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1.INTRODUCTION
Pattern Effects Labs Private Limited, including its subsidiaries, affiliates, associate/group companies and licensors (collectively Company, we, us or our) ) welcomes you, irrespective of whether you are a mere visitor or a member (the Customers, Subscriber, User, you or your)) to www.wealtheasy.ai (including www.patterneffects.com and/or any replaced or successor domain name) and Wealth Easy mobile application for android and iOS operating system accessed through any device, mobile or otherwise (collectively, the Website ).
These terms of service, together with: (a) the Company’s privacy policy, located at Privacy Policy ; (b) Company’s pricing schedule located at Pricing ; (c) the Company’s disclaimer located at Disclaimer; (d) such other guidelines, rules, policies and procedures posted by the Company on the Website, from time to time (each of which is incorporated herein by reference and form and integral part of these terms); and (e) any other agreements and terms and conditions entered into with the Company, including offline agreements (collectively Terms and Conditions govern: (a) your relationship with the Company; (b) your use of the Website; and (c) the products, services, contents, features, applications, tools, data, documents and information available through the Website and/or through Company (together with the Website, the Services).
2.TERMS AND CONDITIONS
These Terms and Conditions constitute an electronic record within the meaning of applicable law and do not require any physical or digital signatures. These Terms and Conditions are published in compliance of, and are governed by the provisions of Indian law, including but not limited to: (i) the Indian Contract Act, 1872; and (ii) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.Please read these Terms and Conditions carefully before using the Services. These Terms and Conditions apply to all Users of the Services, irrespective of the mode and the manner in which they have accessed the Services.
Use of the Website and Services is available only to persons who can enter into legally binding contracts under applicable law. The Services are not targeted towards, nor intended for use by, anyone under the age of 18 (eighteen) or anyone who is disqualified or not competent to enter into a contract under the Indian Contract Act, 1872 or any other applicable law. By using the Services, you represent and warrant that you are 18 (eighteen) years of age or older and competent to enter into a contract. If you are under the age of 18 (eighteen) or not competent to enter into a contract, you shall not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and/or change its eligibility criteria at any time.
You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
The Website is operated and controlled by us in India, and the Content (as defined below) provided in or accessible through the Website is not directed to any other jurisdiction or country, including any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject the Company to any registration or other requirement within such jurisdiction or country. Access to the Website/ Services from countries, territories and jurisdictions where such access is illegal, is prohibited.
If you are using the Services on behalf of an entity, company or other organization/association, you represent and warrant that you: (i) have the authority to bind such entity, company or organization/association to these Terms and Conditions; and (ii) agree to be bound by these Terms and Conditions on behalf of such entity, company or organization/association
If you are using the Services on behalf of any other person (whether under his authority or otherwise), you represent and warrant that you: (i) have the authority to bind such person to these Terms and Conditions; and (ii) agree to be bound by these Terms and Conditions on behalf of such person.
Accessing, browsing or using the Website and the Services constitutes your unconditional acceptance and agreement to be bound by these Terms and Conditions.
By using our Website, you agree that we may use and share your personal information and/or sensitive personal data or information in accordance with the terms of our Privacy Policy.
The Company reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change these Terms and Conditions without prior notice to you. All such amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or browse the Website or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services. If you do not agree to any change to these Terms and Conditions, you must immediately stop using the Website and the Services.
3.COMMUNICATIONS
When you use the Website and/or Services or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records (including SMS) from us periodically and as and when required, irrespective of whether you are registered under the Do not Disturb registry under Telecom Regulatory Authority of India, Government of India (TRAI) or not.
Your act of accessing, browsing or using the Website and/or the Services, or by contacting us through any means or medium, or engaging us to provide the Services constitutes >a “verifiable request” by you authorizing us to call or send messages, to your telephone numbers provided to or registered with us, with respect to the Services.
We reserve the right to communicate with you by email or by such other mode of communication, electronic or otherwise.
4.REGISTRATION DETAILS OF THE COMPANY
Pattern Effects Labs Pvt Ltd. is a SEBI (as defined under the SEBI (Investment Advisers) Regulations, 2013) registered Investment Advisor with registration number INA200012850.
5.USE OF WEBSITE AND SERVICES
The Website is a technology-based platform provided by the Company that aims at predicting market trends of indices through the proprietary algorithm developed by the Company.
To sign up for our Services, you must register and create an account on the Website (User Account) by providing accurate information as required for registering on the Website. Subject to the opening of the User Account and successful payment of the fee levied by us in accordance with our Pricing Schedule at www.wealtheasy.ai. the User shall have a limited license to access the Website/Services and check the triggers prompted by the algorithm through the User Account, subject to these Terms and Conditions. All requests placed through the Website for opening User Accounts are subject to our acceptance. Your receipt of any confirmation does not signify our acceptance of your request. We reserve the right at any time after receipt of your request to accept or decline it for any or no reason and without liability to you or anyone else. We may require verification of information prior to the acceptance and/or fulfillment of any request.
You must provide accurate and complete information and keep your User Account information updated. You shall not select or use as a username: (i) a name which belongs to another User; (ii) the name of another person with the intent to impersonate that person; (iii) a name which is subject to the rights of any person for which you do not have an appropriate authorization; or (iv) a name that is otherwise offensive, vulgar, obscene, or not permitted by law. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete or not in accordance with these Terms and Conditions, we shall have the right to indefinitely suspend or terminate or block your access to the Website and Services.
You shall: (i) be responsible for maintaining the confidentiality of your username and password; (ii) not share your username and password with third parties; (iii) never publish, distribute or post login information for your User Account; and (iv) notify the Company promptly of any unauthorized use of your User Account and of any loss, theft or disclosure of your password. You are solely responsible for the activity that occurs on your User Account, regardless of whether the activities are undertaken by you, your employees or consultants or a third party (including your contractors or agents), and for keeping your User Account password secure. You shall never use another User’s account or registration details for obtaining the Services. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from any state, provincial, territorial or other authorities), breach of security or unauthorized use of your User Account. The Company shall not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your User Account secure.
Subject to these Terms and Conditions, we grant each User of the Services a non-exclusive, revocable, non-sublicensable, non-transferable and limited license to use the Website through the User Account, solely for the purpose of using the Services in terms hereof.
You shall not distribute, sell, license, rent or otherwise exploit your username and password for accessing your User Account in any manner whatsoever.
You shall have the ability to delete your User Account, either directly or through a request made to us at info@patterneffectslabs.com
Failure to comply with these requirements shall constitute a breach of these Terms and Conditions and shall constitute grounds for immediate termination of your User Account and your right and license to use the Website.
Certain portions of the Website will be visible/available to Users who have not registered with the Company. Such Users, nevertheless, are bound by these Terms and Conditions, to the extent these Terms and Conditions are applicable to them.
The Company does not, in any manner whatsoever, solicit any User to trade in Securities on its Website and all trading in Securities are executed solely by the User on the Broker’s platform. The Users shall place their orders/instructions directly with the Broker for buying and/selling or otherwise trading in any kind of equity securities, debt securities, derivative securities, future contracts and options (collectively, Securities).
The Company does not have access to your funds placed in the Brokers Account and shall not, in any manner whatsoever, be responsible or liable for any deposits into, or withdrawals from your Brokers Account. The funds in your Brokers Account will be your sole property, and only you or your authorized agent(s) or representative(s) will be able to access and operate it.
You understand, acknowledge and agree that the risks entailed in relying upon the forecast/prediction provided on the Website or through our Services for trading in Securities are not lower than the risks entailed in regular trading. You understand, acknowledge and agree that while the Website incorporates all the available data to predict the market trends, the Company does not guarantee any accuracy of the performance of the algorithm. You specifically agree to use the Services upon clearly understanding and assessing your risks (which risks include without limitation losing your funds invested through your Brokers Account) and you shall not have any claims, demands or actions against the Company in this regard.
The Website and the Services have been designed for informational purposes only. Please note that in the event you make any decision of trading in any Securities, the Company shall not bear any responsibility for delivery, authentication, performance or any other kind of support. Accordingly, you specifically understand, acknowledge and agree that: (i) the Website and the Services are not promoting: (a) investment strategies; and (b) any particular company or entity through its Services; (ii) the Website and the Services are not recommending any person to enter into any transaction whatsoever, including to acquire or dispose of Securities, and any decision to buy, sell or trade in any Securities is based on your independent decision; (iii) the Company does not offer any Securities and does not solicit any transaction in any kind of Securities; (iv) the Company does not access and/or enter into any transaction of whatsoever nature using your Broker’s Account; (v) the Website and the Services are not intended to provide any professional advice or opinions on any services, including financial, investment or other professional advise; (vi) the Company: (a) cannot take responsibility for or control your Broker’s Account and other information provided by you which is made available on the Website; and (b) does not examine, verify, research, endorse, validate or certify that any content provided by you and any other information submitted/uploaded by you on the Website, nor assumes that all uploaded content and information will be complete, accurate, truthful, trustworthy and reliable; (vii) the Company cannot and does not warrant or guarantee the accuracy of the algorithm used to make any decisions regarding trading in the Securities; (vii) none of the information submitted or available on the Website constitutes a solicitation, offer, opinion, or recommendation by the Company to buy, sell or trade in any securities, options or derivatives of whatsoever nature, including but not limited to the Securities; (viii) the Company does not and has not made any recommendations regarding the merit of any Securities listed on any stock exchange, or endorsed or sponsored any company or other body-corporate listed on any such stock exchange; (ix) the Company does not take part in the execution of any transaction related to or in connection with any orders placed by you through your Broker’s Account; (x) no transaction between the Broker and the Customer are executed through the Website or any part of the Services; and (xi) the Company: (a) is not responsible for any non-performance or breach of any contract entered into between you and the Broker; (b) bears no responsibility or liability whatsoever to any User or person for any failure of the Broker to fulfill its obligations under any transaction, arrangement or any other agreement entered into with the User; (c) cannot and does not guarantee the completion of any order/instruction placed by a User through the Broker’s Account, subsequent to the trigger generated on the Website and accessed by you through your User Account; and (d) shall not and is not required to mediate or resolve any dispute or disagreement between Users and the Broker.
The User acknowledges that No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. If the User chooses to engage in such transactions with or without seeking advice from a licensed and qualified financial advisor or entity, then such decision and any consequences flowing therefrom are his sole responsibility. The User understands that past performance Is not indicative of future returns.
The Customers shall thoroughly read, examine, verify, assess and understand the risks which are associated with and inherent to investing in the Securities and shall perform their own independent due diligence before investing. The Company strongly recommends you to use the information available on the Website as an initial starting point for conducting your own independent research and due diligence and make an independent, thoughtful and informed decision about your investment before initiating, undertaking and concluding an order/transaction with the Broker. Given that the Company does not research, verify, endorse, represent, warrant or guarantee the truthfulness, completeness, accuracy, reliability, or veracity of any content and information on the Website and/or on the Broker’s platform, you hereby acknowledge and agree that you are not relying on the Company, the Website and the Services for any investment decision, and that you are solely: (a) responsible for determining whether a transaction is appropriate or suitable for you based on your objectives, circumstance and independent judgement; and (b) all consequences arising therefrom, including any losses which may be incurred by you.
While the Company shall continuously work towards keeping the Website functional during the working hours of Indian stock markets (Working Hours), you hereby acknowledge that technical failures are a part of any program including the algorithm which provides the triggers on the Website. We shall take adequate steps to keep the Website running during Working Hours and in the event of any unforeseen problems or technical malfunction of our network, servers, computer systems or equipment, or software on account of technical problems or traffic congestion on the internet or combination thereof, we shall take immediate measures to remedy the problem. However, we do not assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you, including but not limited to loss of profit, data, opportunity, or otherwise, arising out of such unforeseen events and/or technical malfunction, during Working Hours or otherwise.
Use of the Services requires a supporting environment, including internet access, compatible hardware and software, and may also require periodic updates to your browser, mobile application, hardware, and/or other software. You agree that meeting these requirements is your sole responsibility and such requirements may change from time to time.
Without limiting the foregoing, the Company shall not be liable for any deficiencies in the performance of the Services and such deficiency in performance shall not constitute the Company’s failure to meet the requirements detailed in these Terms and Conditions, to the extent that any such failure is attributable to: (i) force majeure; (ii) User’s acts or omissions (including, among other things, violations of law, willful misconduct, negligent acts or breach of these Terms and Conditions); (iii) acts or omissions of third parties related to the Users; (iv) acts or omissions of the Broker; (v) restrictions/constraints imposed by applicable laws; (vi) deficiencies or defects in User’s network, computer systems, servers, software and other resources utilised by the User accessing the Website or for availing the Services; (vii) deficiencies or defects in Broker’s platform; (viii) a failure by the User to provide the Company, within a reasonable time, with any information or other material reasonably requested by the Company for the performance of the Services; (ix) any inaccurate or misleading information supplied by the User to the Company and upon which the Company relies in performing the Services hereunder; (viii) User’s failure to take such corrective action which forms a part of User’s responsibility, as may be reasonably requested and identified by the Company to the User; and (ix) such other reasons solely attributable to the User.
Notwithstanding anything contained in these Terms and Conditions, the Company shall not be required to provide a Service to the extent the provision thereof would violate or contravene any applicable law.
The User understands that the Company will only resolve his complaints with respect to the Services of the Website. The Company shall not address any complaints that the User may have with respect to the broking services provided by the Broker or the output generated by the algorithm.
The User acknowledges that the Company, its representatives and associate companies are not fiduciaries with respect to his decision to enter into this Agreement and avail the Services provided through the Website.