• The following describes the terms and conditions (the "Terms and Conditions") upon which Chain-Nine Comtrade Private Limited (the "Company" or "Chain-Nine Comtrade" or "We") offers access to an app found at Google Play store and/or Apple App Store or any other app stores or company’s website where our app is hosted. It's related country specific app to you the customer, irrespective of whether or not you are an Account (as defined below) holder ("You") and the use of its services provided via the app (the "Services").
• If at any time, you do not wish to accept the Terms and Conditions, you may not use the app. Any terms and conditions proposed by you which are in addition to, or which conflict with these Terms and Conditions are expressly rejected by the Company and will have no force or effect.
• You understand and agree that The Company may discontinue or change the App at any time, without notice. You also understand and agree that The Company may discontinue or restrict your use of this App for any reason without notice
• As part of the process necessary to set up an account on the app (an "Account") and obtain access to certain parts of the Services, you will be required provide your phone number (the "Registration Credentials"). You must ensure that your Registration Credentials are accurate, truthful and updated. We reserve the right to block the creation of your Account based on our inability to confirm the authenticity of your Registration Credentials.
• We reserve the right to terminate your Account, in our sole discretion, at any time without notice. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your Account will be terminated immediately.
• Some parts of the Service are billed on a subscription basis ("Subscription(s)”). You will be billed in advance on a recurring and periodic basis ("Billing Cycle”). Billing cycles are set on a regular basis, typically half yearly.
• At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Chain 9 Comtrade Private Limited cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Chain 9 Comtrade Private Limited. customer support team.
• A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Chain 9 Comtrade Private Limited or its third-party payment processor, with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Chain 9 Comtrade Private Limited. to charge all Subscription fees incurred through your account to any such payment instruments. All amounts paid are non-refundable. You further agree to be responsible for all taxes associated with the Service, along with any transaction fees and currency conversions added by your financial institution and intermediaries. All amounts are in India Rupee.
Disclaimer and indemnity
• The Services on the Platform and the Content present on it are provided strictly on "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. The Company does not ensure or guarantee continuous, error-free, secure or virus-free operation of the Platforms or its Content including software, IOS Application, Android Application, the Member’s User Account, the transactions in the Member’s User account or continued operation or availability of any facility or service on any of the Platforms.
• The Company does not promise or ensure that you will be able to access the Member’s User Account or obtain Services whenever Member wants. It is entirely possible that you may not be able to access the Member’s User Account or the Services provided by the Company at times or for extended periods of time due to, but not limited to, system maintenance and updates.
• The Company disclaims responsibility and liability for any harm resulting from the cancellation of any Activity organized by it. As member on our Platforms, you acknowledges and agrees that you will not be entitled to any refund in case of any Service outages that may be caused by failures of the Company’s service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause within or beyond the control of the Company.
• The Company specifically disclaims any liability in connection with the Activities made available or organized on the Platforms which may require specific statutory permissions, in the event, such permissions are denied or cancelled whether prior to or during such game or event.
• The Company specifically disclaims any liability in connection with the Member’s transactions with third parties which may have advertisements or are hyperlinked on the Platforms.
• The Company disclaims any liability in connection with a violation of intellectual property rights of any party with respect to third party Content or you content posted on its Platform. Intellectual property rights in any Content not belonging to the Company belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
• The Company specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or the intermediary service provider or otherwise failure of internet services used for providing and accessing the Services.
• To the extent permitted by law, and in consideration for being allowed to participate in the Activity, you hereby agree to indemnify, save and hold harmless and defend the Company, its directors, employees, officers, agents, authorized persons, service providers and licensors (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that it may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, civil/criminal actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against the them, by any person in connection with:
• Infringement of their intellectual property rights by the Member’s publication of any content on the Company’s Platform.
• Defamatory, offensive or illegal conduct of you or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from you or otherwise;
• Use, abuse or misuse of Member’s User account on Company’s in any manner whatsoever;
• Any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with the Member’s access to or use of the Platform.
• Access to the Member’s User account by any other person accessing the Services using Member’s Username or password, whether or not with the Member’s authorization.
• Consequences of you accessing the Platforms and Services from a territory where it is illegal to avail of or access or utilize or provide such Services.
• Any other instance which involves you using the Services of the company.
• Due to the number of sources from which the content presented on the App is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the App.
• The content and the app are provided "as is", without any warranties. The company, its employees, officers, directors, affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, timeliness, noninfringement, title, merchantability or fitness for a particular purpose of the content available through the app, or the app itself, and the company hereby disclaims any such express or implied warranties.
• In no event shall the company , its employees, officers, directors, affiliates, agents or licensors be liable to you or to any third party or to anyone else for any kind of financial loss, lost profits, any special, incidental or consequential damage or any other similar damage or any other loss or injury, resulting directly or indirectly from use of the app, caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the app and any content on the app.
• In no event shall the company, its employees, officers, directors, affiliates, agents or licensors be liable to you or any third party or anyone else for any decision made or action taken by you in reliance on such content on the app or the app itself.
DISCLAIMER EXPECTED MCX AND COST & DIFFERENCE
• Expected mcx and cost & difference provided on the app is not intended as investment advice. The company does not endorse or approve data provided in those tabs. The company makes those data available to you only as a service for your own convenience. The company and its third party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of data provided in those tabs, or warrant any results from your use or reliance on data provided in those tabs.
• Any trading activity done or had done on the basis of expected mcx and cost and difference, by user or group of users. Are solely done on their risk, company shall not be prosecuted under any law that those users may have broken.
• The company will not accept any liability for loss or damage as a result of reliance on the information contained within the app including data, quotes, charts and buy/sell signals. Please be fully informed regarding the risks and costs associated with trading the financial markets, it is one of the riskiest investment forms possible. Commodity trading on margin involves high risk and is not suitable for all investors. Before deciding to trade commodities or any other financial instrument you should carefully consider your investment objectives, level of experience, and risk appetite.The company would like to remind you that the data contained in this app is not necessarily real-time or accurate. Data and quotes on expected mcx and cost & difference and spot are not provided by exchanges but rather calculated by the company, and so data may not be accurate and may differ from the actual market quotes or data, meaning quotes and data are indicative and not appropriate for trading purposes. Therefore the company doesn’t bear any responsibility for any trading losses you might incur as a result of using this data.
• Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your sole obligation to ensure that you fully comply with any law, regulation or directive, applicable to your country of residence with regards to the use of the App. The ability to access to our App does not necessarily mean that our Services, and/or your activities via the App, are legal under the laws, regulations or directives applicable to your country of residence.
• This App does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. Access to This App, and the offering of financial contracts via This App, may be restricted in certain jurisdictions, and, accordingly, users accessing This App are required to inform themselves of, and to observe such restrictions.
• The Company grants you a non-exclusive, non-transferable and limited personal license to access and use the App (the "License"). This License is conditional on your full and continuing compliance with these Terms and Conditions. You agree not to "deep-link" to the App, resell or permit access to the App to others, and not to copy any materials appearing on the App for resale or for any other purpose to others without the prior written consent of The Company. You shall be responsible and bound by any unauthorized use of the App, made in breach of this section. You agree not to use any electronic communication feature of Services on the App for any purpose that is unlawful, tortious, abusive, and intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The License granted under these Terms and Conditions will terminate if The Company believes that any information provided by you, including (but not limited to) your Registration Credentials, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of these Terms and Conditions and all rules and guidelines for each of the Services. Upon such violation, you agree to cease accessing Services. You agree that The Company, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within the Services.
• The Company may make available to you through one or more of its Services a broad range of financial information that is generated internally or obtained from the company, agents, vendors or partners ("Third Party Providers"). This includes, but is not limited to, financial market data, quotes, news, analyst opinions, research reports, graphs and data ("Market Information").
• Market Information provided on the App is not intended as investment advice. The Company does not endorse or approve the Market Information, and we make it available to you only as a service for your own convenience. The Company and its Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or warrant any results from your use or reliance on the Market Information.
• Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither The Company nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither The Company nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not "deep-link", redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by The Company to receive Market Information.
• Although The company delivers data as received from the Multi Commodities exchange of India, the data undergoes many processes and operations before it is finally delivered at user’s end. Although The Company tries its level best to ensure that the data is error free, it is not at all guaranteed. Under no circumstances, The company and any of its associates, employees, owners, etc. will be responsible for any direct or consequential loss due to incorrect, faulty or delayed data delivered through our products.
Use & Access to the App
• You shall be responsible for providing and maintaining the means by which you access the App, which may include, but is not limited to, your mobile device, connectivity hardware, and telecommunication lines.
• You shall be responsible for all access and service fees necessary to connect to the App and assume all charges incurred by use of such connectivity services. You further assume all risks associated with the use and storage of information on your mobile device or on any other through which you will gain access to the App and the Services (hereinafter referred to as "device").
• You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of your device and any information and data included therein.
• You agree that The Company will not be liable in any way to you in the event of failure of or damage or destruction to your device, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or device’s hardware or software.
• You will not in any way, whether directly or indirectly, expose The Company or any of The Company 's online service providers to any virus or other similarly harmful or inappropriate material or device.
• Also please note that occasional disruption in data dissemination services does not constitute sufficient grounds for cancellation of services. For data disruption beyond 30 mins, all paid users will automatically get 1 trading day extra to their subscription period.
Use & Access to the App
• You agree that The Company will not be liable in any way to you or to any other person in the event of force majeure (including, but not limited to, the act of any government or legal authority) or for the failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
• You agree that you are over 18 years of age and otherwise competent to contract. You agree that you are under no disability which would prevent you from entering into a contract. You agree that you have read and understood the terms of the present agreement and have consented to be bound by them out of your own free will.
• You agree and undertake that you shall verify if it is legal for you to avail of the Services offered by the Company from the territory from which you will be availing them. You shall not use the Services in a manner which may cause a breach of the applicable laws at any time whatsoever. You further agree and undertake to indemnify and render harmless the Company for any breach of the law which may occur due to the fact that you have availed of the Services from a territory which prohibits the use of the said Services or has declared the use of such Services illegal. In the event you avails of any of the Services in violation of any law applicable to the Member, you shall be solely responsible for any breach of law caused due to the said action and the Company or its directors, employees or authorized persons shall not be liable for any civil or criminal consequences which may arise out of such an action.
• You are required to take independent legal advice on whether the use of the Services of the Company is legal in the territory from which you wishes to access them before accepting the terms of the Agreement. On acceptance of the Agreement, it will be deemed that you have sought such independent legal advice and has verified the legal position and has come to an independent conclusion that the availing of the Services of the Company is not in breach of any law in the territory from which you seeks to avail them.
• The Company does not allow or permit you to avail the Services from a territory where the availing of the said Services offered by the Company is prohibited by law or is contrary to any law for the time being in force. However, it is not possible for the Company to have control over what territory you avails of the Services. You therefore agrees and understands that you shall have the sole responsibility for verifying the provisions of law to ensure that the use of the Services or any part thereof are not declared illegal in the territory from where you wishes to avail of the Services and that the Company shall not be liable for any civil or criminal consequences for any breach of law which may occur out of you using the Services of the Company from a territory which prohibits its use or which has declared the use of such Services illegal.
• You agree and undertakes that you will not, either knowingly or unknowingly share your login and password information with any other person and that the Company shall not be liable in any manner whatsoever if it is found that the Services of the Company were accessed by some other person through the account of the Member.
• Access to the Services may be possible without entering the password through “Auto Login” when such option has been selected from the device of the Member. This option is provided for the convenience of the Member. If This option is selected, you undertake to not let any third party have access to your device. If some third party accesses the device, you will be solely liable for all legal consequences and the Company shall not be liable for any consequences in any manner whatsoever. Each Member’s User Account shall be accessible through the use of a combination of a unique User ID and a unique and secret password. You are obligated to choose your /her own User ID and Password in accordance with the rules relating thereto.
• You agree that access to any of the services or any part thereof may be restricted by the Company from time to time in our sole discretion and without assigning any reasons whatsoever.
• You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the App.The Company shall not be liable, and you agree not to hold or seek to hold The Company or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
• The Company does not represent, warrant or guarantee that you will be able to access or use the App at times or locations of your choosing, or that The Company will have adequate capacity for the App as a whole or in any geographic location.
• The Company does not represent, warrant or guarantee that the App will provide uninterrupted and error-free service. The Company does not make any warranties or guarantees with respect to the App and its content, including but not limited to, warranties of merchantability or fitness for a particular purpose.
• Without limiting the foregoing The Company will not be responsible for an impossibility to execute orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond its control.
Trademarks and Copyrights
• All rights, titles and interests in and to the contents of the App, services marks, trade names, and logos are owned by The Company, or its affiliates, or other licensors and are protected by copyright and trademark laws, and international treaties.
• You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the App. You will not obtain any intellectual property rights or any right or license to use such materials or the App, other than as expressly set out in these Terms and Conditions.
• Nothing contained on the App may be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of The Company or any third party that may own the trademarks. Your use of trademarks, or any other content of the App, except as provided herein, is strictly prohibited.
Relation with Trademark Owners:
• MCX: The Company is authorised real-time data vendor of Multi Commodities Exchange of India (MCX).
• Others: We are neither associated with any of the other trademark owners listed above / mentioned on our website nor do we represent them in any manner.
Third Party content
• The Platform may contain information about or hyperlinks to third parties. In such cases, the Company is not responsible in any manner and does not extend any express or implied warranty to the accuracy, integrity or quality of the content belonging to such third party websites. If you rely on any third party content posted on the Website which does not belong to the Company, you may do so solely at Member’s own risk and liability.
• If you visit any third party website through a third party Content posted on the Platform, you will be subject to terms and conditions applicable to it. The Company neither controls nor is responsible for content on such third party websites. The fact of a link existing on the Company’s Platform to a third party website is not an endorsement of that website by the Company.
Breach and consequences
• If, in the sole discretion of the Company, there is any breach of any of the terms of the Agreement or if there is reasonable belief, in the Company’s sole discretion, that the Member’s continued access to the Platform is detrimental to the interests of the Company, the other Members or the general public or in breach of any law; the Company may, in its sole discretion, take any or all of the following actions:
• Permanently suspend/terminate the Member’s User Account on the App;
• Demand damages and take appropriate legal action to recover such damages;
• Initiate prosecution for violations that amount to offences in law;
• Disclose such information (including the identity of the Member) to authorities/financial institutions and/or any person or entity that has the legal right to such information; and/orBar Member from future registration on or use of the Platform.
• The decision of the Company on the action to be taken as a consequence of breach shall be final and binding on the Member.
• Any action taken by the Company shall be without prejudice to our other rights and remedies available in law or equity.
• The Company reserves the right to suspend the operation of App or any part or sections of it at any time and no claims may be entertained against the Company in connection thereto.
Governing Law and Court Jurisdiction
• These Terms and Conditions shall be governed by the laws of the India, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with The Company anywhere else in the world.
• If any part of these Terms and Conditions are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
• Exclusive Court Jurisdiction:
The Agreement and all the services and activities offered under This agreement shall be governed by the laws of India as applicable to the State of Gujarat and any dispute, controversy or claim arising out of the Agreement or in connection with or pursuant to the Activities and Services offered by the Company shall be subject to the exclusive jurisdiction of the courts at Gujarat.
• You agree to submit to the personal and exclusive jurisdiction of the courts located within the BVI to settle any dispute, which may arise in relation thereto.
Payment, Refunds, Upgrading and Downgrading Terms
• You agree that all orders placed through App or by any other medium are considered to have been processed at such time as they are received and accepted by the company ( or any of its order processing agents RazorPay, CCAvenue).
• You agree that you will make no effort to withhold payment for your order or to subsequently dispute payment for your order, subject to the laws of the jurisdiction where you reside.
• You agree that in the event the company doesn’t receive complete payment by credit card for your order due to a dispute, insufficient funds, or any other cause, the company shall have recourse to seek payment in any manner it sees fit, or Company may cancel your membership,subscriptions or cancel the order that was being processed.
• You agree that the subscription you have bought is non-refundable. There will be no refunds or credits for partial months of subscription.
• You agree that by upgrading downgrading the subscription there will be no refunds or credits for partial months of subscriptions.
The Services hereunder are offered by Chain Nine ComTrade Private Limited, registered at:
Chain Nine ComTrade Private Limited
42 Sapnay Complex,
OppSuvidha Shopping Center,
Nr. Parimal Garden Under Pass, Paldi,
Ahmedabad : 380007