OMKARA CAPITAL PRIVATE LIMITED
TERMS AND CONDITIONS

Last updated: February 06, 2021

AGREEMENT TO TERMS

These general terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“user or you”) and Omkara Capital Private Limited (“Omkara Capital” “we,” “us” or “our”), concerning your access to and use of the www.omkaracapital.in (“Website”)

 

  1. INTRODUCTION

    By accessing the website, you have read, understood, and agree to be legally bound by all of these terms and conditions set forth governing your use of this website. The Terms and Conditions shall apply to all services, programs, information and products that you may use or otherwise access from time to time through the Website. By accessing the Website and any pages hereof, you are indicating that you have read, acknowledge and agree to be bound by the Terms and Conditions. If you do not agree with these Terms and Conditions then please do not use or access the Website. The “Last updated” date of these Terms and Conditions will inform you about any changes or modifications and you waive the right to receive any specific notice of such changes. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website after the date such revised Terms and Conditions are posted. Omkara Capital further expects you to further read and understand the other Website policies, which would be treated as a part of this Agreement before using the services offered by us.

     

  2. CONTACT INFORMATION

    If you have any questions or concerns with respect to the Terms and Conditions or the Website you may contact a representative of Omkara Capital by sending us an e-mail at hello@omkaracapital.in.

     

  3. USER REPRESENTATIONS

    By using the Website, you represent and warrant that:

    1. All the registration information you submit will be true, accurate, current, and complete;
    2. You will maintain the accuracy of such information and promptly update such registration information as necessary and required;
    3. You have the legal capacity and you agree to comply with these terms and conditions;
    4. You are not under the age of 18
    5. You are not a minor in the jurisdiction in which you reside, [or if a minor, you have received parental permission to use the Website];
    6. You will not access the Website through automated or non-human means, whether through a bot, script or otherwise;
    7. You will not use the Website for any illegal or unauthorized purpose;
    8. Your use of the Website will not violate any applicable law or regulation.
    9. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

     

  4. USER REGISTERATION

    You have to be registered as a user (“Registered User”) of the Website and agree to keep your password confidential and will be solely responsible for all use of your account and password. Unauthorized access of the services is prohibited. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. When you register on this Website, your personal information will be automatically registered in our database which will be maintained by us and may be used for sending marketing and promotional emails, newsletters etc., if subscribed to. In case of change in personal information, you may write to us at the contact information provided herein.

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  6. WEBSITE CONTENT

    Any and all material and information available through the Website is solely for non-commercial and for your own personal use and for information purpose only. Omkara Capital has the right, at any time and from time to time, in its own discretion to add, modify, or remove any of the material or information available on the Website. These Terms and Conditions are not intended to and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Omkara Capital. Omkara Capital does not warrant the completeness, timeliness or accuracy or any material and information available on the Website. The material and the information on this Website is not intended as an offer or solicitation for the purchase of any stock, any other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction. Investment services are subject to market risks. User accesses, uses and relies upon such information at his own risk. Omkara Capital may offer an online secured access, whether free or subscription based, to its customers/users as a part of the Website services. This access or use of the Website may be terminated for any reason or where it believes that the User has not acted in accordance with the Terms and Condition and other policies of this Website.

     

  7. INTELLECTUAL PROPERTY RIGHTS

    This Website is the sole property of Omkara Capital. All rights to, title to, and interest in the content available on the Website, the Websites’ look and feel, the designs, trademarks, service marks and trade names displayed on the Website, and the Website URL’s, are the property of Omkara Capital or its licensors, and are protected by copyrights, trademarks, patents, or the proprietary rights and laws. The Website and the content are protected by the Indian laws, and belong to Omkara Capital or its partners, affiliates or contributors. No part of any information or material or software from the Website may be copied, removed, photocopies or duplicated in any form or by any means or re-distributed without Omkara Capital’s prior written consent. If you download any information or material or any content from this Website, you agree that you will not copy or remove or obscure or alter the content. All trademarks, service marks, copyrights, logos and designs used on this Website, whether registered or unregistered, are owned by Omkara Capital. You may not use or display any trademarks, service marks, logos or designs owned by Omkara Capital or its affiliates without our prior written consent. Any infringement shall be strongly defended and pursued to the fullest extent permitted by the law.

     

  8. PURCHASES AND PAYMENT

    We accept the following forms of payment: Credit Card, Debit Card, Net banking, UPI. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We may change the prices provided for our services any time. All payments shall be in INR.
    You agree to pay all charges at the prices then in effect for your purchases and any and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.  We reserve the right to refuse any order placed through the Website.

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  10. REFUND AND CANCELLATION

    We do not offer refunds or cancellations against the services provided to the User. We strictly recommend that the User may read the following before agreeing to utilize our services or before making any payment:

    1. Read all the information about our products, services and the support given to our clients
    2. Read all about Us and Our Team
    3. Read our Terms and Conditions
    4. Read our Privacy Policy

     

  11. PRIVACY

    Use of this Website may be monitored, tracked and recorded. You acknowledge that we may use, disclose or transfer any information that you provide through this Website. For more details, please refer to our privacy Policy located at our website.

     

  12. PROHIBITED ACTIVITIES

    You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

    As a user of the Website, you agree not to:

    1. systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
    2. make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
    3. use a buying agent or purchasing agent to make purchases on the Website;
    4. use the Website to advertise or offer to sell goods and services;
    5. circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein;
    6. engage in unauthorized framing of or linking to the Website;
    7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
    8. make improper use of our support services or submit false reports of abuse or misconduct;
    9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
    10. interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;
    11. attempt to impersonate another user or person or use the username of another user;
    12. sell or otherwise transfer your profile;
    13. use any information obtained from the Website in order to harass, abuse, or harm another person.
    14. use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise;
    15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
    16. attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
    17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you;
    18. delete the copyright or other proprietary rights notice from any Content;
    19. copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
    20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;
    21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
    22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
    23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website;
    24. use the Website in a manner inconsistent with any applicable laws or regulations.

     

  13. THIRD-PARTY WEBSITES AND CONTENT

    The Website may contain (or you may be sent via the Website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

     

  14. TERM AND TERMINATION

    These Terms and Conditions shall remain in full force and effect while you use the Website. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the website or delete [your account and] any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

     

  15. MODIFICATIONS AND INTERRUPTIONS

    We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website. We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

     

  16. GOVERNING LAW

    These Terms and Conditions and your use of the Website are strictly governed by and construed in accordance with the laws of India.

     

  17. ALTERNATE DISPUTE RESOLUTION

    You agree to resolve all disputes and differences arising out of or in connection with these Terms and Conditions by submitting them to arbitration by a sole arbitrator mutually appointed in accordance with the rules of the Arbitration and Conciliation Act, 1996, with the arbitration proceedings to be conducted at Mumbai and the arbitration proceedings shall be conducted in English language.

     

  18. CORRECTIONS

    There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

     

  19. DISCLAIMER

    The Website is provided on an “as is” and “as available” basis. Omkara Capital contains materials, products, views, information, data, statistics, opinions, statements, analysis which has been obtained from various reliable sources and compiled. We disclaim all warranties of any kind, whether express or implied, including, without limitation, any warranties of completeness, reliability, accuracy, adequacy, updation, fullness, functionality, timelines, performance, certainty of returns of the products, services, data analysis, information, opinions, statements, materials and views on the Website. Investments in Securities Market and Financial instruments are subject to market risk. Any investments in Securities Markets and Financial instruments are risky and the User must take complete responsibility for the outcomes of all and any financial decisions that they take, including but not limited to loss of Capital on the basis of using the website. Users of the website must read the respective documents carefully before investing. The estimates are based on historical performance and are done to facilitate informed decision making for the investors. These do not constitute a promise or a guarantee or a certainty of returns. The Registered Users of the website must fully understand and completely agree that any and all actions taken by them based on the materials, products, views, information, data, statistics, opinions, statements, analysis available on the Website has been taken by them at their own risk without any recourse whatsoever to us. Our Website may contain information, material, views, data or information submitted by users and/or third party websites/sources. We accept no responsibility for accuracy of such content. Users are advised to use their discretion at all times while taking any investment or other decisions. Omkara Capital does not make any warranty that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Omkara Capital makes no warranties as to the results that may be obtained from the use of the Website or as to the accuracy, quality, or reliability of any information obtained through the Website.

     

  20. INDEMNIFICATION

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Website; (3) breach of these Terms and Conditions ; (4) any breach of your representations and warranties set forth in these Terms and Conditions (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.