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Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000, amendments thereof from time to time and the rules thereunder 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.

Following are the Terms and conditions applicable to the use of website(s), https://www.klarfin.com, or Klarfin mobile applications owned and registered by Klarcap Technologies Private Limited ("Klarfin"). These Terms and Conditions are legally binding between Klarfin and anyone who accesses or uses this Website, including various Stakeholders (hereinafter defined) ("Users / You") to avail the services by Klarfin on the Website, applications and other platforms ("Website or Platforms").

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy, govern the Company’s, Klarcap Technologies Private Limited’s relationship with you in relation to this website.

For the purpose of this Terms & Conditions, the term, "Personal Information" shall mean and include, without limitation, personal details such as name, age, gender, address, employment details, details of bank account, any passwords, credit card, debit card, including income statements, bank account information, deductions, credits, information on dependents and other financial information obtained from you during your usage of the Website or Platforms. You understand and accept that all information, except your personal information and other data submitted by you for the purposes of transacting on the products offered through the Site shall be deemed the property of the Company, and the Company shall be free to use any ideas, concepts, know-how or techniques provided by you at the Site, in any manner whatsoever. On initiating a contact through the Site you agree to be contacted by the Company, Klarfin or any other entities with whom the Company has entered into an arrangement.

You also accept that Users to the Site are required to read the below terms, and use of the Site constitutes your acceptance and agreement to be bound by such terms, and the changes therein to the Terms from time to time, relating to your usage of the website as communicated or made available on the website.

You are 18 years of age or older and where you are acting as a Guardian on behalf of a minor, you have the necessary authority to register or sign up for services on behalf of the minor. You confirm that you are competent to contract under the Indian Contract Act, 1872. The Website or Platforms is not intended for Users under the age of 18 years, except under parental control or supervision. You are not impersonating any person or entity, or falsely stating your age or affiliation with any person or entity. Klarfin shall reserve the right to terminate your contract to use in case of any incorrect representation of the above-mentioned conditions. We will at all times assume (and by using this App you warrant that) you have the legal ability to purchase and sell the products offered by Klarfi and are capable of being bound by these Terms and Conditions. If necessary, you shall seek independent tax advice, and these Terms and Conditions do not constitute any tax advice. 

You have read and understood the Privacy Policy published on the Website. The information you provide when you register on the Website is true and correct.

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1. Use of the website is subject to the following terms

You agree that you will not use the Company’s website for any purpose that is unlawful or prohibited by these Terms. You also agree that you will not use the Site in any manner that could damage, disable or impair the website or interfere with any other party’s use, legal rights, or enjoyment of the website. Any content, material or services provided on the Website or through Platforms should not be used for any form of comparative benchmarking, ranking or survey to be conducted by any third party.

You understand and accept that not all the products and services offered on this website are available in all geographic areas and you may not be eligible for all the products or services offered by the Company, or as the case may be, on the Site. The Company, Klarfin reserves the right to determine the availability and eligibility for any product or service offered on the Website.

You agree that you shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, transfer or in any way exploit any part of any information, content, materials, services available from or through the Site, except that which you may download for your own personal and non-commercial use.

You understand and accept that Company, Klarfin is not responsible for the availability of content or other services on third party sites linked from the website. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by the Company, Klarfin in any way. The Company and/or Klarfin does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites.

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2. Account on website and/or platforms

Upon signing up to your account, you will be considered as administrator of the account and will be deemed to have authority to provide your personal details, payment details through payment gateway, and authorize Klarfin to use this information to provide you an access to and activate and use Klarfin's services. You are entirely responsible for maintaining the confidentiality of your password and account as well as all activities that occur under your account. You agree to notify Klarfin immediately of any unauthorized use of your account or any other breach of security.

Klarfin will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Klarfin or another party due to unauthorized use of your account.

The Users will create a username and password at the time of completing the registration process. The Users will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under their username and password. The Users agree to: (a) immediately notify Klarfin of any unauthorized use of their username and password or any other breach of security; and (b) ensure that they have logged off from their account at the end of each session. Klarfin will not be liable for any loss or damage arising from their failure to comply with these Terms and Conditions.

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3. Confidential Information, Data Privacy and Security of Personal Information

Personal Information submitted by you on or through the Website or Platforms and other information collected from you for the purpose of providing access to Dashboard and Platforms shall be securely stored on servers hosted by a reputed Internet Service Provider ("ISP"). Your Personal Information shall not be disclosed in any circumstances except pursuant to a valid and subsisting order of a court or other judicial, quasi-judicial or government body under applicable laws.

Klarfin may use your Personal Information or share such Personal Information with its affiliated entities or other third parties, to obtain important statistics regarding enhancing your experience on the Website and Platforms, your usage and increase of efficiency and/or effectively provide the services opted by you and/or for the purposes of software verification or administering software and/or for processing, archival or creating backup of data.

Klarfin is committed to protecting the security of your Personal Information and uses reasonable efforts and security measures, including a variety of security technologies and procedures to help protect such information from any unauthorized access, use or disclosure. However, the Website or Platforms shall not be liable for retaining your Personal Information beyond a period of three (3) years from the date of deactivation of your account for any reason whatsoever unless such data is required to be retained under any legal obligation.

Klarfin may use cookies to ascertain your specific requirements and preferences. The information generated by the cookies may be transmitted and stored with third parties. You can refuse to the use of cookies on the Website; however please note that in such case the full functionality of this Website may not be used.

Notwithstanding anything provided in this Agreement, Klarfin does not guarantee that your Personal Information will be absolutely protected at all times. Website's systems and communications networks through which you access the Website may be subject to security breaches and failures due to circumstances beyond the reasonable control of Klarfin. These may include computer "hacking", inadvertent manifestation of malware, ransomware, data theft among others. In such situations, Klarfin will try to rectify the problems at the earliest possible time. The Users hereby acknowledge and understand that all Personal Information provided to or through the Website is with their cognizance and informed consent and solely at their own risk.

Klarfin will ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.

Klarfin acknowledges that it employs industry standard security protocol to ensure that the information which Users store, transmit or transfer through the Website is protected. The Website is hosted on a secure server. Access to such data is protected by password by the database server, which only accepts connections from the Web server, and all the information transmitted from the User's account to the Web server are secured by acceptable industry standards for data security. However, Klarfin shall not be held responsible for the loss of any Personal Data that may be transmitted through the Website due to any technical issues, beyond the reasonable control of Klarfin.

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4. Restrictions on use

You will not avail the services of the Website in any manner which may be in violation of any applicable laws or against privacy or personal rights of others. Furthermore, you will not comment or post any remark on the Website and Platforms of Klarfin which may be defamatory, libelous, obscene, threatening, abusive or offensive to other Users or may be false, misleading or harassing to another person.

Users are also prohibited from violating or attempting to violate the security of the Website and its Application, including, without limitation, the following:

  1. Accessing data not intended for such User or logging into a server or account which the User is not authorized to access;

  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

  3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, "flooding", "spamming", "hacking" or "crashing"; or

  4. Attempting any act of violating system or network security may result in civil or criminal liability.

In addition to the above, you will not:

  1. Remove any copyright, trademark or other proprietary rights notices contained in the Application;

  2. Modify, adapt, translate, or reverse engineer any software integrated into the Website or otherwise to enable the Services provided on the Website or any of its feature and Application;

  3. Reformat or frame any portion of the pages that are part of the Website or its Application;

  4. Create User accounts by automated means or under false or fraudulent pretensions;

  5. Submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Klarfin;

  6. Create or transmit unwanted electronic communications such as "spam" to other Users of the Services or otherwise interfere with other User's enjoyment of the Services;

  7. Transmit any viruses, worms, defects, Trojan horses, adware, spyware, scareware, or other items/malware of destructive nature;

  8. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene;

  9. Create and manage more than one account of himself/herself on the Application at any given time;

  10. Use the Services to transmit, distribute, post, or submit any unauthorized information concerning any other person or entity, including without limitation photographs, medical information, scan reports, personal contact information, or numbers of credit, debit, or calling cards or accounts; or

  11. Use the Services for purposes otherwise than for personal use and shall not resell or charge others for use of or access to the Services, or in any other manner inconsistent with these Terms and Conditions.

 

5. Breach of Agreement

In case Klarfin finds, in its sole discretion, that any User has violated any of the terms of these Terms and Conditions, Klarfin reserves the right to take appropriate actions to prevent/control such violation, including without limitation, removing the offending communication or content from the Website and/or terminating the registration of such violators and/or blocking their use of the Services. The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who may be involved in such violations.

The Users acknowledge that in no event shall Klarfin be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the services and any other damages resulting from communications with other Users of the Services or persons the User interacts with through the Services.

 

6. Intellectual Property

The Website, Platforms and all the information, images, logos, trade names, domain names, service marks and other materials on this Website, including, inter alia, object code, source code, design, layout, user interface, and look and feel of the Website (collectively, "Intellectual Property") are the exclusive intellectual property of Klarfin and are subject to protection by intellectual property laws of India and other jurisdictions to which it may extend. The Company’s Intellectual Property shall not be used in connection with any purpose other than for the limited purposes of using Company's services and matters incidental thereto. Unless otherwise specified, the Website is for your official and non-commercial usage only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property obtained from the Website. Any unauthorized use of Company's Intellectual Property, except as mentioned above, and shall be violative of copyright, trademark, and/or other intellectual laws of India and other relevant jurisdictions.

 

7. Indemnity, Limitation of Liability and Warranty

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Klarfin, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  1. your use of and access to this Website;

  2. your violation of any term of this Agreement;

  3. violation of any of the Intellectual Property Rights of Klarfin. The indemnification obligation will survive the termination of this Agreement.

Klarfin does not control or endorse the content, messages or information shared on the Website and Platforms and therefore, it specifically disclaims any liability with regard to communications and activities performed on Website and Platforms.

Neither Klarfin nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the Website including, but not limited to: (a) damages caused by defamatory, offensive, or illegal actions on Website and Platforms; (b) damage caused by viruses, malfunctions, or harmful components accessed through the Website, and (c) damages for lost profits, loss of data, loss of opportunity, or other intangibles, whether foreseeable or unforeseeable. Further, Klarfin shall not be responsible for the contents of any linked website, payment gateway service provider, or any link contained on its Website, or any changes or updates to such Websites.

You agree to indemnify the Company, Klarfin, its directors and employees for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to non-performance and/or non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions.

You warrant that all the details and information provided by you to the Company, Klarfin while using this Website (including for the purposes of carrying out investments) shall be correct, accurate and genuine and the same shall be your proprietary. You further warrant that providing such details and information in the Website or sharing of the aforesaid details/information shall not violate any third party rights or the intellectual property rights of others.

Notwithstanding whether you opt to make your portfolio public or non-public, you hereby specifically acknowledge and agree that you shall not have any proprietary right or intellectual property right over the choice, selection, idea or concept of pool of Investments in that Portfolio; and the Company, Klarfin shall have the right to adopt or copy the Portfolio for its commercial and non-commercial use.

Further, you (and all the users of this Website) shall be solely responsible for any investment decision taken by it on the basis of the Portfolio created using this website or the system generated analysis of such a Portfolio; and the Company, Klarfin shall not be liable for any loss or damage caused to you or other users of this Website due to such an investment decision, or any kind of reliance upon it. The Company, Klarfin specifically disclaim the accuracy of the analysis or data generated or reflected while creating such a portfolio.

The information Klarfin provides through its Services does not constitute advice. Please seek independent financial advice when making investment decisions.

Other than as expressly set out in these Terms or the Investor Services Agreement, neither Klarfin nor its service partners make any specific promises about the Services. We don’t make any commitments about the content within the Services, the specific functions of the Services, or their availability to you at all times. We provide the Services “as is”.

 

8. Governing Laws and Dispute Resolution

The use of the Website shall be exclusively governed by the laws of India and the courts in Delhi, India shall have the exclusive jurisdiction over such matters. Klarfin hereby expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.

Any dispute arising out of or in connection with this Agreement, including, inter alia, any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 and the rules made there under. The decision of the majority of the arbitrators shall be final and binding on the parties. The venue of the arbitration shall be Delhi, India.

 

9. Severability

If any of the above conditions in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining Agreement.

Klarfin shall not be liable if any transaction does not fructify or may not be completed or for any failure on the part of the Klarfin to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.

“Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.

 

10. SEBI Caution

Investment in the securities market (including mutual fund investments) are subject to market risks, read all investments and scheme-related documents carefully.

For the purposes of this Agreement, the term “Offer Document/s” shall refer to a collective term for Offer Document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum, issued by the Asset Management Company that manages the mutual fund.

 

11. Refund & Cancellation

Mutual Funds - All transactions placed through the platform are directly settled with the Asset Management Companies (AMC), hence cancellations & refund after successful debit transactions is only in the hands of the AMC and the platform is not liable for any refunds.

  1. Refund from the Platform - In case your details or transactions are not successfully verified by the Asset Management Company (AMC), the platform initiates a refund within 24 hours which would reflect in your bank account within 5-7 working days. In case, you do not receive the amount within the mentioned timeline please email us at admin@klarfin.com.

  2. Refund from the AMC - In case, where the transactions are successfully verified and AMC has received the amount, a refund can only be initiated in case of any discrepancy by the Asset Management Company. The platform at no given instance has access to any customer money debited from the customer's bank account.

Digital Gold - Once the payment has been confirmed, the same shall be binding on You and cannot be cancelled. Notwithstanding anything to the contrary contained in these Terms and Conditions, Klarfin and/or Augmont shall be entitled to accept or reject the User, for any reason whatsoever, at its sole and exclusive discretion. The money shall be refunded in case of order rejection. In case of rejection of any of Your Customer Order, where payments have been received by Augmont, such payments shall be returned to You in accordance with these Terms of Use or the terms and conditions of Augmont as applicable.


 

12. Pricing and Payment policy
Except where noted otherwise, the price displayed on the App/Platform, represents the market linked price of Gold / Silver as indicated by Augmont. Market linked prices means that these quotes are linked to the prices of gold / silver in the commercial bullion market in India. However, it does not indicate that the gold prices displayed on the Platform will always be the same as that of the prevalent prices displayed in other commercial bullion markets. As a purchaser, it is your responsibility to compare the prices and take appropriate decisions after adequate diligence. Notwithstanding the foregoing, you understand that these prices may vary multiple times within a day, and accordingly Your payment obligations for any Customer Order will depend on the prices displayed at the relevant time.

Payment will be accepted through the payment options made available on the App/ Platform, which may include redirection to a payment gateways and aggregators hosted by third-party websites or UPI applications. At the time of purchase, fulfilment sale and/or transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations. All applicable fees and charges for our services will be displayed at checkout. You are responsible for ensuring the payment of all fees associated with your use of our services. However, please note that the detailed payment terms, delivery, warranty and cancellation and refund policy and other payment policy are subject to the terms and conditions of Augmont which can be accessed at either at our web portal or at https://www.augmont.com/terms-conditions.

 

About these terms

These Terms govern the relationship between Klarfin and you. They do not create any third party beneficiary rights. If you do not agree with these Terms, please stop using the Services.

If you do not comply with these Terms, and we do not take action immediately, it will not be construed as our consent to your non-compliance.

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If any term contained in these Terms is unenforceable, it will not affect the other Terms. You agree that the laws of India will apply to any dispute arising out of or in relation to these Terms or the Services.

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