1. INTRODUCTION
Welcome to Eshiruss Group. The content of the Website is the property of Eshiruss Financial Consultants Private Limited and/or its subsidiary/affiliates/associates company(ies) (together referred as Eshiruss Group).
Wherever the context so requires the term "We", "Us", "Our", shall mean Eshiruss group of Companies, and “you", “Your” or "User" shall mean any natural or legal person.
These Terms and Conditions ("Terms") govern your access to and use of the website located at www.eshiruss.com and any related services, applications, features or content provided by us. By using the Website or downloading Materials from the Website, you hereby agree to be abide by the terms and conditions set forth. In the event the user does not agree to these terms and conditions, you are requested not to use the Website or download Materials from the Website.
2. PROPERTY RIGHTS IN INFORMATION AND SERVICES-SUITABILITY & COMPLIANCE WITH LAW:
The content of the website cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed for any non-personal use without obtaining prior permission from us. We are not accountable for the content of any of third party linked sites. By providing access to third‑party websites, we do not endorse or approve the content available on those websites.
3. USE OF PERSONAL INFORMATION: CONSENTS AND DECLARATIONS
We acknowledge and accept that the personal details that you impart to us, is to be kept in strict confidentiality and to use the information only in the manner which would be beneficial to our clients. We consider our relationship with you as invaluable and strive to respect and safeguard your right to privacy. We shall protect the personal details received from you with the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination, or publication of these information as we protect our own confidential information of a like nature. We shall use the personal information to improve our service to you and to keep you updated about our new product or information that may be of interest to you. The information collected from you would be used in the right spirit and context in which it is intended to be used. Your information would be used by us to process your trading request and to carry out the settlements of your obligations.
Under certain circumstances we may be required to share the information given by you with the third parties, where we feel they can contribute to add value and improve the quality of services imparted by us to you. We shall take all reasonable steps to ensure that the confidentiality of your information is maintained by imposing strict confidentiality standards on all the third parties with whom we part this information. In all circumstances we shall ensure that your personal information is protected by strict confidentiality agreement. We shall not allow any third parties to retain your personal information longer than what is warranted by the nature of services rendered. We would also impart your personal information wherever it is required to be disclosed under law to any of the governmental agency or regulatory bodies.
4. LIMITED USAGE:
Subject to the terms and conditions set forth in these Terms of Use, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Website in any manner. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website.
5. LIMITATION OF DAMAGES:
In no event shall We or any of our associates or group Companies or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if we have expressly advised of the possibility of such damages.
6. GOVERNING LAWS AND DISPUTE RESOLUTION:
If any of the clauses of terms and conditions is declared as illegal or unenforceable, its invalidity shall not affect the other provisions of other terms and conditions that can be given effect without the invalid provision. If any clauses of terms and conditions does not comply with any law, ordinance or regulation, such provision to the extent possible shall be interpreted in such a manner as to comply with any such law, ordinance or regulation, or if such interpretation is not possible, it shall be deemed to satisfy the minimum requirements thereof.
These Terms & Conditions are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to these Terms & Conditions, shall be subject to the jurisdiction of the courts at Mumbai only. In the event of breach of these Terms & Conditions, you agree that the Company will be irreparably harmed and will not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.
7. LAWFUL AND / OR PROHIBITED USE OF THE WEBSITE:
As a condition of Your use of the Website, you shall not use the Website for any purpose(s) that is unlawful or prohibited by the Terms of Use. You shall not use the Website in any manner that could damage, disable, overburden, or impair the website, or the network(s) connected to any server, or interfere with any `other party's use and enjoyment of any services associated with the Website. You shall not attempt to gain unauthorized access to any section of the Website, other accounts, computer systems or networks connected to any of our network or to any of the services associated with the Website, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Website.
8.INDEMNITY:
You hereby indemnify and hold harmless us (and our directors, officers, employees, control persons, vendors, licensors and agents), the Provider and any third party provider from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to your breach of your agreements, representations and warranties contained in this Agreement or your use of the Services or Information are
- in violation of this Agreement,
- in violation of any rights of our companies, the Provider and any third party Information provider, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or
- in violation of any applicable law, rule or regulation, or your failure to maintain the security of your User Codes as applicable in accordance with this Agreement. This indemnification shall be binding upon you and your executors, heirs, successors and assigns.
9.THIRD PARTY CONTENTS:
Except as otherwise provided by law, we shall have no liability for losses caused by the negligence, actions or failure to act of the provider or any third-party provider acting on behalf of us. To the extent permitted by law, neither we nor the provider or any third party provider acting on behalf of us shall be liable to you for any indirect, special, incidental or consequential damages (regardless of whether such damages are reasonably foreseeable), or for any loss, costs, expenses including without limitation reasonable legal fees, arising from a failure, interruption, error, omission or delay in the performance of their obligations or in the transmission of information that results from a cause over which we or any other such entity does not have control, including but not limited to
- failure of electronic or mechanical equipment/any failure in the links/system failure/faults in the telecommunication network or internet or network failure or software/hardware errors
- theft or
- destruction or
- unauthorized access, alteration or use of information or
- incomplete/incorrect data or information provided to us over the site/system and/or any error in the execution of any request due to such incomplete/incorrect data,
- strikes, failures of common carrier or utility systems.
In the event you use the Services or the links included on the Site to gain access to a web site of other world wide web site or Internet location or source of information of any company, organization or person other than ours, or to any other Internet location, you acknowledge that such other sites or locations are not in our control and agree that we shall not be responsible for any information or other links found at any such world wide web sites or Internet location or source of information, or for your use of such information. We provides such links only as a convenience to you, and have not tested any software or verified any information found at such sites. The fact that we have provided a link to another site does not signify an endorsement of the site or its contents by us. There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of the Services.
10. CHANGE IN TERMS AND CONDITIONS:
We reserve the right, at our discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes. We may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any feature(s) of the Website, at any time. We may also impose limits on certain features and services or restrict Your access to certain sections or all of the Website without notice or liability. You hereby acknowledge and agree that we may terminate the authorization, rights and license given above at any point of time at its own sole discretion and upon such termination; You shall immediately destroy all Materials.
Any failure of the Company to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.
You hereby agree that you have read and understood these Terms & Conditions and agree to all of the provisions contained above.
Have Questions About Our Terms?
Please refer to the sections above for details on how these Terms govern your use of our Website and services.