Terms of Service

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Terms of Acceptance

ChartAlert (referred to as “We” or “Us”) offers an online platform and leased software for conducting technical analysis of historical price movements, along with market commentaries on potential future trends in stock market securities and publicly traded commodities. This service, collectively known as the “Research” or “Service,” is subject to the following Terms of Use and/or Service. Please note that these terms may be periodically updated by us, without prior notice.

Service Availability

Our site offers financial and asset market data analytical services, including technical analysis, charting, and scanning software called ChartAlert. These services involve analyzing the historical price movement and providing market commentaries on potential future market trends for publicly traded securities on stock markets and commodities on commodity markets (referred to as “Research”).

Please note that the Research provided is intended solely as an informational resource and should not be used for trading or investing purposes. It serves as a supportive service offered by ChartAlert to individuals who rely on our Research.

The Research is provided on an “AS IS” basis and is available for 48 weeks within a 52-week calendar year. Under the 3-month subscription plan, Research will be accessible for 11 out of 13 calendar weeks. For the 6-month subscription plan, Research will be available for 24 out of 26 calendar weeks. Finally, the 12-month subscription plan grants access to Research for 48 out of 52 calendar weeks.

Please note that ChartAlert does not provide any Research for a period of 4 weeks within a 52-week calendar year. This 4-week hiatus is typically spread across Diwali, the end of the calendar year, and the summer season.

Member Registration and Access Obligations

To access and utilize the Research, it is essential that you adhere to the following obligations:

  1. Provide accurate, up-to-date, and complete information about yourself as prompted.
  2. Regularly maintain and update this information to ensure its accuracy and completeness.

Failure to comply with these obligations may result in the suspension or termination of your account, as well as the refusal of any current or future use of the Research, in whole or in part. Additionally, you are prohibited from reselling or transferring the Research or granting third-party access to it.

Furthermore, please note the following requirements:

  1. You are responsible for arranging and paying for your own access to the World Wide Web, including any associated service fees.
  2. You must possess the necessary equipment, such as a computer and modem, to establish a connection to the World Wide Web.

Member Account, Password, and Security

Upon completing the member registration process to download our software, ChartAlert, you will receive a UserID and/or Password for website access. It is your responsibility to maintain the confidentiality of your password and account, and you will be held fully accountable for any activities carried out using your password or account.

To ensure the security of your account, please adhere to the following:

  1. Notify us immediately if you discover any unauthorized use of your password or account or any other security breaches.
  2. Make sure to log out of your account at the end of each session. We cannot be held liable for any loss or damage resulting from your failure to comply with this requirement.

As a member-subscriber of our Research, you will receive a 16-digit UserID and/or multi-digit Activation Key. These credentials authorize the usage of our Research, Charts, and Scans offline, utilizing our technical analysis, charting, and scanning software, ChartAlert. The software is available for lease on your personal computer.

Please note that the Software refers to the collective term encompassing our technical analysis advisory, charting, and scanning tools, which are made available for your use as a member-subscriber.

Member Conduct

When using the Research or Service, it is important to adhere to the following guidelines:

  1. Do not post, upload, or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information.
  2. Do not intentionally or unintentionally violate any applicable local, state, national, or international laws, including regulations set forth by the Securities and Exchange Board of India. This includes adhering to the rules of national securities exchanges such as the Bombay Stock Exchange, the National Stock Exchange, the Multi Commodity Exchange, and the National Commodities & Derivatives Exchange.
  3. Do not post, upload, or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or any other unsolicited commercial communication, unless expressly permitted.
  4. Do not post, upload, or transmit any information or software that contains viruses, trojan horses, worms, or other harmful components.
  5. Do not exploit any information, software, or other material obtained through the Service for commercial purposes without the explicit permission of the provider.
  6. Do not post, upload, publish, transmit, reproduce, or distribute any information, software, or other material obtained through the Service that is protected by copyright or other proprietary rights, unless permission has been obtained from the copyright owner or rightholder.
  7. Do not restrict or inhibit any other authorized user from using and enjoying the Service.
  8. Do not post, upload, publish, reproduce, transmit, or distribute any component of the Service itself or derivative works without permission, as the Service is protected by Indian and international copyright laws.

By adhering to these guidelines, you contribute to a positive and respectful environment for all users of the Service.

We are not obligated to monitor the Service. However, please be aware that we reserve the right to periodically monitor the Service electronically. This is done to ensure the proper operation of the Service, comply with applicable laws and regulations, respond to governmental requests, and protect both the Service and its subscribers. We will only monitor or disclose private electronic-mail messages if required by law. Additionally, we retain the right to refuse or remove any information or materials that we deem unacceptable, undesirable, inappropriate, or in violation of our Terms of Use and/or Service.

Termination and Cancellation

Your rights to use the Research or Service will remain in effect unless terminated or canceled.

We reserve the right to terminate or cancel your account or software lease, or deny you access to any materials stored on the Internet or in the leased software on your computer, as well as access to third-party services, merchandise, or information through ChartAlert. This may be done without prior notice, at any time and for any reason, at our discretion. The following reasons may lead to termination or cancellation:

  • Unauthorized access or use by you
  • Assignment or transfer of granted rights
  • Violation of the terms of service
  • Engagement in inappropriate conduct or activities that are not suitable for continued access

Please note that we are not responsible for notifying any third-party service providers or the consequences of such lack of notification.

Termination or cancellation of this agreement will not affect any rights or remedies that we may be entitled to under the law. Upon termination or cancellation, all your rights to use the Service will immediately cease and revert to us. Except as stated here, subscription fees charged for accessing the Service are non-refundable, regardless of the reason for termination or cancellation.

Cancellation and Refund Policy

You have the freedom to cancel or terminate your usage of our Service whenever you wish by closing your account or discontinuing its use. However, please note that if you choose to do so, you will not be eligible for any refund of the subscription fees you may have already paid before stopping your use of the Service.

Indemnity and Limitation of Liability

By accepting these Terms of Use and/or Service, you agree to protect, compensate, and absolve us, our affiliates, directors, employees, and agents from any and all claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees). This indemnification applies to situations such as (a) an actual or alleged violation of these Terms of Use and/or Service, as well as any other terms, policies, or guidelines provided by us, (b) any wrongful or improper use of the Research/Service, including the placement or transmission of messages, information, software, or other materials through the Research/Service using your account, or (c) any infringement on the rights of third parties.

Furthermore, you acknowledge that the online payment gateways, payment system providers, their contractors, affiliates, directors, employees, and agents involved in processing online payments hold no liability for any claims regarding any deficiencies in our Service, non-fulfillment, or unsatisfactory fulfillment of products and/or services purchased from us. Consequently, they bear no responsibility for any aspect of the agreement between you, as a user, and us.

ChartAlert’s Proprietary Rights

You acknowledge and agree that the Research, including the Software used for it, contains confidential and proprietary information protected by intellectual property and other laws. Additionally, the Content in sponsor advertisements or information presented through the Service or advertisers is safeguarded by copyrights, trademarks, patents, or other proprietary rights and laws. Unless expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, either in whole or in part.

As an Evaluation Trial user for a trial period of 4 weeks or a Paid subscriber for 3, 6, or 12 months, we grant you a personal, non-transferable, and non-exclusive right and license to use the Software’s object code on a single computer. However, you are not permitted to copy, modify, create derivative works of, reverse engineer, reverse assemble, or attempt to discover the source code. Furthermore, you must not sell, assign, sublicense, grant a security interest in, or transfer any right in the Software. It is also prohibited to modify the Software or use modified versions, including for unauthorized access to the Research. You are only allowed to access the Research through the interface provided by us for accessing the Service, and not by any other means.

Warranty Disclaimer

Please note the following regarding your use of the service:

  • Your use of the service, including the software, is solely at your own risk.
  • The service is provided on an “as is” and “as available” basis.
  • We explicitly disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Furthermore:

  • We do not guarantee that the service will meet your specific requirements.
  • We do not guarantee that the service will be uninterrupted, timely, secure, or error-free.
  • We do not guarantee the accuracy or reliability of the results obtained from using the service.
  • We do not guarantee that any products, services, information, or other materials obtained through the service will meet your expectations.
  • We will make efforts to correct any errors in the service.

Please be aware that these disclaimers apply to your use of the service.

Important Notice Regarding Financial Matters

Before engaging in any service related to companies, stock quotes, commodity quotes, investments, or securities, whether by creating or joining, or before receiving or requesting any news, messages, alerts, or other information from the Service, we strongly advise you to review the sections titled “ChartAlert’s Proprietary Rights” and “Warranty Disclaimer.” These sections contain crucial information that pertains specifically to the subject matter.

It is important to exercise caution when dealing with financial information. This is especially true for information regarding companies whose securities are publicly traded on stock markets and commodities that are publicly traded on commodity markets. The phrase “let the investor beware” is particularly relevant in such cases.

The Research or Service provided on this site, including technical analysis of historical price movements and market commentaries on future market trends, should be regarded solely as a source of information. It is not intended for trading or investing purposes.

Please note that the Research offered on this site or through a leased technical analysis advisory, charting, and scanning software is primarily intended as technical support and services for the community of individuals who refer to it. It should not be reproduced, copied, or shared with others. Your use of the Research is entirely at your own risk, and it is your responsibility to assess its accuracy, completeness, and usefulness. Furthermore, the Research should not be considered an offer to facilitate trading in the stock market or commodities market, or to sell any securities, options, futures, commodities, mutual funds, bonds, or any other financial instruments. Nor should it be regarded as a solicitation to buy such instruments.

We cannot be held responsible or liable for the accuracy, usefulness, or availability of any information transmitted via the Service, including the Software. Moreover, we shall not be responsible or liable for any trading or investment decisions made based on such information.

The Service may include links to other websites or online resources, which can be provided either by us or third parties. It is important to note that we have no control over these external sites or resources. Therefore, we want to make it clear that we do not endorse or take responsibility for the availability, content, advertising, products, or any other materials found on or through these linked sites or resources.

Furthermore, we want you to understand that we are not liable for any damage or loss that may occur as a result of using or relying on the information, data, text, graphics, messages, or any other materials (collectively referred to as “Content”), as well as the goods or services available on or through these linked sites or resources. It is your responsibility to use caution and exercise discretion when accessing and utilizing such Content, goods, or services.

Third Party Provided Content

— not applicable currently —

Refer Copyright and Permission Requests

Disclaimer

Refer Disclaimer


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