Terms Of Service
- 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.
- 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 – 560102, Karnataka (hereinafter referred to as "Getbasis” 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 End User License Policy and/or 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.
2. 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.
3. Acceptance of Terms
3. 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.
3. 2. In order to use the Platform, you must first agree to the Terms. You can accept the Terms by:
3. 3. Signing up with Getbasis and logging onto Getbasis by using the Login Credentials; or
3. 4. Actually using the Platform. In this case, you understand and agree that Getbasis will treat your use of the Platform as acceptance of the Terms from that point onwards.
4. Opening an Account
The Platform allows only limited and restricted access to the services for unregistered users. In order to use the Platform, you will have to create an account by signing up on the Platform (“Account”), which can be done by providing/ using the following: (a) your cell phone number with password; or (b) email address with password; or (c) google or facebook social logins; or (d) such other login credentials that are adopted by the industry for setting up an Account with the Platform. Upon entering the required details, you may either receive a One Time Password (OTP) for the purpose of verification or your account or your account may be verified by using the google or facebook social logins or such other auto verification process adopted by the industry, and upon completion of verification, the Account is created and is ready for use. You shall not transfer or share your Account information with anyone or create more than one Account.
5. Username and Password
5. 1. Once registered, in order to log into the Account on the Platform, you will be required to provide the following: (a) your cell phone number with password; or (b) email address with password; or (c) google or facebook social logins; or (d) such other login credentials that are adopted by the industry for logging into the Account with the Platform used at the time of signing-up (“Login Credentials”). Upon being successfully registered on the Platform you will be provided access to a dashboard which shall enable you to access the following: (a) women only community; (b) bite-sized knowledge boosters; (c) advisory section which includes investment recommendation tool and financial calculator; (d) stories/ articles/ news; and (e) ability to subscribe to the Subscription Plan.
5. 2. You shall be solely responsible for maintaining confidentiality of the Login Credentials, and to the extent allowed by law, you hereby accept responsibility for all activities on the Account authenticated through the Login Credentials, whether authorized or not. You agree to keep Login Credentials confidential and secure, and you shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if you allow, whether through action or inaction, a person to gain access to the Login Credentials, with or without permission, you are authorizing that person to use the Platform through the Account, and you shall be responsible for all actions that result from such access, even if you did not want the actions performed, and even if they are unauthorized or fraudulent. Getbasis shall not be held liable in any manner whatsoever for lack of any such authorization whilst creating the Account.
5. 3. Getbasis cannot and will not be liable for any loss or damage arising from or arising out of your use of the Platform, theft of the Login Credentials, use of the Login Credentials or release of the Login Credentials to a third party or your authorization to allow another person to access and use the Platform using the Account.
5. 4. In case of any misappropriation or unauthorised access of the Account, you agree to communicate the same to Getbasis immediately. You shall further ensure that you exit/ logout from the Account at the end of each session. Getbasis shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by Getbasis or any user or visitor of the Platform due to authorised or unauthorised use of the Account, as a result of your failure in keeping the Login Credentials confidential.
5. 5. You agree that the information provided by you to Getbasis, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agrees that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if Getbasis has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with the these Terms, Getbasis shall have the right to indefinitely suspend or terminate or block access to the Account on the Platform and refuse to provide you access to the Platform. You are advised to use due caution when providing any information to Getbasis accordingly.
6. Subscription Plan and Payment Terms
6. 1. In addition to permitting the users to access the Platform, the Terms also permit the users of the Platform to purchase “Basis First”, a subscription plan allowing the users various benefits including but not limited to, (a) the ability to book personalized time bound sessions with professional advisors (b) chat sessions with financial experts; and (c) webinars and master classes hosted by professionals and industry experts on personal finance management (“Subscription Plan”).
6. 2. The users shall have the ability to purchase the Subscription Plan on a quarterly or yearly subscription (“Subscription”). When you purchase a Subscription (“Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your debit or credit card number, the expiration date of your debit or credit card (which may be aligned with our third party payment gateways) and your address(es) for billing and delivery (“Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction will be presented to you before you place your order. If you choose to initiate a Transaction, you consent and authorize us to provide your Payment Information to third party service providers for completion of the Transaction, and you further agree to: (a) pay of the applicable fees and any taxes thereon; (b) to bear any additional costs, charges, expenses (including fees and taxes thereon) that your bank or other financial service provider may levy in relation to the Transaction; and (c) permit Getbasis to charge your debit or credit card or third party payment processing account, for verification, pre-authorization and payment purposes. You will receive a confirmation email after we confirm the payment for your order. Your order is not binding on Getbasis until accepted and confirmed by Getbasis. All payments made are non-refundable and non-transferable except as expressly provided under these Terms.
7. Renewal and Termination of Subscription
All amounts are payable and charged for monthly, quarterly or yearly Subscriptions, at the beginning of the Subscription. Each such Subscription renews automatically for an additional period equal in length to the expiring Subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly, quarterly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. You can cancel the renewal of your subscription at any time by contacting us by email at email@example.com. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the services ordered until the end of your current Subscription period.
8. Agreement to receive Communication
You hereby by way of accepting these Terms consent to the receipt of communication from Getbasis by way of Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to your registration, transactions that you carry out through the Platform and promotions that are undertaken by Getbasis.
9. 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.
10. Use of the Platform
10. 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:
(A) belongs to another person or entity and to which you do not have any right.
(B) 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.
(C) is harmful to children.
(D) is misleading in any way.
(E) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
(F) 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).
(G) Impersonates another person or provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
(H) 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.
(I) engages in commercial activities without Getbasis’ prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
(J) interferes with another user’s use of the Platform.
(K) 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.
(L) 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.
(M) 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.
(N) 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.
(O) 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.
(P) violates any law for the time being in force.
10. 2. 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.
11. 1. The Platform permits payment via. various modes including online payments through debit/credit cards and internet banking.
11. 2. While availing any of the payment method/s available on the Platform, Getbasis will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
(A) Lack of authorization for any transaction(s), or
(B) Exceeding the preset limit mutually agreed between you and bank/s, or
(C) Any payment issues arising out of the transaction, or
(D) Rejection of transaction for any other reason(s) whatsoever.
11. 3. All payments made against the purchases on Platform by you shall be compulsorily in Indian National Rupees (INR). Getbasis will not facilitate transactions with respect to any other form of currency for purchases made on the Platform.
11. 4. You acknowledge that Getbasis will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of Getbasis.
12. Users Posts and Reviews
12. 1. The Platform may allow you to post certain content, data or information belonging to you, such as reviewing and allowing you to share your experience and views about a particular product/ service, and rate product/ service, post your comments and reviews in relation to the product/ service on the Platform on specific pages of the Platform, as well as submit/ post any suggestions, comments, questions or other information to Getbasis using the Platform (collectively referred to "User Content").
12. 2. You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Platform. You represent and covenant that you have obtained all relevant consents and approvals in order to post any User Content and shall not post any content relating to or owned by a third party for the promotion or sale of products/ services of such third party. You further represent that all such User Content will be in accordance with applicable laws. You acknowledge that Getbasis does not endorse any User Content on the Platform and is not responsible or liable for any User Content. Getbasis reserves the right to remove any third-party marketing material and disable access to the User Content on the Platform.
12. 3. You hereby grant Getbasis a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms; and (iii) that such User Content is lawful.
12. 4. You further represent and warrant that while posting any User Content on the Platform you shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.
13. Content and Intellectual Property Rights
13. 1. Except for User Content, 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.
13. 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.
13. 3. 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.
14. Termination of access to the Platform
14.1. Your Account can be terminated at any time by:
(A) You, by ceasing to use the Platform.
(B) 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.
15. Referrals and Rewards
From time to time, Getbasis may offer referral bonuses and rewards to you for inviting new users to the platform and for completing other activities.
16. Regulatory Disclaimer
16. 1. You understand, acknowledge and agree that:
(A) Getbasis’ role in providing you access to the Platform is for the purpose of enabling you to access the gamified learning module;
(B) Getbasis is not a stock exchange registered with the Securities and Exchange Board of India (“SEBI”);
(C) Neither SEBI nor any SEBI-recognised exchange has approved nor endorsed the Platform;
(D) 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;
(E) Getbasis is not engaged in the business of distributing mutual funds and only recommends mutual funds based on algorithms;
(F) Getbasis is not engaged in promoting the stocks of any company listed on any registered stock exchange;
(G) 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;
(H) The information on the Platform should not be construed as investment advice.
17. Rights & Reservations
17. 1. Getbasis reserve the right to:
(A) Make all decisions in relation to inter alia your registration with Getbasis;
(B) Give you a username, different from the username chosen by you, if it impersonates an already existing username, or if Getbasis feels it is otherwise inappropriate;
(C) Request additional documents and additional information from you for the purpose of your registration as a user with the Platform; and
(D) Deny access to the Platform or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you (ii) attempt(s) to assign or transfer any rights granted to you under this Terms; (iii) violation of any of the provisions of the Terms or any applicable laws.
18. 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 IT’S CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
19. 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.
Getbasis reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
23. 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.
24. Severability and Waiver
25. 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
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 (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.
26. How to Contact Us
If you have questions or concerns about this Policy, please contact Getbasis at the following email address: firstname.lastname@example.org.