User Agreement
This Client Service Agreement has been executed between Share Trade Hub and the Client.
This Client Service Agreement (the "Agreement") is entered into by and between Share Trade Hub (hereinafter referred to as the "Company" or "Share Trade Hub") of the FIRST PART; and the Client (hereinafter referred to as the "CLIENT" which expression shall unless it be repugnant to the context or be deemed to mean and include, its administrators & permitted assigns) of the SECOND PART.
Whereas the CLIENT is desirous of availing the stock recommendation services in respect of the research analysis of the financial products from the Company on the terms & conditions as described hereinafter.
1. DEFINITIONS
"Services" means the research, analysis, and educational services provided by the Company to the Client under this Agreement.
"Research Report" means any written or electronic communication that includes analysis, opinion, or recommendation regarding securities or investment.
"Client" means any person availing the services of the Company.
"Platform" refers to the website, mobile applications, and other digital interfaces operated by the Company.
"Content" refers to all text, graphics, data, research reports, and information provided through the Platform.
2. ENGAGEMENT OF THE COMPANY
In accordance with the applicable laws, the Client hereby appoints, entirely at his / her / its risk, the Company to provide the required services. The Company is an independent educational platform providing research, analysis, and market education services.
3. CONSENT OF THE CLIENT
I / We have read and understood the terms and conditions applicable to an educational service provider. I / We are subscribing to the research services for our own benefits and consumption, and any reliance placed on the research report provided by the Company shall be as per our own judgement and assessment of the conclusions contained in the research report.
I / We understand that —
- Any investment made based on the recommendations in the research report are subject to market risk.
- Recommendations in the research report do not provide any assurance of returns.
- There is no recourse to claim any losses incurred on the investments made based on the recommendations in the research report.
4. DECLARATION FROM CLIENT
The Client shall make an annual declaration for confirmation of the KYC details of all the immediate family members including himself; client also needs to update the Company in case there is any kind of update in the said records.
5. DECLARATION FROM THE COMPANY
We declare that:
- We are an independent educational platform providing research analysis and market insights.
- We have the necessary qualifications and experience to render the services contemplated under this agreement.
- Company services provided by us do not conflict with or violate any provision of law, rules or regulation, contract, or other instrument to which we are a party.
- The recommendations provided by us do not provide any assurance of returns.
- We are not engaged in any additional professional or business activities, on a whole-time basis or in an executive capacity, which interfere with or influence the independence of research report and/or recommendations.
6. CODE OF CONDUCT
Honesty and Good Faith: The Company shall act honestly and in good faith.
Diligence: The Company shall act with due skill, care and diligence and shall ensure that the research report is prepared after thorough analysis.
Conflict of Interest: The Company shall effectively address conflict of interest which may affect the impartiality of its research analysis and research report and shall make appropriate disclosures to address the same.
Insider Trading or Front Running: The Company or its employees shall not engage in insider trading or front running of its own research report.
Confidentiality: The Company or its employees shall maintain confidentiality of report till the report is made public.
Professional Standard: The Company or its employees engaged in research analysis shall observe high professional standards while preparing research reports.
Compliance: The Company shall comply with all regulatory requirements applicable to the conduct of its business activities.
Responsibility of Senior Management: The senior management of the Company shall bear primary responsibility for ensuring the maintenance of appropriate standards of conduct and adherence to proper procedures.
7. FEES APPLICABLE TO THE CLIENT AND BILLING
Details of Fees to be charged are as per the Website Product & Fee Structure. Payment modes accepted: NEFT / RTGS / IMPS / UPI / Account Payee Cheque / Demand Draft. Cash deposits are not accepted for any service provided.
Advance fees may be charged for a maximum of one quarter. All payments must be made only in favour of Share Trade Hub to the official registered bank account. No third-party payments accepted.
8. SCOPE OF SERVICE
The Company studies companies and industries, analyses raw data, and makes forecasts or recommendations about whether to buy, hold or sell securities. Share Trade Hub analyses information to provide recommendations about investments in securities to the clients.
Company & his team may assist clients in understanding the research / trade & execution. But the Client will be solely and in totality responsible for all his trades done. He will be in full capacity responsible for his capital risk, quantity management & trade Profit/losses. Neither the Company nor his team can be held liable for any profits or losses or his capital risk directly or indirectly at any point of time.
Risk Disclosure On Derivatives — SEBI Study: 9 out of 10 individual traders in equity Futures and Options Segment incurred net losses. On an average, loss makers registered net trading loss close to ₹50,000. Over and above the net trading losses incurred, loss makers expended an additional 28% of the net trading losses as transaction costs. Those making net trading profits incurred between 15% to 50% of such profits as transaction costs.
9. DUTIES & FUNCTIONS OF THE COMPANY
Company shall provide Recommendations Services on FINANCIAL PRODUCTS to the Client during the term of this Agreement on investment in all financial/investment products. The services rendered by the Company are non-binding, non-recourse advisory in nature and the final decision on the type of instruments, the proportion of exposure and tenure of the investments shall be taken by the Client at its discretion.
NO POWER OF ATTORNEY: The Company shall not seek any power of attorney or authorizations from its clients for implementation of recommendations.
10. INVESTMENT OBJECTIVE AND GUIDELINES
Primary objective of the Company is to cater the information relevant to the overall financial market, in timely manner to their communities, so that they can take the informed decision.
11. RISK FACTORS
Investments in securities are subject to market risks and there is no assurance or guarantee that the objective of the investments will be achieved. Past performance of the investment advisor does not indicate its future performance. The performance of the investments/products may be affected by changes in Government policies, general levels of interest rates and risks associated with trading volumes, liquidity and settlement systems in equity and debt markets.
Under NO Conditions shall the Company or any member associated with the Firm be held personally or cumulatively responsible for any financial loss directly or indirectly incurred in the stock market. The client accepts the nature of business risk and capital risk involved in the stock market & cannot hold the Company or its employees responsible for any unprecedented loss of returns or capital involved in trading & investment activities.
12. VALIDITY OF RECOMMENDATION SERVICES
The validity of this agreement starts from the date of signing and will continue to be in force till any of the parties terminate it by giving 1 month's notice period or as per tenure mentioned & agreed upon.
13. TERMINATION
This Agreement may be terminated under the following circumstances: (a) Voluntary / mandatory termination by the Company; (b) Voluntary / mandatory termination by the Client; (c) Any other action taken by any regulatory body / Government authority.
In case of a voluntary termination of the agreement, both parties shall provide a 30 days prior written notice.
14. RELATIONSHIP WITH RELATED PARTIES / NO CONFLICT OF INTEREST
Company carries on its activities independently, at an arm's-length basis from all other activities. Company does not have any conflict of interest of the stock recommendation activities with its relationship with related parties; such conflict of interest shall be disclosed to the client as and when they arise.
15. LIABILITY OF COMPANY / MAINTENANCE OF ACCOUNTS
Company shall not incur any personal or cumulative liability by reason of any loss, which a client may suffer by reason of any depletion in the value of the assets under advice, which may result by reason of fluctuation in asset value, or by reason of non-performance or under-performance of the securities/funds or any other market conditions.
16. SETTLEMENT OF DISPUTES AND PROVISION FOR ARBITRATION
No suit, prosecution or another legal proceeding shall lie against the Company for any damage caused or likely to be caused by anything which is done in good faith or intended to be done under the provisions of this agreement.
All disputes, differences, claims, and questions whatsoever arising from this Agreement shall be in accordance with and subject to the provisions of The Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force. Such arbitration proceedings shall be held in India and the language of the arbitration will be English.
Grievance Redressal: Grievances shall be resolved within 7 business working days.
17. MOST IMPORTANT TERMS AND CONDITIONS (MITC)
- No Execution of Trades: The Company is strictly prohibited from executing or carrying out any trades on behalf of the client. The client agrees not to permit the Company to execute any trades on their behalf.
- Fee Structure: Cash payments strictly prohibited. Advance fees limited to one quarter. Fees payable via Cheque, NEFT/RTGS/IMPS/UPI only.
- Conflict of Interest: The Company agrees to make appropriate disclosures regarding any conflicts of interest.
- Prohibition of Guaranteed Returns: The Company is prohibited from offering any assured, guaranteed, or fixed return schemes. Such schemes are illegal under applicable laws.
- Market Risks: Any investment made based on recommendations is subject to market risks. The Company does not provide any assurance of returns. The client relies on their own judgment.
- Security of Credentials: The Company will never ask for the client's login credentials, OTPs, or access to trading, demat, or bank accounts.
18. INDEMNIFICATION
The Client agrees to indemnify and hold harmless the Company and its affiliates, officers, agents, and employees, from and against any and all losses, damages, liabilities, claims, demands, actions, or judgments arising out of or relating to the Client’s use of the Services, the Client’s breach of this Agreement, or the Client’s violation of any law or the rights of any third party.
19. INTELLECTUAL PROPERTY RIGHTS
All Content provided through the Platform, including but not limited to text, graphics, logos, research reports, and software, is the exclusive property of the Company and is protected by Indian and international copyright laws. The Client may not reproduce, distribute, modify, or create derivative works of any Content without prior written consent from the Company.
20. DISCLAIMER
Share Trade Hub accepts payments only after the successful completion of Client KYC and agreement formalities. All investment in Financial Products is subject to market risk. There is no guarantee of Returns & Profits; No Capital Safety Assurance or any Fixed Returns.
Our clients or any third party or anyone else have no rights to forward or share our calls or SMS or Research Reports or any information provided by us to/with anyone which is received directly or indirectly by them. If found so, legal action may be taken.