Terms of Service

Effective Date: Jan 7th, 2021
Revised Date: Jan 7th, 2021

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE 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.

These terms of use (hereinafter the "Terms") establish an agreement between WealthSigns Fintech Private Limited, a company registered under the Companies Act 2013 and having its registered address at 103, Dom Ann Villa, NP Thakkar Road, Vile Parle East, Mumbai 400057 (hereinafter referred to as “Harmoney” or the “Company”, which expression shall include where appropriate its affiliates, successors and assignees) and you and shall govern your use of www.harmoney.in (the Website) and the services set out in these Terms (“Service”) rendered by Harmoney.

By accessing either directly or through a hyperlink, the Website, and/ or purchasing something from us, you engage in our Service and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation, vendors, buyers, customers, merchants, browsers and/ or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy which sets forth how information collected about you is collected, used and stored.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Harmoney may, at its sole discretion, amend the Terms from time to time. Unless otherwise set out herein, amendments will be effective when the Company posts such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Assent and Acceptance

By using the Website, You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and Harmoney.

Eligibility

You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to these Terms of Service. The Company assumes no responsibility or liability for any misrepresentation of Your age. If You are a non-individual You must be duly authorized (by such non-individual entity) to agree to these Terms.

Registration of Account

In order to use the Website and avail the Services, you must register for and maintain a service account (“Account”). Account registration requires you to submit certain information such as your name, address, mobile phone number and age and any unique identifier that may be issued to you by Harmoney.

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Website and/or the Services or result in the termination of this agreement with you.

You are responsible for all activity that occurs under your Account, and You agree to maintain the security and secrecy of your Account username and password at all times. You acknowledge and agree that any misuse of your Account for reasons not attributable to Harmoney shall be to your account and You will be liable for any and all liabilities incurred as a result of such misuse.

You hereby consent that any information submitted by you for Account setup may be used by Harmoney in accordance with the Harmoney Privacy Policy which is deemed to be part of these Terms.

Services

The Service(s) constitute Your access to the Website and the information provided to you on the Website, the registration of Your Account, and Your availing the investments listed on this Website.

The Website has been created for the purposes of information and facilitating the aforementioned Services. Under no circumstances should the Website or the information portrayed therein be considered as advice regarding or a solicitation to make any investment listed on the Website. The accuracy of the information on the Website or provided via Services will be monitored on a best efforts basis and Harmoney does not hold any responsibility for errors or mistakes that may result in loss or damage to You.

License

Subject to your compliance with these Terms, Harmoney grants You a limited, non-exclusive, revocable, non-transferrable license in India to:
(i) access and use the Website through your personal computer system or other mobile communication device solely in connection with your use of the Services;
(ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Harmoney

Restrictions

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of Harmoney.

You may not:
(i) use the Services except as expressly provided in these Terms;
(ii) provide any third parties with access to the Services;
(iii) perpetrate any fraud;
(iv) for any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
(v) Use the Services to post, send, transmit or otherwise make available any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail, spam, or chain letters;
(vi) remove any copyright, trademark or other proprietary notices from any portion of the Services;
(vii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Harmoney;
(viii) decompile, reverse engineer or disassemble the Services;
(ix) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or the Website or any other computer system including by introduction of any virus, Trojan horses, worms, time bombs or such material;
(x) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
(xi) Re-sell, grant any rights to third parties to the Services, lease, time-share, lend or rent the Services;
(xii) use the Services to host, display, upload, modify, publish, transmit, update or share any information that:

  1. belongs to any other Person and to which you do not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harms minors in any manner
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law which is in force (F) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
  6. impersonates another person
  7. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

Harmoney shall have the on-going right to monitor your use of the Services to the extent required to determine your compliance with the terms of these Terms. Harmoney reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Payments and Fees

Should You register for any of the paid Services on this website or make any investment on this Website, You agree to pay Us the specific monetary amounts required for the said paid Service or investment. These monetary amounts ("Fees") will be described to You during Your confirmation process. The final amount required for payment will be shown to You immediately prior to purchase.

Data Loss

Harmoney does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

Third Party Links and Content

Harmoney may occasionally post links to third-party websites or other services. You agree that Harmoney is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from the Website.

Service Interruptions

Harmoney may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that Harmoney shall have no liability for any damage or loss caused as a result of such downtime.

Communication

You understand that each time uses the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about products and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.

Privacy

You understand that by using the Service, you consent and agree to the collection and use of certain information about You and your Use of the Service in accordance with Harmoney’s Privacy Policy and these Terms. Harmoney’s Privacy Policy applies to all Your information collected under these Terms. You further understand and agree that this information may be transferred to the other countries for storage, processing and use by Harmoney, its affiliates, and/or their service providers in in accordance with applicable law.

User Obligations

As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services.

You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. The billing information You provide us, including bank details, credit card information, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information.

Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. Harmoney reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Disclaimer and Assumption of Risk

The Website and Services are provided for viewing, communicating electronically and performing investment transactions only. You acknowledge and agree that any information posted on the Website is not intended to be legal, business, investment, tax or financial advice, and no fiduciary relationship has been created between You and Harmoney. You further agree that Your investments made on the Website are at Your own risk with a complete understanding that the investments listed on the Website are speculative in nature and are associated with market risk including risk of loss of capital. Harmoney does not assume responsibility or liability for any advice or other information given on the Website.

Term and Termination

Harmoney may terminate these Terms of Service with You at any time for any reason, with or without cause. Harmoney specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Harmoney or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

If You have registered for an account with Harmoney, You may also terminate these Terms of Service at any time by contacting Us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of Your account. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

All accrued rights and obligations of the parties shall survive any termination of these Terms and the Terms shall continue to be valid till such rights and obligations are extinguished or fulfilled.

Limited Warranty

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” and “As Available” basis. Harmoney hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.

Harmoney makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. Harmoney also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of the loss of Your data from Your use of the Website or Services is Your sole responsibility and that Harmoney is not liable for any such damage or loss.

All information, software, products, services and related graphics are provided on this Website is "as is" and "as available" basis with without warranty of any kind, either expressed or implied. The Website disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage, or trade practice. The company makes no representation about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services.

Harmoney is not responsible for any failure of the telecommunications network or other communications links utilised to gain access to the Services. Harmoney does not represent that the Services will meet your requirements or that operation of the Services will be uninterrupted or error free.

Your use of any information or materials on this site or otherwise obtained through use of this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

You understand and acknowledge that certain risks are inherent in the transmission of information over the internet. By entering in to this agreement, You have chosen to use the security measures provided by Harmoney even though other security measures are available. While Harmoney uses industry standard information security measures to protect the Service from viruses and malicious attacks, Harmoney does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Harmoney disclaims any liability relating thereto to the extent that such loss, corruption, attack, viruses, interference, hacking, or other security intrusion occur despite Harmoney using the information security measures. Harmoney warrants that, during the term of this agreement, Harmoney will employ commercially reasonable system security measures. Except as expressly set forth in this section, Harmoney makes no representation, warranty, covenant or agreement that its security measures will be effective and neither Harmoney nor its affiliates shall have any liability for the breach of its security measures, or the integrity of the systems or Harmoney’s computer servers, unless caused by the wilful misconduct or gross negligence of its employees.

HARMONEY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIMS AND EXPRESSLY WAIVES ALL OTHER, CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OF HARMONEY OR THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR OF ERROR-FREE AND UNINTERRUPTED USE OR OF NON-INFRINGEMENT EXCEPT TO THE EXTENT EXPRESSLY PROVIDED ABOVE (LIMITED WARRANTY). IN PARTICULAR, HARMONEY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE.

Indemnity

You agree to defend, indemnify and hold harmless the Company and the Company’s officers, directors, employees and agents, and any of the Company’s affiliates (if applicable) from and against any and all claims, damages, obligations, losses, liabilities, debts and costs (including reasonable attorneys’ fees), brought against Harmoney by third parties alleging that

(i) your use of and access of the Service;
(ii) your violation of these Terms;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) any claim that the User Generated Content you submitted caused damage.

Your indemnification obligation under this Indemnity Section will survive termination of this Agreement and your use of the Services.

Limitation on Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, OR REVENUES, LOSS OF OPERATION TIME, INCREASED COSTS OR WASTED EXPENDITURE, LOSS OF GOODWILL OR REPUTATION, SPECIAL, INDIRECT, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGE OF ANY NATURE WHATSOEVER OR HOWSOEVER ARISING OUT OF THIS AGREEMENT

General Provisions

Assignment

You cannot assign or otherwise transfer your rights or obligations this Agreement to any third party without the prior written consent of the Company.

Arbitration and Governing Law

The Parties hereby agree that this Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any and all disputes that arise under this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Mumbai, India.

Force Majeure

Harmoney shall not be liable to the other for failure or delay in the performance of Services, if such failure or delay is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond its control.

No Waiver

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of this Agreement. Further, no waiver shall be effective unless made in writing and signed by an authorised signatory of the waiving party.

Severability

If any of the terms, conditions or provisions contained in this Agreement are determined by any court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

Notices

All notices and other communications made or required to be given under this Agreement shall be in writing in English language and shall be deemed given upon receipt when sent through (1) email (2) registered post acknowledgement due, or (3) personal service, to the address specified below:

If to Harmoney:
Email: support@harmoney.in
Address:
103, Dom Ann Villa, NP Thakkar Road, Vile Parle East, Mumbai 400057

If to You:
To the email ID and address provided at the time of registration and set-up of Your account

Refunds and Cancellations

Refunds are not applicable as this is an investment platform. You can choose to liquidate your investments subject to availability at the applicable market price. Refunds will be honoured only in case of multiple or incorrect payments while making the investment.

Entire Agreement

These Terms along with any supplementary terms or addendum as may be prescribed by the Company constitute the entire agreement between the Parties pertaining to the subject matter contained herein. Any prior agreements, written or oral, existing between the parties or modifications to these Terms shall have no force or effect unless expressly agreed to in writing or acknowledged in writing by the Company.

H Harmoney