Disclaimer
This website,www.khambattasecurities.com (hereinafter referred to as the
"Website") is operated by Khambatta Securities Ltd. (hereinafter referred to as
"KSL").
Khambatta Securities Limited is incorporated under the Companies Act, 1956 having
its registered office at 7/10, Botawala Building, Gr. Floor, Horniman Circle, Fort,
Mumbai 400 001. Our main business is of Stock broking and we are members of The
Stock Exchange, Mumbai (BSE), and National Stock Exchange of India Limited (NSE).
We are registered as Depository Participant with Central Depository Services (I)
Limited (CDSL).
KSL is not offering any services to any person through this Website except to its
registered clients (hereinafter referred to as “Clients”), with whom KSL has signed
separate agreements ("Agreements"). The relation between the Clients and KSL will
only be governed by the Agreements and contractual obligations. Any person can use
and participate in our web site as long as he or she is a major i.e. attained the
age of 18 years and capable of entering into a legal contract as per the laws in
India.
On your registering with us and or accessing and or transmitting any data and or
information, or otherwise participating and or using our web site in any manner,
would indicate that you have understood, appreciated and accepted the rights and
obligations voluntarily, that would, there after exist between us, in totality and
without any modification to the contents contained herein. We in order to protect
yours as well as our interests and security may require altering and or amending
the rights, limitations and obligations contained herein without any prior notice
and or advise to you.
Access to any information on or through this Website is provided only on an "as
is where is basis" and "with all faults". All information or products or services
available on or through the Website, and any software made available on the Website,
are on a "best effort basis".
KSL does not, expressly or impliedly, warrant, guarantee or make any representations
concerning the use, results of use or inability to use or access the information
or content of the Website, in terms of the accuracy, reliability, completeness,
currentness, functionality, performance, continuity, timeliness or otherwise, fitness
for a particular purpose and/or non-infringement with respect to the Website and/or
the content available on it. Also, any information or data available on this Website
may contain inaccuracies and/or typographical errors. KSL does not warrant that
the Website or functions or any services thereof will be uninterrupted or free of
any error or defect or that such information will satisfy any intended purpose or
requirement of the user and the user shall not claim anything and / or in any respect
from KSL while accessing the Website, any functions and / or any services thereof.
The user / client assumes the entire risk with respect to the use, results of such
use, in terms of the accuracy, reliability, performance, completeness, comprehensiveness,
currentness, functionality, performance, continuity, timeliness of the information,
data or any content available on the Website. The user waives his or her right to
any claim based on the detrimental effects or results of any reliance placed by
the user on any information and / or functions and / or data and / or any services
available on this Website. The development of the Website with respect to the nature
of the information or data available on the Website is a continuous and an on going
process. KSL disclaims any and all liability and / or responsibility, current or
future, for any error made or omission committed with respect to the transmission
of such data, information, material and / or any services available on this Website
and / or for loss of any information or data, or any consequence, intended or unintended,
due to the operation of the Website. KSL does not assume or purport to assume any
responsibility or liability to the user with respect to the inability of the user
for the failure or inability to access or use the Website for any purpose. Moreover,
published information or data available on the Website may not be current or up
to date.
This Website is not to be and should not be construed as purporting to offer any
information or services to citizens of, jurisdictions whose laws conflict with,
differ from, or provide higher requirements than those necessitated by, the laws
of the Republic of India.
This Website may contain links to other websites operated by parties other than
KSL. Through this web site you may be linked to other web sites, web pages and /
or offers which would require you to understand and accept additional rights and
or obligations in order to participate. Such additional rights and obligations may
have been provided for in this mutual understanding but we cannot guarantee its
existence in entirety, hence the same at length shall be available on those respective
web sites, pages and or offers that are being visited and or viewed. In the event
that any of the additional rights and / or obligations accepted by you, are ever
in conflict, in whatsoever manner with your rights and obligations contained herein,
then these terms shall control. Unless mentioned otherwise herein or on the respective
web site and or web pages, all the rights, obligations and limitations contained
herein shall supersede all previous terms and conditions. For reasons whatsoever
if you may not appreciate our care and concern and the contents herein we can only
advise you to, if at all, not to access or transmit any data and or information,
participate and or use our web site in any manner in mutual interests. KSL is not
responsible for the contents of or information offered by any linked website or
any link contained in a linked website, or any changes or updates to such websites,
irrespective of whether these websites are operated by any associates of KSL, if
any, or other third parties. Inclusion of such a link on the Website does not imply
any degree of endorsement by KSL, regarding the quality of information provided
or the nature of content or functions or services if any by such a linked website
by KSL. KSL does not endorse any product or service sold by its associates, if any,
sub-brokers or any other party or make any representation or warranty, express or
implied, of any kind whatsoever, including but not limited to, warranties or merchantability
or fitness of such links for any particular purpose.
KSL does not provide and shall not be liable to any person who is accessing any
information from this Website with any investment, company affairs, legal, tax or
accounting advice or advice regarding the suitability or profitability of a security
or investment. Any information on this Website must not be construed as investment
advice, and the user should exercise due caution and / or seek independent advice
before entering into any investment or financial obligation based on any information
which is provided on this Website.
Any person who is accessing or has accessed any information or data from the Website
acknowledges and agrees that all proprietary rights, statutory or otherwise, in
the information received by such person shall remain the exclusive property of KSL.
Any reproduction, redistribution or transmission, for consideration or otherwise,
of any such information contained in the web-site is strictly prohibited and would
constitute a breach of the laws of India.
KSL shall not be liable for any claims or losses of any nature, arising directly
or indirectly, from the use and / or application of any data, functions, services,
material accessed from this Website or unauthorised access to this site or otherwise,
howsoever arising.
PERSONAL INFORMATION
The information provided by you, shall at all times be current, truthful, accurate,
complete and updated by you regularly .The making of any false statements, non disclosure
and or failure to provide timely updates of necessary information and facts would
subject you to civil and criminal liabilities, penalties, non registration and or
deactivation of your existing account with our web site without notice or intimation
of any kind to you.
We may at times need to edit, alter and or remove any information in whole or in
part that may be available on our web site and that we shall not be held responsible
for all or any actions that may subsequently culminate into any loss, damage and
or liability.
Under certain circumstances it may become necessary for us to disclose your personal
information or to adhere to the Bonafide requests of the government and or law in
either case we shall be bound and shall at all times have the legal right to disclose
any or all of your personal information
REGISTRATIONS / ACCOUNTS HELD
In order to maintain effective control and provide good service to you, you would
be permitted t to maintain ONLY ONE account with us at all times, unless a previous
registration and or account of yours has been deactivated, invalid, inoperative
or otherwise. Failure on your part to disclose such information shall make you liable
for having your account deactivated and or be liable to be prosecuted under the
civil and criminal procedures of law.
Limitation of Warranties and Indemnification All the content and or the material
made available on this web site or the linked sites are provided to you "AS IS "
and without warranty of any kind from us whether express or implied including, but
not limited to, the implied warranties of merchantability and fitness for a particular
purpose, title, non-infringement, security or accuracy and nor do we nor our affiliates,
directors, employees, associates or other representatives, agents, and or subsidiaries
if any endorse or take any responsibility for :
1. The accuracy or reliability of any opinion, advice or statement if any made through
the site or a linked site.
2. The capabilities or reliability of any product or service obtained from a linked
site if any, or make good all or part of any loss and or damage that may have been
caused by the user's reliance on any information, advice, product or service obtained
from a linked site if any.
It would be your responsibility to:
I. Evaluate any inaccuracy, error, or delay in, or omission of any such data, information,
or message if any within our website or, the transmission or delivery of any data,
information, or message if any ; or
II. any loss, expense, cost or damage arising from or occasioned by any such inaccuracy,
error, delay, or omission, non-performance, or interruption of any data, information,
or message, due either to any negligent act or omission by us or our affiliates,
agents, associates and or subsidiaries if any, or "force majeure" (i.e., flood,
extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection,
riot, labour dispute, accident, action of government, communications, power failure,
or equipment or software malfunction) or any other cause or circumstances beyond
the reasonable control of Khambatta Securities Limited.
The information that we may provide is not intended to be used by you as the sole
basis for investment decisions, nor should it be construed as advice designed to
meet the particular needs of an individual investor. In your interests we advise
that you seek the advice of professionals, as appropriate, regarding the evaluation
of any specific opinion, advice, product service or other content made available
to you through this web site or obtained from a linked site if any. Hence, if you
act on any information, advice and or opinion available either on our web site or
those sites linked with us, if any, you will not hold us nor our directors, employees,
affiliates, agents, associates and or subsidiaries or other representatives liable
for making good all or any loss or damage that has caused / occurred from adhering
upon any information, advise or opinion available on all or any of the web pages
of our web site or those linked with us.
You agree that neither us nor our affiliates, agents, associates and or subsidiaries
and any of our respective officers, directors, employees, or agents will not be
liable, whether in contract, tort, strict liability or otherwise, for any indirect,
punitive, special, consequential, incidental or indirect damages (including without
limitation lost profits, cost of procuring substitute service or lost opportunity)
arising out of or in connection with the use of our web site and or a linked site,
or with the delay or inability to use the site or a linked site, even if we have
been made aware of the possibility of such damages. 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 interconnect problems (e.g., you cannot access your internet
service provider), unauthorized access, theft, operator errors, strikes or other
labour problems or any force majeure, we cannot and do not guarantee continuous,
uninterrupted or secure access to the internet, our web site or linked site if any.
Khambatta Securities Limited may provide links to these other web sites only as
a convenience to you and any access by you of any other linked site shall be at
your consequences. We nor our respective suppliers if any make any representations
about the suitability, reliability, availability, timeliness, and accuracy of the
information, products, services, and related graphics contained on the web site
for any purpose.
Further we reserve our right to disable any unauthorized links or frames and specifically
disclaim any responsibility for the content available on any other Internet sites
linked to us.
General
As we are incorporated under the laws of India, you will appreciate that we can
only abide and follow the laws of this land for entering and or fulfilling any Agreement
between the two of us i.e. you and us. For the sake of jurisdiction for all or any
disputes arising out of or relating to the use of this web sites the courts in the
city of Mumbai in the state of Maharashtra, shall ONLY have jurisdiction. The access
and or use by you of our web site shall be deemed to be UNAUTHORIZED if the terms
and conditions contained herein, in part or in full including this paragraph are
not recognized and or not capable of being enforced in the country and or jurisdiction
from where you have voluntarily or otherwise accessed and or used our web site in
any manner. You understand and agree that no joint venture, partnership, employment,
or agency relationship exists between you and us as a result of this Agreement or
on account of use of our web site. We reserve the right to comply with any legal,
government, court and or law enforcing authorities request, requirement and or order
to provide in part and or full, any information related to our web site and or its
use and or the information gathered and or collected by us, in regular course or
otherwise and such an act by us shall not cause the derogation of our right with
respect to this Agreement nor shall it cause this Agreement to be null, void and
or violation of any terms and conditions contained herein. If at time during the
existence and subsistence of this Agreement any part of this Agreement is concluded
to be invalid or unenforceable by any law that may be applicable to this Agreement
in India shall include, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise expressly provided herein, this Agreement, its provisions
and intentions constitutes the entire Agreement between you and us with respect
to this web sites of ours and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the two of us.
Any change or amendment to this disclaimer, altering any of the provisions set out
herein, may be made at the sole discretion of KSL, without any prior notice.
In relation to any legal action or proceedings against KSL in a court of law regarding
any matter connected or related to use or access of this Website, such person accessing
this Website irrevocably submits to the exclusive jurisdiction of the courts of
Mumbai and waives any objection to such proceedings on grounds of venue or on the
grounds that the proceedings have been brought in an inconvenient forum. The governing
law in such legal proceedings referred to above shall be the laws of the Republic
of India.
Nothing contained in the Website or this Disclaimer may be construed to create a
privity of contract between the user and KSL.
Trademark Notice. Trademarks if any appearing on the website are all trademarks
/ service marks of the respective authorities. All rights accruing from the same,
statutory or otherwise, wholly vest with the respective authorities. Any violation
of the above would constitute an offence under the laws of India and international
treaties governing the same.
Copyright Notice. Except as otherwise noted on this Website, the contents of this
Website are copyrighted by KSL. All rights are reserved. No part of the information
on this Website, including text, graphics and html code, may be reproduced or transmitted
in any form by any means without the express written consent of KSL.
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