The Agreement applies to you whether you are -
- A Financial Advisor or Financial Planner or Financial Services Provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorised associates of such Service Providers or institutions (“Service Provider(s)”, “you” or “User”); or
- A Subscriber, his/her representatives or affiliates, searching for Service Providers through the Website (“End-User”, “you” or “User”); or Otherwise a user of the Website (“you” or “User”).
The Website allows Users to connect with Service Providers or other individuals ("Service Providers") who provide financial advice and/or other investment related services.
Use of the Website is available only to persons over the age of eighteen (18). If you are a minor i.e. under the age of eighteen (18) years, you shall not register as a member of the Website and shall not sell or purchase any items on the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years.
- USER ACCOUNT
- In order to use the Website, you may be required to provide information about yourself including your name, email address and other personal information. You agree that any information you provide to Moneydial on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Moneydial of any actual or suspected unauthorized use of the User’s account or password. Although Moneydial will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Moneydial or such other parties as the case may be, due to any unauthorized use of your account.
- Your Financial Planning Account is only created after you have signed up and explicitly accepted these Terms.
- Information available in your Financial Planning Account is of two types:
- Subscriber-created: Information generated and uploaded by you.
- System-created: Information generated by your APPOINTMENT with a Service Provider.
- Any System created information is provided on an as-is basis and Moneydial does not validate the said information and makes no representation in connection therewith. You should contact the relevant Service Provider in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
- The Financial Planning Account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Moneydial is not liable for any interruption that may be caused to your access of the Services.
- It is your responsibility to keep your correct mobile number and email ID updated in the Financial Planning Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Moneydial is not responsible for any loss or inconvenience caused due to your not updating your contact details for the Financial Planning Account.
- Moneydial uses industry–level security and encryption to your Financial Planning Account. However, Moneydial cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to email@example.com.
- In case you want to delete your Financial Planning Account, you can do so by accessing 'Profile' from within your account. This will ensure that your account and any associated records will be deleted from the Financial Planning Account. This will however not delete your records stored by your Service Providers.
- Moneydial’s ranking algorithm for the Service Providers is a fully automated system that lists the Service Providers, their profile and information regarding their Services on its Website. These listings of Service Providers do not represent any fixed objective ranking or endorsement by Moneydial. Moneydial will not be liable for any change in the ranking of the Service Providers, which may take place from time to time. The listing of Service Providers will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Moneydial in no event will be held responsible for the accuracy and the relevancy of the listing order of the Service Providers on the Website.
As of now, usage of the Services is free of cost, but you acknowledge that Moneydial may introduce and/or convert existing Services to paid services.
OWNERSHIP OF THE WEBSITE
- The Website contains content owned or licensed by Moneydial ("Moneydial Content"). Moneydial owns and retains all rights in the Moneydial Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Moneydial Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Moneydial Content.
- The Moneydial name and logo are trademarks of Moneydial, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Moneydial, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Moneydial, and may not be copied, imitated or used, in whole or in part, without prior written permission from Moneydial.
USE OF THE WEBSITE AND CONDUCT
- Use of the Website
- You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
- You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Website; (v) collecting or harvesting any personally identifiable information, including account names, from the Website; (vi) using the Website for any commercial purposes without having all necessary rights and licenses to the User Content; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Website; (ix) accessing any content on the Website through any technology or means other than those capabilities provided by the Website; or (x) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
User Content Guidelines:
- You are solely responsible for your conduct and any data that you submit, post or display on or via the Website. Moneydial shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by the applicable laws.
- The Website provides Users the facility to create, share and post content (together, "User Content"). Moneydial claims no ownership rights over User Content created by you. Moneydial has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.
- Moneydial takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
- You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Moneydial reserves the right, but is not obligated, to reject and/or remove any User Content that Moneydial believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- Your User Content and your use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
- To the extent that you use the Website for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website.
- Moneydial may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- Moneydial takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that Moneydial is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.
- If Moneydial determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Moneydial reserves the right to immediately suspend your access to the Website or any of your accounts with Moneydial and makes such declaration on the website alongside your name/your office’s name as determined by Moneydial for the protection of its business and in the interests of Users. You shall be liable to indemnify Moneydial for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Moneydial or its Users.
- While Moneydial will try to ensure a confirmed contact for an End-User who requested a contact on Website, Moneydial does not guarantee that a Subscriber will get a confirmed contact. Further, Moneydial has no liability if such contact is confirmed but later cancelled by Service Providers, or the Service Providers are not available as per the given contact time.
- You understand and agree that any interaction and associated issues with other Users including but not limited to your Financial issues and your experiences is strictly between you and the other Users. You shall not hold Moneydial responsible for any such interaction and associated issues. For avoidance of doubt, Moneydial is not involved in providing any Financial advice or Financial Planning and hence is not responsible for any outcome between you and the Service Provider you interact with, pursuant to any interactions on the Website. If you decide to engage with a Service Provider to provide financial services to you, you do so at your own risk. The results of any search you perform on the Website for Service Providers should not be construed as an endorsement by Moneydial of any such particular Service Provider. Moneydial shall not be responsible for any breach of service or service deficiency by any Service Provider. We cannot assure nor guarantee the ability or intent of the Service Provider(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Service Provider.
Without prejudice to the generality of the above, Moneydial will not be liable for:
- any wrong advice or services being given by the Service Provider(s), or any negligence on part of the Service Provider(s);
- any type of inconvenience suffered by the User due to a failure on the part of the Service Provider to provide agreed services or to make himself/herself available at the appointed time, no show by the Service Provider, inappropriate treatment, or similar difficulties;
- any misconduct or inappropriate behaviour by the Service Provider or the Service Provider’s staff;
- cancellation or rescheduling of booked meeting or any variance in the fees charged
- Use of the Website
RIGHTS TO USER CONTENT
- If you share your User Content with Moneydial and/or link your User Content to Moneydial on a third party service and/or post content on any social media page owned and operated by Moneydial you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Moneydial a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website and Moneydial’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website (and derivative works thereof) in any media formats and through any media channels.
- THE ADVICE OR INFORMATION PROVIDED BY SERVICE PROVIDER VIA THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU ARE ADVISED STRONGLY AGAINST RELYING SOLELY ON SUCH ADVICE, OR MAKE DECISIONS BASED SOLELY ON ADVICE PROVIDED BY ANY SERVICE PROVIDER.
- You understand and agree that although a Service Providers may be entity registered under the applicable laws, Moneydial cannot predict or assess the competence of, or appropriateness, or verify the credentials of such Service Providers. Moneydial disclaims any and all liability for any financial advice and investment services rendered by a Service Providers to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access a Service Providers through the Website and to continue to interact with such Service Provider(s), and that the role of Moneydial is strictly limited to providing access to such Service Providers to you.
- YOUR USE OF INFORMATION PROVIDED ON THE PLATFORM AND AVAILING OF SERVICES ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. MONEYDIAL IS NOT, AND WILL NOT IN ANY MANNER BE INVOLVED IN THE PRACTICE OF PROVIDING FINANCIAL ADVICE OR INVESTMENT SERVICES.
PRIVACY AND SECURITY
- You understand that Moneydial cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND USE OF THE WEBSITE IS AT THE USER’S RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONEYDIAL OR THROUGH THE WEBSITE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MONEYDIAL, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT FOUND ON THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
- MONEYDIAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MONEYDIAL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
EXCEPTIONS AND LIMITATIONS
- Moneydial does not make any representation or warranty as to the quality or value of the services offered on the Website, or availability of Service Providers. Moneydial does not implicitly or explicitly support or endorse any services on the Website. Moneydial accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- While Moneydial carries out background checks and verifications on all Service Providers, you understand and acknowledge that Moneydial does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Service Providers, or any service, advice, opinion, recommendation provided by a Service Providers. Nothing contained in these Terms, the Website or on any third party site shall be considered as an endorsement, recommendation, referral, verification, warranty or guarantee with respect to (a) any Service Providers; (b) the Website or (c) any service, advice, opinion, recommendation made available via the Website or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available via the Website.
- You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
- You agree that Moneydial is not responsible for, and does not endorse, User Content posted within the Website. Moneydial does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.
- Moneydial reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Moneydial, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Moneydial will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.
- We may, without prior notice, change the Website, stop providing the Website or features of the Website, to you or to Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
- Moneydial may terminate these Terms for any reason at any time. Moneydial reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
- You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
- IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE WEBSITE, YOU HEREBY RELIEVE MONEYDIAL, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
LIMITATION OF LIABILITY
- IN NO EVENT WILL MONEYDIAL OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MONEYDIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- BY USE OF THE WEBSITE AND THE SERVICES, THE USER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTIONS, LIABILITIES, CONSEQUENCES, DECISIONS, BEHAVIOURS (“CONDUCT”) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR SERVICES, AND SHALL IN NO WAY HOLD MONEYDIAL AND/OR ITS AFFILIATES RESPONSIBLE FOR SUCH CONDUCT.
- This Agreement shall be governed by the laws of India, and the courts of Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.
- Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
- Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
- Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
- No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
Any notice required or permitted to be given to Moneydial hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Moneydial. All notice required to be given under these Terms shall be addressed to:
Moneydial (Dot) Com (P) Ltd.
Unit no 1002-03,
Pearls Best Heights-2,
Plot no C-9 NSP, Pitampura ,
New Delhi 110034
We may change the Terms or modify any features of the Website at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the "Terms and Conditions" section at the. If you continue to use the Website after changes are posted you will be deemed to have accepted the change.