Terms of Use

Thank you for visiting our website www.hedged.in and for downloading our mobile application Hedged (“Application”). The website, application or any other computer Platform are hereinafter collectively referred to as the “Platform” or “Website”. The Platforms are Internet based portals owned and operated by Octanom Tech Private Limited (“Company”), a company incorporated under the laws of India, having its registered office at 1st Floor & 2nd Floor, Kagalwala House, Plot No. 1 CST Road, Kalina, BKC, Santacruz East, Mumbai Mumbai City MH 400098 India.

The Company is a research analyst registered with Securities and Exchange Board of India (“SEBI”) under registration no. [INH000009825], dated [13.06.22].

This page (read in conjunction with our Privacy Policy details the terms and conditions on which Octanom Tech Private Limited and its affiliates (“Company”, “We”, “Us”, “Our”) provide their services (“Services”) on the Platforms (“Terms”).

These Terms become effective on any person accessing or using any of the Platforms or availing the Services offered by the Company (“User”). For these Terms, the term (“you”) refers to the User or visitor of the Platforms.

Both parties agree to undertake online conciliation and/or online arbitration by participating in the ODR Portal and/or undertaking dispute resolution in the manner specified in the SEBI circular no. SEBI/HO/OIAE/OIAE_IAD-1/P/CIR/2023/131 dated July 31, 2023, on “Online Resolution of Disputes in the Indian Securities Market”.

A subscription once purchased and activated cannot be cancelled. .All Subscription Fees paid are non-refundable, by acknowledging to these terms, you are adhering to the fact that the fees paid by you is non-refundable.

1. Acceptance of Terms

   The Services of the Company can be availed by the User only by accepting the Terms. These Terms constitute a legally binding and enforceable agreement between you and the Company and your use of the Platforms signifies your irrevocable and unconditional acceptance of the Terms.

2. Registration and Account Information

   To access the Platform, you need to register on the Platform and open an account by completing the registration process. Each registration is for a single individual user only. You agree that any information you give to the Company will always be accurate, correct and up to date

   You shall not disclose your password or account information (“Access Credentials”) to any person. You shall notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any unauthorised use of your account and for any loss that you may incur as a result of such unauthorised use. However, you shall continue to be liable to indemnify the Company for any losses incurred by it either directly or indirectly as a result of the unauthorised use of your account.

3. Services

   1. The Company shall provide Services as provided by a SEBI registered research analyst, including but not restricted to information or views on investments or markets such as making buy/sell/hold recommendations in equity and derivative markets, investment analysis or offering an opinion on a public offer with respect to securities that are listed or to be listed in a stock exchange or with respect to any other entities (collectively referred to as Publication/(s) ), to the extent permitted by the relevant laws and regulations. Publication/(s) may use modelling methodologies and statistical techniques, which we assume you are already familiar with.
   2. The User has subscribed to the Website to receive the Services and agree to receive research reports, research analysis, research recommendation or an opinion concerning securities or public offer, providing a basis for investment decision, in the form of:
      1. SMS alerts on registered mobile number;
      2. Periodic emails on the registered e-mail id;
      3. Newsletters on the Website;
      4. Conversation in the form of chats.
      5. Content and trading ideas available on the Platform;
      6. Any other tools employed by the Website

4. Declarations by the User

   1. The User shall not share his/ her Access Credentials with any third person and shall exercise complete care in protecting and maintaining the confidentiality of his/her Access Credentials.
   2. The User agrees and confirms that the Company shall not be responsible for any transactions arising out of any misuse of his/her Access Credentials. The User shall adopt adequate security measures to prevent any unauthorised access to their Platform account, and the Company shall not be liable for any such unauthorised access.
   3. The User shall not hold liable the Company, its directors, officers, representatives and employees for any claim, suit, action, loss, damage, expense or any breach of law in this context, which he/she may incur as a result of his/her decision to invest in any products or services, based on our Publications, whether directly or through its partners.
   4. The User understands that returns on investments are not guaranteed and that he/she has gone/shall go through all investment related documents prior to making any investment decision, and should consult with financial advisor/(s), if required, before taking any decisions or actions based on any of the trading ideas, investment ideas, or live funds on the platform.
   5. The User understands that derivative trading is extremely risky in nature with the possibility of losing some or all of the capital invested.
   6. The Company shall make reasonable efforts to keep all the information relating to your dealings through your account on the Platform confidential. Provided however that the Company shall be entitled to disclose any information or particulars pertaining to you to any authority, statutory or otherwise, as may be required by law or by a third- party service provider required to complete any transactions requested by you. The User understands that the Company reserves the right to disclose your personal information to any regulatory authority such as, but not limited to, the SEBI, Reserve Bank of India ( “RBI”), the Income Tax Department, if required under any law or if directed to do so by a court of competent jurisdiction.
   7. The User agrees that the data and information shared by them with the Company can be further shared with its authorised agents, representatives, affiliates, group companies and subsidiaries for facilitating transaction processing, servicing, data processing, transaction statement generation and for the handling and resolution of any queries received from them.
   8. The User understands that the Services and Publications provided by the Company are not in the nature of investment advice, as defined under the SEBI (Investment Advisers) Regulations, 2013.
   9. The User understands that the data and information provided on the Website does not constitute advice and shall not be relied upon by the User while making investment decisions. The User understands that they shall not make investment decisions based on the information contained on the Website without independently consulting with duly registered and qualified advisors and that, if the User chooses to engage in such transactions with or without seeking advice from a duly registered and qualified financial advisor, then such decision and any consequences flowing therefrom are his sole responsibility.
   10. User confirms that the Publication/(s) are prepared for persons who have experience in matters related to investments or are investment professionals with sufficient financial sophistication to be able to appraise and evaluate the information received or accessed, including, where appropriate, a full understanding of the credit risks inherent in new debt issues and the price volatility of stocks when brought to the market. The Publication/(s) may not be suitable for all investors;
   11. The User understands that while the views expressed in the Publication/(s) would generally be ours as of the date of the Publication/(s), some or all of the views contained therein may be based on the views of one or several of our sources. All opinions, estimates and projections provided by such sources or the author/(s) are as of the date of such Publication/(s) and are subject to change without notice and we have no obligation to update any views, opinion, estimates or projections set forth therein; and
   12. The User understands that the Company shall not provide any promise or assurance of favourable review in its research report to a company or industry or sector or group of companies or business group as consideration to commence or influence a business relationship or for the receipt of compensation or other benefits.

5. User Conduct and Rules

   You agree and undertake to use the Platforms only for the purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. By way of example, and not as a limitation, you agree and undertake that while using our Services or accessing our Platforms, you will not:

   1. Host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person and to which you do not have any right;
   2. Upload files that infringe any patent, trademark, copyright or other proprietary rights;
   3. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
   4. Post, upload, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
   5. Download, copy or imitate any portion of Platform, its underlying software and content, or its user interface, or the Website, except as expressly permitted by us;
   6. Deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicate any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
   7. Access or attempt to access any of the Services by any means other than through the interface that is provided by the Company, except as expressly permitted by us, and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services;
   8. Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;
   9. Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Website and the users’ security;
   10. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
   11. Upload files that are patently false and untrue, and are 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;
   12. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platforms;
   13. Violate any code of conduct or other guidelines, which may apply for or to the Services;
   14. Violate any applicable laws or regulations for the time being in force in India; and
   15. Violate, abuse, unethically manipulate or exploit, any of the Terms.

6. Termination of Account or Services

   You agree that the Company may at any time and for any or no reason, terminate your access to the Platforms, or restrict or suspend your access to all or any part of the Website or the Application at any time, with or without prior notice, and without liability. The Company reserves the right to cancel your rights to access the Platforms if it believes that you are using any of the Platforms in breach of these Terms.

7. Intellectual Property Rights

   All materials on our Platforms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by the Company. You acknowledge and agree that all content on our Platforms is made available for limited, non-commercial, personal use only. You may not add, delete, distort, or otherwise modify the Material.

   The Company is the sole owner of the Platforms and all software created to provide you with the Services. The Company provides you with a single limited license to download, use and access the Platforms on your devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, non-licensable and non-exclusive.

8. Links to Third Parties

   Platforms will contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. If you decide to access any such linked third-party website, you do so at your own risk. The Company disclaims all responsibility and liability as regards the services, conduct or actions of such third party.

9. Force Majeure

   The Company shall have no liability to you whatsoever for any interruption or delay in its Services, or to access the Platforms if such interruption, delay, or inability is caused by a force majeure event. A “Force Majeure Event” means any event or circumstance beyond the reasonable control of the Company including but not limited to an act of God, fire, explosion, flood, epidemic, power failure, governmental actions including acts of government officials or police authorities, war or threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, labour disputes, strikes, pandemic, epidemic, change in law or policies, court orders, cyber threats and cyber-attacks including those resulting from malware, trojans, ransomware, data breach, hacking, or malicious damage to the Platforms.

10. Indemnity

    1. You agree to indemnify, defend and hold harmless the Company, its service providers, its partners and their officers and agents from and against all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of or result from or maybe payable by the virtue of any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you under these Terms.
    2. You agree that the Company, its service providers and their officers and agents are not liable for any loss caused through a fall in value of investments etc which can go up or down depending on the factors and forces affecting capital markets or any indirect, special or consequential loss you might suffer.
    3. You agree and undertake not to hold the Company and its service providers liable for the following:
       1. for any loss or damage incurred or suffered by you due to any error or defect arising from or caused by any reason whatsoever;
       2. for any fraud, negligence/mistake or misconduct by you;
       3. for any breach or non-compliance by you of these Terms of Use.

11. Disclaimer of Warranties

    1. The Company shall not be liable for any, direct, indirect, punitive, incidental, special, consequential, damages including, without limitation, damages for loss of business projects, damage to your computer system, loss of profits, loss of data arising out of the use of the Platforms, delay or inability to use the Platforms, failure to provide the Services, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of the information contained on the Platforms, shutting down of the whole or part of the Services that might result in any loss of information, non-retrieval or loss of data, or arising out of the inability to use any Services.
    2. No advice or information, whether oral or written, obtained by you from the Company or from the Services shall create any warranty not expressly stated in the terms.

12. General Investment Disclosure

    1. The content and data available on the Platform are for information and illustration purposes only. Charts and performance numbers are back-tested/simulated results calculated via a standard methodology and do not include the impact of transaction fees and other related costs. Data used for calculation of historical returns and other information is provided by exchange approved third party data vendors and has neither been audited nor validated by the Company. All information present on the Platform is to help investors in their decision-making process and shall not be considered as a recommendation or solicitation of an investment or investment strategy. The investors are responsible for their investment decisions and are responsible to validate all the information used to make the investment decision. Investors should understand that his/her investment decision is based on personal investment needs and risk tolerance and the performance information available on the Platform is one among many other things that should be considered while making an investment decision. Past performance does not guarantee future returns and performance of the strategies you pick are subject to market risk.
    2. Investments are subject to market risk. The User should refer to the offering documents or information memorandum and the specific risk factors before investing. Unless expressly stated, products mentioned in the Publication/(s) are not guaranteed by Company or its affiliates.
    3. Nothing in the Publication/(s) shall constitute an investment recommendation made by us nor is it intended to form the sole basis for any evaluation of the securities or any other instrument which may be discussed in it or any investment decision. Unless there is an explicit and recorded recognition on our part, in relation to a particular transaction, that investment advice is being offered on the basis of such Publication/(s), you acknowledge that any such investment decisions you make in relation to the Publication/(s), will not be treated as advised by us. Save as stated above, in every other circumstance, you acknowledge that you will assume responsibility for any investment decisions you make further to the information contained in the Publication/(s). Unless required by applicable laws and regulations (if any), neither us nor any of our directors, partners, or employees accepts any liability whatsoever for any losses arising from any use of or reliance upon the Publication/(s) or its contents, or for any omission.
    4. We believe the information contained in the Publication/(s) is reliable however, we make no representation as to the accuracy or completeness of information contained in such Publication/(s) which is stated to have been obtained from or is based upon trade and statistical services or other third-party sources. Any data on past performance, modelling or back-testing contained therein is no indication as to future performance. No representation is made as to the reasonableness of the assumptions made within or the accuracy or completeness of any modelling or back-testing. The value of any investment may fluctuate as a result of market changes. There can be no assurance or guarantee that any investment will achieve any particular return. Past performance is not necessarily an indicator of the future performance of any investment.

13. Modification

    The Company reserves the right to modify, amend or waive any of the provisions of these Terms, from time to time entirely at its own discretion. You agree and understand that you are responsible for checking these Terms periodically to remain in compliance with these Terms. The Company will inform you, once in a year, regarding the updated and amended Terms of the Platforms. Your use of the Platforms after any amendment to the Terms shall constitute your acceptance of such amended Terms.

14. Entire Agreement

    These Terms along with the Privacy Policy shall constitute the final, complete and exclusive statement of the agreement between the Company and the User with respect to the use of the Website and the Application.

15. Waiver and Severability

    • The failure of the Company to exercise any right as per these Terms shall not constitute a waiver of such right. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. No waiver of any breach of these Terms shall waive any other breach, and no waiver shall be
    • If any provision of these Terms is held invalid by any court or tribunal in a final decision from which no appeal is or can be taken, such provision shall be deemed modified to eliminate the invalid element and, as so modified, such provision shall be deemed a part of these Terms. The remaining provisions of these Terms shall not be affected by such modification.

16. Governing Law and Venue

    These Terms shall be governed by the laws of India. The courts of Mumbai shall have exclusive jurisdiction over any disputes arising under these Terms.

17. Grievance Officer

    Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms shall be immediately informed to the designated Grievance Officer or at the customer care e-mail as mentioned below in writing or through e-mail. The Company shall not be responsible for any communication, if addressed, to any non-designated person in this regard.compliance@octanom.com