PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE WEBSITE AND MOBILE APPLICATION OF GETBASIS SECURITIES AND TECHNOLOGIES INDIA PRIVATE LIMITED. THESE TERMS & CONDITIONS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND MOBILE APPLICATION OWNED AND OPERATED BY GETBASIS SECURITIES AND TECHNOLOGIES INDIA PRIVATE LIMITED. THE WEBSITE AND MOBILE APPLICATION IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS & CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS & CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE AND/OR MOBILE APPLICATION. BY ACCESSING OR USING THE WEBSITE AND/OR MOBILE APPLICATION, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS & CONDITIONS.
Getbasis Securities and Technologies India Private Limited (“Company”, “Basis”, “we”, “us”) is a company incorporated under the Companies Act, 2013, having its registered office at No. 703, 22nd Main Road, HSR Layout 2nd Sector, Near Pharata Plaza, Bengaluru – 560102. The Company owns the website and mobile application ‘Basis’.
By visiting, accessing and using the website and Mobile Platform:
i. You agree that you have read, understood and agreed to the Terms and you acknowledge that these Terms shall apply to you and be binding on you;
ii. You declare that you are competent under Indian laws to agree to these Terms;
iii. You have the mental capacity and are of sane mind to take responsibility for your actions and consequences arising out of such actions involving the use of the website and Mobile Platform;
iv. You agree that you have understood and are bound by the rules of the services (as described below) offered on our Mobile Platform;
v. You are responsible for complying with all applicable local or national laws and for not accessing the website and Mobile Platform from an area where the Company has restricted access of the website and Mobile Platform to you for any reason whatsoever.
2. Updates / Modifications to the Terms
Kindly review these Terms periodically. The Terms may be updated / modified at any time and from time to time, for any reason at the sole discretion of the Company. Such updates/modifications will become effective immediately upon its posting on website and/or the Mobile Platform. The date of the Terms will accordingly be amended on the website and/or Mobile Platform and you will also be informed of the updates / modifications by way of an email.
Your continued use of the website and Mobile Platform following the posting of the updates / modifications to the Terms will have deemed to be your acceptance of the revised terms.
3. User Registration
The services offered on our Mobile Platform are offered exclusively to the Company’s network of registered users (“Users”, “you”, “your”) and is not open to the unregistered users.
When you register an account on the Mobile Platform:
i. You agree to provide true and accurate information for the purpose of registration, (e.g.; name, contact number, email address etc., as may be required);
iii. You will need to log in by providing either your cell phone number or email address and password for setting up a user account;
iv. You will receive a one-time-password (“OTP”) on the contact number provided by you, for the purpose of verification;
v. You understand that from time to time, you may be provided with additional codes (including referral codes) or passwords necessary to access and use certain services, features or functions of the Mobile Platform.
vi. You undertake that you shall have only one User account and not multiple accounts registered with the Mobile Platform;
vii. You undertake not to share your User account details such as your username and password with any other person for their use of the Mobile Platform;
viii. You agree and hereby consent to receive (a) periodic calls and SMS alerts (including in relation to promotions run by the Company) from the Company; and (b) newsletters from the Company; and
ix. You agree to notify the Company immediately if you become aware of or believe there is or may have been any unauthorized use of your username and/ or password or if you feel any other need to deactivate your User account due to security concerns, by writing to the Company at email@example.com.
If you have any security related concerns, please contact Support at firstname.lastname@example.org. The Company reserves the right to disclose any information about Users including their registration data in order to comply with any applicable laws and / or requests from regulatory authorities / courts of law and to safeguard the interests of its Users.
4. Description of services / Use of the Mobile Platform
The Company, through its Mobile Platform, will provide its Users a medium through which it offers basic learning modules on finance and investment. The terms and conditions of this gamified learning module, is provided at the end of these Terms under the section titled ‘Description and Rules of the Gamified Learning Module’.
The Company will also publish third party content or its own content, on various topics, such as company profiles and stories of customers who have used the Mobile Platform, as part of its news drive on the Mobile Platform, purely for information purposes. The Company will seek your consent prior to publishing any information about you.
You should not use the website and Mobile Platform:
i. for any purpose that is unlawful, illegal or forbidden by law;
ii. in any manner that harms the Company or its directors, employees, affiliates, distributors, partners, service providers, and / or any other User;
iii. to remove any copyright and other proprietary notices contained in any content on the website and Mobile Platform or in relation to the services offered by the Company;
iv. to copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property on the website and Mobile Platform or in relation to the services offered by the Company;
v. to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material; and
vi. in any manner other than as agreed in the Terms.
When you use the website and Mobile Platform, you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any content, through the website and Mobile Platform, that:
i. Belongs to another person and to which you have no right;
ii. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
iii. Harms minors in anyway;
iv. Infringes any patent, trademark, copyright, or other proprietary rights;
v. Violates any applicable laws;
vi. Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
vii. Impersonates another person;
viii. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or
ix. Threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5. Referrals and Rewards
From time to time, the Company may offer referral bonuses and rewards to the User for inviting new users to the platform and for completing other activities.
6. Intellectual Property
a. Rights of the Company
i. All intellectual property including in relation to any stories, articles, blogs, visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, techniques and processes used, and any trademarks, logos, images and other content available on the website and Mobile Platform belongs exclusively to the Company and / or its licensors. Through your use of the website and Mobile Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by the Company to you.
ii. The Company and / or its licensors assert all proprietary rights in the trademarks and copyright depicted on the website and Mobile Platform. Any unauthorized use of the Company’s trademarks or copyright in connection with any other good, service or offering will constitute an infringement of the trademark and copyright of the Company and / or its licensors and may be actionable under the applicable laws.
iii. You hereby grant the Company a perpetual, non-revocable, worldwide, royalty-free license to use, copy, distribute, display, reproduce, modify, adapt, the content posted/published by you on the website and Mobile Platform.
b. Rights of the User
i. The Company grants you a limited royalty-free right for your personal and non-commercial use of the website and Mobile Platform, for the time that you are a User with the Company;
ii. Unless explicitly stated or otherwise authorised by the Company, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content on the website and Mobile Platform, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
7. Confidential Information
You acknowledge and agree that certain information available on the website and Mobile Platform may be designated as confidential by the Company and you will not disclose such confidential information to any third party, without having obtained prior written consent / authorisation from the Company.
You agree not to use or disclose the information provided under the service to any third party including any discussion forums or for any unauthorized illegal purpose or for commercial usage. You also agree to use the information provided under any plan strictly for personal purpose. You should not recompile, disassemble, copy, modify, distribute, transmit, display, perform, reproduce, publish or create derivative works from, transfer, or sell any information, services etc. accessed here. You agree that any unauthorized use of the Company’s information or systems shall be unlawful and may subject to civil or criminal penalties.
8. Third Party Sites / Content
The website and Mobile Platform may provide links or direct you to various third party websites. If you use any of these links, you may be directed / redirected to such external websites.
If you decide to visit any such external link, you agree to do so at your own risk, responsibility and liability. The Company does not endorse any website linked to the website and Mobile Platform or the information appearing therein or any of the products or services described therein. You agree that the Company is in no way responsible for the accuracy, timeliness or completeness of information that it may obtain from these third parties and which may be posted / published on the website and Mobile Platform and as may be amended from time to time.
Any display of third party goods / services offered through the website and Mobile Platform does not in any way imply, suggest, or constitute any reputation, sponsorship or approval of the Company by any such third parties.
9. Equipment and Operation
You shall be responsible to use and maintain all telephone / Internet and other equipment necessary to access the Mobile Platform, and the cost of any such equipment and / or telephone / Internet connections or use, including any applicable taxes, shall be borne solely by you.
10. User Account Suspension and Deactivation
a. Suspensions of User accounts by the Company
There may be circumstances wherein the Company will be required to suspend the User account including use of the Basis Points (defined in the ‘Description and Rules of the Gamified Learning Module section below) which will prevent you from utilising the services on the Mobile Platform. In such events, the Company may also be required to supply relevant User details and data to the applicable authority, regulator, or other third parties including to comply with applicable laws. These actions will be taken in the event the Company has any reason to believe that your User account may be used for, including but not limited to, the following activities:
i. Fraud or attempt to defraud;
ii. Money laundering;
iii. Involvement in collusion, rigging or cheating of any kind;
iv. The Company has reason to believe you are less than 18 years old;
v. You are in a jurisdiction, wherein the services or your use of the website and Mobile Platform is illegal;
vi. You are trying to access the website and Mobile Platform from any other territory from where the Company does not accept Users;
vii. Any part of the services offered by the Company is considered illegal or a prohibited activity; or
viii. You are violating these Terms in any manner.
If investigations are on-going and unresolved issues remain, then the Company will continue to suspend the User account.
The Company reserves the right to suspend your User account at any time for any reason. The Company also reserves the right to initiate appropriate civil or criminal action against you in the event of violation of these Terms or applicable laws.
Upon suspension of your User account, regardless of the reason(s), your right to use the Mobile Platform and access the services on the Mobile Platform immediately ceases. The Company shall not be liable to you or any third party for any claims or damages arising out of any suspension of your User account or any other actions taken in connection with such account suspension.
b. Deactivation of User account by you
You may deactivate your User account at any time by writing to the Company at email@example.com. Should you wish to resume using the Mobile Platform, you will be required to reactivate the existing account at any time by writing to the Company at firstname.lastname@example.org.
11. Rights & Reservations
We reserve the right to:
i. Make all decisions in relation to inter alia your registration with the Company;
ii. Give you a username, different from the username chosen by you, if it impersonates an already existing username, or if the Company feels it is otherwise inappropriate;
iii. Request additional documents and additional information from you for the purpose of your registration as a User with the Mobile Platform; and
iv. Deny access to the Mobile Platform or any portion thereof without notice for the following reasons (a) any unauthorized access or use by you (b) attempt(s) to assign or transfer any rights granted to you under this Agreement; (c) violation of any of the provisions of the Terms or any applicable laws.
12. Liability Disclaimer
We exclude all representations and warranties relating to the website and Mobile Platform including content therein, and the services offered on the Mobile Platform. The Company disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (i) the Mobile Platform, content on the website and Mobile Platform and services offered on the Mobile Platform; (ii) third party products or services advertised on or received through any links or other sources provided on the website and Mobile Platform; (iii) any information, content or advice received through the site or links provided on the website and Mobile Platform. The Company makes no warranty or representation that any errors on the website and Mobile Platform will be corrected.
You agree that use of the website and Mobile Platform and the services offered on the Mobile Platform is at your sole discretion. The Company is not responsible for any consequences arising out your use of the website and Mobile Platform.
The website and Mobile Platform is provided on an “AS IS” and “AS AVAILABLE” basis. Neither the Company nor any third party service providers are liable for any network, technical or other operational difficulties or problems which may result in loss of your data, monetary loss, personalization settings or other interruptions in the features offered on the Mobile Platform. Neither the Company nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the website and Mobile Platform or services offered, content on the Mobile Platform or your personalization and / or User account settings.
Certain services, such as account information and maintenance services are dependent on a secure and continuous connection to external providers. The Company makes no warranties whatsoever that such connection will always be available or that there will be no errors or downtime as the connection is provided by third parties over the actions of whom the Company may have no control.
13. Regulatory Disclaimer
You understand, acknowledge and agree that:
i. The Company’s role in providing you access to the website and Mobile Platform and is for the purpose of enabling you to access the gamified learning module;
ii. The Company is not a stock exchange registered with the Securities and Exchange Board of India (“SEBI”);
iii. Neither SEBI nor any SEBI-recognised exchange has approved nor endorsed the Mobile Platform;
iv. The Company 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;
v. The Company is not engaged in the business of distributing mutual funds;
vi. The Company is not engaged in promoting the stocks of any company listed on any registered stock exchange;
vii. By using the website and Mobile Platform, the User agrees that we are not inducing any person to invest in the stocks of any company on any stock exchange;
viii. The information on the Mobile Platform should not be construed as investment advice.
14. Personal Information and Data Security
You agree to defend, hold harmless and indemnify in the Company and licensors, subsidiaries, associates, affiliates and partners of the Company from and against any and all losses, costs, expenses, damages or other liabilities incurred from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with (a) your use of the website and Mobile Platform (b) your breach of any provision of the Terms or (c) any fraud, negligence, wilful misconduct or intentional wrongdoing on your part.
You shall not settle or compromise any such matter without our prior written consent. The Company shall be entitled to participate in such defence through our own counsel at your cost and expense.
16. Limitation of Liability
To the fullest extent permitted by law, the Company is not and will not be liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the Mobile Platform or the services offered, even if the Company has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (a) the use of or the inability to use the website and Mobile Platform, (b) conduct of any User on the website and Mobile Platform, (c) unauthorized access to or alteration of transmissions or data, (d) malicious or criminal behaviour, or false or fraudulent transactions, (e) technical or other operational lapses on the website and Mobile Platform. In any event, the liability of the Company arising out of the Agreement shall not exceed INR 1,000.
17. Governing Law & Jurisdiction
This Agreement along with your use of the website and Mobile Platform is governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Either Party shall have the right to seek interim reliefs at appropriate forums / courts having jurisdiction thereof. The courts at Bengaluru, India shall have exclusive jurisdiction over all matters connected with these Terms and Your use of the website and Mobile Platform.
18. General Provisions
a. Entire Agreement: The Terms constitute an entire, valid and binding agreement between you and the Company and governs your access and use of the website and Mobile Platform.
b. Survival: Upon termination of this Agreement, any provision, which, by its nature or expiration as applied to transfers and relationship prior to such termination or expiration.
c. Advertisement: The Company shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the website and Mobile Platform.
d. Binding Nature: This Agreement shall be binding upon you and the Company and your successors-in-interests and permitted assigns.
e. Severability: If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
f. Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.
g. Assignment: You may not assign or sub-license, without the prior written consent of the Company, the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. The Company may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates.
19. Contact Us
If you have any questions or concerns regarding the Terms or for any technical support, please contact us at email@example.com.