TERMS OF USE FOR USERS
To facilitate the sale and purchase of services/product/advisory of advisors (“Advisor(s)”) to the investors (“Investor(s)”) (the Advisor(s) and the Investor(s) are hereinafter together referred to as“Users”/“You”/“Your”) over platform of aggregator i.e. pickright.in (hereinafter referred to as"Website"which expression shall also refer to the mobile application, online portals owned and operated by Pickright).
This document (“Terms of Use”) s an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require acceptance of rules and regulations, Terms of Use, privacy policy, etc for access or usage of services on the Websites owned by Pickright a company incorporated under the provisions of the Companies Act, having its registered office at Villa 35, Suraksha Fair View Ville, Belthur, Kadugodi, Bengaluru Ka 560067 In (hereinafter referred to as“Pickright”/“We”/“Us”/“Our”which expression shall mean and include its successors-in-interest and assigns as the case may be).
Definitions -
“Advisor(s)”shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under Law, who signed up to the Website as an Advisor through the sign-up options provided on the Website by Pickright
“Advisory”shall mean market research data/documents/trading call/tips or any other advise provided by the Advisor on the Website with relating to investing, purchasing, selling or otherwise dealing in securities or investment products or commodities conveyed to the Investors through the Website. shall mean market research data/documents/trading call/tips or any other advise provided by the Advisor on the Website with relating to investing, purchasing, selling or otherwise dealing in securities or investment products or commodities conveyed to the Investors through the Website.
“Investor(s)”- shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under Law, who signed up to the Website as an Investor through the sign-up options provided on the Website by Pickright
“Groups”– shall mean such virtual groups operated by the Advisors to provide Advisory to the Investors
“Group Info”– shall mean all such information related to the Group and the Advisor operating a Group which may include but not limited to the historical analysis of the Advisory published by the Advisor, certificate of registration of the Advisor as obtained by the Advisor under any applicable law and uploaded by the Advisor, details of pending complaints against the Advisor, contact details of the compliance officer of the Advisor or any other such information that the Advisor shall be required to disclose under any applicable law.
“Fees”shall mean such consideration that the Investor shall be required to pay for obtaining Advisory from an Advisor either through a pre-paid/post-paid/subscription/Sachet model as may be updated and modified at the sole discretion of Pickright
“Reference Terms”shall mean all applicable terms and conditions applicable and fully enforceable against the Users as included under the Privacy policy, Disclaimer, Risk Disclosure, Cookies policy, Website Terms and Conditions etc.
“Pickright Policies”shall mean this Terms of Use and the Reference Terms.
Use of the Website and its services and tools of Pickright by the Users are governed by Pickright Policies which is mandatorily applicable to You. If You transact/act/use Website content/facilitate services, you shall be subject to the Pickright Policies that are applicable to you. By mere use of the Website, You shall undertake, agree to and confirm that you have understood the content of these Pickright Policies and you are contracting with Pickright and the Pickright Policies shall constitute binding obligations on you.
We reserve the right, at our sole discretion, to change, modify, add or remove portions ofany of the Pickright Policies, at any time without any prior written notice to you. It is your responsibility to review these Pickright Policies periodically for updates / changes. Your continued use of the Website deems that you accept and agree to the revisions made by us to Pickright Policies. If any change in the Pickright Policies are deemed as a major change by Pickright in its sole and absolute discretion then Pickright may notify the changes to the Users by way of an email, sms, pop notifications, phone call or any other form of communication Pickright deems fit. It is hereby clarified that Pickright has no obligation to notify these changes and the Users have the primary responsibility to periodically check the relevant sections of the Website to determine such changes.
As long as You comply with these Pickright Policies, Pickright grants you a personal, non-exclusive, non-transferable, limited privilege to use the Website.
If, at any time, You do not wish to accept the Terms and Conditions, you shall not use the Website or any other services provided by Pickright governed by the Pickright Policies. Any terms and conditions proposed by you which are in addition to, or which conflict with these Terms and Conditions are expressly rejected by Pickright and will have no force or effect.
By impliedly or expressly accepting the Pickright Policies, You undertake and confirm that you accept and agree to be bound by Pickright Policies as amended from time to time. This Agreement is for an indefinite term and you understand and agree that you are bound by such terms
By using the Website, you agree to follow and are bound by all terms and conditions in connection to use of the Website. Certain areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
PICKRIGHT does not give/throw/display/sell any Advisory for trading on its own or through SMS or by any other means. PICKRIGHT is only facilitating promotion/services of the Advisors. Investors on the Website are free to join any Advisor Group and choose act on any call from any one or more Advisor or reject/not opt in on any services at their sole discretion. PICKRIGHT shall in no event be liable for any loss(es) incurred by the user/investor due to any Advisory issued by an Advisor on the Website. PICKRIGHT shall not be liable for any damage incurred to any research analyst/investment advisor or user/investor.
PICKRIGHT does not give any assurance or fixed return to the investor/user at any point of time or send trading call through SMS, call or any other means. PICKRIGHT does not give any assurance or fixed return to the investor at any point of time.
The Website is a platform that facilitates an Investor to interact with various Advisors for their information purpose through the Groups created on the Website. PICKRIGHT is not and cannot be a party to or not control in any manner on how the Investors act upon the Advisory provided by the Advisors. The Investor may be required to pay a Fee to join the Groups and take the Advisory published by the Advisors. It is hereby clarified that the Group Info published by Pickright are not in any manner published to entice the Investors for joining any Group or take any Advisory from the Advisor that runs the Group. The Group Info is just a historical representation of the accuracy of the Advisory published by an Advisor within a Group. Pickright in no manner represents or warrants the accuracy of the Group Info. The Investors are required to independently evaluate the Advisory and act upon the same at the sole risk of the Investors.
PICKRIGHT does not make any representation or Warranty as to specifics (such as any kind of profit accuracy of market call, etc.) of the Advisory or Advisors or services proposed to be sold or offered to be sold or purchased on the Website. PICKRIGHT does not implicitly or explicitly support or endorse any Advisory.
The Groups are not to be construed as an offer to buy /sell or the solicitation of an offer to buy / sell any security upon any Advisory in any jurisdiction where such offer or solicitation would be illegal. The Groups do not constitute a personal recommendation or take into account the particular investment objectives, financial situations, risk profile and needs of individual clients.
Website may use cookies. By using our website, you undertake, confirm and agree to these terms of use. Your consent is implied to our use of Cookies Policy in accordance with the terms of our Privacy Policy which can be accessed here – [insert link to Privacy Policy]
PICKRIGHT may terminate any User's access to the Site or any part thereof at any time and for any reason without any notice.
PICKRIGHT does not give any warranty for accuracy of information, software, database or other system or functionality of website.
PICKRIGHT may change or discontinue any aspect of the Site at any time, including, its content or features.
All contents on the Site are the exclusive property of PICKRIGHT except third-party content. The software, text, images, graphics, video and audio used on the Site belong to or are licensed to PICKRIGHT or its vendors and affiliates. No material from the Site may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from PICKRIGHT. All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties. You are granted a non-exclusive, non-transferable, limited right to access the Site and avail the services provided by PICKRIGHT on the Website. To know the detailed terms and conditions applicable to the Intellectual Property available on the Website Users are requested to go through the Website Terms and Conditions available on – [insert link to Website Terms and Conditions].
PICKRIGHT does not make any warranties, express or implied, with respect to any service, information, data, software, system, functionality, statements or products made available on the Site. The information contained in the Site has been obtained from sources believed to be reliable. The Site, and all content, materials, information, software and services provided on the Site, are provided on an "as is" and "as available" basis.
PICKRIGHT does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses or other harmful mechanisms. If your use of the Site or content therein results in the need for servicing or replacing equipment or data, PICKRIGHT is not responsible for any such costs. Site and content are provided on an "as/is" basis without any warranties of any kind. PICKRIGHT makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.
PICKRIGHT shall not be liable for any damage to your computer system or loss of data that results from the download of any content, materials, and information from the Site or use of any software, systems, functionality, or other services on the Site. Under no circumstances will PICKRIGHT be liable in any way for any content, including, but not limited to, inaccurate, false, incomplete, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded. Further, under no circumstances, PICKRIGHT shall be liable for any unlawful act of the User or its affiliates, relatives, employees, agents including misuse of any data, unfair trade practices, fraud, cybersquatting, hacking and other cybercrimes. In no event shall PICKRIGHT be liable for damages of any kind, including, direct, incidental or consequential damages (including, but not limited to, damages for loss of profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Site, or any information provided therein, or any claim attributable to errors, omissions or other inaccuracies in the Site.
You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to corrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of the Site, or other user's ability to use the Site.
You may not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You may not use our website or our ’s website to transmit or send unsolicited commercial communications except market research related data/documents.
For availing the service/platform under our website, registration is required. You will get a password and account information upon completing the registration on the Site. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. By registering, you agreed to these terms of use in addition to any other specific terms which shall be posted at an appropriate location of the Site. To access these services, you will be asked to enter your individual Username and Password. Therefore, we do not permit i) Any other person sharing your Username and Password ii) Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Site as users iii) Access through a single User Name and Password being made available to multiple users on a network.
You shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be also responsible for all activities that occur under your Display Name and Password. You agree that in case of any information you have provided is found to be untrue, inaccurate, or incomplete or not current or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, we shall have the right to indefinitely suspend or terminate or block your access to the Website.
Whenever we reasonably believe that a Username and Password are being used / misused in any manner as clarified above, we reserve the right to cancel your access right to our website/application immediately without any notice or block access to all users from that IP address.
You specifically agree that PICKRIGHT shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Site.
The Site may be used only for lawful purposes. PICKRIGHT specifically prohibits any other use of the Site, and all Users agree not to i) Post or submit on the website any incomplete, false or inaccurate report or biographical information or information which is not your own; ii) Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Site; iii) Delete or revise any material posted by any other person or entity; iv) Take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure; v) Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; vi) Aggregate, copy or duplicate in any manner any of the content or information available from the Site.
You agree not to use / insert any of the User's URL, weblink, email address and website while accessing any material on the Site.
On non-conformance by users of any of the aforesaid terms, PICKRIGHT may in its sole discretion, restrict or terminate the offending User's ability to access the Site and determine whether to take any other actions i.e. whether to remove or request the removal of the User’s content. PICKRIGHT shall have no liability or responsibility whatsoever to Users for performance or non-performance of such activities.
PICKRIGHT with its sole discretion reserves the right to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User content from the Site and/or terminating the offending User's ability to access the Site and/or use services therein. PICKRIGHT may take any other action with respect to User content or User actions that it deems necessary or appropriate if it believes that it may create liability for PICKRIGHT or may cause PICKRIGHT to lose (in whole or in part) the services of its ISPs or other suppliers.
The User hereby specifically agrees to comply with the requirements of the Information Technology Act, 2000 along with rules, regulations, guidelines, bye laws and notifications made thereunder. The user also undertakes that the content provided by him/her is not defamatory, obscene, threatening, abusive or hateful. You shall alone be responsible for all your acts, deeds and things and that you shall also be liable individually for civil and criminal liability arising thereunder or under any other law for the time being in force.
Failure or delay by PICKRIGHT in exercising any right, power or privilege under the Terms of Use will not operate as a waiver of it, nor will any single or partial exercise of it preclude any further exercise or the exercise of any right, power or privilege under the Terms of Use.
If the PICKRIGHT website provides links to web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site, you agree that PICKRIGHT is not responsible for the availability of, and content provided on third party’s web sites or content. You are requested to peruse the policies posted by other web sites regarding privacy and other topics before use. PICKRIGHT is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and Investor shall bear all risks associated with the use of such content. PICKRIGHT is not responsible for any loss or damage of any sort which User may incur from dealing with any third party.
The Website is controlled, operated and administered by PICKRIGHT from its offices within India. PICKRIGHT makes no representation that Materials on this site are appropriate or available for use at any other location(s) outside India. Any access to this site from territories where their contents are illegal is prohibited. You may not use the site or export the materials in violation of any applicable export laws and regulations. If you access this site from a location outside India, you are responsible for compliance with all local laws.
As part of the necessary process to set up an account on the Site (an "Account") and obtain access to certain parts of the Services, you will be required to provide your full name, email address, password, and 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.
Unless you log-in to your Account via a Third-Party Account, please note that your email address and password which you provide as part of the Registration Credentials will be used to login into your Account. You will be solely responsible for maintaining the confidentiality of your email address and password and must immediately notify us of any unauthorized use of your Account. You are solely responsible for all activity and usage on your Account, including, but not limited to, use of the Account by any third party authorized by you to use your email address and password. You have to create and maintain different Accounts to access different Services at any time.
Nothing contained on the Site may be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of PICKRIGHT or any third party that may own the trademarks. Your use of trademarks, or any other content/concept of the Site, except as provided herein, is strictly prohibited.
You undertake and agree to fully indemnify, defend and hold harmless to PICKRIGHT, its corporate affiliates and their respective officers, directors and employees from all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and other charges whatsoever, that may arise as a result of: (i) any breach of these Terms and Conditions by you or (ii) violation by you of any law or the rights of any third party. Without prejudice to any other rights in these Terms and Conditions, if you breach in whole or in part any provision contained herein, PICKRIGHT or any of its corporate affiliates or which provides Services to you, reserves the right to take appropriate action as it deems fit, including (but not limited to) terminating any agreement in place with you, terminating or blocking the Services offered to you via the Site and/or taking legal action against you.
In case of any dispute that may arise, you agree that you shall refer the dispute for resolution through arbitration proceeding under the Sole arbitrator appointed from the Panel of Arbitrators of PICKRIGHT. The seat of arbitration shall exclusively be Bangalore. All the arbitration proceeding to resolve the dispute will be carried out as per the Arbitration & Conciliation Act 1996 as amended up to date. The Arbitration Award will be final and binding on you.
These Terms and Conditions shall be construed and interpreted in accordance with the laws of Republic of India and the courts at Bangalore shall have the exclusive jurisdiction to entertain and try any matter arising out of this Agreement or any agreement(s) thereunder, without conflicts of law thereof. This is the case regardless of whether you reside or transact business with PICKRIGHT 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.
You are legally bound to comply with law governing the securities market. Further you are also responsible to comply with each and every regulatory provision being in force from time to time.
The Terms of Use shall be governed by the Laws of India. The Courts of law at Bangalore shall have exclusive jurisdiction over any disputes arising under the Terms of Use.
The Advisors shall confirm that you will not join or become part of any website/application/mobile app/platform/aggregator other than Pickright which provide similar services (where one or more Advisors provide Advisory to multiple Investors). However, the Advisors are free to share/sell/offer your product/market research data/documents/trading call/tips to individual person/investor directly.
The Advisors undertake and agree to indemnify and not hold PICKRIGHT, its officers, employees, from any claim, demand or damage, including reasonable attorney’s fees, asserted by any third party or any regulatory body or administrative body of the government due to or arising out of your use of or conduct on the Site. PICKRIGHT reserves the right to disclose any personal information about you and your uses of the Site including its contents, without your prior permission for its own uses or others. Further, PICKRIGHT may also share your personal information if necessary to i) conform to legal requirements or comply with legal processes; ii) protect and defend the rights or property of PICKRIGHT; iii) enforce the Terms of Use; or iv) act to protect the interest of its Users, members or others.
Any information provided by you may be shared with any third party or user as per discretion of PICKRIGHT. We reserve the right to use your information to provide the Investor a more personalized online experience.
The Advisors shall be responsible for your offer/research data/report/documents/trading call/tips/ service(s)/ Advisory provided by you through our platform.
The Advisors agree, consent and confirm that PICKRIGHT can use your logo, name on its website, application, mobile app, promotional/marketing material, social media marketing, digital campaign, whether in written or oral format etc. as and when PICKRIGHT deems fit or required for business promotion or procurement. You will not demand any pay-out from PICKRIGHT for using your name or logo.
PICKRIGHT shall have the right to use its technology or use any such method or process to determine the quality of the Advisory provided by an Advisor and shall publish the same on the Website alongside the details of the Advisor. Pickright shall have the absolute discretion to determine the performance of the Advisor on the Website and shall have the right to alter the manner in which the Advisors information is displayed within the Website. Pickright shall not be liable for any loss of ranking in search results, quality of Advisory, direct loss, indirect loss, remote loss that may occur to the Advisor due the actions of the Advisor on the Website or as may occur due to any decision or action take by Pickright as per the Pickright Policies.
Advisors are paid only for profit-generating advice/recommendation
There will be GST 18% deducted from the payment and also 10% commission for Pickright prior to any payment made to the Advisors
The Advisors shall be paid every Thursday based on the earnings of the Advisor for the preceding 7 days.
For availing the services under the Site, registration by the User is required. You will have a password and account designation upon completing the registration on the Site. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only. To access these services, you will be asked to enter your individual Username and Password. Therefore, we do not permit i) Any other person sharing your Username and Password ii) Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Site as users iii) Access through a single Username and Password being made available to multiple users on a network.
As part of the process necessary to set up an account on the Site (an "Account") and obtain access to certain parts of the Services, you will be required to either provide your full name, email address, password, and 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.
You shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
PICKRIGHT is a platform that aims to establish a link between Advisors and Investors. The Investors hereby acknowledge that Pickright is not a SEBI registered Investment Advisor or Research Analyst or Independent Research Analyst. The Investors hereby also agree and acknowledge that Investors have the responsibility to conduct their enquiry to determine the nature of the Advisors on the platform and their qualifications and registrations under all applicable laws which the Advisors shall disclose within their profile. The Investors understand the volatile nature of the securities markets and acknowledge that the Advisory provided by the Advisors is being provided by the Advisors in their professional capacity and that Pickright has no role to play in the kind of Advisory published on the Website. The Investors shall evaluate the Advisory obtained by the Investors through the Website and make an independent decision on whether they choose to follow the Advisory.
Neither the Advisors nor Pickright in any way guarantee the accuracy of the Advisory published on the Website. Pickright shall not be liable for any incurred loss, future loss, direct loss, indirect los, remote loss or any other form of loss incurred by the Investor from acting on the Advisory published on the Website or such loss incurred by the Investor due to the use of the Website.
PICKRIGHT does not give guarantee of giving call from each and every registered advisor on its platform. The Advisors are have the right to provide the Advisory at such intervals as may be determined by the Advisor.
The Website is a platform that investors can use to meet and interact with various market/technical analysts for their investment purpose. PICKRIGHT is not and cannot be a party to or control in any manner or any transaction between the Investors or with Advisor.