Terms of Use

Introduction

These Terms of Use mandate the terms for access to and use of the sites, viz., the website www.marketwolf.com and the mobile application ‘MarketWolf’ and any other site or application as may be offered from time to time (collectively, the "Sites") which are operated and managed by MarketWolf Securities Private Limited (formerly known as FNO India Securities Private Limited) (CIN U65929MH2018PTC314752) and our affiliates (collectively referred to as ‘Company’ or ‘Us’ or ‘We’ or ‘Our’).

You can access information, content, products, services, applications and tools for online retail share trading, brokerage and depository participant services and other products or services that we may introduce from time to time (collectively, the “Services”). Online share trading, brokerage and depository participant services are offered by MarketWolf Securities Private Limited, registered as Stock Broker with Securities & Exchange Board of India (Registration No. INZ000228534) and is a Trading Member of NSE for Cash/F&O/Currency Derivatives/Commodity Derivatives segment (Member Code: 90166) and MCX (Member Code: 56840) and as a Depositary Participant using CDSL as the Depositary (IN-DP-624-2021). FISPL Corporate Office is at 10th Floor, Aston Building, Lokhandwala Complex, Andheri West Mumbai 400053.

INVESTMENTS IN SECURITIES MARKET ARE SUBJECT TO MARKET RISKS, READ ALL THE RELATED DOCUMENTS CAREFULLY BEFORE INVESTING. THE CONTENTS HEREIN ABOVE SHALL NOT BE CONSIDERED AS AN INVITATION OR PERSUASION TO TRADE OR INVEST. FISPL AND AFFILIATES ACCEPT NO LIABILITIES FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF ANY ACTIONS TAKEN IN RELIANCE THEREON. PLEASE NOTE BROKERAGE WOULD NOT EXCEED THE SEBI PRESCRIBED LIMIT.

Terms of use

The usage of our Sites is governed by the latest version of the Terms of Use as in effect on the date the Sites are accessed by you. We retain the unconditional right to modify, amend these Terms of use without any requirement to notify you of the same. You should review the most current version of these Terms by visiting and clicking on the Terms of Use hyperlink located at the bottom of the page.

Please carefully read these Terms of Use before accessing any information, content, products, services, applications, tools and features on the Sites. These Terms of Use are in addition to any other agreements between you and Us, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the Sites. Merely upon access of the Sites and in absence of any specific customer or account agreements, no client-broker relationship is established between you and Us.

Additional Policies. In addition to Terms of Use, we reserve the right to introduce other policies and procedures that can apply to use of our Sites and Services. Such additional policies include:

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, license to access the Sites only for your personal, non-commercial use and solely as necessary in order to avail Services. This license does not include any resale or commercial use of the Sites or its contents; any collection and use of the contents, products, services, applications, tools and features; any derivative use thereof; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Any content on the Sites (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent. By continuing to browse through or using or accessing the Sites, you accept and agree to be bound by these Terms of Use.

Your MarketWolf account

Getting Started. To avail securities trading, brokerage and depository participant services through our Sites, you will be required to register and open a trading account and a depository participant account (collectively, the “MarketWolf Account”) with MarketWolf Securities Private Limited by completing client-broker registration process by executing prescribed application form, undertakings, declarations, agreements etc. and necessary KYC requirements. Activation of MarketWolf Account shall be subject to completion of In-Person-Verification (IPV) and client due diligence.

Who can open MarketWolf Account. You must be of legal age to form a binding contract, must be eligible to open, maintain and operate securities trading, brokerage and depository participant account accordance with applicable laws in India or other jurisdictions relevant to you; and otherwise you have not been barred from accessing securities market in India for any reasons whatsoever. We reserve the right to refuse access to our Services to any User who has been suspended, disqualified, debarred and/or removed by Us or by any regulatory and/or statutory authority.

Sensitive Personal Data or Information. In order to open MarketWolf Account, you will have to provide your details as mandated under applicable laws which for illustration shall include but not be limited to your name, mobile number, email address, date of birth, gender, Permanent Account Number (PAN), signature, marital status, photograph and video recording, etc. Your MarketWolf Account shall be activated only upon fulfillment of your KYC verification in accordance with applicable AML-KYC requirements under relevant guidelines/circulars/communications issued by SEBI, NSE, CDSL and other relevant authorities. Please refer to our Privacy Policy which explains what personal information we collect and how it is used and shared.

Providing Accurate Information. All information you provide to us must be complete, accurate, up-to-date and truthful and not misleading. You must promptly update this information whenever it changes. We are not responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.

Transacting on your own account. All activities under a MarketWolf Account shall be deemed as activities carried out by the registered user. You shall only use the MarketWolf Account to transact on your own account and not on behalf of any other person or entity. You agree to purchase securities at your own risk. We disclaim any liability arising from the purchase of the securities by you or for any obligations of other users to You, any acts or omissions of a third party or user of the Sites with whom you choose to deal with. It will be your sole responsibility to take proper precaution/ professional advice before agreeing to trade in securities.

Securities Transactions. All transactions in your MarketWolf Account shall be subject to the constitution, rules, regulations, customs and usage of the exchange or market, and its clearing house, if any, where the transaction orders are routed through our Sites. Also, where applicable, the transactions shall be subject to the provisions of the Securities and Contracts Regulations Act (SCRA), as amended, and to the rules and regulations of SEBI, NSDL, and the exchanges.

One account per User or Entity. You may only open one MarketWolf Account unless we have agreed in writing the opening of additional accounts. We may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, we may close or merge these duplicate accounts at its sole discretion.

Contacting You. You hereby authorize us to send trade confirmations, research calls, investment ideas etc. including all commercial communication even though You are registered with National Do Not Call Registry established under the Telecom Unsolicited Commercial Communications Regulations, 2007 or are registered or may register under the National Customer Preference Register established under new regulation viz the Telecom Commercial Communications Customer Preference Regulations, 2010.

Deactivation and/or Termination. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your MarketWolf Account and refuse any and all current or future use of the Services (or any portion thereof) at its discretion, in addition to any right that we have against you at law or in equity, for any misrepresentation of information provided by you.

Keeping your account safe

Safeguard your MarketWolf Account. You must take all steps to safeguard your MarketWolf Account and ensure that no one else can have access to your MarketWolf Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your MarketWolf Account or password. You're solely responsible for any activity on your MarketWolf Account. We're not liable for any acts or omissions by you in connection with your MarketWolf Account.

What to Do. You must keep your MarketWolf Account secure. You must change your password regularly and ensure that it is not reused across other online accounts. You may reset your MarketWolf Account password using your email address. You must follow recommended password management practices. You must set up 2-Step authentication or multi-factor authentication, if prompted.

What Not to Do. You must not let anyone access your MarketWolf Account or watch you accessing it. You must not use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.

Contact Us if you suspect your MarketWolf Account has been compromised. If you suspect your MarketWolf Account or other security credentials are stolen, lost, used without your authorisation or otherwise compromised, you must contact support@marketwolf.com immediately, you are also advised to change your password. Any undue delays in notifying us may affect the security of your MarketWolf Account and also result in financial losses to you. Once you notify us of any unauthorised usage, we will take necessary steps to prevent any further misuse.

Access to our sites and service

We will try to make sure our Sites & Services are available to you when you need them. However, We do not make any representation or warranty that our Sites and Services will always be available, uninterrupted or error-free. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. You are aware and acknowledge that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc., which are susceptible to interruptions and dislocations; and the Sites may at any time be unavailable without further notice. You agree that you shall not have any claim against us on account of any suspension, interruption, non-availability or malfunctioning of our systems for any reason whatsoever or if our Services are unavailable at any time or for any period.

Content on our Sites for general information purposes is subject to change without further notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Sites for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Sites.

Third party services

Our Sites and Services may contain links to third party sites, advertising, promotion campaigns, services, content, applications etc. to make available to you their content, products, features etc. (“Third Party Services”). We are not responsible for and do not endorse or accept any responsibility for the availability, contents, services or use of any third party site, any platform accessed from a third party site or any changes or updates to such sites. Any linked sites are only for your convenience and therefore you access them at your own risk. We assume no responsibility for their content or any loss or damage that may arise from your use of them. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement.

Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).

Your responsibility

You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, our servers, computers or databases. You must not attack our Sites with any type of denial of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites & Services will cease immediately.

Our Sites and Services are generally intended to be viewed by a conventional web browser with a screen resolution of 800X600 pixels or greater or mobile application. Although you may use other means to access our Sites, be aware that the Sites may not appear accurately through other access methods, and you use them only at your own risk. You should not access the Sites through devices or services that are designed to provide high-speed, automated, repeated access. Because our servers have limited capacity and are used by many people, do not use Sites in any manner that could damage or overburden our servers, or any network connected to any our servers. Do not use Sites in any manner that would interfere with any other party's use of the Sites.

You are responsible for configuring your information technology, security programs in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses. In case you discover any security bug or vulnerability on our platform, please report it to support@marketwolf.com to help us strengthen our cyber security.

Intellectual property rights

"MarketWolf Materials" include any software (including without limitation, the MarketWolf App, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Sites. You shall not, and shall not attempt to, directly or indirectly:

‘www.marketwolf.com’ and ‘MarketWolf’ and any other logos on the Sites belong to us and our affiliates. You shall not copy, imitate, modify or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of us or our affiliates. You may not copy, imitate, modify or use them without our prior written consent. All right, title and interest in and to the MarketWolf Materials, the Sites, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of us and our licensors.

Disclaimer

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SITES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

WE DO NOT WARRANT THAT THE SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ALSO PROVIDE NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH WE DO NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

Indemnity

AS A CONDITION OF YOUR USE OF THE SITES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD US, OUR AFFILIATES AND THIRD PARTY CONTENT PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SITES, OR FROM YOUR VIOLATION OF THESE TERMS.

Suspension and Termination

In the event you have caused a material breach of these Terms of Use; or if we are unable to verify or authenticate any information provided by you; or we believe that your actions may cause legal liability to us, or we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity; or your actions have caused a security breach; or if you have granted permission to a third party to access your account, then without limiting any remedy that we may pursue, we, at our sole discretion, can take such actions whether preventive or otherwise as we deem fit, including but not limited to – (i) limiting your activity, restricting functionality, terminating or suspending your access to your account; (ii) initiating an investigation into conduct that has caused such breach; (iii) issuing a notice to you for rectifying such breach.

We will give you notice of any suspension or restriction and the reasons therefor as soon as practicable, either before the suspension or restriction is put in place or after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

Complaints

If you have any grievance, objection or complaint about our Sites or any incident concerning the Terms of Use, you may contact us following by sending an email to support@marketwolf.com by providing us necessary information and/or documents concerning such matter. We will undertake reasonable efforts to investigate and resolve your complaint.

Force majeure

We shall not be responsible for delay or default in the performance of our obligations due to contingencies beyond our control, such as (including but not limited to) losses caused directly or indirectly by exchange or market rulings, suspension of trading, fire, flood, civil commotion, earthquake, war, strikes, failure of the systems, failure of the internet links or government/regulatory action.

Governing law

These Terms of Use shall be governed and construed in accordance with the laws of India and the courts at Mumbai shall have exclusive jurisdiction over all matters, disputes arising out of and relating to these Terms of Use.