TERMS AND CONDITIONS
These terms and conditions (“Terms and Conditions”) are applicable to the use of Emint website (www.emint.in), Emint mobile application, and any other linked pages, products, software, features, or other application services (“Emint Portals”) offered and managed by Emint 1729 Services Private Limited, a company incorporated under the Companies Act, 2013 with corporate identity number U72900DL2022PTC399365 and having its registered office at Flat No 601, 6th Floor, Kailash Building, K G Marg, Connaught Place, Central Delhi, Delhi 110009 (“Emint”) and any services and products offered on the Emint Portals (“Emint Services”).
Emint is not a stock exchange or an investment adviser or a research analyst or a stock broker, and is not registered with or regulated by the Securities and Exchange Board of India (“SEBI”). Emint is an online portal which provides technology solutions and backend support and enables users to learn about the securities market in India. Emint may also have tie-up(s) with stock broker(s) registered with SEBI to enable its users to undertake trades in securities through the stock brokers(s).
Please read the Terms and Conditions carefully before registering on, accessing, browsing, downloading, or using the Emint Portals or any Emint Service. Any person logging on to or using the Emint Portals or any Emint Service (hereinafter “You” or “User”) shall be deemed to have, and treated by Emint to have, read and unconditionally and irrevocably consented to and accepted the Terms and Conditions
Emint is an online portal and not a regulated entity and does not undertake any regulated activities. Any trading of securities facilitated on the Emint Portals will be conducted through an appropriately regulated entity authorised to undertake such activity. (e.g., since stock broking is a regulated activity, Emint will facilitate such activity through Microcurves Trading Private Limited (“Microcurves”), a SEBI registered stock-broker).
All information on the Emint Portals is made available for knowledge sharing, illustration and/or educational purposes only. No information displayed on the Emint Portals should be considered as investment advice, an opinion, a research report or a recommendation to buy or sell any security or any other asset. Emint does not verify information posted by Users and Users should independently assess/validate any such information which they might receive on the Emint Portals from time to time.
Emint may also arrange certain programmes/undertake certain initiatives aimed at promoting User engagement and User education. Like any information available on the Emint Portals, any discussion/documents circulated in such programmes would be solely for educational purposes only and should not be considered as investment advice, an opinion, a research report or a recommendation to buy or sell securities.
Investments in securities market are subject to market risks. Investment decision making is a complex process which involves a wide range of factors. Such factors inter-alia include assessing investment needs, risk tolerance, performance of underlying security, suitability assessment etc. Emint does not in any manner conduct any assessment of risk appetite, investment objectives or any other factors for any User, and does not in any manner recommend or identify any investment ideas or portfolios or securities. No representation, warranty or undertaking, express or implied, is made and no responsibility is accepted by Emint as to the accuracy of any information provided on the Emint Portals, including by any Users. No information on the Emint Portals is intended to provide the basis of any credit or other evaluation or investment decision and Users should not consider such information a recommendation to purchase any securities or assets. Users contemplating making any investment in securities should make their own independent investigation of the financial condition and affairs of the relevant companies, and its own appraisal of the creditworthiness of the relevant companies. Users should consult their own financial, legal, tax and other professional advisors as to the risks and investment considerations arising from an investment in securities and should possess the appropriate resources to analyse such investment and the suitability of such investment to such User’s particular circumstances. Users are responsible for fact checking or assessing the accuracy and utility of any report or claim or opinion published on the Emint Portals.
The access to the Emint Portals and Emint Services is only available to a person who is competent to enter into legally binding contracts under the Indian Contract Act, 1872. The access to the Emint Portals and Emint Services is not available to anyone previously removed by Emint from accessing Emint Services and/or the Emint Portals. Emint reserves the exclusive right to accept or reject requests of any User to access the Emint Portals for availing Emint Services after taking into consideration such criteria as it deems fit. Emint at its discretion may prescribe eligibility criteria for availing any Emint Service. You will be required to meet all such eligibility requirements in order to continue availing Emint Services. Any decision to provide (or not provide) Emint Services to a User will be at the sole, independent and absolute discretion of Emint.
If You access the Emint Portals, You represent to Emint that: (i) You are a human being and not a bot; (ii) You are 18 years of age or older; (iii) You are competent to enter into legally binding contracts under the Indian Contract Act, 1872; (iv) You are not barred or otherwise legally prohibited from accessing or using the Emint Portals and/or Emint Services under the laws of India or by Emint; and (v) You are an Indian national who is a tax resident of India and that You are not a tax resident of the United States of America or any other country.
By registering on, accessing, browsing, downloading, or using the Emint Portals or any Emint Service, You agree and acknowledge that:
Terms and Conditions form a legally binding contract between You and Emint in connection with the use of the relevant Emint Service(s) and/or the Emint Portal(s);
Emint has the unconditional unilateral right to amend, add, remove, and/or modify any portions of the Terms and Conditions, from time to time, without notice to You, and You agree to comply with such amended Terms and Conditions. Once posted, those changes will be effective immediately unless stated otherwise. Emint will update You on an annual basis or as otherwise prescribed under applicable law of all the changes made by Emint to the Terms and Conditions. It is hereby clarified that any change made by Emint to Terms and Conditions will come into effect immediately upon posting (unless otherwise specified) and not on the day on which Emint notifies You of those changes. Any failure or delay by Emint to update You of the changes to the Terms and Conditions will not impact the validity and effectiveness of those changes. You will be responsible for reviewing, and You will review, Terms and Conditions and the Emint Portals for any updates or changes on a regular basis. Continued access or use of the Emint Portal(s) and/or Emint Service(s) constitutes Your acceptance of the amended Terms and Conditions;
You shall not impersonate any person or entity, or falsely state or otherwise misrepresent any information (including Your identity, age or affiliation with any person or entity);
You agree that it is solely Your responsibility to independently evaluate, or obtain independent advice from a competent professional of, the accuracy, completeness and usefulness of all the information, updates, services, merchandise (if any) provided through the Emint Portals specifically (including via links to third party websites) or on the internet generally and its suitability and appropriateness for the User. Any such information should not in any circumstances be construed as Emint’s representation or endorsement for the same; and
You agree that it is solely your responsibility to comply with all applicable laws and You will not undertake any action which will (i) jeopardise Emint’s interests or (ii) subject Emint to any regulatory actions that are likely to impair or damage the reputation, regulatory standing, costs, or business of Emint.
If at any time You do not agree with Terms and Conditions which are applicable for the purpose of accessing and using the Emint Portals, You shall immediately cease Your use of the Emint Portals and not avail any Emint Service. You further agree that any such discontinuance of use of the Emint Portals will not entitle you to seek refunds/partial refunds of any Subscription Fees (as defined below) (if any) which you may have paid/agreed to be paid earlier. You shall be bound by and shall continue to adhere and abide by the Terms and Conditions for a Emint Service, for so long as You avail that Emint Service or owe any amount to Emint, in relation to that Emint Service.
Fees for access
As long as You accept and comply with Terms and Conditions, Emint grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Emint Portals and/or avail all or some
Emint Services on payment of such non-refundable fees as may be prescribed by Emint from time to time (“Subscription Fees”).
Emint may make available certain Emint Service(s) with the assistance of certain other service provider(s) (“External Service Provider”). To avail such Emint Services, You hereby consent and agree to (i) pay requisite fees as may be prescribed by such External Service Provider and (ii) comply with any additional rules, guidelines, policies, terms and conditions, instructions, notices, requests, etc., as may be intimated by Emint/External Service Provider, from time to time, in relation to each Emint Service.
All applicable taxes including goods and services tax and withholding taxes and other governmental charges and levies in relation to Emint Services shall be fully born by the User.
In the event of any termination or suspension of any Emint Service or Your account, You shall not be entitled to claim full/partial refund of any Subscription Fees paid/agreed to be paid by You.
In order to access the Emint Portals, You need to open a User’s account with Emint, register on the relevant Emint Portal(s) and complete the authentication process through one of the methods of authorization specified, including but not limited to, entering the one-time password issued by Emint to You on Your registered mobile number. Your access to the Emint Portal(s) may be linked to Your mobile device. You agree and acknowledge that Your location details may be tracked during the registration process. The terms of and process for opening an account in respect of a particular Emint Service shall be notified separately from time to time.
Account Data Confidentiality and Verification
At the time of registration of Your account, You are obliged to provide correct and complete information. The login data is intended solely for Your personal use and therefore, is always to be kept secret and safe. You are not entitled to share the login details with third parties for using Emint Services or to disclose these otherwise.
Emint may require You to provide additional information to verify Your identity as a condition of providing Emint Service(s) to You or before Emint permits You to use Emint Service(s) through Your relevant account.
You acknowledge and agree that You shall be solely responsible for immediately notifying Emint of any change in Your e-mail address and/or mobile number registered with Emint.
Arrangements with External Service Providers
Where any products and/or services are made available to You through any External Service Provider, such products and/or services will be provided on an as is and as available basis, without any representations and warranties, express or implied by Emint. Emint does not make any representations pertaining to the information, content, products and/or services listed or included on or delivery of any such products and/or services to You through any External Service Provider and its suitability and appropriateness for You. Further, such Emint Services which are offered by providing access/integration with the systems of an External Service Provider are further subject to their respective additional terms and conditions and policies which are available at following link:
Links for additional terms and conditions
Broking through Microcurves
Payment aggregation and related services through Cashfree Payments India Private Limited
Financial data support [service/feeds] from CMOTS Internet Technologies Pvt. Ltd.
Digital documentation through Digio
Technical scans through Investobull Fintech Private Limited
News feed access (business feed) through The Press Trust of India Ltd.
Charting library access through TradingView Inc.
Charting library access through TradingView Inc.
Emint is only acting as a platform which provide user interface to facilitate interaction between You and such External Service Provider offering such product/service. You explicitly agree that Emint has never made any claims/promises as regards performance of such External Service Provider and accordingly Emint is not responsible in any way for the products and/or services purchased and/or availed by You from such External Service Provider using the Emint Portals or otherwise.
You hereby acknowledge and agree that Emint shall not be liable for failure of/failure to facilitate any transaction with any External Service Provider through the Emint Portals for any reason whatsoever including but not limited to non-performance or omission or commission on the part of External Service Provider, deficiency of products and/or services delivered, and technical errors on External Service Provider.
You acknowledge and agree that You shall be solely liable for any losses, disputes, and/or fraudulent transactions undertaken on/through Your account on the Emint Portals due to Your failure in complying with the Terms and Conditions or due to any other reason and Emint shall have no liabilities in this regard.
Emint has a tie-up with The Press Trust of India Limited (“PTI”) for sourcing data feeds (primarily in relation to news content). Users making use of such data feeds shall be subject to following key conditions:
The content (stories/pictures/graphics and other material) provided by PTI is copyrighted, the owner of copyright being PTI. At all times while using the content it should be credited appropriately to PTI or its associates as the case may be, even on a translated or an edited story;
Archiving/storage of PTI content in any manner whatsoever is prohibited;
PTI content is available on the website is copyrighted and re-distribution / re-sale or any kind of unauthorized use is strictly prohibited and would invite legal action;
Re-sale / Re-distribution and/ Reproduction of PTI content in any manner whatsoever is strictly prohibited.
KYC check and authentication documents
For availing Emint Services, You are obliged to provide certain Know Your Customer (“KYC”) and other authentication documents as prescribed under applicable law or as requested by Emint/ External Service Provider(s). You undertake to promptly provide any such documents and information as requested. You will ensure that all the information/documents provided by You is true, correct, accurate, and complete in all respects.
Communications and Information
Emint may send alerts to the mobile phone number provided by You while registering with the Emint Portal(s) for Emint Service or on any updated mobile number subsequently provided by You on the relevant Emint Portal. Emint may also send alerts via e-mail or push notifications.
The alerts will be sent via SMS, only if the mobile phone is in On mode to receive the SMS, via e-mail, only if the e-mail servers and e-mail ids are functional, and via push notifications, only if You have enabled the receipt of such notifications. If the mobile phone is in Off mode or if the e-mail servers or email-ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages. Please note, by default, this alert is kept in On mode and You hereby provide your consent for such election.
Emint will make reasonable efforts to provide alerts via SMSs, e-mails or push notifications and it shall be deemed that You shall have received the information sent by Emint as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Emint Portal(s) or availing any Emint Service. Emint shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Emint liable for non-availability of the SMSs, email alerts, or push notifications service in any manner whatsoever.
Although Emint does not pre-screen, endorse, or approve the content available on Emint Portals, You agree that Emint has the right (but not the obligation) to refuse, delete, or remove any content anytime at its discretion for any reason as it deems fit.
SUBMISSION OF PERSONAL INFORMATION
You agree that all the personal information You provide upon registration to Emint/ External Service Provider(s), at the time of availing any Emint Service and at all other times including information such as name, address, contact number, and KYC details, will be true, accurate, current, and complete. You agree to maintain and update the personal information and to keep the personal information true, accurate and complete.
If You provide any personal information that is untrue, inaccurate, not current, or incomplete, Emint and/or External Service Provider(s), as the case may be, shall have the right to suspend or terminate Your account and refuse any and/or all Emint Services. Emint/External Service Provider shall not be liable in any manner whatsoever for any loss or damage incurred by You or any dispute initiated by or against You, due to any untrue, inaccurate, not current, or incomplete personal information provided by You.
You also acknowledge that Emint/External Service Provider(s) may obtain, verify, or receive information relating to You from other service providers, financial institutions and/or governmental agencies for the purposes of offering Emint Services.
The personal information provided by You, together with the personal information received by Emint/ External Service Provider from third parties or generated in the course of You accessing the Emint Portals and/or availing Emint Services are collectively referred to as “Personal Information”.
You further agree that such Personal Information may be displayed, automatically, or otherwise, upon logging into Your account and/or initiating/undertaking any transaction with External Service Provider through the Emint Portals. Please note that some of Your information, including Personal Information required to service Your account, is readily available on the Emint Portal(s) and only viewable by You by logging on to the relevant Emint Portal(s).
You irrevocably and unconditionally authorise and consent to receive from any External Service Provider, their affiliates or group companies, their business partners, and their employees, agents, and associates, promotional offers, deals, marketing material, promotional material electronically through e-mail, text message or any other electronic means. You confirm that laws in relation to unsolicited communications referred in National Do Not Call Registry as laid down by Telecom Regulatory Authority of India will not be applicable for such communications, calls, emails, or text messages communication through any other electronic means received from entities/persons as mentioned above.
Disclaimer for 3rd Party Campaigns
The Emint Portals may contain links to a number of third party websites offering products and/or services. Please note that they are only marketing campaigns for such third parties and are not an offer or an invitation to make an offer by Emint/ External Service Provider to enter into any kind of an arrangement. The links to the third party websites are neither based on a consideration of Your personal circumstances nor are these results of objective or independent research.
Links which direct you to third-party sites are provided solely for Your convenience and information only. Upon clicking a specific third party link, You will be directed to the respective third party’s web page offering the product or service. You acknowledge that: (i) You are clicking on the third party link as per Your sole discretion; (ii) accessing the third party websites shall not mean approval by the third party for offering such products and/or services; (iii) Emint/ External Service Provider shall not be liable for the accuracy of the information being shared on the third party website and cannot be held liable or responsible for any consequences, claims, losses or damages arising out of accessing such sites. It is Your sole responsibility to independently evaluate or obtain investment advice from independent investment adviser about accuracy, completeness, and usefulness of all the information, opinion, advice, service(s), merchandise provided on third-party websites; (iv) Emint/ External Service Provider is not making any warranty,
expressed or implied, in respect of the products or services offered by such third party or as to the results obtained from such third party products or services, and Emint/ External Service Provider is not providing advice or making an offer, solicitation, invitation, or recommendation to buy or avail products or services offered by such third parties; and
(v) Emint/ External Service Provider takes no responsibility for the content of any third-party web pages.]
LIMITATION OF LIABILITY
You acknowledge that the liability of Emint with respect to a Emint Service shall be limited and shall be as per these Terms and Conditions for that Emint Service.
You acknowledge that the Emint Portals and Emint Services are being provided on an as is and as available basis and You may experience interruption while browsing, transacting, using, uploading or downloading information from the Emint Portals/the External Service Provider. Emint does not control what you or other people may or may not do on the Emint Portals and accordingly Emint is not responsible for the consequences of such actions (whether online or offline). Emint is not responsible for services and features offered by others, even if you access them as a part of Emint Services.
You agree and confirm that Emint Services are being provided by Emint on a reasonable efforts basis with reasonable efforts to keep these valid and subsisting. Emint shall not in any manner be liable to You for any failure or delay in providing Emint Services.
You assume the entire risk of using the Emint Portals and Emint Services to the maximum extent permitted by applicable law. In no event shall Emint be liable to You for any special, incidental, indirect, punitive, or consequential damages whatsoever (including, without limitation, damages for loss of goods or services, loss of profits, business interruption, loss of information, or any other pecuniary or other loss) arising out of the use of, or inability to use or have access of the Emint Portals and Emint Services or for any security breach or any virus, bug, unauthorised intervention, defect, or technical malfunctioning of the Emint Portals (including delayed/non circulation of alerts in relation to any activity on Emint Portals/in relation to Emint Services), whether or not foreseeable and whether or not Emint has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, Your use of, or access to, the Emint Portals and Emint Services. Further, Emint shall not be liable to You for any temporary disablement or permanent discontinuance of the services by Emint or for any consequences resulting from such actions.
Emint shall not be liable for its failure to perform under the Terms and Conditions as a result of occurrence of any force majeure events including an act of God, fire, wars, sabotage, civil unrest, labour unrest, outbreak of pandemics or epidemics, action of statutory authorities or local or central governments, work stoppage, system failure or malfunction and/or change in applicable law, that may affect the performance of Emint, External Service Provider, and/or any payment gateway or any other integration used by Emint.
You acknowledge and agree that Emint has offered Emint Services, set its prices, and set out Terms and Conditions in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Emint, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Emint. Emint would not be able to provide Emint Services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, the liability of Emint will be limited to the fullest extent permitted by applicable law.
You acknowledge and accept that market data and other market related information (“Market Data”) on the Emint Portals is provided for information only and is sourced from External Service Providers. Such data and information may not be accurate or up-to-date, and may be provided with a time lag, and should not be used for making decisions to trade in securities in any manner. Emint will not be liable for any losses incurred by Users who trade on the basis of such data or information.
Emint does not verify the identities of Users on the Emint Portals and Emint does not in any manner, directly or indirectly, verify or endorse the views (if any) appearing on Emint Portals, and is not responsible or liable for the quality, accuracy, veracity, reliability or timeliness of any claim, news, information, or opinion published on Emint Portals..
You agree to indemnify, save, and hold Emint, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of Emint Services or of the Emint Portals; (ii) any violation
by You of Terms and Conditions; or (iii) any breach of the representations, warranties, and covenants made by You herein.
By accessing or using the Emint Portals and/or by availing Emint Services, You agree not to: (i) violate the Terms and Conditions; (ii) avail Emint Services with funds that have been obtained illegally or fraudulently or from sources not permitted under applicable law; (iii) infringe Emint’s or any third party’s intellectual property rights, rights of publicity or privacy; (iv) post, transmit, modify, store, update, or share any message which is libellous, defamatory, racially or ethnically objectionable, obscene ,indecent, immoral, prohibited under any law, insulting or harassing on the basis of gender, or which discloses private or personal matters concerning any person; (v) post, transmit, modify, store, update, or share any message, data, image or program which is pornographic, vulgar, paedophilic, offensive in nature, or which is harmful to a child; (vi) post, transmit, modify, store, update, or share any message, data, image or program which threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, public order, or which causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (vii) post, transmit, modify, store, update, or share any message, data, image or program which is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (viii) indulge in any discussion about securities which can in any manner be construed as sharing of information (including any unpublished price sensitive information) for price manipulation or misinformation irrespective of whether or not there is any intention to manipulate prices or mislead other Users; (ix) use or employ, in connection with purchase or sale of any security, any manipulative or deceptive device or contrivance in contravention of the provisions of any rules, regulations or guidelines of SEBI or any applicable law; (x) employ any device, scheme or artifice to defraud in connection with dealing in securities; (xi) engage in any act, practice, course of business which operates or would operate as fraud or deceit upon any person in connection with any dealing in securities; (xii) indulge in any manipulative, fraudulent or an unfair trade practice in securities markets; (xiii) refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Emint; (xiv) remove, circumvent, disable, damage, or otherwise interfere with security related features of the Emint Portals or features that enforce limitations on the use of Emint Services or the Emint Portals; (xv) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any Emint Services or of the Emint Portals or any part thereof, except and only to the extent this is expressly permissible by applicable law; (xvi) use Emint Services or the Emint Portals in any manner that could damage, disable, overburden, or impair these, including, without limitation, using Emint Services or the Emint Portals in an automated manner; (xvii) use any robot, spider, other automatic device, or manual process to monitor or copy the Emint Portals, in whole or in part, without prior written permission of Emint; (xviii) take any action that imposes an unreasonably or disproportionately large load on the infrastructure / network of Emint; (xix) sell Emint Services, information, or software associated with or derived from these; (xx) use the facilities and capabilities of the Emint Portals to conduct any activity or solicit the performance of any illegal activity or any activity that is unlawful or forbidden under law or under the Terms and Conditions (which may include using the Emint Portals for own commercial activities without Emint’s prior written consent or engaging in money laundering, gambling, sweepstakes, barter trades, advertising etc) or undertake any other activity which infringes the rights of others; (xxi) communicate or otherwise furnish, or permit to be communicated or otherwise furnished, any such Market Data or information, in any format, to any person/entity, nor allow any such person/entity to access, directly or indirectly, any of the data or information. Users shall not create/issue/introduce/license and/or allow any third party or index creator to create/issue/introduce any indices/product linked to such Market Data or information, and Users shall not have any rights (including to the intellectual property rights), title, or interest whatsoever, in and to such Market Data or information. Users shall not use Emint Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to Emint, External Service Provider, any third party or You.
Emint at its sole discretion may forthwith terminate and/or suspend, in whole or in part, Your account, the Terms and Conditions, Emint Service(s) and access to the Emint Portals, for any reason including for reasons of breach of the Terms and Conditions.
You may terminate Your arrangements with Emint in relation to any Emint Service by giving 30 days’ notice in writing/email in the prescribed manner (if any) specified in the Terms and Conditions.
All notices, requests, demands, waivers, queries, and other communications required or permitted to be given hereunder in relation to Emint Services under the Terms and Conditions, shall be emailed at firstname.lastname@example.org. Any such communication through electronic mail shall be made only through email address registered with Emint.
Emint may send any such communication on the email address/mobile number as registered by You with Emint and all such communication shall be deemed to have been received by You when Emint sends such communication to the email address or mobile number registered with Emint.
GRIEVANCE REDRESSAL MECHANISM
GOVERNING LAW AND JURISDICTION
The Terms and Conditions shall be governed by the laws of India.
You agree that if any dispute(s) or difference(s) shall arise between You and Emint (“Parties”) in connection with or arising out of or relating to the Terms and Conditions, the Parties shall attempt to settle such dispute(s) by mutual discussions within period of 30 (thirty) days from the receipt of a notice from the other Party of the existence of a dispute(s) (“Disputes Notice”).
If the said dispute(s) cannot be settled by mutual discussions within the 30 (thirty) day period specified above, such disputes(s) shall be referred to arbitration for final resolution in the manner provided herein. The Parties shall mutually appoint a sole arbitrator within 60 (sixty) days from the date of the Disputes Notice who shall resolve such dispute(s) in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time (“Arbitration Act”).
If the Parties fail to appoint a sole arbitrator in accordance with the procedure aforesaid and within the time period as specified above, such sole arbitrator shall be appointed in accordance with the provisions of the Arbitration Act. The arbitration proceedings shall be held in English language with the seat of the arbitration being New Delhi. Subject to the arbitration agreement as mentioned above, the courts and tribunals at Mumbai shall have the exclusive jurisdiction over any dispute(s) as described above.
This Clause is for the benefit of Emint only. You irrevocably and generally consent in respect of any proceedings anywhere in connection with the Terms and Conditions to the giving of any relief or the issue of any process in connection with those proceedings including, without limitation, the making, enforcement or execution against any assets whatsoever (irrespective of their use or intended use) of any order or judgment which may be made or given in those proceedings. To the fullest extent allowed by law, Emint may take concurrent proceedings in any number of jurisdictions.
You acknowledge that Emint is the sole and rightful owner of the intellectual property and You agree not to register, use or file in Your own name or in the name of any other person or company, any trademarks same or similar or resembling in any manner the intellectual property and not to associate the intellectual property with Your or their businesses, except for the purpose (if any) as specified in the Terms and Conditions. In this regard ‘intellectual property’ shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, software, trademark, brand name, service mark, trade name, design, logo, know-how and trade secrets whether registered or not, belonging to Emint.
Nothing contained herein shall authorize You to use, display, or exploit the intellectual property of Emint without the prior written consent of Emint and all content on the Emint Portals and Emint Services is the copyright of Emint except for third party content and any link to third party websites.
The information provided on the Emint Portal(s) is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Emint does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Emint Portals, or the quality of any products, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with Emint Portals.
By posting any content (including any comments/feedbacks etc) on to the Emint Portals, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content. The purpose of this license is to allow us to operate the Emint Portals, promote the Emint Portals and promote your content on the Emint Portals, and such usage is not and should not in any manner be construed as a theft of content or exploitative usage of such content. Users cannot post content that infringes on others' intellectual property or proprietary rights, and are not permitted to use content posted by any other User unless specifically authorized by such relevant User.
If you believe that any content on the Emint Portals infringes your intellectual property, please send written notice to: email@example.com together with the following information: (i) details of the owner of the intellectual property, or a person authorized to act on their behalf; (ii) a description of the intellectual property that you claim has been infringed, together with a description of the exact location on the Emint Portals of such claimed infringement; (iii) your contact details (name, address, telephone number and email address); and (iv) a statement by you that: a) you believe in good faith that the use of the content that you claim to infringe your intellectual property is not authorized by law, the intellectual property owner, or the owner’s agent, b) all information contained in your notice is accurate, and c) under penalty of perjury, you are either the intellectual property owner, or authorized to act on their behalf.
The Terms and Conditions constitute a principal-to-principal relationship between the Parties and are not intended to and do not create any agency relationship. Emint Services provided by Emint and when availed by You from External Service Provider are being provided by Emint as an independent entity and nothing contained herein shall be deemed
(i) to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the Parties or any of its affiliates or subsidiaries; or (ii) to provide either You or Emint with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party.
Emint may assign, in whole or in part, the rights or obligations of the Terms and Conditions to (i) its associates, affiliates, any other group company; or (ii) any other company in any circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of a similar nature. It is clarified that Emint shall not require Your approval or consent for the above assignment. Emint may, at its sole discretion, provide notice of such assignment to the User. You shall not assign, in whole or in part, Your rights or obligations under the Terms and Conditions without the prior written permission of Emint.
Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder by Emint shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies by Emint, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy by Emint. The rights and remedies provided to Emint in the Terms and Conditions or conferred by applicable law, common law, custom, trade, or usage, are cumulative and not exclusive of any rights or remedies provided by applicable law and may be enforced successively or concurrently. Your obligations hereunder will remain in full force and shall not be affected, impaired, diminished or extinguished by any act, omission, default, matter or thing (including anything which, but for this clause would have discharged You (wholly or in part) or would have afforded You any legal or equitable defence) except the full, prompt and complete performance of all the terms, undertakings and conditions of the Terms and Conditions, including the due and punctual payment of all amounts that may become due to Emint and/or External Service Provider under the Terms and Conditions.
If at any time, any provision of the Terms and Conditions is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction, the legality, validity or enforceability of the remaining provisions will not be affected or impaired in any manner. In such event, Emint shall have unilateral right to amend the terms of the Terms and Conditions such that the commercial intent of the Terms and Conditions and the interests of Emint are protected in the same manner as originally contemplated under the Terms and Conditions.
The terms and provisions of the Terms and Conditions by their nature and content are intended to survive the performance hereof by any or all Parties hereto and therefore shall survive termination.
Each of the rights, powers and remedies of Emint under the Terms and Conditions: (i) are in addition to, and not in derogation of, other rights and remedies of Emint given by contract or by applicable law independent of the Terms and Conditions; (ii) may be exercised even if this involves a conflict of duty or Emint has a personal interest in its exercise; and (iii) is not affected by any payment, settlement or anything which might otherwise affect them at law.
It is agreed and clarified that the arrangement set out in the Terms and Conditions between the Parties is on a non-exclusive basis.
By accepting these Terms and Conditions in such mode as may be specified by Emint from time to time, or by the virtue of usage of the Emint Portal and any Emint Service, or the continued usage thereof, You:
confirm that You are eligible under applicable laws to enter into a valid contract and confirm that the Terms and Conditions constitute a valid, binding and enforceable contract between You and Emint;
accept these Terms and Conditions as displayed on the Emint Portal; and
consent to receive communications, notices and information from Emint electronically through e-mail, text message or any other electronic means. Electronic communications shall be deemed to have been received by You when Emint sends the electronic communication to the email address or mobile number provided by You upon registration, at the time of availing a Emint Service and at all other times, or when Emint posts the electronic communication on the Emint Portals.