1. Background
These terms of use (Terms) govern the users’ (users, your, you) access to and use of the mobile application or websites (together, the Platforms), as offered by Alchemy Capital Management Private Limited (us, we, our, Company, Alchemy). Alchemy is a SEBI Registered Portfolio Manager (SEBI Registration Number: INP000000365) with its registered address at B-4 Amerchand Mansion, 16 Madame Cama Road, Colaba, Mumbai, Maharashtra, 400001. Alchemy provides the Platform to its users to offer secure access to investment tracking and insights and other services as may be offered from time to time (Services).
The Terms constitute a binding and enforceable contract between the Company and you. You agree not to use the Platforms for any purpose other than for receiving the Services, or in any way that is prohibited by these Terms or under applicable law. You must refrain from using the Platforms if you do not agree to these Terms.
You represent and warrant that you are at least 18 years of age, and have the right, authority and legal capacity to agree to and be bound by these terms and conditions. If, at any time, Alchemy is of the opinion that you do not satisfy the eligibility criteria, or have made a misrepresentation about your eligibility, it retains the right to disable your access and use of the Platforms.
By using these Platforms, you acknowledge and agree that the Services provided through the Platforms are governed by the terms and conditions outlined in your Portfolio Management Services Client Agreement executed with Alchemy Capital Management Private Limited ("PMS Agreement"). Both these Terms and the PMS Agreement shall be interpreted harmoniously to give full effect to their provisions.
In the event of any inconsistency or conflict between these Terms and the PMS Agreement, the provisions of the PMS Agreement shall prevail to the extent of such inconsistency. However, an effort shall be made to construe both documents in a manner that upholds their intended purpose without rendering any provision redundant or ineffective.
2. General Terms
By opting-in to these Terms by clicking on 'I agree to and accept the Terms and Conditions ' during the login process on the Platforms, you acknowledge that you:
(i) are legally competent to avail the Platforms and have the right, authority, and legal capacity to enter into this arrangement;
(ii) have read, understood, and are bound by the Terms, and if you represent a person or entity, you confirm and represent that you have the necessary power and authority to bind such person and/or entity to these Terms and our Privacy Policy (available here);
(iii) are not in violation of any applicable laws through your use of the Platforms;
(iv) may receive communications from Alchemy - including promotional messages and calls.
3. Your Account
If you wish to use the Platforms, you are required to log-in to an account on the Platforms and in some instances, fill out details, as may be indicated by the Company. In order to create such user profile on the Platforms, you may be required to provide the Company with certain information. Such information will be used and processed in accordance with these Terms and our Privacy Policy. You agree to provide correct details and valid information as required, in order to complete the onboarding process. You acknowledge that the Company reserves the right to introduce eligibility criteria (including the payment of fees as mutually agreed) which users would have to comply with for continued access to whole or part of the Platforms.
You are required to take all necessary measures to maintain the privacy of your user account credentials for the Platforms. Please note that sharing your login credentials / passwords / OTP to any third party may expose you to significant risks as third-parties may gain unauthorized access to your personal and financial information. To protect yourself, please ensure that you do not share your login credentials, passwords or OTPs with anyone, and that you use strong, unique passwords. The Company will not be responsible for any activities that occur through your profile. Additionally, you are prohibited from selling, trading, or otherwise transferring your profile to another party or impersonating any other person for the purpose of creating a profile on the Platforms.
You agree to immediately notify the Company of any unauthorized use of the profile or password. You will be solely responsible for your acts on the Platforms, including those conducted under the username assigned to you or using your information.
4. Proprietary Rights
The Contents and all other material on the Platforms are the proprietary information of Alchemy, and it shall retain all ownership and intellectual property rights over the same. Nobody other than individuals authorized by Alchemy may alter, delete or otherwise modify any of the Contents of the Platforms. We provide you with a single, limited, personal, non-transferable, and non-exclusive right to use and access the Platforms and Content for the limited purpose of availing the Services.
The information, material, advice, suggestions, illustrations, notifications, announcements, disclosures, etc. in the Platforms are collectively referred to as the Content. Although a reasonable amount of care has been taken to keep the Content current and correct, Alchemy does not warrant accuracy, adequacy, or completeness of such Content and expressly disclaims any liability or implied warranties for errors or omissions in that regard.
No part of the Content is, and should not be construed as, an offer or solicitation to buy or sell any securities or make any investments. The content shall not be relied on as advisory or authoritative in substitution for the exercise of due diligence by any user, nor should it be used as a basis for making any decisions without exercising the user’s own judgement or diligence. All information available on the Platforms is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions i.e., without consulting primary, more accurate, more complete, or updated sources of information. Any reliance on the information available on the Platforms is at your own risk.
Alchemy reserves the right to change the Services, Content and hyperlinks on the Platforms, as well as limit, deny, or create different access to the Platforms and Services with respect to different users or change/remove/add Content or Services, without prior notice.
Alchemy may provide links or display media of third parties or redirect you to other sites, services, and resources. The Company may also partner with third-party service providers from time to time. Such hyperlinks to third-party sites and receipt of services from third-parties are accessed at the sole risk of the user. The content, accuracy, opinions expressed, and other information as contained in such third-party sites are not investigated, verified, monitored, or endorsed by Alchemy. Alchemy has no control over such third-party sites and the Company is not responsible for such third-party sites. All third-party service providers shall always be solely liable and responsible for the services provided by them. The Company shall not be responsible for and does not guarantee the quality and efficiency of the services of the service providers.
You further acknowledge and agree that Alchemy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any third-party sites or third-party services.
You agree and acknowledge that the Company shall not be responsible for any losses or damages incurred by you in relation to your use of the Platforms. The use thereof is at your sole risk, and you shall assume full responsibility for any investments, financial decisions, costs, and expenses associated therewith.
THE PLATFORMS ARE PROVIDED TO YOU ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE PLATFORMS OR THEIR HOSTING SERVER ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, YOU ACKNOWLEDGE THAT ON OCCASION, THE PLATFORMS MAY BE TEMPORARILY DOWN DUE TO PERIODIC MAINTENANCE, TECHNICAL ISSUES, OR FOR ANY SECURITY REASONS BEYOND THE COMPANY'S CONTROL. IN SUCH INSTANCES OF DOWNTIME, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY LOSSES WHICH YOU MAY INCUR. HOWEVER, THE COMPANY SHALL MAKE BEST EFFORTS TO RECTIFY THE ISSUE, CAUSING THE DOWNTIME AND MAKE THE PLATFORMS AVAILABLE AT THE EARLIEST. NO PRIOR NOTICE OF DOWNTIME SHALL BE PROVIDED IN THE FOREGOING SITUATIONS OF TECHNICAL DIFFICULTY.
5. Your Conduct
In connection with your use of the Platforms, you hereby agree:
(i) to ensure compliance with applicable laws and these Terms in relation to your use of the Platforms;
(ii) not to misrepresent your personal information or create duplicate profiles on the Platforms ;
(iii) not to use the Platforms for any harmful, illegal, or nefarious purposes, or use the Platforms in such a manner that is harmful to other users on the Platforms;
(iv) not to access the Platforms without meeting any eligibility criteria imposed by the Company from time to time;
(v) not to infringe upon any proprietary rights, including but not limited to copyrights, patents, trademarks or trade secrets, of any party;
(vi) not to upload, post, or transmit any material that contains software or any virus or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(vii) not to undertake any action that imposes or may impose, in the Company's sole discretion, an unreasonable or disproportionately large load on the Company's infrastructure;
(viii) not to access, monitor, copy information by way of data mining, or use of robots, spiders, scrapers, or other similar automated data gathering and extraction tools;
(ix) not to make any back-up or archival copies of the Platforms or any part thereof;
(x) not to deep-link to any portion of the Platforms for any purpose without the Company's express written permission; and
(xi) not to 'frame', 'mirror', or otherwise incorporate any part of the Platforms into any other website without the Company's prior written authorization.
The Company reserves the right, but not an obligation, to investigate or inspect any possible violations by users of these Terms, or applicable law. Following such inspection/investigation, the Company may, in its sole discretion, take any action it deems fit, on the Platforms of Alchemy including termination of violating user’s profile and subscription.
6. Disclaimers
The information, material, advice, suggestions, illustrations, notifications, announcements, disclosures, etc. in the Platforms are collectively referred to as the Content. Although a reasonable amount of care has been taken to keep the Content current and correct, Alchemy does not warrant accuracy, adequacy, or completeness of such Content and expressly disclaims any liability or implied warranties for errors or omissions in that regard.
No part of the Content is, and should not be construed as, an offer or solicitation to buy or sell any securities or make any investments. The content shall not be relied on as advisory or authoritative in substitution for the exercise of due diligence by any user, nor should it be used as a basis for making any decisions without exercising the user’s own judgement or diligence. All information available on the Platforms is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions i.e., without consulting primary, more accurate, more complete, or updated sources of information. Any reliance on the information available on the Platforms is at your own risk.
Alchemy reserves the right to change the Services, Content and hyperlinks on the Platforms, as well as limit, deny, or create different access to the Platforms and Services with respect to different users or change/remove/add Content or Services, without prior notice.
Alchemy may provide links or display media of third parties or redirect you to other sites, services, and resources. The Company may also partner with third-party service providers from time to time. Such hyperlinks to third-party sites and receipt of services from third-parties are accessed at the sole risk of the user. The content, accuracy, opinions expressed, and other information as contained in such third-party sites are not investigated, verified, monitored, or endorsed by Alchemy. Alchemy has no control over such third-party sites and the Company is not responsible for such third-party sites. All third-party service providers shall always be solely liable and responsible for the services provided by them. The Company shall not be responsible for and does not guarantee the quality and efficiency of the services of the service providers.
You further acknowledge and agree that Alchemy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any third-party sites or third-party services.
You agree and acknowledge that the Company shall not be responsible for any losses or damages incurred by you in relation to your use of the Platforms. The use thereof is at your sole risk, and you shall assume full responsibility for any investments, financial decisions, costs, and expenses associated therewith.
THE PLATFORMS ARE PROVIDED TO YOU ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE PLATFORMS OR THEIR HOSTING SERVER ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, YOU ACKNOWLEDGE THAT ON OCCASION, THE PLATFORMS MAY BE TEMPORARILY DOWN DUE TO PERIODIC MAINTENANCE, TECHNICAL ISSUES, OR FOR ANY SECURITY REASONS BEYOND THE COMPANY'S CONTROL. IN SUCH INSTANCES OF DOWNTIME, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY LOSSES WHICH YOU MAY INCUR. HOWEVER, THE COMPANY SHALL MAKE BEST EFFORTS TO RECTIFY THE ISSUE, CAUSING THE DOWNTIME AND MAKE THE PLATFORMS AVAILABLE AT THE EARLIEST. NO PRIOR NOTICE OF DOWNTIME SHALL BE PROVIDED IN THE FOREGOING SITUATIONS OF TECHNICAL DIFFICULTY.
7. Indemnity
To the fullest extent permitted by applicable law, you hereby expressly agree to defend, indemnify, and hold harmless Alchemy, its affiliates, officers, agents, and successors and assigns, against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorney's fees, caused by or arising out of claims based upon any breach/non-adherence by you of these Terms or use of the Platforms or Services, or applicable law.
8. Limitation of Liability
In no event shall Alchemy be liable to compensate you or any third party for any indirect, special, incidental, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not you have been advised of the possibility of such damages, 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 or subscription of or access to the Platforms and Services.
9. Termination
You agree that Alchemy may, in its sole discretion, suspend or terminate your use of or access to the Platforms and/or any Services thereof for any reason, including without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms or applicable law. The Company may also in its sole discretion and at any time discontinue the provision of the Platforms or Services, or any part thereof, with or without notice. You agree that the Company will not be liable to you or any third party for termination of your access to the Platforms.
Upon termination, these Terms shall terminate, except for those clauses that are intended to survive expiry or termination.
The Company may suspend or discontinue the provision of the Platforms in whole or in part:
a) if the Platforms or Services become difficult to offer due to any cause beyond the Company’s control such as natural disasters including earthquake, tsunami, flood, eruption, etc., war, riot, disturbance, power outage, pandemic, etc;
b) for periodic or urgent maintenance of network systems;
c) if required under applicable laws, judicial or administrative orders;
d)if the Company deems it necessary for operational or technical reasons to suspend or discontinue the Platforms in whole or in part; or
e) for any other reason as may be deemed by the Company.
In the event of such suspension or discontinuation of the provision of Platforms or Services in whole or in part due to any of the events listed above, the Company shall make reasonable efforts to notify you to that effect in advance, provided, however, that this shall not apply in cases of emergency. The Company shall not be liable for any loss or damages suffered by you as a result of such suspension or discontinuation of the provision of the Platforms in whole or in part.
10. Governing Law
You agree that no action of the Company, other than an express written waiver or amendment, may be interpreted as a waiver or amendment of any of these Terms. In the event any clause of these Terms is found to be unenforceable, then whenever possible, this will not affect any other clause, and each shall remain in full force and effect.
11. Grievance Redressal
These Terms will be governed by and construed in accordance with the laws applicable in India and any dispute arising out of or in connection with these Terms or the Platforms shall be subject to the exclusive jurisdiction of the applicable court under the jurisdiction of Mumbai, India.
12. Amendments/Updates to Terms
These Terms may be updated or amended by the Company from time to time and the Terms, as updated or amended, shall apply to you. While it is your responsibility to review these Terms periodically for any updates or changes, the Company shall, in accordance with law, make commercially reasonable efforts to periodically inform you of the Terms, our Privacy Policy and other relevant terms that you are bound by and update you of any change in such terms (if any).
13. Grievance
At Alchemy, we are committed to handling complaints in a timely and an effective manner. If you have any concerns or wish to register a complaint, including in relation to any technology or cybersecurity related concerns, request you to follow the below process:
Step 1: Name, address and telephone number of the investor relation officer who shall attend to the investor complaints are as follows:
Name: Mr. Anil Ture
Designation: Head – Operations
Address: B-4, Amerchand Mansion, 16 Madame Cama Road, Colaba, Mumbai – 400 001
Email : complaints@alchemycapital.com
Your complaints will be responded to within 7 days of being lodged.
Step 2- If the investor is not satisfied with the response received by following the Step (1) above then he/she may escalate the concern with all relevant details by marking a mail to escalations@alchemycapital.com.
Step 3: If the resolution provided at Step (1) and then Step (2) does not meet your expectation, you may approach:
1. SEBI’s grievance system – SCORES i.e. SEBI Complaints Redressal System and lodge your grievances at https://scores.gov.in/scores/Welcome.html or you may download the SEBI SCORES app on mobile from Apple Store and Play Store. For any queries / feedback or assistance, you may also contact their toll-free helpline service number (1800 266 7575 or 1800 22 7575) which is available all days from 9:00 am to 6:00 pm (excluding declared holidays).
OR
2. You may initiate the dispute resolution through SmartODR . Please also note that dispute resolution through ODR Portal can be initiated at any stage of the escalation mentioned herein above.
