TERMS AND CONDITIONS:
- This Document sets forth the terms and conditions that apply to the access and use of the Website https://Bondspe.com/, Mobile Application, “Bondspe” and any other website(s), web-page, sub-portal or applications made available to the Users from time to time (hereinafter collectively referred as “Platform”) by BONDSPE FINANCIAL SERVICES PRIVATE LTD (CIN Number: U66301DL2023PTC422787), a company within the meaning of the Companies Act, 2013 having Registered Office B, 98, Block C, Sharda Puri, Ramesh Nagar, Delhi, 110015, India (hereinafter referred to as “the Company”).
- The website ‘Bondspe.com” and the related products, platforms and services available on and from the site are owned, operated and managed by ‘Bondspe Infotech Private Limited’ (Including its Affiliates, Successors and Assigns which are hereinafter referred to as “Our”, “We,” Or “Us”).
- These terms control the use of the website and its related products, platforms and services by the users and thus, by using or visiting the website and its related services, the users give their consent to be bound by these terms and conditions, our copyright policy, our privacy policy, our trademark policy, any specific terms and conditions applicable to the site and its related services from time to time, which may be used by the users and are incorporated herein for reference.
- This document is to be considered an electronic record in terms of the Information Technology Act, 2000 and generated by a computer system and no physical or digital signatures are required for the same. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of Platform.
- We request you to carefully go through these Terms & Conditions to understand the different features of the Platform. By using the Platform, you irrevocably accept all the obligations stipulated in these Terms & Conditions and agree to abide by them. Accessing the Platform through any medium, including but not limited to services on mobile phones, smart phones, tablets and laptops are also subject to these Terms & Conditions. In case the same are not acceptable to the users, then kindly do not use the website and its related services. Also, acceptance of these Terms & Conditions on any one medium of the platform, whether the Website or the Application, will amount to accepting the said Terms & Conditions for use of the Services on the other platform.
- The terms and conditions are legally binding agreements. Using of the website and its services by any person as an agent or representative of some individual, corporate or any other entity shall render the first mentioned person liable to bind such individual, corporate or any other entity to this Agreement and that the agent or the representative shall guarantee the compliance of the terms and conditions by the individual, corporate or entity.
- The right to modify, discontinue or terminate the website or any of its services, or alter, add or delete any of the provisions of these terms and conditions without notice remains with us. Such modifications or alterations shall be posted along with these terms and conditions to the site. The users are to go through such changes by checking the website periodically.
- Mention may also be made of the fact that any change in the terms and conditions shall apply prospectively and that such changes shall supersede the earlier provisions of the terms and conditions. Any continued usage of the website and its related services by the users after such changes / modifications shall imply that the users have accepted the modifications as it is and shall therefrom be bound by such revised terms and conditions.
- Services available on Platform are for the use of registered Investors only. You hereby authorize and appoint the Company/ its third party service provider as an agent with limited power of attorney to access your sensitive personal data or information for providing you the Services. For the purpose of these User Terms (defined hereinafter), “you”, “your” or “User” refers to any natural or legal person (whether a registered user or otherwise) who accesses the Site, its contents and uses the Services offered by Bondspe on or through the Site.
- Your breach of any provision of these User Terms will automatically, without the requirement of notice or other action, revoke and terminate your right to access the Website. It is clarified that the Privacy Policy, and disclaimers form an integral part of these User Terms and should be read contemporaneously with the User Terms. Any illegality or unenforceability of one or more provisions of these User Terms shall not affect the legality and enforceability of the other terms of the User Terms. For avoidance of doubt, the rest of the provisions of these User Terms shall be binding upon the User even if any of the provisions becomes void or unenforceable.
- You agree that, in order to use the Services, you will need to successfully complete the registration process on the Platform and to provide any information requested of you in the completion of such registration truthfully and with accuracy. You agree that, you shall mandatorily complete the registration process on the Platform by providing personal and financial information/documents to use the Services. If any portion of the Platform requires you to register and provides you with log-in credentials for future use, you are responsible for maintaining the confidentiality of the log in credentials. Notwithstanding anything provided above, the Platform may rely on the authority of any person accessing your account, using your registrations/ log-in credentials and in no event and under no circumstances shall Platform be held liable for breach of confidentiality of your registration details or log-in credentials.
- After completion of the registration process, you become the Registered User and you may be required to enter the unique one-time password (“OTP”) issued by Bondspe to you for authentication of your account each time you intend(s) to use the Website.
- It is mentioned that this website reserves the right to revoke your access to its site, subject to our reasonable discretion. In this regard, we may also choose to suspend your account or your access to the same. As a registered User, in such an event, you may contact our support team to assist you/resolve the situation.
- You agree to receive all required notices and information electronically to that email address or mobile number which you have provided to us. In case of any changes to your email address and mobile number, it is your responsibility to inform us about such changes. The Company shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to the Company.
- All the materials and contents on the website and its related services including the user content shall be our proprietary property or our licensors including the respective copyrights, logos, slogans, trademarks, and service marks. Bondspe grants you a limited right to use the Website. You will not use the Website in any fraudulent or unlawful way. Bondspe may at any time revoke your right to use all or any portion of the Website as the right to use the website by the users are solely dependent on the agreement by the users to accept the User Terms in toto.
- You shall represent and warrant to the Company that you will and shall comply with the applicable provisions and clauses specified by SEBI /Regulators or any other laws with respect to any bonds or securities, as amended and re-enacted from time to time along with complying with the relevant Know Your Client (KYC) norms or other information disclosure norms as laid down by SEBI or any other governmental body and as amended from time to time. Any failure to comply with such KYC norms will render the transaction to be rejected by the company and we shall not be held responsible for the same. It shall be your sole duty as an investor to provide true and accurate details in any verification process that may be required from time to time. The Platform reserves the right, at its sole discretion to reject/ to put on hold the interest/ inclination shown by the User using this Platform due to technical glitches, incomplete/inchoate registration documents, suspicious activities from the account, etc.
- The Website shall be used solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is strictly prohibited. The Investments which shall be made by you should be from your verified bank account (primary holder’s bank account where such account is a joint account) and the inflow of money should be from legitimate sources. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling” and “phishing” as those terms are commonly understood and used on the Internet.
- The Investor agrees and accepts that all facts, data, customer databases, information, manuals, details, materials, reports and any other information which may be given or communicated either physically to the Investor or electronically via the Platform shall be the sole property of the Company and shall be kept confidential by the Investor.
- You agree to defend, indemnify us (including our affiliates, officers, directors, agents and employees) from and against all claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities or other costs or expenses of any kind or nature (including reasonable legal and other fees and costs), incurred or suffered by us or likely to incurred and suffered by us, in relation to any and/or all claims, actions or demands, arising from or related to your use of the Platform or related to your breach/ alleged breach of this terms of use, privacy policy, violation of any law or the rights of a third party.
- You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages (including lost profits or revenue, deletion or corruption of electronically or digitally stored information or loss of goodwill or reputation, investment, production, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the Investor or any other person) resulting from circumstances, including but not limited to: the use or the inability to use the Platform; unauthorized access to or alteration of your transmissions or data on the Platform; statements or conduct of any third party on the Platform; or any other matter relating to the Platform. This clause shall survive the termination of these Terms & Conditions.
- In case of usage of the Bondspe website / application, you agree that it may automatically download and install updates from time to time which are redesigned to improve, enhance and further develop the website / application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions as shall be provided by the website.
- You will agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the website and its related services in a manner that sends more request messages to the website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- You are prohibited from posting or transmitting to or from this Platform any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate the applicable Law of the land or any material or content that infringes, misappropriates, or violates any copyright, trademark, patent right or other proprietary right of any third party and for any such act, you shall be solely responsible for any violation of the foregoing restrictions, or any other harm resulting from your posting of content in this Platform.
- News and Blogs Section of this Platform may contain articles, analysis, research report and reviews etc. (“Document”) that have been sourced from the various Vendors/ Authors empanelled with the Company. The sources of all such Document shall be named and clearly indicated at appropriate places., The Company does not claim any other rights in such Documents including copyrights and other intellectual property rights except for publishing rights that have been expressly granted to the Company by the respective Vendors/ Authors. Such articles will be published on the Platform for information purposes only and the Company disclaims all liability in connection therewith.
- In the event of winding up or dissolution of a company or in case of any default of the company for any reason, the liability to the investor of the said company shall be directly claimed by the investor with the company as per law and we shall neither be responsible for any losses or damages incurred by you in respect of such winding up or dissolution nor shall we be liable to indemnify you for the same.
- The investor shall take note of the fact that in case any investor purchases any bond / securities from our platform from any company after 3:00 pm, then the said bond / security shall be credited to the demat account of the investor automatically on the next working day. The transfer of any bonds / securities shall be transferred via ‘off-market’.
- The Investor shall be responsible for identifying and paying all taxes, duties, cess and other fees and charges (and any penalties, interest, and other additions thereto) that are payable by the Investor with respect to the transactions through the Platform, in case if any. Bondspe will not be liable to pay any taxes which are payable by the Investor to any governmental authority for any such transaction.
You will not dispute and /or hold Bondspe responsible for:
- Any disclosures made by Bondspe to any statutory body under any law.
- Any loss, notional or otherwise, incurred because of: Any act, omission, fault or delay of the bank, the Registrar and Transfer Agency’s, depositories or any other service providers of Bondspe;
- Providing access to information and/or processing of instructions authenticated by your Login Credentials;
Any inaccuracy or typographical error on our website or the mobile application or any written, E-mail & SMS communication.
- You agree that, you have read and understood the terms and contents of the offer documents, terms of issue, scheme information documents, statements of additional information, if any, including schemes of the third-party service provider relating to the financial product where you intend to invest, prior to using any Transaction Services made available on this Platform. You shall ensure that all investment and disinvestment decisions are based on your own evaluation of financial circumstances and investment objectives. This extends to any decisions made by you based on any information that may be made available on this Platform.
- You understand and acknowledge that purchase of the assets listed on the Website is speculative in nature and involves a high degree of risk, including the risk of loss of capital, and is not guaranteed. The Website is suitable only for investors who fully understand and are capable of bearing the risks of purchasing such assets. A User should only purchase assets if he/she is able to withstand a total loss of capital. However, any user can purchase any assets but it is better that the investor involves in any such activity with full knowledge of the market risks and uncertainties. Bondspe will take no responsibility for any loss suffered by the investor due to any kind of negligence on the part of the user/investor. No guarantee or representation is made by us that you will achieve your investment objectives or will receive a return of your capital. The buyers of the assets/securities available of the platform should be aware that such assets/securities are illiquid in nature and there is no guarantee that they may be able to sell/redeem such assets/securities, with or without capital depreciation.
- You understand that the Company may tie-up with payment gateway(s) (Merchant Services – Payment Facilitation) to allow you to make online payments/ discharge settlement obligation and is only acting as a facilitator. However, the Company shall not be held responsible in any manner whatsoever for use of such facility by User. You shall not hold nor seek to hold the Platform, the Vendor(s), third party service provider(s), facilitating agency(ies) or any of their officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates liable for any losses, damages, liability, costs, expenses incurred by you, as a result of relying upon investment information, research opinions or advice or any other material/information whatsoever on the Platform, literature, brochure available on the Platform. Any kind of independent professional advice regarding the suitability of any investment decisions may be sought by the user for which Bondspe shall not be held liable. You acknowledge that the information provided through the Platform in the form of research material solely for the purpose of knowledge creation of the User and any such information may not be considered as an advice.
- You may indicate your intention to buy and/or sell/ deal in the financial product using this Platform and this Platform will transfer the bonds and securities in your demat account. The user/investor will use the Platform to understand the exact requirements and initiate the transactions viz. buying and selling of financial product at agreed value and at agreed terms. Bondspe may ask for additional documents, declarations, confirmations to confirm/ complete the transactions/ deal. The transaction(s) may also get rejected/ may not be consummated due to non- fulfillment of pay-in (funds and securities) obligation by Parties to the deal. After the finalization of the deal between the Platform and the parties, Bondspe shall transfer the bonds / securities purchased by the user to the demat account of the user and an intimation of the transaction shall be made to the concerned company directly through email who shall take all necessary steps for depositing the amount of interest directly in the user’s demat account and Bondspe shall not be responsible for any non deposit of interest by the company concerned in your account. You understand that there is no implied guarantee/ warrantee that any transaction in which any interest is shown by the User shall mandatorily materialise. We shall not be responsible in case of decline/ rejection/non- happening of the deal for which interest is indicated through Platform for any reasons.
- If this Platform contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. You agree that when using a Forum, you shall not do any of the following:
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
- Harass, stalk, threaten, defame, abuse or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Any other thing which is prohibited by the law of the land.
- These Terms & Conditions shall continue to subsist as long as the Investor is validly registered with the Company and is accessing the Platform via any medium. The Investor shall no longer have access to the Platform upon the termination of the Investor’s registration in the Platform. The Company shall have the right to disable all the login credentials associated with the Investor on the Platform.
- The Platform, Services, all your transactions through the Platform, and our relationship shall be governed by the laws of India. Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Company and You, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. The Place of Arbitration shall be Delhi and the language of Arbitration shall be English.
- You understand that Bondspe is not a trading platform and provides a list of sellers/bond issuers (which in some cases may be the Company itself) on its platform and does not match the buyer with the seller through any bid-ask mechanism in order to execute a transaction. You further understand that the company shall not be construed as a fund raising platform, or a stock exchange recognised by the Securities and Exchange Board of India under the Securities Contract (Regulation) Act, 1956, or their equivalent.
- If case of any concerns, complaints or grievances about the terms or other users or their manner of use of the platform, the same shall be addressed by the Grievance Officer any time on ‘info@Bondspe.com’.