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Terms of Use | Sadhan

Terms of Use

Legal Disclosures

Section A - Terms of use

General

By visiting and/ or registering yourself on our website ‘www.sadhanwealth.com’ (‘website’) and/ or our mobile application ‘Sadhan’ (‘app’); you are agreeing to be bound by the following terms and conditions for use of these platforms. We may change these terms and conditions from time to time. By continuing to visit and/ or use our platforms, you are agreeing to be bound by the latest version of terms and conditions in force at the time of such visits/ usage. If you do not agree to any of the terms mentioned herein, you should exit the website/ app immediately.

Registration and termination

By registering for this facility you understand that ‘Sadhan’ and its directors, employees and associates (hereinafter singly and jointly referred to as ‘Sadhan’) reserves the right, in its sole discretion, to deny you access to the website/ app or any portion thereof without notice for the following reasons (a) any unauthorized access or use by you (b) if you assign or transfer (or attempt the same) any rights granted to you under this User Agreement or any other agreement that you may have entered with ‘Sadhan’; (c) if you violate any of the other terms and conditions of this User Agreement. Termination or cancellation of this Agreement shall not affect any right or relief to which ‘Sadhan’ may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to ‘Sadhan’.

License

‘Sadhan’ grants to you a non-exclusive royalty-free revocable license to:

  • View the website/ app and the material on the website/app on a computer or mobile device via a web browser.
  • Copy and store the website/app and the material on the website/app in your web browser cache memory.
  • Print pages from the website/app for your own personal non-commercial use.

‘Sadhan’ does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, republish, redistribute, broadcast, or show or play in public the website/app or the material on this website/app (in any form or media) without a prior written permission from ‘Sadhan’. Data mining i e the automated and/or systematic collection of data from the website/app is prohibited.

Ownership of intellectual property

The intellectual property in form of the website/ app and the material on the website/ app (including without limitation the text, artwork, photographs, images, music, audio material, video material and audio-visual material on the website/app) is owned by ‘Sadhan’ and its licensors.

Enforcement of Intellectual Property rights

We value and protect our intellectual property rights. If ‘Sadhan’ discovers that you have used our copyright materials in contravention of the above licence terms; ‘Sadhan’ may initiate legal proceedings against you for an injunction to stop you from using those materials and recover losses incurred, including our legal costs.

Security

Unauthorized use of the website/app, including, but not limited to, unauthorized entry into Sadhan’s systems, online accounts, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the website/app in any manner that could damage, disable, overburden, or impair this Website or service or interfere with any other party's use and experience of the website/app or service. You may not attempt to gain unauthorized access to any of our website/app or computer systems or networks connected to it, through hacking. You agree that you will not engage in any activities related to the website/app that are contrary to the applicable laws or regulations in force. The users have the primary responsibility to keep their login-ids and passwords secure and to not display such crucial information to any third person. In case of any such leak of login-id & password, ‘Sadhan’ cannot be responsible for the loss of such information, or for any act, omission, damages, claims, loss of personal information, etc arising from the use of such leakage of login-ids and passwords. ‘Sadhan’ may, at its own discretion, use certain technology on its website/app to collect information from visitors and may compile aggregate statistical information about how visitors use its website/app, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit. No individually identifiable information is collected for this purpose.

Transaction/ Service charges

Sadhan’s services on the website/ app may carry charges and fees by us as well as our network partners. By agreeing to sign up and use our platform, you are agreeing to pay for such charges as may be applicable when the services are availed. These charges may be updated from time to time. Details of latest schedule of charges will be available on our website/ app for reference of users.

Unenforceable provisions

If any provision of terms of use of the website/app is, or is found to be unenforceable under applicable law, it will not affect the enforceability of the other provisions of the terms of use of the website/ app.

Section B - Data Protection Policy

Introduction

‘Sadhan’ is committed to protection and preservation of personal information including sensitive personal data or information (‘Personal Data’) shared by any person and intends to ensure compliance with the relevant statutory provisions as applicable. This policy for protection, preservation and sharing Personal Data (‘Policy’) is an initiative by the Company in that direction.

The Company has a zero-tolerance policy towards unauthorized sharing of Personal Data and any incident of unauthorized sharing of Personal Data shall be viewed as extremely serious misconduct under every policy/rule/regulation applicable, whether included in any Company policy/rules/regulations or by operation/implication of any contract or statute (‘Service Rules’). No act of unauthorized sharing of Personal Data by nay person, whether employed or not by the Company, even if engaged by clients or by suppliers or any other business associates and visitors shall be tolerated. Any complaint of unauthorized Personal Data sharing will be immediately investigated, and appropriate action will be initiated against whom the complaint is made. Such action depending on the nature and seriousness of the offence shall include strict disciplinary action and may also result in termination of service.

All employees including those on deputation, training, contract or temporary, part time or working as consultants or vendors or having any relations with the Company in any manner (‘Authorised Person’) have a personal responsibility to ensure that their conduct is not contrary to this Policy.

Applicability

This Policy is applicable to every Authorised Person who shares/receives Personal Data with/from the Company or any Authorised Person. All terms and conditions of this Policy including collection, disclosure/sharing, storage, etc of Personal Data are governed by the relevant Laws and Rules and or any replacements/additions that may become applicable/effective. In case any portion of this Policy becomes redundant or requires amendments due to any change in laws, then this Policy shall be interpreted in terms of the applicable laws until necessary amendments are made to it.

Collection and sharing of Personal Data

Since ‘Sadhan’ is in the business of facilitating finance/financial products through its network of Authorised Persons duly authorized in this regard (‘Network Partners’), our Authorised Persons may with the owner’s prior consent, collect any of the aforesaid Personal Data as required. The purpose is purely official for the purposes of the business, either for identification of the owner and/or also for compliances that may be mandatory such a KYC, etc. The owner’s Personal Data is collected, stored and shared only with concerned Network Partners that provide products/service that the owner is seeking. You may choose not to disclose or permit sharing of Personal Data with Network Partners, but this may impact your ability to make the best use of Sadhan’s services.

Use of Personal Data

Sadhan and its Authorised Persons may use the Personal Data of its owner for:

1.    Maintenance of the owner’s profile with us.
2.    Identification of the owner as and when legally mandated.
3.    Legal compliances as mandated; and
4.    Disclosure to Network Partners for evaluation of the owner’s requirements for any products/services being offered.

Authorised Persons and Network Partners are permitted to use Personal Data disclosed by an owner only for the requisite business purposes. For the aforesaid purposes disclosure of Personal Data shall be strictly on a “need to know” basis. Any disclosure/sharing/use of personal data other than the purpose for which it has been disclosed is prohibited unless prior written consent of the owner has been procured. Breach of this struct condition shall render the offender liable.

Storage & Retention of Personal Data

Sadhan stores/retains Personal Data only as long as an owner continues to have a profile/account with us and until such time that is mandatory under any legal obligations. We also apply “Reasonable Security Practices and Procedures” prescribed under the Rules for ensuring safety of all data stored including against data theft, hacking, etc. Every Network Partner relationship is established subject to a pre-condition that the Network Partner is also compliant in this regard. However, Sadhan relies on a representation/warranty/assurance given by the concerned Network and is not in a position to ensure compliance by such Network Partners. Despite every such effort by us, should anyone become aware of any unauthorized data access or theft, we upon being notified shall immediately take necessary action in rectification. For grievances, you may write to our grievance officer Ms Rashmi Gokhale at founders@sadhanwealth.com

Construction of Policy Terms

The terms of this Policy are in addition to the Service Rules and any other terms and conditions that may be applicable to individual Authorised Persons. In case of any conflict of any term of this Policy with any other applicable Service Rules, ‘Sadhan’ reserves the right at its sole discretion to resolve the conflict as it may deem fit. ‘Sadhan’ shall periodically review the provisions of this Policy and its implementation (considering practical problems, if any, faced in the implementation of this Policy). We reserve the right to amend the provisions of this Policy, from time to time, as it deems fit, subject to the applicable laws.

Section C - Disclaimers

Information

The information available on ‘Sadhan’ website/ app is for educational purposes only. ‘Sadhan’, do not recommend, advocate, or solicit the buying, selling or holding of any investment, the use of any investment selection methodology, the use of any particular financial tool or particular trading platform, or the use of any particular financial planner, advisor or broker dealer.

Market Risk

Trading and investing always involve market related risks; investors should read all the documents carefully before investing. Investors are responsible for their trading or investment decisions and are responsible for validating all the information before making such decisions. Information about past performance of investments and analysis of underlying business of companies are additional information tools provided to assist you in analysing investment options. Future results can be quite different from the possibilities that may be presented in such analysis. Past performance does not guarantee future results.

Liability

‘Sadhan’ (Including its officers, directors, employees, affiliates, group companies, agents, representatives or subcontractors) shall not be, in any event, be liable, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or other damages of any kind whatsoever arising out of the use or inability to use our website/ app for any purpose whatsoever even if Sadhan or any other such party has been advised of the possibility thereof. Sadhan and its affiliates, officers, directors, employees, and agents shall have no liability intort, contract, or otherwise to user and/or any third party. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone, or other connectivity problems (e.g. your internet connectivity is off), unauthorized access, theft, operational errors, strikes or other labour problems or any force majeure. Sadhan cannot and does not guarantee continuous, uninterrupted, or secure access to the website/ app.

Market Information

Prices shown on the website/ app may be delayed. The prices are sourced from an exchanged approved vendor and ‘Sadhan’ is not responsible for the accuracy and correctness of the prices. Before order placement, users are redirected to the platform of their broker and see the real time prices as shown by their broker.

Service Delays

‘Sadhan’ reserves its right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information and materials on the website/ app and to suspend and/or deny access to the website/ app for a scheduled or unscheduled maintenance, upgrades, improvements or corrections. ‘Sadhan’ may discontinue or change any service described in or offered on the website/app or in any modules or parts thereof at any time it deems fit and proper. ‘Sadhan’ (including its directors, employees, affiliates, agents, representatives, or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone connectivity problems, defects, weather, strikes, walkouts, fire, riots, armed conflicts, acts of war, or other like causes. ‘Sadhan’ shall have no responsibility to provide you access to the website/app while causes for such interruption of the website/ app continue.

Indemnification

You shall indemnify, defend and hold harmless ‘Sadhan’ (including its and their officers, directors, employees, affiliates, group companies, agents, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) your access and use of the website/ app (b)any non-compliance by user with the terms and conditions hereof (c) any misrepresentation or incomplete disclosure of facts by you as a user which are required for the purpose of statutory compliance; or (d) any third party actions related to users receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in writing signed by ‘Sadhan’. If ‘Sadhan’ takes action (directly or through its affiliates) to enforce any of the provisions of these ‘Terms of Use’, including collection of any amounts due hereunder, ‘Sadhan’ shall be entitled to recover from you, in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation. You agree to pay such amounts in full.

Section D – Disclosures

1.    Sadhan Wealth Private Limited (hereinafter referred to as ‘the Company’) is a financial technology company based in Mumbai since May 2022. The company builds technology platforms for retail investors to invest in Indian equities.
2.    To enable transactions on our platform we have partnered with brokerage firms listed with Indian exchanges. Our platform is integrated with brokerage partners’ systems to ensure transactions are executed in a compliant and secure manner.
3.    Data used for calculation of historical returns and other information is provided by exchange approved third party data vendors and has neither been audited nor validated by the Company.
4.    We are not licensed to operate in any exchange, trading or settling venue outside India.
5.    Registered office of Sadhan Wealth Private Limited 
FLT 72/C, 7th Floor, Omkar Building,
Bal Govinddas Marg, Shivaji Park, Mahim
Mumbai 400016
Website - www.sadhanwealth.com
6.    Corporate Identity No. - U74999MH2022PTC382771
7.    You may reach us at support@sadhanwealth.com
8.    For grievances, write to our grievance officer Ms. Rashmi Gokhale at rashmi@sadhanwealth.com