a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
c) The domain name www.paulasset.com ("Website") is owned and operated by Prasenjit Kumar Paul, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns (hereinafter refered to as the “Company”).
i) The term ‘Client’ shall mean any legal person that has agreed to avail of the Services (defined below) of the Company for the consideration agreed to by the Parties, and who is competent to enter into binding contracts as per the provisions of the Indian Contract Act, 1872, and in the case of an entity, such person authorised to act on the entity’s behalf and bind said equity to this Agreement;
ii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the Client and the Company individually and collectively, as the context so requires;
iii) The term ‘Service’ & ‘Services’ shall mean without limitation the provision by the Company to the Client of advice and guidance relating to the general financial management advise, stock recommendations, portfolio advisory, portfolio build-up guidance, buy/sell/hold call on any listed securities in the stock market and such other related guidance and advisory functions, for the consideration agreed to by the Parties.
e) The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
g) The Client unequivocally agrees that this Policy read with the aforementioned Agreement constitute a legally binding agreement between the Client and the Company, and that the Client shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any Service that is provided by the Website, and that the same shall be deemed to be incorporated into this Policy, and shall be treated as part and parcel of the same. The Client acknowledges and agrees that no signature or express act is required to make the Terms, Fee Policy & Policy binding on the Client, and that the Client’s act of visiting the any part of the Website constitutes the Client’s full and final acceptance of the same.
h) The Company reserves the sole and exclusive right to amend or modify this Policy without any prior permission or intimation to the Client, and the Client expressly agrees that any such amendments or modifications shall come into effect immediately. The Client has a duty to periodically check the Policy and stay updated on its requirements. If the Client continues to use the Website following such a change, the Client will be deemed to have consented to any and all amendments / modifications made to the Policy. In so far as the Client complies with this Policy, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website, and avail of the services provided therein
2. COLLECTION OF PERSONAL AND OTHER INFORMATION
a) The Client expressly agrees and acknowledges that the Company collects and stores the Client’s personal information, which is provided by the Client from time to time on the Website, including but not limited to the Client’s user name, passwords, email address, name, address, age, date of birth, sex, nationality, browsing history, IP address from where client is log-in to the website etc. The Client is aware that this information will be used by the Company/Website to provide services and features targeted at the Client, that are most likely to meet the Client’s needs, and also to customize and improve the Website to make its users’ experiences safer and easier.
b) The Client is aware that the Company/Website may automatically track certain information about the Client based upon the Client’s IP address and the Client’s behaviour on the Website, and the Client expressly consents to the same. The Client is aware that this information is used to do internal research on user demographics, interests, investments and behaviour, to enable the Company/Website to better understand, and cater to the interests of its clients. The Client is expressly made aware that such information may include the URL that the Client visited prior to accessing the Website, the URL which the Client subsequently visits (whether or not these URLs form a part of the Website), the Client’s computer & web browser information, the Client’s IP address, etc.
c) If the Client chooses to avail of the Services from the Website, the Client consents to allowing the Company/Website to collect information about the Client’s investment choices, behaviour and trends.
d) If the Client chooses to post messages / reviews / feedback anywhere on the Website, the Client is aware that any and all such information provided / uploaded will be collected and stored by the Company indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company/Website as permitted by applicable laws.
e) The Client is aware that any and all information pertaining to the Client collected by the Company, whether or not directly provided by the Client to the Company/Website, including but not limited to personal correspondence such as emails or letters, feedback from other users or third parties regarding the Client’s activities or postings on the Website, etc., may be collected and complied by the Company/Website into a a file/folder specifically created for / allotted to the Client, and the Client hereby expressly consents to the same.
f) The Client is aware that while he/she can browse some sections of the Website without being a registered user, availing of the Service and viewing the ‘Members only’ section of the Website will require the Client to make certain payments to the Company/Website for the purpose of registration. The Client is aware that the contact information provided to the Company/Website may be used to send the Client offers and promotions, whether or not based on the Client’s previous investments and interests, and the Client hereby expressly consents to receiving the same.
g) The Client is aware that the Company/Website may occasionally request the Client to complete optional online surveys. These surveys may require the Client to provide contact information and demographic information (like pincode, age, income bracket, sex, current holdings, etc.). The Client is aware that this data to is used to customise the Website for the benefit of the Client, and providing all users of the Website with services/content that the Company/Website believes they might be interested in availing of, and also to display content according to the Client’s preferences.
h) The Client is further aware that the Company/Website may occasionally request the Client to write reviews for the Services availed of by the Client from the Website. The Client is aware that such reviews will help other users of the website and the Company, and the Client hereby expressly authorises the Company/Website to publish any and all reviews written by the Client on the Website, along with the Client’s name and certain contact details, for the benefit and use of other users of the Website.
i) Nothing contained herein shall be deemed to compel the Website/Company to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the Client, and the Client hereby expressly authorises the Website/Company to remove from the Website any such content, review, survey, or feedback submitted by the Client, without cause or being required to notify the Client of the same.
a) The Client is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given user, including but not limited to a Client’s login identification, password, etc. The Client is aware that the Website places both permanent and temporary cookies in the Client’s computer’s hard drive and web browser, and does hereby expressly consent to the same.
b) The Client is further aware that the Website uses data collection devices such as cookies on certain pages of the Website to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website are only available through the use of such cookies. While the Client is free to decline the Website’s cookies if the Client’s browser permits, the Client may consequently be unable to use certain features on the Website and thereby be unable to avail of certain portions of the Service.
c) Additionally, the Client is aware that he/she might encounter ‘cookies’ or other similar devices on certain pages of the Website that are placed by third parties or affiliates of the Company/Website. The Client expressly agrees and acknowledges that the Company/Website does not control the use of such cookies/other devices by third parties, that the Company/Website is in no way responsible for the same, and that the Client assumes any and all risks in this regard.
4. DIVULGING/SHARING OF PERSONAL INFORMATION
a) The Client is aware that the Website/Company may disclose personal information if required to do so by law or if the Website/Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website/Company may also disclose the Client’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
Transactions on the Website are secure and protected. Any information entered by the Client when transacting on the Website is encrypted to protect the Client against unintentional disclosure to third parties. The Client’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the Client directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
6. THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The Client is aware that the Company/Website may use third-party advertising companies to serve ads to the users of the Website. The Client is aware that these companies may use information relating to the Client’s visits to the Website and other websites in order to provide customised advertisements to the Client. Furthermore, the Website may contain links to other websites that may collect personally identifiable information about the Client. The Company/Website is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the Client expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the Client.
7. CLIENT’S CONSENT
By using the Website and/ or by providing information to the Company through the Website, the Client consents to the collection and use of the information disclosed by the Client on the Website in accordance with this Policy, including but not limited to the Client’s consent the Company/Website sharing/divulging the Client’s information, as per the terms contained hereinabove in Section 4 of the Policy.
9. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of the Agreement and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Kolkata in West Bengal, India.
The Parties expressly agree that the Agreement and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Kolkata shall have exclusive jurisdiction over any disputes arising between the Parties.