Terms & Conditions
By registering, you certify that all information you provide, now or in the future, is consistent. TradesFactory.com reserves the right, in its sole discretion, to deny you access to this website or any portion thereof without notice for the following reasons (a) immediately by TradesFactory.com for any unauthorized access or use by you (b) immediately by TradesFactory.com if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement. By registering, the client hereby agrees to get periodic SMS Alerts and Newsletters.
TradesFactory.com, hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access TradesFactory.com provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this USER AGREEMENT.
3) COPYRIGHT & NO RETRANSMISSION OF INFORMATION:
TradesFactory.com as well as the design and information contained in this site is valuable and exclusive property of TradesFactory.com, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. All information on TradesFactory.com is the proprietary and confidential property of TradesFactory.com and cannot be repeated for any reason outside TradesFactory.com. You agree not to repeat or rebroadcast in any way any of the recommendations made on TradesFactory.com for any reason whatsoever. You agree that if you do repeat or re-post any of TradesFactory.com recommendations by any mean, you will be liable for actual and punitive damages as determined by TradesFactory.com and additional damages to be determined by Courts of Law in India.
You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by TradesFactory.com prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share TradesFactory.com, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by TradesFactory.com prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of TradesFactory.com without prior written authorization except as set forth herein. Any other use of the information contained in this site requires the prior written consent of TradesFactory.com and may require a separate fee.
4) DELAYS IN SERVICES:
Neither TradesFactory.com not its directors, employees, affiliates, agents, representatives or subcontractors shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Capitalvia.com shall have no responsibility to provide you access to TradesFactory.com while interruption is due to any such cause.
5) LIABILITY DISCLAIMER:
You expressly agree that use of the website is at your sole risk. The contents, information, software, products, features and services published on this website may include inaccuracies or typographical errors. Changes are periodically added to the contents hereinafter. TradesFactory.com and/or its respective suppliers may make improvements and/or changes in this website at any time. This website may be temporarily unavailable from time to time due to required maintenance, telecommunication interruptions, or other disruptions. TradesFactory.com (and its owners, suppliers, consultants, advertisers, affiliates, partners, employees or any other associated entities, all collectively referred to as associated entities hereafter) shall not be liable to user or member or any third party should TradesFactory.com exercise its right to modify or discontinue any or all of the contents, information, software, products, features and services published on this website. TradesFactory.com and/or its respective associated entities make no representations about the suitability of the contents, information, software, products, features and services contained on this website for any purpose. All such contents, information, software, products, features and services are provided “as is” without warranty of any kind. TradesFactory.com and/or its associated entities hereby disclaim all warranties and conditions with regard to these contents, information, software, products, features and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability. In no event shall TradesFactory.com and/or its associated entities be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any contents, information, software, products, features and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if TradesFactory.com or any of its associated entities have been advised of the possibility of damages.
6) TRADING DISCIPLINE:
CapitalVia strictly follows Trading Principle and Stop Loss Policy wherein Customer by default agree to not do/ enter any trade without Pre Informed/ Defined Stop Loss. If you trade against the stop loss policy, You alone shall be responsible for the same & CapitalVia shall have zero liability towards it. We further advise that do not trade on recommendations of employees outside the course of employment in case, if you will do so, the liability will be your own and CapitalVia shall not be accountable for any loss.
7) USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS:
If this website contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Conduct or forward surveys, contests, or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
8) EQUIPMENT AND OPERATION
You shall provide and maintain all telephone/internet and other equipment necessary to access TradesFactory.com, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access TradesFactory.com.
9) INFORMATION DISCLAIMER:
You acknowledge that the information provided through TradesFactory.com is compiled from sources, which are beyond the control of TradesFactory.com. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and TradesFactory.com does not warrant the consistency or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that TradesFactory.com is provided to you on an “as is, with all faults” basis. TradesFactory.com expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind to the users and/or any third party, including any implied warranties of consistency, timeliness, completeness, merchantability and fitness for a particular purpose, as well as any warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement. In addition, TradesFactory.com, in providing the information makes no endorsement of any particular security, market participant, or brokerage. Further, TradesFactory.com does not represent or warrant that it will meet your requirements or is suitable for your needs.
Under this User Agreement, you assume all risk of errors and/or omissions in TradesFactory.com, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the consistency and suitability of TradesFactory.com, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the User Agreement.
You agree that TradesFactory.com (including its officers, directors, employees, affiliates, group companies agents, representatives or subcontractors) shall not in any event be liable for any special, incidental or consequential damages arising out of the use or inability to use TradesFactory.com for any purpose whatsoever. TradesFactory.com and its affiliates, associates, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise to user and/or any third party.
10) LINKS TO THIRD PARTY SITES
The links in this site will allow you to leave TradesFactory.com. The linked sites are not under the control of TradesFactory.com. TradesFactory.com has not reviewed, or approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by TradesFactory.com of the site. Third party links to TradesFactory.com shall be governed by a separate agreement.
You shall indemnify, defend and hold harmless TradesFactory.com (including its 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 TradesFactory.com (b) any non-compliance by user with the terms and conditions hereof; or (c) 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 a writing signed by TradesFactory.com
12) CONFLICTING TERMS:
If there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents is prior to or subsequent to this User Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of TradesFactory.com
13) ATTORNEY’S FEES:
If TradesFactory.com takes action (by itself or through its associate companies) to enforce any of the provisions of this User Agreement, including collection of any amounts due hereunder, TradesFactory.com shall be entitled to recover from you (and you agree to pay), 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.
14) ENTIRE AGREEMENT:
This User Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and TradesFactory.com. By using the Information on TradesFactory.com., you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. TradesFactory.com does not guarantee the consistency, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute a solicitation by the information providers, TradesFactory.com or others for the purchase or sale of securities. The service is provided “as is,” without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the service. specifically, TradesFactory.com disclaims any and all warranties, including, but not limited to: (i) Any warranties concerning the availability, consistency, usefulness, or content of information, products or services, and (ii) Any warranties of title, warranty of non-infringement and warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action. Neither TradesFactory.com nor any of its employees, agents, successors, assignees, affiliates, group companies or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such countries, the respective liability of TradesFactory.com, its employees, agents, successors, assignees, affiliates, group companies and content or service providers respective liability is limited to the amount provided under said law.
15) DISPUTE SETTLEMENT:
All disputes, differences and questions of any nature which at any time arise between the parties to this agreement out of the construction of or concerning anything contained in or arising out of this agreement or as to the rights, duties or liabilities under it or the parties to it shall be referred to the sole Arbitrator under the Arbitration and Conciliation Act, 1996. The sole Arbitrator shall be appointed by the Managing Director of CapitalVia. The Arbitration Proceedings shall be held at Indore (Madhya Pradesh) India. The seat of Arbitration will be at Indore (Madhya Pradesh), India. The laws prevailing in India Shall alone apply to the Arbitration Proceedings between the parties.
Both the Parties agree that all claims, differences and disputes, including any agreements, contracts and transactions made with reference to anything incidental thereto or in pursuance thereof or relating to their validity, construction, interpretation, fulfilment or the rights, obligations and liabilities of the parties thereto and including any question of whether such dealings, transactions MOA, or contracts have been entered into or not, shall be subject to the exclusive jurisdiction of the Courts of Indore only.