Terms & Conditions
When you create an account on our Platform or use our Platform or any of our Services, you accept and agree to these Terms. However, please note that our Services are provided only for Indian members. If you wish to use our Services, please ensure that you are permitted to do so in your jurisdiction.
In the event of any inconsistency between the Terms and any documents referred to herein, the provisions under the Terms shall prevail over the terms of any such document.
The Platform will or may in the future facilitate access to: (a) publicly available financial information and databases; (b) a social discussion forum which allows Members to exchange and discuss information on various financial products with the objective of creating financial awareness among members; and (c) our proprietary analysis tools for research and analysis by Members in relation to any decision that may be taken by them in consultation with their professional financial advisors or basis their own analysis and review of the financial literacy materials provided by the Company on the Platform ("Services").
CHANGES TO TERMS AND SERVICES
Our Platform is dynamic and may change rapidly. As such, we may change the Services we provide at our discretion. We may temporarily, or permanently, stop providing Services or any features at any time.
We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required under law, we will ask for your consent. Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.
WHO MAY USE OUR SERVICES
For the purpose of these Terms, ‘member’ means any person who accesses the Platform or avails the Services and includes registered as well as any other person that accesses our Platform (“Member(s)” or “you”).
By visiting the Platform and continuing to access the Platform or use any of the Services you acknowledge and represent that: (a) you are above 18 years of age; (b) you are competent to contract under Indian law; (c) you are an Indian resident; (d) you accept and agree to be bound by these Terms; and (e) that any information that you obtain from the Platform is solely for your personal knowledge and awareness and is not in the nature of any kind of financial or professional advice, solicitation or offer to sell, recommend or purchase securities and/or funds to the Members of the Platform.
MEMBER ACCOUNT REGISTRATION AND OBLIGATIONS
Members will need to create a member account on the Platform to avail the Services. Members will be responsible for all the activities that occur through their member accounts.
- Ensure that the details you provide at the time of registering the member account are true, correct and complete.
- Inform us immediately of any changes to the information that you provided when registering the member account.
- Maintain complete confidentiality of your member account and password.
- Restrict access to your computer or device used to access the Services to prevent unauthorised access to your member account.
- Inform us immediately if you have any reason to believe that your member account password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- Agree to receive periodic alerts and newsletters.
- Ensure compliance with all applicable laws.
- Ensure that you obtain all necessary rights to the content you post or share on the Platform; and
- Ensure that you engage only with SEBI-registered investment advisers or research analyst to avail investment advisory services or research analyst services.
Content which contains the following is prohibited on the Platform and will be considered as a strict violation of these Terms:
- Belongs to another person to which the member does not have any right.
- Is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence.
- Is harmful to children.
- Infringes any intellectual property rights.
- Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation.
- Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
- Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and
- Violates any law for the time being in force.
MEMBER CONTENT RIGHTS AND LIABILITIES
We do not have any ownership over any of the content shared by you and the rights in the content remain only with you. However, you will not use our Platform to violate or infringe upon our or any third-party’s intellectual property rights. Such content may be removed from the Platform. Further, if you use any content developed by us, then we will continue to own the intellectual property rights vested in such content.
You remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for any consequences resulting out of such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with third parties or other members of the Platform.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, service marks, trade names, logos, copyright and any other intellectual property rights on the Platform and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws in India and around the world, and all rights are reserved. Any use of the Platform and its contents, other than as specifically authorised by the Company is strictly prohibited. Any rights not expressly granted herein are reserved by us.
The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via the Platform (collectively, "Third Party Mark(s)") may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms, or in terms provided by the owner of a Third-Party Mark, nothing in these Terms or on or via the Platform should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third-Party Marks that are used or displayed on the Platform, without the respective owner's prior written permission, in each instance. All goodwill generated from the use of our trademarks will benefit us exclusively.
PERMISSIONS YOU GRANT US
Permission to share your profile information with third parties We may share any data that we may collect including but not limited to your name, user id, gender, your usage and engagement habits and patterns on our Platform with third parties to fulfil Bharosa Club’s legal or contractual obligations. If we share any sensitive personal information (as defined under the applicable laws), we will ask you for your consent prior to sharing the same.
Information provided on our website (or our mobile app, any software or email) is only intended for general informational purposes. Bharosa Club does not provide any investment, financial or professional advice or recommend any financial products or securities. Our proprietary tools will only help you compare products, identify ‘paisa vasool’ products, and make informed investment decisions.
Bharosa Club is not licensed or registered as an Investment Advisor, a Research Analyst or generally as a provider of any investment advice, distribution, execution, or research. We are not regulated by any authorities such as SEBI, RBI, IRDA, or PFRDA.
Investments in securities market are subject to market risks. Investors are responsible for their investment decisions and they should read all related documents carefully before investing.
While we endeavour to ensure that all content on our mobile application and website is correct, we cannot guarantee this, as we rely upon data generated by third parties. Accordingly, we cannot make any representations as to the accuracy, timeliness, suitability or completeness of any information prepared by any unaffiliated third party, whether linked to or incorporated herein.
USE OF OUR TOOLS
We do not take the responsibility, liability and undertake the authenticity of the figures calculated on the basis of the tools provided herein for any calculations or comparison. The data provided is obtained from sources considered to be authentic and reliable. However, we are not responsible for any error or inaccuracy or for any losses suffered on account of information.
Our tools are designed to assist you, but should not be used on a standalone basis for the development or implementation of an investment strategy. You are requested to make your investment decisions at your own will.
PAYMENT FOR SERVICES
The Platform shall have the right to charge its Members a subscription fee for use of its Platform and Services as set out in the paisa section of the Platform. You may make payments through a debit card, credit card, internet banking or through, e-prepaid wallet or other payment method accepted by Bharosa Club. The Platform may change fee structure as it determines in its sole discretion from time to time and notice regarding the same shall be intimated to you adequately in advance prior to such change in fee structure. All charges and fees shall be exclusive of taxes and all Government taxes including but not limited to Goods and Services Tax shall be payable by you, unless indicated otherwise. All charges shall be non-transferable. Once the payment of subscription fee is received there shall be no refunds.
We will automatically bill you as per your relevant payment method at the end of your subscription term, unless you cancel your Bharosa Club membership no later than 15 days prior to the expiry of your subscription term. You can cancel your Bharosa Club membership through the Accounts section of the Platform. The membership benefits will be available till your next renewal date, after which your account will no longer have the paid membership benefits.
Bharosa Club shall not refund any money paid towards any paid plan in case of deactivation, suspension or termination of any member account.
You can review the Terms & Conditions of RazorPay, our payments service provider, for further information on the security of our payment methods. For any concerns regarding actions/decisions taken by our payments service provider, you can reach out to them at the contact information provided in their Terms & Conditions, or reach out to us at the details provided in these Terms below.
YOUR ACCOUNT DETAILS / INFORMATION
If we provide you with account information or any other relevant information such as a username, user ID, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use by the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party knowingly or unknowingly.
INTERMEDIARY STATUS AND NO LIABILITY
We do not control what you or other Members may or may not do on the Platform and are thus, not responsible for the consequences of such actions (whether online or offline). We are not responsible for services and features offered by third parties, even if you access them through our Services on the Platform. Our responsibility for anything that happens on our Platform is strictly governed by the laws of India and is limited to that extent.
THIRD PARTY LINKS
The Platform may contain links to third-party websites or services that are not owned or controlled by Company. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
The Members of the Platform understand that such other websites and their contents are neither checked nor monitored by the Company for accuracy, adequacy, completeness, functionality, timeliness or conformance with applicable laws and regulations and are not liable or responsible in any manner whatsoever for the accuracy, adequacy, completeness, functionality, timeliness and/or the functionality of the information, statements, materials, opinions, products and services contained, provided and posted on such websites or any link contained in a linked website or their conformance with the applicable laws and regulations and make no warranties, of any kind and nature whatsoever, including but not limited to warranties regarding the performance, merchantability and/or fitness for a particular purpose.
VIRUSES AND OTHER HARMFUL CONTENT
We do not guarantee that the Platform is free from errors, and technologically secure enough to restrict all viruses or other malicious software/contents. However, to the best of our ability, we will dedicate our resources to keep the Platform secure. Nevertheless, we will not be responsible for any bugs or viruses on the Platform, or any software that might be transferred to your computer from the Platform, or any consequences which the presence or operation of such programs may have.
You must ensure that you have in place up-to-date and effective anti-virus protection and firewall on your computer or other browsing device. You must not upload or otherwise introduce to the Platform any viruses, malware, spyware, adware, trojan horses, worms, logic bombs, time bombs, keystroke loggers, any bots or any other programs or code that is harmful or malicious in nature, or scrape our Platform for any member information. You must not use any third parties’ system, software or technology to attempt to gain unauthorised access to the Platform, our servers, systems, hardware, software or data.
Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we will terminate your member profile and ban you from using our services. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.
LIMITATION OF LIABILITY
The Platform and Services, are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
We or our contractors, agents, licensors, directors, employees, associates, partners or suppliers will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, losses in investment products, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) howsoever arising.
Notwithstanding anything contained in these Terms, we or our directors, employees, agents will not be liable to you or any third party for any damages, liabilities, losses, and causes of action arising out of or relating to: (a) these Terms; (b) use of or access to the Bharosa Club mobile application or website; or (c) your use or inability to use the Services provided by us; or (d) any other interactions with us, or (e) any action caused by any third party, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the lower of (i) ₹500, or (ii) the amount required as per applicable laws.
You acknowledge and agree that we have offered our Services, set our prices, and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Bharosa Club. We would not be able to provide the Services to you on an economically reasonable basis without these limitations. This paragraph shall survive the termination of this Agreement.
You agree to indemnify, defend and hold harmless the Company and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of:
- Your access to or use of the Platform and Services
- Any breach by you of your obligations under these Terms.
- Your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right.
- Any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; and
- Your negligence or willful misconduct.
This obligation will survive the termination of our Terms.
If the whole or any part of the performance of our obligations under these Terms is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, , unavailability of any communication system including Internet, breach or virus in the processes or payment mechanism, sabotage, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, breach of security and encryption codes and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent that we are prevented or delayed from performing all or any part of our obligations under this Agreement despite due diligence and reasonable efforts to do so, then we will be excused from performance hereunder for so long as reasons of Force Majeure Event continue. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar / embargo to the making of the payments.
The failure of the Company to enforce any provision of these Terms will not be waiver of such provision nor of the right to enforce such provision.
GOVERNING LAW AND JURISDICTION
In all cases, you agree that disputes will be subject to the laws of India and the courts of Mumbai shall have exclusive jurisdiction over all such disputes.
The rights and obligations under these Terms are granted only to you and shall not be assigned to any third party without our consent. However, we are permitted to assign our rights and obligations under these Terms to others. This can happen when, for example, we enter into a merger with another company and create a new company.
In case any term of the Terms is declared invalid or unenforceable for any reason whatsoever, by a court of competent jurisdiction, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from the Terms and shall in no way affect the legality, validity or enforceability of the remaining terms.
We may provide you with notices and communications by e-mail, push notifications, SMS, regular mail or postings on the Platform or by any other reasonable means.
Notices to us must be sent by courier at our registered address or by email to [email protected]
SUSPENSION OF SERVICES AND TERMINATION
The Company reserves the right to deactivate/suspend/restrict/terminate any member account without prior notice and at its sole discretion, including without limitation in the following circumstances:
- when it comes to the notice of the Company, that information provided by the member at the time of registration is false or incorrect;
- unauthorised use of, or access to, the Platform by the member;
- non-payment of subscription fees; and
- violation of any of the terms and conditions of these Terms or Member’s obligations.
Further the account can be suspended on account of any regulatory, legal or lawful obligation prescribing or indication action on the account or on account of any obligation arising on Bharosa Club.
The Member may terminate their member account by emailing us at [email protected]. Such termination request can only be initiated when there is no money due from you to Bharosa Club.
CONSEQUENCES OF TERMINATION AND REFUNDS
Post termination, we will cease to make available your access to your member account. We will not refund any money paid towards any paid plan in case of deactivation/suspension/restriction/termination of any member account by us.
GRIEVANCE REDRESSAL AND CUSTOMER CARE
As part of our commitment to the privacy and safety of our Members, we continue to work alongside the government authorities in order to keep our Members safe. We have appointed a grievance officer, who can be contacted directly if a Member has a concern about their use of the Platform. We have put together a robust grievance redressal mechanism in place to help resolve any concerns or complaints raised by you with respect to the Platform.
In the event of any grievances in relation to these Terms or the Platform, the Member can send an email to our grievance officer, Anita Bhargava, Head of Growth, at [email protected] or at the following address: 401, Aradhana Apartments, Sector 13 R. K. Puram, New Delhi – 110066