Terms and Conditions

The terms and conditions contained herein (“T&C“) contain the complete terms and conditions that apply to a User and govern the User’s access to and use of the Services (as defined below) . However, it is made clear that some of the Services may require the User to agree to additional terms and conditions. Unless otherwise provided, those additional terms shall be deemed to be incorporated into the T&C.

1.ACCEPTANCE OF TERMS

(a) By (i) using the Platform or availing the Services provided through the Platform in any way; or (ii) browsing the Platform, the User is deemed to have read, understood and accepted the T&C as well as the privacy policy which is available on the Platform.

(b)The User acknowledges that by accessing and using the Platform and availing any of the Services, it agrees to be bound by the T&Cs. The T&C establish a relationship between CSPL and the User, whereby the User shall act as investor or such other capacity, as the case may be.

(c)In the event the User is not agreeable to the T&C, it shall not access the Platform or avail the Services.

(d) The T&C contained herein expressly supersede all prior agreements or arrangements between CSPL and the User.

(e)The User understands that the access to the Platform and the offer of Services is conditional upon the User’s irrevocable consent and acceptance of all the terms, conditions and obligations contained in the T&C (as may be amended from time to time). For utilising the Services, the User agrees to enter into or execute any document, agreement or terms and conditions which is required by CSPL and agrees to be abide by such document or agreement or terms and condition while utilising  the services on the Platform.

(f) By accessing the Platform, the User hereby  agrees to receive communication regarding registration on the Platform or Platform Services (including but not limited to any promotional, transactional messages) through Email and/or SMS and/ or any other electronic medium, third party channels (including WhatsApp) from CSPL.

2. (a)By agreeing to the T&C and by availing the Services, the User represents that it is lawfully able to enter into contracts (if an individual) or has the legal authority to enter into contracts on behalf of the body corporate/company/partnership.

(b)The User acknowledges in relation to the Services that CSPL is merely providing a platform for facilitating the transactions in financial instruments and shall in no manner be liable or responsible for any such transactions or be construed as an agent of the User in relation to the Services.

(c)The User acknowledges and agrees that any use of the Platform and the availing of the Services is at the sole risk of the User.

(d)The User acknowledges and agrees that it is solely responsible for its data uploaded to or transmitted through the Platform, as well as, the consequences of uploading or transmitting its data onto or through the Platform.

(e)The User acknowledges, represents, and warrants that with respect to any data posted on or transmitted through the Platform:

(i)It has all necessary licenses, rights, consents, and permissions to upload, transmit, or publish such data and that it grants CSPL, express, irrevocable license and authorization to use such data for the Services; and

(ii)Any use by CSPL of the data uploaded, transmitted, or published by it on the Platform will not constitute infringement of any third party’s rights, over such data posted or transmitted through the Platform.

(f)The User agrees and acknowledges that it is solely responsible to CSPL for any breach of its obligations under the T&C and for the consequences of any such breach (including any loss or damage which CSPL may suffer).

2.USER REGISTRATION, RESPONSIBILITIES, AND OBLIGATIONS

(a) The user would be able to use the platform by signing-up by providing Mobile Number and OTP

(b) The user would be able to able to transact in financial securities shown on the platform by finishing its KYC (Know your Customer Norms)

(c) The user would be able to login anytime by providing its Mobile Number and verifying it by OTP

(d) Payment for the said financial securities would be processed via a registered Payment Gateway, and The user would be able to pay via Multiple Payment Methods

3.USE OF PLATFORM AND SERVICES

(a)In order to access the Platform and to obtain the benefit of the Services, the User will have to register and create an account by providing accurate and complete information.. The User agrees and acknowledges that the User shall be responsible to provide complete and accurate information to CSPL for the purpose of know-your customer (KYC) verification. .

(b) The User agrees that its usage of the Platform and viewing various financial instruments offered by/through the Platform, shall not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice (whether investment or legal) or approval of CSPL in favour of or against its own or such third parties or their products. The User agrees that CSPL is in no way responsible for the accuracy, timelines or completeness of the information and product specifications it may obtain from the Platform or the other third parties registered on the Platform. 

(c) The User agrees, undertakes and declares that it has made its own assessment of the Platform and has determined that it is fit for its purposes. The User will be using the Platform at its own risk, irrespective of the capacity in which it uses the Platform and it is expressly clarified that CSPL shall owe no fiduciary or other duty or obligation to the User other than as expressly agreed in writing by CSPL.

(d) The User agrees and acknowledges that any transactions entered into through the Platform shall be at the sole discretion of the User and that CSPL shall not be liable for any delay, rejection or approval of any application/proposal made through the Platform, or any failure on part of the User to settle/conclude any transactions with any counterparty.

(e). The User hereby agrees and acknowledges that CSPL does not warrant the genuineness of information displayed on the Platform on ‘as is’ basis and shall not be liable for any error, deviation or omission in such information. .

(f) Without prejudice to the above, the User hereby agrees, acknowledges and accepts that CSPL may, for the purpose of rendering the Services, seek to obtain such necessary and requisite information and data as required by it from various authoritative sources including but not limited to statutory and regulatory filings, credit bureau records and such other sources as determined by it at its sole discretion, as required by it to effectively render the Services and the User hereby accepts and provides consent for the same.

(g). The Client agrees and understands that nothing in these T&C shall be construed in a manner as to require CSPL to obtain any specific or additional consent from the User with respect to featuring the User’s user account on its Platform . It is understood that the information shared by the User with CSPL as reflected on the Platform shall be in accordance with applicable laws in force.   

(h)CSPL reserves the right to reject the request for creation of the account, at its sole discretion, if the data or information submitted appears to be incomplete, incorrect or fraudulent.

(i) On the creation of the account, CSPL grants to the User a non-exclusive, limited privilege to access and use the Platform and the Services offered on the Platform, subject to compliance with the T&C. The account created by the User for use of the Platform shall be is non-transferable and its use is restricted to the User creating the account.

(j)The User is solely responsible for its account and any activity on it, and must keep the log-in credentials (log-in ID and password) in respect of its account secure at all times. The User shall not sell, transfer or sub-license the log-in credentials in relation to its account on the Platform to any other person. The User shall ensure that only its duly authorised personnel shall access and operate its account. The User undertakes that the User shall promptly on becoming aware of any unauthorized use of its account, notify CSPL at support@aspero.in of such unauthorised use or access . It is expressly understood that CSPL shall not be liable to ensure or verify that the usage of the User’s account is by its authorised persons and that the onus of ensuring that only User or its authorised personnel access (if applicable) and operate the said account shall, at all times, lies with the User. The User agree and acknowledge that  failure to notify CSPL regarding any such unauthorized use of its account on the Platform may attract  liability on the User for any losses/damages caused by any unauthorized use of the account.

(k)The availing of the Services and the use of Platform is only for purposes permitted by: (i) the T&C; and (ii) any applicable law, regulation or generally accepted practices or guidelines and the same shall not be for any other illegal or other purpose which is expressly or impliedly barred by any applicable law, statute, ordinance or regulation in force from time to time.

4.GENERAL UNDERTAKINGS OF THE USER

(a)The User agrees to access any information and material provided on the Platform and User avail the Service through the authorised access provided by CSPL.

(b)The User shall not use or attempt to use any unauthorised means, including but not limited to, use of any deep link, program, automatic device, algorithm or methodology, or any similar processes, or hacking to access, utilise, copy or monitor any part/feature of the Platform or its content, or avail any Services or in any way reproduce or circumvent the source code, structure or layout of the Platform, or obtain or attempt to obtain any information not openly available on the Platform.

(c)The User undertakes not to attempt to gain any unauthorized access to the Platform, the server on which the Platform is hosted or any other database, server or computer connected to the Platform.

(d)The User shall not misuse the Services or corrupt or try to corrupt the Platform by introducing any bugs, viruses, worms, malwares, spyware or any similar program which is malicious or harmful.

(e)The User undertakes to ensure that any material/information/data uploaded by it on the Platform is strictly of nature and context as required by the Platform for the relevant Service, and is not in violation of any applicable law.

(f)The User further undertakes not to:

(i) impersonate any person or entity, or misrepresent its affiliation with a person or entity;

(ii) publish, post, upload or distribute files that contain bugs, viruses, worms, malwares, spyware or any similar program, or corrupted files that may disrupt the operation of the Platform;

(iii) engage in any activity that disrupts access to the Platform or the Services;

(iv) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, accounts, passwords, servers or networks connected to or accessible through the Platform;

(v) cause any interference or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

(vi) upload or distribute files that contain such material which is infringing the copyrights, trademarks, confidentiality, privacy or any other proprietary information protected by law, unless the User has the rights or the necessary consents thereto;

(vii) use the Platform or Services for any purpose that is fraudulent, unlawful or prohibited by the T&C and by applicable law, or to solicit the performance of any illegal activity or other activity which infringes the rights of CSPL;

(viii) upload or distribute any material or information that is, or contains tags or keywords which are, illegal, inappropriate, profane, obscene, offensive, abusive, harassing, misleading, indecent, defamatory, disparaging, or menacing, or is otherwise injurious to CSPL or objectionable in any manner whatsoever;

(x) violate the T&C or any applicable laws or regulations for the time being in force;

(xi) decompose, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

5.CONFIDENTIALITY

(a)The User acknowledges and agrees that all information, data or details in any form with respect to the Platform, its designs, structure and arrangement, visual interfaces, specifications, documentation, components, source code, object code, images, icons, audio-visual components and objects, schematics, drawings, protocols, processes, and other visual depictions, in whole or in part in addition to all documents, data, papers, statements, any business/customer information, trade secrets and process of CSPL relating to its business practices or in connection with the provision of services by CSPL, trade and business of CSPL, or otherwise, any information including names, assets, details, documents, transaction records, potential transactions, negotiations, data, applications, software, systems, papers, statements, business information, marketing and financial information, databases, manuals, records and reports, articles, systems, material, sources of material, and any other data pertaining to CSPL, available to it through Platform (“Confidential Information”) is of a sensitive and confidential nature.

(b)The User undertakes to keep all Confidential Information confidential and shall ensure that none any of its employees, agents, representatives do anything to breach the confidentiality. The User undertakes to use all Confidential Information with such care and discretion, but not less than reasonable care, to avoid disclosure, publication or dissemination of Confidential Information as it uses with its own similar information that it does not wish to disclose, publish or disseminate.

(c)The User may disclose Confidential Information only to:

(i) its employees, representatives, agents or contractors on a ‘need to know’ basis and only for the purposes of performance of its obligations under the transaction/Services;

(ii) the extent required by any regulatory authority or governmental authority under applicable law; and

(iii) any other party with the User’s prior written consent.

(d)The User agrees:

(i) to take all necessary action to protect the Confidential Information against misuse, sale, loss, destruction, deletion and/or alteration;

(ii) use the Confidential Information only in connection with the Services/transaction for which the Confidential Information is obtained; and

(iii) not to misuse or permit misuse directly or indirectly, commercially exploit the Confidential Information of CSPL available to it through the Platform for economic or other benefit or in a manner prejudicial to CSPL.

6.DATA PROTECTION

‍(a)The storage, usage and transmission of all information obtained by it through the Platform, shall at all times be in accordance with the Information Technology Act, 2000 read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and all other applicable law.

(b) In the event CSPL obtains any Personal Data or Confidential Information pursuant to any transaction/Services, it shall only undertake the processing of Personal Data/Confidential Information reasonably required in connection with the performance of its obligations under the transaction/Services. In the event any such Personal Data and/or Confidential Information is required to be used by CSPL for any purpose not expressly set out herein post termination/consummation of the transactions/Services contemplated hereunder, the same shall take place pursuant to obtaining prior consent from the User in this regard.

(c) CSPL shall at all times have appropriate technical and organisational measures in place to:

(i) prevent unauthorised or unlawful processing of any Personal Data/Confidential Information;

(ii) protect any Personal Data/Confidential Information against accidental loss, destruction or damage;

(iii) ensure the reliability of its employees/contractor having access to the Personal Data/Confidential Information;

(d) CSPL shall comply with all applicable law, including without limitation the Data Protection Laws to safeguard the Personal Data/Confidential Information. For the purposes of this clause, Personal Data shall mean the User’s personally identifiable information of the User and sensitive personal information (as envisaged under the Information Technology Act, 2008, and the rules made thereunder, each as amended from time to time).

7.LIMITATION OF LIABILITY

‍(a) CSPL, its, employees, agents, and associates, will not be liable with respect to any subject matter relating to the T&C under any contract or torts, or on account of negligence, strict liability or other legal or equitable rights for: (i) any special or consequential damages; (ii) for interruption of use; (iii) loss or corruption of data.

(b) CSPL shall not be liable or responsible for:

(i) any faulty operation of system during accessing of Platform or during the transmission/transfer of any data/information;

(ii) any damage that occurs due to any information provided by the User but not being received by CSPL or not being received promptly or appropriately, as a consequence of technical faults with the Platform (whether or not in CSPL’s control);

User(iv) any loss or damage caused due any bugs, viruses, worms, malwares, spyware or any similar program that may infect the User’s computer, software, data or any other property caused by accessing or using the Platform or availing any Services, or from any emails, communication or attachment received from CSPL/Platform;

(v) any failure to perform, or delay in performance of, any of obligations or Services by CSPL due events outside CSPL’s reasonable control;

(c) CSPL is not responsible for any indirect losses including, without limitation, loss of income, business, profits, data or any injury to reputation, howsoever arising.

(d)CSPL is not responsible for any liability for any loss, costs or damage arising out of or in connection with the use of the Platform or the inability to use it or for any delay or failure in the performance of the Services due to any Force Majeure Event or any other circumstances beyond the control of CSPL.

(e)The User acknowledges that CSPL aims to facilitate seamless data and transaction processing and that CSPL is not responsible for any failure of the Platform to store, transfer or delete data or for the corruption or loss of any data, information or content contained therein.

8.TRANSFER OF RIGHTS

‍(a)The T&C are binding on the User, its successors and permitted assigns. It may not transfer, assign, charge or otherwise dispose of any of its rights, benefits, liabilities or obligations, under the T&C without the prior written consent of the CSPL.

(b)However, CSPL may transfer, assign, sub-contract or otherwise dispose of any of its rights, benefits, liabilities or obligations under the T&C at any time or ay involve or appoint any third party to satisfy its obligations, without any necessity to notify the User.

9.SECURITY OF DATA

‍(a) All facilities used to store data and process the transaction will adhere to reasonable security standards, which will be at par with CSPL’s security standards for processing and storing its own information of a similar nature. CSPL has implemented industry standard systems and procedures to ensure the security and confidentiality of a transaction and related data, protect the User against anticipated threats or breaches to the security or integrity of a transaction and related data, and protect the User against unauthorized access to its data.

(b) The User further acknowledges and agrees that it has granted CSPL the permission as well as the non-exclusive right to store and transfer its data, as part of the Services.

(c) CSPL does not claim any ownership, intellectual property rights or other rights whatsoever outside the scope of what is necessary to provide the Services.

(d) CSPL reserves the right to perform statistical analysis of the activity on Platform in order to measure interests in the various sections of the Platform for the purpose of product and Service development. Any non-personal information such as internet domain, host names, IP addresses, clickstream patterns, and the dates and times on which Platform is accessed may be recorded for the purpose of analysis. The analytical data collected is for internal use only.

10.INTELLECTUAL PROPERTY

(a)The Platform and the arrangement and processes thereof, including, but not limited to, all text, graphics, user interfaces, visual interfaces, and the computer code , source code, object code and is owned by CSPL, and the design, structure, and arrangement of thereof is protected by copyright, patent and trademark laws, and all other applicable intellectual property laws and the User shall not use the aforesaid without the prior written consent of CSPL.

(b)The trademarks, logos and marks displayed on the Platform are the property of CSPL or the User of any other counterparty, as the case may be. The User shall not use any trademarks, logos and marks not belonging to it, without the prior consent of CSPL or such counterparty, as the case may be.

€In the event the User infringes or attempts to infringe the copyrights or other intellectual property rights of CSPL, CSPL may, in its sole discretion, deny the User access to and use of the Platform.

11. (a) CSPL does not control, and is not responsible for any information, data, documents etc. appearing on the Platform.

(b)CSPL does not endorse, guarantee, or assume any responsibility for any Services offered to the User, and CSPL will not be a party to, or in any way be responsible or liable for any transaction between the User and any counterparties on or through the Platform.

12.TAXES

‍(a)The User shall be responsible for identifying and paying all taxes, duties, cess and other fees and charges (and any penalties, interest, and other additions thereto) that are payable by the User with respect to the transactions through the Platform.

(b)CSPL will not be liable to pay, any taxes which are payable by the User to any governmental authority for any such transaction.

13.MODIFICATION OF T&C

‍(a)The User acknowledges and agrees that CSPL has the right to revise, modify, amend or discontinue any of the T&C from time to time including without limitation to reflect, inter alia, changes in market conditions, technology, requirements, laws etc. and CSPL shall not be obligated to obtain any approval/consent of the User on the revised T&C.

(b)The User is deemed to be aware of the latest T&C and the use of Platform and the availing of the Services is subject to the most current version of the T&C available on the Platform at the time of such use. The use of Platform and Services subsequent to any modification in the T&C will constitute the User’s acceptance of the modification.

14.TEMPORARY SUSPENSION AND TERMINATION

‍(a)CSPL does not guarantee uninterrupted access to the Platform. The access to Platform or the Services may be disrupted:

(i)on the occurrence of Force Majeure Event;

(ii)for the purposes of repair, maintenance, upgrading or for other similar activities CSPL undertakes to take all reasonable measures to minimize any such periods during which the Platform and the Services are unavailable and shall put best effort in resuming the Services and the Platform.

(b)CSPL shall not be responsible or liable for any losses or damages suffered due to any of the events specified in sub-Clause (a) above due to the suspension of Services or due to the inability to cure such ev€s.

(c)In the event of a system failure due to any unforeseeable circumstances or disruption, the access to Platform and Services may be temporarily suspended and no information may be accepted during such suspension.

(d)CSPL has the right to temporarily or permanently disable the User’s account when, in CSPL’s opinion, without any cause or notice. On such breach, CSPL may also block access to the User’s account and/or procure that any outstanding transactions are cancelled/suspended imme€tely.

(e)CSPL reserves the right to restrict or suspend access to the Platform or terminate the Platform completely, at its sole discretion.

(f)All provisions of the T&C, which by their nature should survive termination, shall survive termination, including, without limitation, ownership, warranty, limitations of liability, confidentiality, disclaimers, indemnity.

15.DISCLAIMER OF WARRANTIES

‍(a)The Platform is provided on “as is” and “as available” basis. CSPL hereby disclaims all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, availability, accuracy, completeness, security or reliability of the Services and/or any data uploaded, used or transmitted on or through the Platform. The User uses the data and/or the Services through the Platform at its own discretion and risk and CSPL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such data and the User assumes all liability for its use.

(b)The information contained or displayed on the Platform is provided on “as is” and “as available” basis. The User shall be responsible to ensure accuracy of the information about itself on the Platform User and CSPL is not in any manner whatsoever liable for the accuracy of the information contained in the Platform. The User specifically acknowledges and agrees that the application and impact of laws in relation to the information provided on the Platform can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Platform. Accordingly the User acknowledges and accepts that the information in this Platform is provided with the understanding that CSPL is not herein engaged in rendering legal, accounting, tax, credit/investment or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal, credit/investment or other competent advisers and the User utilising the Platform is solely responsible for all investment decisions, made in relation to any information accessed through the Platform without any reference to, or recourse against the Platform and/or CSPL. CSPL does not endorse or promote any of the opportunities that appear on the Platform nor make any recommendations regarding same to any User.

(c) Unless agreed otherwise expressly agreed in writing, CSPL will not be involved  for any interactions between the User and any third party counterparty on the Platform or in connection with the Services. CSPL merely provides a common platform to facilitate such transactions. CSPL is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions.

(d) CSPL is not obligated to be involved in or facilitate the resolution of any dispute between the User and any third party counterparties on the Platform, the User hereby releases CSPL, its employees, agents, and associates from any claims, demands and damages, arising out of or in any way related to such disputes. Without prejudice to the above, the User hereby waives any legal or equitable rights or remedies that it may possess against CSPL in relation to such dispute.

(e) CSPL makes no warranty that (i) the Services will meet User’ requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet User’s expectations, and (v) any errors in the technology will be corrected. Any material downloaded or otherwise obtained through the use of the services is done at User’s own discretion and risk and the User is solely responsible for any damage to User’s computer system or loss of data that results from the download of any such material.

16. REPRESENTATION AND WARRANTIES OF THE USER:

(a) The User represents and warrants to the CSPL that the User has provided true and accurate details in the completion of the registration process and in the provision of login credentials, that the User shall take all steps to maintain the accuracy of such information, and that he has taken all steps to secure access to such information from unauthorized access by third parties.

(b) The Investor represents and warrants to the CSPL that the User has and shall comply with the applicable provisions and clauses specified by SEBI /Regulators with respect to mutual funds, as amended and re-enacted from time to time or any other applicable regulations and/or guidelines or directives or statutes.

(c) The User agrees to comply with relevant Know Your User norms or other information disclosure norms as laid down by SEBI or any other governmental body and as amended from time to time. The User agrees that CSPL has the right to reject the registration or withhold transaction in case of non-compliance of KYC norms. The User agrees and undertakes to cooperate in providing true and accurate information/details for the purpose any verification process that may be required by CSPL from time to time.

(d) The User agrees and acknowledges that any transaction in financial securities shall be subject to fluctuations and risks including market risks not within the control of CSPL and CSPL shall not be responsible for any losses incurred by the User which is attributable directly or indirectly to such market risks. CSPL does not guarantee any return on investment on in the financial securities and the past performance / past track records of any financial instruments offered on the Platform.

(e) The User agrees, understands and acknowledges that purchase/investment in any of the assets listed on the Platform is speculative in nature and involves a high degree of risk, including the risk of loss of capital, and is not guaranteed. The Platform is suitable only for those type of investors who fully understand and are capable of bearing the risks of purchasing such assets. No guarantee or representation is made by CSPL that the User will achieve its investment objectives or will receive a return on the capital invested.

(f) The User agrees and acknowledges that the User shall make their own assessment of the financial instruments offered on the Platform before making any investment or purchase. CSPL is not liable for any losses arising to the User, directly or indirectly, by virtue of User’s investment. CSPL does not in any manner guarantee the performance of the financial instruments including the payment of principal or coupon rates on the subscribed financial instruments.

(g) The User agrees and undertakes to ensure that any investment undertaken by the User on the Platform has been undertaken after exercising due care, caution and diligence and after understanding the nature and the underlying risk attached to such security by reading the relevant documents in relation to the investment in the financial instruments.

17. INDEMNIFICATION

‍(a) The User hereby agrees to indemnify and hold harmless CSPL (including its directors, employees, representatives and agents) from time to time, against any and all losses, liabilities, obligations, damages, judgments, costs, expenses (including, without limitation, advisors’ fees), claims, fines, penalties, proceedings, actions or demands, of any kind or nature incurred by CSPL/caused to CSPL on account of :

User’s use or misuse of the Platform or the Services, including but not limited to the violation of the T&C;

User’s breach of any term, covenants, representations, warranties or other conditions provided herein;

User’s failure to comply with applicable legislation, statutes, or regulations; and

fraudulent, improper, incorrect, wrongful or negligent act or omission by the User.

(b) The User expressly understand that under no circumstances, including, but not limited to, negligence, shall CSPL be liable to the User or any other person or entity for any direct, indirect, incidental, special, or consequential damages (including lost profits or revenue, deletion or corruption of electronically or digitally stored information or loss of goodwill or reputation, investment, production, interruption of business or any other loss of any character or nature whatsoever and whether sustained by the User or or any other person) resulting from circumstances, including but not limited to: the use or the inability to use the Platform; unauthorized access to or alteration of transmissions or data on the Platform; statements or conduct of any third party on the Platform; or any other matter relating to the Platform. This clause shall survive the termination of these T&C.

18.GOVERNING LAW AND JURISDICTION

‍The T&C are governed and construed in accordance with the laws of India and the User hereby submits themselves to the exclusive jurisdiction of courts and tribunals at Chennai, India. The User irrevocably waives any objection it may have now or in the future to the choice of courts and tribunal of Chennai, India as an inconvenient forum.

19. SEVERABILITY

‍Every provision contained in the T&C shall be severable and distinct from every other provision and if at any time any one or more of such provisions is or becomes invalid illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not be in any way affected or impaired thereby.

20. WAIVERS

(a)Neither the failure to exercise nor any delay in exercising any right, power, privilege or remedy under the T&C shall in any way impair or affect the exercise thereof or operate as a waiver thereof in whole or in part.

(b)No single or partial exercise of any right, power, or privilege under the T&C shall prevent any further or other exercise thereof or the exercise of any other right, power, privilege or remedy.

DEFINITIONS

‍Unless repugnant to the context, the terms used in the T&C have the following meaning:

“CSPL” means CredAvenue Securities Private Limited (including its successors and assigns) having its registered office at 12th Floor, Prestige Polygon, No. 471, Anna Salai, Nandanam, Chennai, Tamil Nadu – 600035.

‍”User” means

(a)In case of an individual, any person who has an account on the Platform; or

(b)In case of persons other than individuals,

(i) An entity who holds an account on the Platform, and who may access the Platform through its representatives or authorised officials; or

(ii) An entity on whose behalf any authorised representative or person may hold an account on and access the Platform.

‍

‍”Force Majeure Event” includes any act, event, non-happening, omission or accident beyond the reasonable control of CSPL and includes, without limitation, the following events:

(a)strikes, lock-outs or other industrial action;

(b)riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d)impossibility of the use of public or private telecommunications networks or internet services; and

(e)the acts, decrees, legislation, regulations or restrictions of any government, as may be applicable.

“Platform” means the website www.aspero.in and/or the mobile application by the name of ‘Aspero’ offered and operated by CSPL for offering Services to the User.

‍”Personal Data” shall have the same meaning as ascribed to the term “Sensitive Personal Data or Information” under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (as amended from time to time).

‍”Services” means the transaction facilitation services or transaction services offered by CSPL through the Platform for investing in financial instruments. User

Standard Warning

‘’Investment in debt securities are subject to risks. Read all the offer related documents carefully’’.