Moneylicious Securities Private Limited a Company incorporated under the Companies Act, 1956 having CIN: U74999WB2012PTC184187 (“Company” or “We” or “Us” and their connotations) operates a website (URL: www.dhan.co) and a mobile application called Dhan, or any such medium or channel, online or offline, that is used for provisioning of the Company’s product & service offerings (together called as the “Dhan Platform”) which is engaged in the service of offering an online platform for carrying out trade transaction that collects personal data or information to process Users (defined hereinafter) financial and non-financial transaction requests. (“Service”). The Company is a trading member of NSE, BSE and MCX, registered with Securities & Exchange Board of India ("SEBI") and having Registration No. INZ000006031
All information collected by the Company is with the Users’ consent. The Company is however free to use, collect, and disclose information of the Users which is in the public domain. We would however save such information as required by the law, and as directed by the regulators along with such intermediaries regulated by them, for the purpose of offering You our Services, and for such further regulatory, audit, and business purposes
When Users use / register on the Dhan Platform, the Users may provide the Company with certain information voluntarily specific to the nature of the Service being availed on the Dhan Platform and/or certain information may be collected by the Company. This information may include sensitive personal information as defined under the IT rules (“Personal Information”).
The information so collected may be shared with SEBI / NSE / MCX / BSE / Depository/Clearing Corporations/ Processing Banks / Asset Management Companies of Mutual Funds / Registrar and transfer Agents / Collecting Banks / KYC Registration Agencies (KRAs), CERSAI, NBFCs, Credit Bureaus, etc. solely for the purpose of processing your transaction requests or serving You better.
The Users hereby consent to the collection of such information by the Company. In case User chooses to decline to submit Personal Information on the Dhan Platform, We may not be able to provide certain services to You. We will make reasonable efforts to notify You of the same at the appropriate time. In any case, We shall not be liable and or responsible for the denial of certain services to You, due to the lack of necessary Personal Information being provided by You.
Information collected by the Company shall include but not be limited to the following:
We also collect certain information either when the Users provide it while using the Dhan Platform or Services and / or automatically as You navigate through the Dhan Platform (which may include usage details, IP address, device ID and type, your browser type and language, the operating system used by your device, access times, and information collected through cookies, web beacons and other tracking technologies). Dhan Platform or its authorized agents shall not retain or store that information for longer than is required for the purposes except when the information may lawfully be used or is otherwise required under any other law for the time being in force. The information collected shall be used for the purpose for which it has been collected.
Any personally identifiable information provided by the User will not be considered as sensitive if it is freely available and / or accessible in the public domain.
If the Company has reasons to suspect that the information provided by any User is misleading, inaccurate, obsolete or incomplete, the Company reserves the right to refuse provision of the Services to the User, at its sole discretion.
USE OF THE INFORMATION COLLECTED:
We collect Personal Information only necessary for the following purposes:
The security of Personal Information is important and We have implemented commercially acceptable means to protect the same. Our hosting services and servers maintain its systems in accordance with industry standards and best practices to reasonably secure the information of its customers to prevent eavesdropping, and employing up-to-date software on the server. However, remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure and We cannot guarantee its absolute security. We have implemented best industry practices and security policies, rules and technical measures to protect the data including Personal Information that is under the Company’s control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. Dhan Platform follows industry best practices, using open and known principles when transferring and storing your data. We believe the biggest threat to the security and privacy of the data is if someone gains access to any of your devices. It is in the best interest of the Users to keep password safe and secret to prevent unauthorised access to the account. If You think that the security of your account has been compromised, change your password and contact Us immediately at firstname.lastname@example.org. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, We shall not be held liable for any loss whatsoever incurred by the User.
In the event, our partners and third parties distribute Personal Information outside the scope of our agreement with such partners or third parties, the Company cannot be held liable for the confidentiality. Further, in case breach of security or actions including without limitation, computer hacking, unauthorized access to computer data and storage device, computer crashes etc., the Company will not be held responsible.
SHARING OF PERSONAL INFORMATION:
The Company may share your Personal Information with third party service providers (called ‘Data Processors’) to perform certain processing activities on our behalf, such as Parties involved in hosting and enabling our Services and for the purpose of providing You with the best Services. Please note that We will not share your Personal Information with third parties allowing them to use this information for their own purposes unless You have given explicit consent thereto.
PURGING OF PERSONAL INFORMATION
You may disable or delete your Dhan Platform account at any point of time by making and completing verification of such request to Us, through the desktop website, mobile WAP site, mobile application or through the customer support, subject to the applicable terms and conditions. With this We will no longer share your data with any Data Processors. However, We shall retain your Personal Information for only as long as the purpose for its usage exists, after which the same is disposed of by Us except for any record retention required by applicable law.
The Prevention of Money Laundering Act, 2002 require transaction logs to be stored for a period of up to 5 years post the deletion of an account, the SEBI (Stock Broker and Sub Stock Broker) Regulations, 1992 requires the accounts and other details to be maintained for a minimum period of 5 years and as per the Master Circular for Depositories on preservation of records Depositories and Depository Participants are required to preserve the records and documents for a minimum period of 8 years. In line with aforementioned regulations We shall preserve the data for periods as mentioned in the applicable regulations, and their amendments from time to time. In the event of the pendency of any legal / regulatory proceeding or receipt of any legal and / or regulatory direction to that effect, We may be suggested by the applicable laws to retain your Personal Information for longer periods. We shall keep a record of the data for longer periods if required for the purpose of maintaining audit trails under SEBI or for any other purposes as required by the regulations/laws governing Us,
You also understand that the Dhan Platform operates as per certain laws, regulations and guidelines issued by multiple regulatory, statutory, and government bodies as a result we may not always be able to accept requests of purging data or deleting any information about You.
STORAGE OF PERSONAL INFORMATION
We store and process your Personal Information only in India. Our data center and systems also maintain backup which is a part of Our disaster recovery systems which is also present only in India.
THIRD PARTY DISCLAIMER:
Additionally, the Dhan Platform may allow for certain content generated by the User, which can be accessed by other Users. Such Users, including any moderators or administrators, are not authorized representatives or agents of the Company and their opinions or statements do not necessarily reflect those of the Company and We are not bound thereby to any contract to that effect. The Company expressly disclaims any liability for any reliance or misuse of such information that is made available by the Users
Cookies are small data files that a website stores on your computer. We may use persistent cookies which are permanently placed on your computer to store non-personal data such as browser, internet service provider, operating system, clickstream information and profiling information such as age, gender, income etc. While cookies have unique identification numbers, Personal Information shall not be stored on the cookies. We will use the information stored in the cookies to improve your browsing experience on Our website, by throwing up relevant content wherever possible. We will also use the cookies to store your preferences to ease navigation on the Website/app of the Dhan Platform.
RIGHTS OF THE USERS:
As a User, the Company grants complete control of the information submitted. The rights pertaining thereto are enumerated below:
Please note that Users may be asked to verify identity before responding to such requests. If the Users are unable to perform these actions themselves, please get in touch with the Grievance Officer for assistance.
Users may contact the Company by email or postal mail on the following address of the Grievance Officer:
Moneylicious Securities Private LimitedCorrespondence Address: 3rd Floor, The Western Edge I, Off Western Express Highway, Borivali (East), Mumbai – 400601, Maharashtra, India
In terms with Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures. Your acceptance to these terms as laid down under the Disclosure and Disclaimer shall be considered as Your consent to use the App, the Website, platform, the services and products (collectively referred to herein as “Services”) provided by the Dhan Platform in accordance with the terms and conditions laid down by Us.
The Dhan Platform, including any content or information contained within it or any site linked to the Website/App, or any product or service licensed or purchased through it, is provided on an "as is" basis and without warranties of any kind, either express or implied, including, but not limited to warranties of title or non-infringement or warranties of merchantability and fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable.
The Company or the Dhan Platform do not warrant that Your access to the Website/App and/or related Services will be uninterrupted or error-free, that defects will be corrected, or that the Website/App or the servers provided herein is free of viruses or other harmful components. Access to and use of the Dhan Platform and the information provided herein is at Your own risk and the Company or the Dhan Platform does not undertake any accountability for any irregularities, viruses or damage to any computer/mobile phone or any other electronic devices used to access the Services. We do not warrant or make any representations regarding the use of or any consequences resulting from the use of any product and/or Service purchased in terms of its compatibility, correctness, accuracy, and reliability or otherwise. You assume total responsibility and risk for Your use of the Dhan Platform and all related Services.
The price and value of investments and the income derived from them can increase or decrease based on the exchange rates. Changes in the rate of exchange may have an adverse effect on the value, price and income from investments. The Services and investments referred to on the Dhan Platform may have tax consequences and it is important for You to bear in mind that We do not provide tax advice of any sort. The level of taxation depends on individual circumstances and such levels and bases of taxation can change. You are advised to consult professional tax advisor in order to understand any applicable tax consequences.
We do not make any personal recommendations. The information on the Dhan Platform is provided solely to enable investors to make their own investment decisions and does not constitute a recommendation to buy, sell or otherwise deal in investments. The Services We offer may not be suitable for all Users. In case of any doubts, You are advised to seek advice from an independent financial adviser.
This Dhan Platform is only available to residents in India and is presently not available to foreign residents including non resident Indians (NRIs) in foreign jurisdictions where the services cannot be offered without prior regulatory compliance. The Services provided on the Dhan Platform do not constitute an offer to sale or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
You understand and agree that no joint venture, partnership, employment or agency relationship exists between You and Us as a result of the Services provided to you or on account of use of the Dhan Platform.
Price and availability of products and Services offered on the Dhan Platform are subject to change without prior notice.
You acknowledge and agree that the Company has offered its Services, set its prices, and entered into this Agreement in reliance upon the limitations of liability set forth herein and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and the Company. The limitations of liability set forth herein form an essential basis of the bargain between You and the Company. The Company would not be able to provide the Services to you on an economically reasonable basis without these limitations. In all cases, Company and its directors, officers, employees, agents, sponsors, consultants, business partners or Service Providers, will not be liable for any loss or damage that is not reasonably foreseeable or beyond control or management of the Company or within control or management of external partners or third party service providers.
Our automated systems may collect and analyze data about Your browsing patterns or investment choices on the Dhan Platform to provide You personally relevant product features, such as customized search results, tailored messages, product features and advertising and this analysis occurs as the content about Your usage is collected in Our systems. Dhan Platform makes use of this data to personalise and customise Your experience on best efforts basis and urges You to make Your own investment decisions by studying and understanding the investment products. All investment decisions shall be made at Your sole discretion. Mere viewing of certain information on the App or Website does not amount to advisory.
You understand and agree that all communication will be shared by Dhan Platform to Your email id and mobile number updated under communication details as a part of user profile with the Dhan Platform. In case of any change in the email id and / or mobile number at which communication needs to be shared, You shall make the necessary changes mandatorily in record with the Dhan Platform or other external entities as directed by regulations or best practices in the market. You shall confirm that the information / details provided by You is true, accurate, correct and complete on the Dhan Platform.
You understand that opening an account is subjected to correct, complete and accurate information provided for Know Your Client (KYC) verification as per the regulations applicable. The Dhan Platform will collect all necessary information from You required for KYC verification. Such KYC information will be sent to KYC Registration Agency (KRA), Dhan Platform shall not be responsible for any delay in processing the KYC request from the 3rd party agencies. The Dhan Platform shall have no control on acceptance or rejection or timelines for Your KYC information.
You understand and agree that failure to provide required documentation and information may result in rejection of KYC by the Dhan Platform or KRA or Exchanges / Depositories / CERSAI / any regulated entity, or AMC / RTA. You agree that the Dhan Platform has every right to reject the KYC application, if there is any erroneous, incomplete or misleading information provided by You or for any other reason whatsoever with / without assigning any reason or if KYC documents submitted do not comply with the KYC norms of SEBI as per regulations. The Dhan Platform or KRA or Exchanges / Depositories or CERSAI or AMC / RTA or Bank or any such regulatory organization can seek additional details for completing due diligence of the User if required as per regulations or if requested by Exchanges / Depository / KRA / CERSAI / AMC / RTA / UIDAI or any such regulatory or governing agency.
Personal Information provided by You will be used by Dhan Platform for opening the User’s account on the Dhan Platform and processing User’s KYC and will be shared with other partners like Exchanges, Depository, KRA, CERSAI, AMCs and RTAs as per the regulations or on basis of regulations & guidelines covering the products & Services availed by You. User shall be responsible for providing correct Personal Information which should match with the supporting documents or information provided for verification.
We shall validate the User's bank account(s) by validating the bank account holder name against the User's name as per his or her KYC records. This may be done based on automated technology integration with User’s bank or via manual check of the corresponding details (account holder name / account number) on a cancelled cheque / account statement / passbook / bank letter etc. The Company/Dhan platform shall take no liability for modification in bank account ownership details post validation, unless specified by the User and it will be the responsibility of the User to keep the bank account details updated.
The Dhan Platform shall use the services of Unique Identification Authority of India (UIDAI) to facilitate KYC of the Users as per the prevailing regulations. The usage of UIDAI services will be governed by UIDAI terms and conditions. In case of any ambiguity or doubts, You are advised to verify / check with the department(s) and / or other source(s) including regulations from respective regulators or governing authorities or processes as defined by Exchanges, Depository, AMCs, RTAs or other entities, and / or to obtain appropriate professional advice.
Account opening form will be generated by the Dhan Platform based on the information provided by You for KYC. We shall not be held responsible or have any control over rejections made by or KRA or Exchanges / Depositories / CERSAI / any regulated entity, or AMC / RTA any KYC or regulatory bodies on the basis of information shared and submitted by You.
Transactions between You and the Company through the Dhan Platform shall be governed by and construed in accordance with the laws of India. Any litigation regarding the agreements entered into or any transaction between You and the Company or any action at law or in equity arising out of or relating to these agreements or transaction shall be filed only in the Competent Courts of Mumbai and You hereby agree, consent and submit to the jurisdiction of such courts for the purpose of litigating any such action.
The stock exchange, Mumbai shall not be answerable, responsible or liable to any User for any act of omissions or commission, errors, mistakes and/or of the Company its partners, agents associates and Service Providers etc., or for of any noncompliance of the rules, regulations, bye-laws of the stock exchange of Mumbai, SEBI or any other laws in force from time to time. The stock exchange, Mumbai shall not be answerable, responsible or liable for any information on the Dhan Platform’s Website/App or for any services rendered by Us, Our employees and Our Service Providers.
Please note that any of Your personal details; including but not limited to, registered contact number, password, login information, email ID, date of birth, bank account, address etc., is strictly not shared with any third party i.e. any non-affiliate of Dhan Platform, without Your express consent.
We or any of our affiliates, employees, agents or any Service Providers would never contact You and ask You for your personal details such as Your login information, password, Aadhaar OTP, bank account details and such other related information. Please do not provide any details to queries from calls where such information is asked by the caller who impersonates to be an affiliate of the Company/Dhan Platform. For reporting any such information or for further queries with regard to this, please contact email@example.com.
Moneylicious Securities Private Limited, a Company incorporated under the Companies Act, 1956 having CIN: U74999WB2012PTC184187 (“Company”, “We” or “Us” and their connotations) operates a website (URL: www.dhan.co) and a mobile application called Dhan (together called as “Dhan Platform/Platform”). Our Platform primarily is engaged in the service of offering an online platform for carrying out trade transaction that collects personal data or information to process Users (defined hereinafter) financial and non-financial transaction requests.
Dhan Platform shall through its website / app provide investment information and execution services. The Dhan Platform shall use the information You provide about your investment and risk assessment to make investment recommendations to You in the form of one or more suitable exchange-traded securities available on the platform for trading or investing. The advice or information that is visible on the Dhan Platform would be prepared on the basis of information available with the Dhan Platform, including data which it receives from the 3rd Parties and also based on our understanding of assessing risk and suitability in line with your objectives, profile, and requirements as per the details / information provided by You.
The information on the Dhan Platform is provided solely to enable Users to make their own investment decisions and does not constitute a recommendation to buy, sell or otherwise deal in investments. The Services We offer may not be suitable for all Users. In case of any doubts, You are advised to seek advice from an independent financial adviser. You agree that all investment and disinvestment decisions made using any information provided on the Dhan Platform shall be based on your own evaluation of the financial circumstances. Mere viewing of certain information on the App or Website does not amount to advisory. You are also advised to check for accuracy of information displayed on the Dhan Platform, as Dhan Platform takes no responsibility towards the accuracy of the same, and all information and Services provided to You are on the best-efforts basis.
These Terms shall apply fully to your use of the Dhan Platform. By using the Dhan Platform, You agree to accept all terms and conditions written in here. You must not use the Dhan Platform if You disagree with these Terms.
In consideration of your use of the Dhan Platform, You represent that You are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Dhan Platform’s registration form or any information provided by You by other means of communication. Minors or people below 18 years old are not allowed to use this Platform and any person below the age of 18 years availing the Services shall be deemed to be an unauthorised user.
License to Use
Company hereby grants You the limited right to access, view and use the Dhan Platform only for the purposes of carrying out online trades and transactions. Any rights not expressly granted to You herein are reserved to the Company.
Opening and Operation of the Online Account
Registration to the Dhan Platform is subject to the satisfactory completion of the registration form and submission of all mandatory documents and valid Permanent Account Number ("PAN") and its subsequent verification and KYC Registration Agency (KRA) verification.
The Dhan Platform can be activated for KRA verified investors only. Accordingly, while enrolling for the Dhan Platform registration, your KRA verification process will be checked and You shall provide a copy of a valid PAN and proof of completion of Know Your Client (“KYC”) through SEBI approved KYC Registration Agency (KRA Agency) or other details as may be prescribed from time to time and these details shall get verified with KRA.
Online account opening using Aadhaar Card (“Aadhaar”) is currently available only for residents of India opening accounts for an individual (HUFs, corporate bodies, NRIs, etc., shall not be eligible).
When opening an account online using Aadhaar data will be fetched from the KYC database and cannot be edited.
Once it is ascertained that the investor is KRA verified your Dhan Platform account would be activated. The account can be operated using your Dhan Platform user id and password.
Subject to the applicable laws and regulations effective from time to time, User will be allowed to avail or use the fully-operational Services only when the User completes the KYC, investment readiness and information verification process and provides the complete personal information in accordance with the Know Your Client (“KYC”) guidelines issued by the Securities and Exchange Board of India (“SEBI”), Stock Exchanges, Depository Service Providers, Clearing Corporations, KYC Registration Agency (KRA), Authorized Registrar and Transfer Agents (“RTAs”), Asset Management Companies (“AMCs”), or any other regulatory / government agencies or authorities from time to time. Dhan Platform may use your personal data in order to provide services to You, your personal information may be processed by or transferred or disclosed to and / or by third parties like SEBI/NSE/BSE/MCX/AMC’s, RTA’s, statutory bodies or agencies, relevant banks or 3rd party service providers & partners wherever necessary to enable Us to provide Services to
You must comply with the laws that apply to You in the location that You access Company’s Services from. If any laws applicable to You restrict or prohibit You from using the Services, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. You promise that all the information You provide to the Company on accessing and/or using the Services is and shall remain true, accurate and complete at all times.
Notwithstanding anything, You are specifically restricted from all of the following:
Certain areas of the Dhan Platform are restricted from being accessed by You and We may further restrict access by You to any areas of the Platform, at any time, in absolute discretion. Any user ID and password You may have for this Platform are confidential and You must maintain confidentiality as well.
Programmes and Initiatives
Dhan Platform may from time to time have programmes to promote engagement and education among Users. Dhan Platform run/may run initiative(s) where Users participating successfully, shall be awarded through more features, recognition or any other award decided by Dhan Platform subject to the terms of the programme. Similarly, the Dhan Platform encourages Users to refer their friends and family to begin investing with the Dhan Platform. In all such cases, the Dhan Platform reserves the absolute right to change, withdraw, modify or suspend a part of or an entire programme / initiative, without any prior notice to any such User.
The Company’s decision on any condition of how any such initiative or programme shall operate would be final.
When You visit the Dhan Platform, You may see advertisements from third-party advertising companies regarding their products and services. These third-party companies may use certain information (but not including your Personal Information) such as the information about your visits to the Dhan Platform and other websites in order to provide advertisements customised to your preferences about goods and services. These display advertisements on the Dhan Platform will include financial or non-financial, products or services, owned and managed by group/affiliates of Dhan Platform or others, but are not limited to advertisements from any financial institutions about their products or from regulatory bodies to promote investor awareness.
Initial Public Offer and Application/Bidding for Initial Public Offer
You understand and acknowledge that all applications and biddings for Initial Public Offer (“IPO”) shall be made through Applications Supported by Blocked Amount (“ASBA”). You shall provide an authorization to the Self-Certified Syndicate Bank (“SCSB”) to block the application money in your bank account, for applying /bidding for IPO. You have read all terms/conditions laid down by SEBI from time to time while applying through ASBA. You hereby understand and accept that the ASBA route of applying/bidding for the IPO is being provided by the company having the IPO in affiliation with the affiliated bank. You/We hereby agree that under the ASBA route, You/We will be able to bid at cut off rate as well as within the prescribed price band and You/We will be able to bid for an amount as applicable from time to time. You/We hereby understand that under the ASBA route, You/We will be able to revise as well as withdraw our bid during the bidding period.
Retail individual investors can only withdraw ASBA bids. During the bidding period You can approach the same bank to which You had submitted the ASBA and request for withdrawal through a duly signed letter citing your application number, while, post the bid closure period, You may send withdrawal request to the registrar to the issue before the finalization of basis of allotment, who will cancel the bid and instruct SCSB to unblock the application money in the bank account after the finalization of basis of allotment. However, non-retail investors i.e. qualified institutional buyers and non-institutional investors are not eligible to withdraw their bids at any time.
You/We hereby authorize the company having an IPO to instruct the affiliated bank to block your/our bank account maintained for the purpose of executing transactions in respect of, with the full amount of the bid application. In case of upward revision additional lien will be marked to the extent of incremental amount, however in case of downward revision of bid differential money blocked earlier will not be released. Such amount if any will be released after allotment.
The amount so blocked will be debited from the said bank account only at the time of allotment. Until allotment, the amount will remain blocked in the said bank account and that the blocked amount will not be available for use. The blocked amount will be released after allotment, to the extent of unsuccessful allotment.
You hereby undertake that You have read the red herring prospectus of the company having the IPO, fully understand the risks involved and are an eligible bidder as per the applicable provisions of the SEBI / Exchanges.
Intellectual Property Rights
Other than the content You own, under these Terms, We and/or our licensors own all the intellectual property rights and materials contained in the Dhan Platform.
You agree not to remove, obscure, or alter the Dhan Platform’s or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the app / website / Service. Except as expressly authorized by Dhan Platform, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. The Dhan Platform reserves all rights not expressly granted under these Terms.
The Dhan Platform and the Services provided are on an “as is,” basis. The Company, its licensors and affiliates make no representations or warranties of any kind (express, statutory or implied) as to the operation of the Dhan Platform, provision of Services or the information, content, materials, or products included on the Dhan Platform, or in association with the Services or any third party websites or services. The Company will not be held responsible for any unethical, illegal acts performed by the Users and the action of each of the Users shall be their own responsibility solely.
The Company disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality of service and fitness for a particular purpose and shall not be responsible for any loss of data, loss of profits or any kind of misuse (statutory or otherwise) by any of its Users individually or during their interaction with each other.
You understand and agree that if You use, access, download, or otherwise obtain information, materials, or data through the app / website / Service, the same shall be at your own discretion and risk and that You will be solely responsible for any damage to your property (including your computer system and / or other device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of these Terms. You also understand and agree that the Company shall ensure the availability and access to the Dhan Platform, its products and Services on best-effort basis, and the uptime / availability of the Dhan Platform will be dependent on uptime / availability from exchanges, connectivity service partners, Internet Service Providers (ISPs) and telecom service providers. However, it can be limited due to software and hardware availability and functionality also.
You agree & confirm that if your mobile number is registered in the Do Not Disturb (“DND”) list of Telecom Regulatory Authority of India (“TRAI”), You may not receive any SMS from the Dhan Platform. You shall take steps to deregister from the DND list and shall not hold the Company/Dhan Platform liable for the non-receipt of SMS in the interim period.
Except as provided above, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
Limitation of liability
In no event shall the Company, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of the Dhan Platform, whether such liability is under contract. The Company, including its officers, directors and employees shall not be held liable for any direct or indirect, consequential or special liability arising out of or in any way related to your use of the Dhan Platform.
You hereby indemnify to the fullest extent the Company and its officers, directors, employees and agents from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way or related to: (i) Your use or misuse of the Services / app / website; (ii) any violation by You of these Terms or applicable laws; or (iii) any breach of the representations, warranties, and covenants made by You herein; or (iv) any act, neglect, misconduct or fraud on your part; or (v) sharing and or disclosing the information disclosed hereunder.
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company, including rights to settle, and You agree to cooperate with the Company’s defense and settlement of these claims. Company will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
The Company is permitted to revise these Terms at any time as it sees fit, and while using the Dhan Platform You are expected to review these Terms on a regular basis. The revised Terms shall be made available on the Website/Dhan Platform. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going forward basis with respect to your use of the Dhan Platform, availing the Services or for payment transactions initiated through the Dhan Platform after the posting date. If You do not agree with any such change, your sole and exclusive remedy is to terminate your use of the app / website / Service.
The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, You are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Company may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms. You agree that any termination of your access to the website and / or the app or any account You may have or portion thereof may be effected without prior notice, and You agree that Company will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have under law or in equity. Upon termination for any reason, you agree to immediately stop using the Dhan Platform’s app / website / Service.
You may also terminate these Terms with the Company by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination. Such termination request can only be initiated when (i) the portfolio value of the User is Zero, and (ii) there are no monies due to the Dhan Platform from the User.
Company/its authorised representative and its service providers shall not be liable for any failure to perform any of its obligations or service standards etc. if the performance is prevented, hindered or delayed by a Force Majeure Event (“Force Majeure Event”), which includes any event due to any cause beyond the reasonable control including, without limitation, unavailability of any communication system including internet, breach or virus in the processes or payment mechanism, sabotage, fire, flood, explosion, acts of God, pandemic, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, breach of security and encryption codes.
Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the Arbitration and Conciliation Act 1996, or such similar laws of India, which are not in conflict with each other. Such shall be subjected to the exclusive jurisdiction of the competent courts of Mumbai, India.
If You have any questions about these Terms, please contact us by email or postal mail on the following address:
Moneylicious Securities Private Limited