Agreement for Advisory Services
THIS AGREEMENT is executed between BanayanTree Services Limited (hereinafter referred to as "BanayanTree" or "BTSL" or "ETMONEY") incorporated under the Companies Act, 2013, CIN: U67190DL2016PLC300962 having registered office at Express Building, 9-10, Bahadurshah Zafar Marg, New Delhi -110 002, India and corporate office at #Plot No. 391, Udyog Vihar, Phase III, Gurgaon -122 016, Haryana, India, which expression shall unless it be repugnant to the context or meaning thereof shall be deemed to mean and include its successors and assigns of the one part;
an individual Indian resident residing at
(hereinafter referred to as "CLIENT") of the other part.
BTSL and CLIENT are hereinafter collectively referred to as "Parties" and individually as "Party".
Executed on: _______________
BanayanTree is registered with SEBI as Investment Adviser with registration number INA100006898 and offers Investment Advisory services in Securities through its platform (Mobile App ETMONEY and/or website www.etmoney.com)
"Consideration" means any form of economic benefit including non-cash benefit, received or receivable for providing investment advice.
"Dependent Family Member" shall include individual client, dependent spouse, dependent children and dependent parents.
"Easy Pay" is the mandate given by the User to BanayanTree for giving payment instructions to their respective banks, on User's behalf
"ETMONEY and/or Platform" means website www.etmoney.com and the Mobile Application ETMONEY.
"Financial Planning" shall include analysis of clients' current financial situation, identification of their financial goals, and developing and recommending financial strategies to realise such goals.
"Investment Advice" means advice relating to investing in, purchasing, selling or otherwise dealing in securities or investment products, and advice on investment portfolio containing securities or investment products, whether written, oral or through any other means of communication for the benefit of the client and shall include financial planning: Provided that investment advice given through newspaper, magazines, any electronic or broadcasting or telecommunications medium, which is widely available to the public shall not be considered as investment advice for the purpose of this agreement.
"Investment Product" shall mean and include all financial instruments that are regulated by any financial sector regulator in India.
"Securities" has the same definition as given under Section 2(h) of the Securities Contract (Regulation) Act 1956.
Scope of Service
BTSL shall offer non-exclusive, non-binding advice for investment in Securities and other financial products on the terms and conditions as mentioned-herein.
BTSL shall provide its Investment Advisory services to the client, which it feels is suitable to the client, after obtaining and analyzing all the required information as is necessary from the client Including Risk profile and Product Suitability and post completion of all KYC (Know Your client) and payment formalities. Such investment advise may or may not be in the nature of buying, selling or holding with respect to existing or new securities/investments products.
Banayantree is not into the business of tax planning and its management. BTSL to the best of its abilities, may assist the client to familiarize it with the basic tax related understanding at the request of the client without owning any liability in this regard. Such services shall be purely for assistance and for no other purpose.
Client's relationship with BTSL for rendering of the investment advisory services herein shall be subject, at all times, to the applicable laws. BTSL may take or refrain from taking any action, as the case may be, and client shall do all things required by BTSL, to ensure compliance with applicable laws.
Declarations by the Client
I hereby appoint, entirely at my own risk, BTSL as Investment Adviser to provide the required services in accordance with the terms and conditions of the agreement as mandated under Regulation 19(1)(d) of the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013.
I have read and understood the terms and conditions of Investment Advisory services provided by Banayantree along with the fee structure and the mechanism for charging and payment of fee and shall abide by the same.
In case I breach any of the terms and conditions, I shall be solely responsible for the consequences arising out of the same.
BTSL has provided me an opportunity through online mode to understand the details as required by me for informed decision making with respect to my investment or advise through ETMONEY platform and I accordingly will complete my risk profiling and I consent to the risk assessment performed by Banayantree.
All decisions/Implementation relating to act on the investment advice of BTSL shall be made solely by me.
BTSL has not compelled me to avail any/all execution/distribution/ Implementation services through them.
I hereby declare that all information provided by me to Banayantree for doing the risk profiling and availing the Services are accurate, factually correct and up to date and I shall be solely responsible for any liabilities arising due to wrongful representation of information, and Banayantree shall not be liable for any consequential loss or damage caused to me.
I understand and agree that investing in securities/investment products recommended by BTSL is subject to market risk and other risks and I hereby declare that I will not hold Banayantree and or its Group Companies/ Directors/ Employees responsible/liable for any loss or damage arising to me pursuant to acting on such recommendations.
I also confirm that I shall not hold Banayantree and or its Group Companies/ Directors/ Employees responsible for any delay, non-delivery, error in transmission of any communication or of the bankruptcy or insolvency or of a failure to pay by any bank, institution, country, governmental department, authority, company or person with whom or in which the moneys invested or deposited or which is a counterpart to an investment transaction or generally in relation to the advise pertaining to purchase, holding or sale of investments.
I agree to provide any information that may be requested by BTSL, from time to time, in order to enable BTSL to perform their services or comply with applicable laws, regulations and policies (including, without limitation, "know your client (KYC)" requirements).
I will notify immediately and promptly of any material change in the information provided by me to BTSL including any change related to personal information. I understand and accept that failure to do so may adversely affect the advice or recommendations.
I understand that the following illustrative list of factors may be important, at the minimum, for BTSL to render Services effectively:
Circumstances or details that may lead to a change in risk appetite/personality assessment or risk tolerance;
The purposes of the investments;
Any restrictions or preferences that I may wish to specify in respect of the nature or manner of Investments or on any particular security/sector/instruments.
Any change in my financial situation
I understand and agree that any advice provided to me is based on the methodology used by BTSL at their end and I hereby agree that I shall not disclose any advice provided by BTSL to me.
I hereby declare that I will comply with all Applicable laws including but not restricted to the SEBI (Investment Advisor) Regulations, 2013, SEBI (Prohibition of Insider Trading) Regulations, 1992, SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997, SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Markets) Regulations, 1995, Prevention of Money Laundering Act, 2002 , Income-tax Act, 1961 and all other laws in force as applicable or as may be enacted from time to time and the Banayantree shall not be responsible for any breach by me of any such Applicable Laws.
Declarations by Banayantree
Banayantree will provide investment advice on the instruments covered under the definition of securities especially on mutual funds and Shares.
Banayantree declares that the financial plan or model or strategy or investment basket used for the investment advice is basis the risk profile of the client and the same is displayed at the platform during client onboarding and in the profile section.
Banayantree shall neither render any investment advice nor charge any fee until the client has signed this agreement. The completion of all the KYC formalities and risk profiling is prerequisite for Investment advice.
Banayantree will not manage funds and securities, on behalf of the client, and that it shall only receive such sums of monies from the client as are necessary to discharge the client's liability towards fees/charges owed to the Banayantree.
Banayantree shall, wherever available, advice direct plans (non-commission based) of products only.
Banayantree is also involved in other activities like dealing in various products including mutual funds, insurance products, NPS and other third-party financial products, through its non-advisory Division. BTSL shall maintain an arms-length relationship between its activities as an Investment Advisor and other activities.
As and when requested by the client or at its own discretion, BTSL shall provide various statements/reports/analysis to the client. The Client understands and confirms that the reports/statements provided by BTSL shall be based upon the inputs/information provided by the Client or other service provider of the Client, from time to time and hence BTSL shall not be responsible for the accuracy of the same. BTSL will submit reports to clients on a periodic basis as mandated by SEBI or other regulators if any.
BTSL will ensure to comply with all the acts related to its Functions, obligations, duties and responsibilities of the Investment Adviser (including principal officer and all persons associated with the investment advice), as per provisions as required to comply including all Terms of compliance with the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013 and its amendments, rules, circulars and notifications.
Banayantree does not seek any Power of attorney for implementation of Investment advice.
Banayantree shall not, in the course of performing its services to the client, hold out any investment advice implying any assured returns or minimum returns, or target return or percentage accuracy or service provision till achievement of target returns or any other nomenclature that gives the impression to the client that the investment advice is risk-free and/or not susceptible to market risks and or that it can generate returns with any level of assurance.
BTSL shall act in a fiduciary capacity towards the Client. In providing services to the Client, BTSL shall exercise reasonable business judgment and will use all due care, diligence, and skill.
BTSL shall make such disclosures to the Client from time to time as are required by it under the applicable laws. BTSL gets its account audited every year or for the period defined by the regulator, whichever is shorter.
BTSL will ensure to abide by the code of conduct as specified by SEBI.
BTSL will comply with all eligibility criteria as applicable to Investment advisors at all points of time.
BTSL will disclose all conflicts of interest as and when they arise and not derive any direct or indirect benefit out of the client's securities/investment products.
BTSL or any of its directors/ KMP/employees/ Person associated with Investment advice may
purchase, sell, or otherwise deal in any Securities which are part of the Investment Portfolio of the Client, either on its own behalf and/ or as a stockbroker and/or for its other clients.
Have a relationship of any nature with companies or entities whose Securities are held, purchased, sold, or otherwise dealt in by the Client.
BTSL does not, directly or indirectly, assure, warrant or guarantee any minimum returns or any appreciation in the value of the Securities or accuracy in the investment advise which it gives.
BTSL shall not be liable for any loss, which may arise to the Client, if BTSL is prevented from discharging its obligations due to the occurrence of an Event of Force Majeure.
The advisory services provided by BTSL to the Client are not to be deemed exclusive and BTSL shall be free to render similar services to others in the normal course of its business and shall not be under any obligation to disclose to the Client such relationships or fees received/receivable from such relationships.
Neither BTSL nor any of its Affiliates/group companies its directors/employees/officials shall be liable for any loss or damage or impact pursuant to the Investment Advice and it will be the Client's responsibility to make an independent assessment as to whether to act upon such investment advise or not. BTSL shall not incur any liability by any reason including any loss, which a client may suffer by reason of any depletion in the value of the assets under advice, which may result by reason of fluctuation in asset value, or by reason of non-performance or under-performance of the securities/funds or any other market conditions.
a. represent that they shall not provide any distribution services, for securities and investment products, either directly or through their group to an advisory client.
b. represents that they shall not provide investment advisory services, for securities and investment products, either directly or through their group to the distribution client.
BTSL shall not be liable for loss or damage caused by or resulting from any event of force majeure, including but not limited to fire, flood, explosion, war, theft, accident, nationalization, expropriation, currency restrictions, measures taken by any government or agency of any country, state or territory in the world, actions taken by any regulatory authority regulating asset managers, amendments to applicable laws, industrial action or labour disturbances of any nature amongst employees of the Investment Adviser or of its agents or of any third parties, boycotts, power failures or breakdowns in communication links or equipment (including but not limited to loss of electronic data), international conflicts, violent or armed actions, acts of terrorism, insurrection, revolution, nuclear fusion, fission or radiation, or failure or disruption of any relevant stock exchange, clearing house, clearing or settlement systems or market.
In the event the Client is desirous of availing certain other services, then the terms of such services including remuneration/compensation shall be agreed separately by the Client and BTSL/concerned Division of BTSL/its affiliate, as applicable.
BTSL shall disclose the remuneration or compensation, in any form whatsoever, received or receivable by it and/or its affiliate while providing any of the other services to the advisory clients.
All communications, to the client, shall be made by BTSL only at the email id/phone number/address and with the authorized person, as given by the client and registered in BTSL records.
The account of the client will be terminated for advisory service in the event of client's death / disability. The succession, nomination, representation etc. will be taken care of as per legal procedure permitted.
Notwithstanding our advice, Client decision, action or omission for financial plans, investment baskets to buy, sell, hold or otherwise deal in the Products shall be based on his/her own independent evaluation of the risks and rewards of the securities and/or investment products and Clients own verification of all the relevant facts, including financial and other circumstances. Neither we nor any of our employees, officers, directors, personnel, agents, or representatives shall be responsible or held liable for the same for any reason whatsoever.
Banayantree recommends that Client obtain his/her own independent legal and tax advice.
All investment advise, provided by BTSL, is based on information available in the public domain, sourced from third parties etc., which it believes to be accurate. However, BTSL does not guarantee that such information shall be accurate and updated all the time.
BTSL's investment advise shall be affected by many external factors like market conditions, volatility, economic conditions, global factors etc. and shall not be construed as a guarantee for the performance or profitability of investments we advise to you.
BTSL will not act intentionally on our own account (on a principal-to-principal basis) on an out of turn profits basis, to sell Securities or Investment products to, or purchase Securities or Investment products from, you in respect of which we are rendering Advisory Services envisaged under this Advisory Agreement.
Any instructions (oral or otherwise) purported to be given by any person other than you, will not be acted on by BTSL. However, BTSL shall act on any and all such instructions which BTSL believes in good faith, or has reason to believe, is from you as soon as such instructions have been received by BTSL in writing, fax, or email correspondence thereof. BTSL shall not be liable for any loss, damage, cost, charge and expense incurred by you as a result of BTSL acting.
Client understands and agrees that:
BTSL serves as Investment Adviser for other Clients as well and will continue to do so and may give advise or take action while performing their duties to other clients or for their own account.
Any investment by BTSL, contrary to the advise given by it to its clients, shall be as per the SEBI IA Regulations.
BTSL as well as its directors, employees, its group companies/Affiliates as well as the directors and employees of such group companies/Affiliates may have investments in various securities/ instruments/products from time to time.
The Investment Adviser, as well as its directors and employees, shall, on a best-efforts basis, avoid any conflict-of-interest situations in relation to the performance of the advisory services for the Client. In case there is any conflict-of-interest situation, perceived or actual, with regard to the performance of the advisory services, BTSL shall ensure fair treatment on an arms' length basis to the Client. The Investment Adviser shall not place its personal interest above that of the Client. BTSL also intends to manage such conflict of interest by complying with the applicable laws, acting in good faith to develop equitable resolutions of known conflicts and developing policies to reduce the possibilities of such conflict and to endeavor that these conflicts do not work to the detriment or the interests of the Client.
BTSL is not obligated to buy, sell or recommend for Client any securities or other investment products which BTSL may buy, sell or recommend for any other Client or for its own accounts. Nothing contained herein, limits or restricts in any way BTSL from buying, selling or trading in any securities or other investment products for their own accounts. For the avoidance of doubt, BTSL may, from time to time, have business relationships with companies or corporations in relation to which advisory services have been provided to the Client.
BTSL shall take all precautions and steps to prevent any insider trading and shall not provide advice on investments/divestments on the basis of any privileged information obtained in its fiduciary capacity from any other client.
The Client acknowledges that the advisory services to be provided hereunder are not conditional upon the Client availing or continuing to avail the other services from BTSL and/or its affiliates. The Client is not bound to avail such aforesaid other services rendered by BTSL and its affiliates.
BTSL may take services of the outside entity/vendors/suppliers of information/service providers/partners/co-creators for the act and the fulfillment of obligations under this agreement.
that the Investment advise is not exclusive and all rebalancing and additional investments are part of the Investment advise. Client further understands that every additional investment will automatically include prior rebalancing of the current investment basket/portfolio and accordingly the tentative order summary will be created.
The client understands that the investor personality/risk profile is primarily done for the purpose of identifying the suitability and Volatility is one of the key components of it.
BTSL shall charge a fee from its clients, for investment advisory services, as per SEBI circular NO SEBI/HO/IMD/DF1/CIR/P/2020/182 dated September 23, 2020, or such other circulars issued from time to time by SEBI.
Fixed fee: Rs 249 per month including taxes:
Fees will be charged on a quarterly basis. The date of subscription will be the date on which the client executes the Investment Advisory Agreement or the previous Subscription date, as applicable.
The Fees shall be paid upfront and using banking channels only. No payments will be accepted in form of cash and prefunded instruments.
Subscription plan will be automatically renewed and charged consecutively for such terms as chosen by you, on the same date your Subscription started until you cancel the Subscription plan, and you authorise us to collect the membership fee for the next membership terms.
Subscription fee shall not be transferable and refundable.
All payments should be made in accordance with the applicable guidelines issued by RBI, NPCI, SEBI, or any other regulatory body. Fees shall be made through the client's own Bank account or a holder of such Bank Account.
Taxes shall be charged as applicable from time to time.
You can manage/cancel your subscription by visiting the Profile section
For cancellation of Subscription, cancellation request has to be submitted at least three business days prior to the next renewal date.
Invoice shall be issued digitally, on the registered email id only.
BTSL reserves the right to waive any Subscription Fees, revise the Subscription fee at its sole discretion by giving reasonable notice to the client.
Functions of Banayantree
Banayantree may/will obtain from the client, such information as is necessary for the purpose of giving investment advice, including age, investment objectives, time for which the clients wish to stay invested, income details, existing investments/ assets, risk appetite/ tolerance, liability/borrowing details etc.
Banayantree uses a tool for assessing the risk profile of the client. The client has to accurately and correctly provide the relevant information to assess the risk profile/Investor Personality.
Banayantree provides implementation services through a separately identifiable department having its own team of professionals distinct from its professionals involved in advisory services. Also, all the transaction between our activities as investment advisor and Implementation services happens at an arms-length relationship.
Client shall not disclose any advice provided by Banayantree to him/her to any third party. Banayantree shall not be responsible for any losses that may be suffered by the client or such party as a result of the disclosure of such advice by the client.
While availing the Services rendered by Banayantree, Client shall not use, sell, distribute, publish, broadcast, circulate, reproduce, retransmit, make any additions, modifications, tamper, disseminate, exploit (whether for commercial benefit or otherwise) any Material/information obtained from/through or provided by Banayantree and/or ETMONEY in any manner whatsoever.
Client understand its obligations that recurring/additional investments basis the advise displayed in the system is his/her sole responsibility and accordingly he/she will initiate the execution at his/her own will. The recurring/additional amount filled in the system is primarily for the purpose of intimating the client for the investment.
Client shall warrant not to do anything that will violate, infringe, prejudice or in any way affect Banayantree and/or ETMONEY's intellectual property rights and shall take all necessary measures to preserve and protect these intellectual property rights.
Security Measures: Client shall be responsible for the systems/platform used by him/her with respect to dealings with Banayantree and for various security measures which he/she have to take to prevent unauthorized access and Banayantree shall not be liable for any such unauthorized access.
Investment objective and guidelines
Banayantree may, at Client request, refer him/her to service providers, stock brokers or other intermediaries or Financial Institutions (collectively hereinafter referred to as "Intermediaries") who may facilitate or provide services to enable client to implement any advice or recommendation made by Banayantree in respect of Products. Client confirms that he/she shall independently evaluate the services and capabilities of such referred Intermediaries and he/she shall enter into a contract for services at his/her sole discretion, judgment, and opinion directly with them.
Client agree that the decision to execute such transactions, whether directly or through any Intermediary is at his/her sole discretion, judgment, and opinion. Client further undertakes and confirm that he/she shall be responsible for all the investment decisions and trades executed through such Intermediaries. Banayantree shall not be held liable in respect of services rendered by such Intermediaries.
Investment Risk Factors
All the security market investments are subject to market risks. Should read all product related documents carefully. Additionally, all financial instruments are linked to default risks, counterparty risks, Credit risk, liquidity risk, asset-backed risk, foreign investment risk, equity risk, interest rate risks and other linked risks.
Past performance of any security or investment products is not an indicative of future performance. Future performance may be completely different from the past performance
the recommendations, suggestions, advice delivered as part of the investment advisory service are based on certain assumptions and projections. They do not assure any kind of defined returns.
Banayantree advise its clients to read and understand the policy wordings, performance track record, offer documents / abridged offer documents, product/scheme objectives, risk factors etc of financial products/ services clients chose to make before Implementing such decision.
Validity of Advisory Services
This Agreement shall become effective as of the date of its execution and shall continue in full force and effect unless terminated.
Amendments and Terminations
This Agreement may be terminated under the following circumstances, namely-
Voluntary / mandatory termination by the Investment Adviser.
Voluntary / mandatory termination by the client.
Suspension/Cancellation of registration of Investment Adviser by SEBI.
Any other action taken by other regulatory body/ Government authority.
In case of voluntary termination of the agreement, the client would be required to give a 30-day prior written notice while the Investment Adviser would be required to give a 30 days prior written notice.
In case of suspension of the SEBI's certificate of registration of the Investment Advisor, the agreement shall be treated as terminated by force.
In case of breach of any condition by Client, Banayantree reserve the right to terminate the agreement without any prior notice.
In case, agreement is terminated by the client, a maximum breakage fee of one quarter shall be charged and remaining fee for the unexpired period shall be refunded by the Banayantree on Pro rata basis.
In case, agreement is terminated by Banayantree, fee shall be refunded for the unexpired period on Pro rata basis.
The agreement may be amended by mutual written consent of the parties. Banayantree also reserves the right to amend this agreement at any time by giving reasonable notice to the client.
The termination of the services shall be without prejudice to the rights and obligations of the Parties which have arisen on or prior to the effective date of termination, including but not limited to discharge by the Client of the Fees payable to the Banayantree.
Maintenance of Accounts and confidentiality
Banayantree is committed to protecting the privacy and security of Clients' personal information and respects client's privacy. Clients' privacy is important to us and maintaining clients' trust is paramount to us and will take all reasonable technical measures to prevent loss or unintended use of your information.
Banayantree maintains all accounts and records as per the regulations and guidelines laid down by the Sectoral regulators, law enforcement authorities and other statutory bodies from time to time. Currently Maintenance of records i.e. client-wise KYC, risk assessment, analysis reports of investment advice and suitability, terms and conditions document, related books of accounts and a register containing the list of clients along with dated investment advice and its rationale in compliance with the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013 as applicable.
We use the information that you provide to us, providing and improving our products and services and the content of our platform.
In case the client chose to follow the whole or any of the parts or aspects of the Investment Advise, he/she agrees to do so at his own risk and after his/her own independent assessment.
The Implementation of the Investment advise and all related obligations, implications and liabilities or benefits, if any, shall be wholly his/her responsibility and Banayantree shall not, in any way be held responsible or liable for any of the outcomes of such implementation/execution or related decisions made by him/her.
Further Banayantree shall not be responsible for any consequential, indirect, punitive or incidental damages (including loss of profits, data, business or goodwill) in connection with the performance of services whether such damages are based on breach of contract, strict liability, tort, breach of warranty etc. or otherwise) even if client had contemplated and communicated to Banayantree the likelihood of such damages.
Banayantree and any of its Group Companies and their respective directors, officers, employees, agents and controlling persons shall be indemnified and held harmless from and against any and all losses, claims, damages and liabilities, whatsoever and howsoever caused, incurred, sustained or arising from, or in connection with, the provision of services to him/her by Banayantree.
The aggregate liability in respect of performance of service or otherwise under this agreement shall be limited to the fees paid to Banayantree (excluding out of pocket expenses and taxes if any paid) for the services rendered by them regardless of whether the liability is based on breach of contract, strict liability, tort, breach of warranty etc. or otherwise.
The advisory services are subject to technology risk, Information risk, risk arising out of system failure, bugs, Computer virus, malware, interruption, communication line failure, tortuous behaviour, hacking etc. and BTSL under any circumstances shall not be liable for any damage or injury caused directly or indirectly.
Without prejudice to the other rights or remedies that Banayantree may have under the applicable laws, Client hereby agrees to indemnify Banayantree and/or its Group Companies, its directors, employees and representatives for all the liabilities (including claims, losses, penalties, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to non-performance and/or non-observance of Clients duties and obligations under this Agreement or due to breach of terms and conditions provided herein including usage of intellectual property of BTSL or willful default, misrepresentation, fraud or misconduct of Client under this Agreement;
The provisions of this clause shall survive termination of this Agreement for any reason whatsoever.
Grievance and dispute resolution redressal
Clients can raise grievances on ETMONEY platform (app/website) and the same shall be addressed as per the BTSL grievance redressal mechanism as per regulatory provisions within regulatory guidelines, if any. This Agreement shall be construed, interpreted and governed by and in accordance with the laws of India.
Any dispute between the Parties, controversy or claims arising out of or in relation to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration, in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
The arbitration proceedings shall be conducted in English and the arbitral tribunal shall be composed of one arbitrator to be appointed by BTSL.
The place of arbitration shall be Delhi and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in Delhi.
The award of the arbitrator shall be final and conclusive and binding upon the Parties, and the Parties shall be entitled (but not obliged) to enter in judgment thereon in any one or more of the highest courts in Delhi having jurisdiction over the subject matter.
The rights and obligations of the Parties under, or pursuant to, this clause, including the arbitration agreement in this clause, shall be governed by and be subject to the laws of India and shall be under the exclusive jurisdiction of the courts located at Delhi.
If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby
Banayantree shall not be liable for delays or errors occurring by reason of circumstances beyond its control, including but not limited to acts of civil or military authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God, insurrection, war, riot, or failure of communication or power supply. In the event of equipment breakdowns beyond its control, Banayantree shall take reasonable steps to minimize service interruptions but shall have no liability with respect thereto.
Each party agrees to perform such further actions and execute such further agreements as are necessary to effectuate the purposes hereof.
The client shall take all necessary steps to ensure that his/her system is updated with the relevant security features to ensure safety and confidentiality of its ID, password, and ensure that it accesses ETMONEY platform in a safe and secured manner.
Whenever you receive any communication (including investment advice) pursuant to this Agreement from BTSL, that you believe as inaccurate/erroneous, you will inform BTSL of any such mistakes or omission or disagreements within seven (7) days from the date of the relevant information/documents. If you fail to do so, you shall be deemed to have agreed to the contents in such communications (including investment advice) and will no longer have the right to dispute the accuracy thereof. Accordingly, BTSL has the right to treat your silence as your representation that, such communication is accurate or/and to your satisfaction. Nothing in this Clause shall prevent BTSL from unilaterally amending any such statement for any inaccuracy it detects.
For the purposes of this Agreement, the term "Intellectual Property" shall mean and include, any and all rights, titles and interests, whether registered or not registered, in and to any and all, trade secrets, patents, copyrights, service marks, logos, business names, names, trademarks, trade names, know-how, designs, utility models, inventions, internet domain names, or other intellectual or industrial property rights throughout the world and any application for registration of the foregoing, and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic as well as any and all moral rights, rights of privacy, publicity and similar rights of any type, and any other rights equivalent to any of the foregoing in any jurisdiction worldwide.
BTSL represents that it possesses rights, licenses or titles, interests including Intellectual Property rights in the products and services offered by them and shall keep the same subsisting during the term of this agreement.
Client acknowledges that BTSL is the sole and exclusive owner or has the requisite license/permission to use their respective brand name or any other variants thereof, all trademarks, names, logos, emblems and any other Intellectual Property of Parties. Client agrees that as permitted under this Agreement it shall not at any time make any use of Intellectual Property of the BTSL without the specific prior written consent of BTSL. Any such consent if granted shall be limited to its terms and shall not be construed to grant permission to any subsequent use of any Intellectual Property of the BTSL, except as otherwise specifically provided in such consent. All rights not expressly granted shall remain reserved. Upon termination of this Agreement for any reason whatsoever Client shall immediately cease to use any Intellectual Property of the BTSL in any manner whatsoever.
Client agrees that any use of BTSL's Intellectual Property pursuant to this Agreement is restricted for the purposes mentioned in this Agreement and in accordance with the directions of BTSL and the terms hereof.
Client acknowledges and agrees that it does not and shall not, nor shall it be deemed to acquire at any time hereafter any right, title, or interest whatsoever in, to or over any of BTSL's Intellectual Property. Client hereby agrees and undertakes it shall not claim or assert any right, title or interest in, to or over all or any of the BTSL's Intellectual Property or take any action which shall or may impair any right, title or interest in or to the BTSL's Intellectual Property.
Banayantree Services Limited, Non-Individual SEBI Registered Investment Advisers, RIA No. INA100006898, Valid till Jan 05, 2022 Registered Address: Express Building, 9-10, Bahadurshah Zafar Marg, New Delhi -110 002 Corporate office: Plot No. 391, Udyog Vihar, Phase-III, Gurugram Haryana, 122016
Contact Details 0124-4187000, firstname.lastname@example.org
Contact Details of Principal Officer - 0124-4187000, email@example.com
SEBI Regional office address,
NBCC Complex, Office Tower-1, 8th Floor, Plate B, East Kidwai Nagar, New Delhi - 110023 Tel. Board: +91-011-69012998
E-mail : firstname.lastname@example.org