee tariffs are subject to change or revision and shall be notified at the earliest practicable opportunity.
12. Termination. Uptik may terminate this Agreement if you fail to comply with any term of this Agreement or Terms of Service or User Agreement or have not paid any fees that are due and payable to Uptik or partners or upon the occurrence of you being unable to pay your debts or are insolvent or deemed to be insolvent or if a receiver is appointed in respect of any of your assets. In the event of termination, you must not attempt to access or make any copies of the Licensed Service.
a) Uptik does not advise nor act as an agent or broker for the investment opportunities. You understand and acknowledge that Uptik provides no tax, legal, or investment advice of any kind, nor does Uptik give advice or offer opinions with respect to the nature, potential value, or suitability of any securities transaction or investment strategy in your account. You will not hold, nor seek to hold, Uptik or any of its officers, directors, employees, agents, subsidiaries, or affiliates liable for any trading or other investment losses incurred in your account.
b) You agree and understand that Uptik, its affiliates, and their respective directors, employees, agents, and advisors may have investments in various Securities from time to time, and, such conflicts of interest would be inherent when making investments in such Securities. It is intended for such conflicts to be managed primarily by complying with the laws applicable in the jurisdiction in which the aforementioned persons are investing, and also, complying with the laws of the countries in which you and Uptik are incorporated.
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