Terms Of Service

Introduction

 

  1. THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.      

  2. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM.

  3. The domain name www.getbasis.co and its related sub-domains, sites, services, tools and its associated mobile applications (collectively, the “Platform”) is owned by Getbasis Securities And Technologies India Private Limited, a SEBI registered Investment Advisor, incorporated under the Companies Act, 2013 with its registered office at No. 703, 22nd Main Road, HSR Layout 2nd Sector, Near Pharata Plaza, Bangalore, Karnataka – 560102, (hereinafter referred to as "Getbasis” or “we” or “us” (and derivatives) which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns).

  4. Please read these Terms of Service carefully (“Terms” or “Terms of Service”), as it contains the terms and conditions governing your use of the Platform and any content such as text, data, information, software, graphics, audio, video or photographs etc. that Getbasis may make available through the Platform and any services that Getbasis may provide through the Platform. In order to use the Platform, you must first agree to the Terms. By accessing, browsing or otherwise using the Platform, you are agreeing to the Terms and concluding a legally binding contract with Getbasis. Please do not access or use the Platform if you do not agree with any of the Terms provided below or are unable to be bound by them. In addition, if you visit any of our partners’ websites/ platforms or arrive at our Platform through one of our many partners’ websites/ platforms, you may also be subject to the terms and conditions of the website/ platform of our partners. As a condition of your access to and use of the Platform, you hereby agree that you will comply with all applicable laws and regulations when using the Platform.

  5. Getbasis reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time and will notify you by email or post a conspicuous notice on the Platform in the event of any material revisions to these Terms. It is your sole responsibility to review these Terms periodically for updates or changes. Your continued use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to the Terms of Service. As long as you comply with these Terms, Getbasis grants you a personal, revocable, non-exclusive, non-transferable, limited privilege to access and use the Platform.

  6. You should read the Terms and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to you as a user of the Platform.

  7. If you are unwilling or unable to be legally bound by these Terms, please do not use the Platform. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Platform or (b) if you are not of legal age to form a binding agreement with Getbasis.

  8. Such linked information including but not limited to Getbasis’ privacy policy (“Privacy Policy”) is hereby incorporated by reference into these Terms.

 

Membership Eligibility

 

Use of the Platform is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. Getbasis reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the notice of Getbasis or if Getbasis discovers for itself that such person is not eligible to use the Platform.

 

Acceptance of Terms

 

  1. Please carefully read these Terms. By accessing or using the Platform, you are agreeing to these Terms and concluding a legally binding contract with Getbasis. You may not use the Platform if you do not accept the Terms or unable to be bound by the Terms.

  2. In order to use the Platform, you must first agree to the Terms. You can accept the Terms by:

  3. Visiting the Platform. In this case, you understand and agree that Getbasis will treat your access to the Platform as acceptance of these Terms from that point onwards; or

  4. By clicking to accept these Terms, if and when prompted on the Platform.

Access to the Platform

 

  1. Your access to the Platform may be interrupted, for reasons including but not limited to maintenance, repairs, upgrades, or network or equipment failures. Getbasis strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and Getbasis isn’t liable for any disruption or loss you may suffer as a result.

  2. Getbasis may discontinue some or all the services provided on the Platform and/or content displayed on the Platform, as it may deem fit, at any time.

 

Links to Third Party Websites

 

The Platform may contain links and interactive functionality interacting with the websites of third parties. Getbasis is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Getbasis strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

 

Use of the Platform

 

  1. You agree, undertake and covenant that, during the use of the Platform, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

  2. belongs to another person or entity and to which you do not have any right.

  3. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the laws in force in any manner whatsoever.

  4. is harmful to children.

  5. is misleading in any way.

  6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".

  7. infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number).

  8. Impersonates another person or provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.

  9. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform.

  10. engages in commercial activities without Getbasis’ prior written consent such as engages in contests, sweepstakes, barter, advertising etc.

  11. interferes with another user’s use of the Platform.

  12. refers to any website or URL that, in Getbasis’ sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.

  13. deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.

  14. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

  15. threatens the unity, integrity, defense, 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.

  16. 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.

  17. violates any law for the time being in force.

  18. In no event and under no circumstances shall Getbasis be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform. You shall not use anyone else’s account at any time.

 

Content and Intellectual Property Rights

 

  1. All of the content and services and products provided on the Platform, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“Services”) is owned by Getbasis or others (including without limitation, the third party service providers or participants) that Getbasis licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.

  2. You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by Getbasis and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Getbasis and such others. You thereby agree to protect the proprietary rights of Getbasis during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for your own personal use and for no commercial purposes whatsoever.

  3. You shall access and/or use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform; (c) violate any laws applicable in your jurisdiction, rules or regulations in connection with your access or use of the Platform, including your use of any Content (defined below); (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform; (e) access and/or use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Platform or other services; (g) access and/or use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms; (h) access and/or use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any services offered by Getbasis; or (i) derive any confidential information, processes, data or algorithms from the Platform, as may be applicable

  4. Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of the country.

Termination of access to the Platform

 

Your Account can be terminated at any time by:

  1. You, by ceasing to use the Platform.

  2. Getbasis, in its sole discretion for any reason or no reason, including your violation of these Terms or lack of use of Platform. You acknowledge that the termination of access to the Platform may be affected without any prior notice, and Getbasis may immediately deactivate or delete the Account and all related information and/or bar any further access to the Account or the services.

Regulatory Disclaimer

 

You understand, acknowledge and agree that:

  1. Getbasis is not a stock exchange registered with the Securities and Exchange Board of India (“SEBI”);

  2. Neither SEBI nor any SEBI-recognised exchange has approved nor endorsed the Platform;

  3. Getbasis is not registered or regulated by SEBI in the capacity of a depository, depository participant, custodian of securities, credit rating agencies and such other intermediaries notified by SEBI;

  4. By using the Platform, you agree that Getbasis is not inducing any person to invest in the stocks of any company on any stock exchange and any investment made shall be at your sole risk;

  5. The information on the Platform should not be construed as investment advice.

 

Disclaimer of Warranties

THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "CONTENT") ARE PROVIDED BY GETBASIS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. GETBASIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENT AND THE ACCURACY OF THE INFORMATION. GETBASIS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GETBASIS OR THROUGH OR FROM THE PLATFORM OR CONTENT SHALL CREATE ANY WARRANTY. GETBASIS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE CONTENT INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, GETBASIS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.   

 

Limitation of Liability

IN NO EVENT SHALL GETBASIS, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND GROUP COMPANIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES ON THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, YOUR FAILURE TO KEEP LOGIN CREDENTIALS OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA. THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GETBASIS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GETBASIS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE PLATFORM.

 

Indemnification

 

You shall indemnify and hold harmless Getbasis, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

 

Privacy Policy

 

Please review the Privacy Policy, which also governs your visit to the Platform, to understand Getbasis practices. The personal information / data provided to Getbasis by you during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.

 

Assignment

 

Getbasis reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.

 

Governing Law

 

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Bangalore, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Bangalore, India.

 

Severability and Waiver

 

These Terms, the Privacy Policy and other referenced material herein or on the Platform, are the entire agreement between you and Getbasis with respect to the products/services offered on the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Getbasis with respect thereto and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

Grievance Redressal Mechanism

 

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

 

Name:              Dipika Jaikishan

Address:           No. 703, 22nd Main Road, HSR Layout 2nd Sector, Near Pharata Plaza, Bangalore – 560102, Karnataka

Cell:                  +91-79757-55821

Email:                support@getbasis.co

 

For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of the Terms of Service or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

 

How to Contact Us

 

If you have questions or concerns about these Terms of Service, please contact Getbasis at the following email address: support@getbasis.co.