Please read these Terms of Use/Terms and Conditions carefully before using www.toruswealth.in (the “website” or the “Site”), owned by the Torus Wealth Pvt. Ltd. (the “TWL” or “Company”). This agreement sets forth the legally binding terms and conditions for visitors, users or customers (collectively called “you” or “Users”) of the Site. In terms of the Indian Information Technology Act, 2000 (as amended from time to time), this document is an electronic record. By using the service/services in any manner, including, but not limited to, visiting or browsing the site or contributing content, information, or other materials or services to the Site, you have confirmed that you have read, understood and bound yourself by these Terms of Use. The acceptance of Terms of Use will be between you and TWL which is facilitating provision of the services, other than those which are otherwise specifically provided by each of the TWL Group Entities (as defined under our Privacy Policy) on their respective web pages / sites to you. All of the TWL Group Entities have their own separate legal identities and webpages (details about which are embedded in their respective web pages/sites) but in this website they may sometimes use “Group”, “we” or “us” when we refer to TWL Group Entities in general or where no useful purpose is served by identifying any particular TWL affiliate. These Terms of Use shall apply to the access and use of the website and all associated web pages/ sites which are linked with www.toruswealth.inYou will be subject to the rules, guidelines, policies, terms, and conditions applicable to any facilities that are provided by this Site and all associated web pages/ sites and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use. It is clarified that all references to one particular gender, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities. All capitalized terms shall have the meaning given to them under the Privacy Policy, unless specifically stated here in these Terms of Use.
Summary of services and or products
Torus Wealth Pvt. Ltd. is a group company of Cosmea Financial Holdings Private Limited and is one of the India’s leading financial services sector company engaged in the distribution business and in the business related to capital market/ financial markets and includes broking and distribution, loans through Non Banking Financial Companies, Asset Management Companies, Trustee Companies, life and general insurance, health, education, wealth, wellness products amongst others.
User Content submissions
Through the Site, email, websites, and other media, the Company makes accessible various content, including, but not limited to, videos, photographs, images, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content.
Acceptance of Terms
- You accept the Terms of Use of TWL by:
- by surfing and viewing the Content of the Site;
- creating an account on the Site;
- signing up on the Site; and /or
- making use of the feature of the Site or the Services available therein,
- You further agree and acknowledge that:
- You are eligible to contract with us;
- You have read the Terms of Use; and
You agree to be bound by the Terms of Use.
- The service and or products are offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy (that can be found on the Site) mentioned in this document and all other operating rules, policies, and procedures that may be published on the Site, which are incorporated by reference and may be updated by TWL without notice to you. In addition, some services and or products offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
- TWL may, in its sole discretion, refuse to offer the Site's services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site's services is revoked in those jurisdictions.
- It is clarified that clicking “I Agree” to “Terms of Use” or “Terms & Conditions”, shall be considered as your electronic acceptance of this Agreement under Information Technology Act 2000. Your continued usage of the facilities from time to time would also constitute acceptance of the Terms of Use including any further changes or update or modification thereof and you would be bound by this agreement until this agreement is terminated as per provisions defined herein.
- You also acknowledge and agree that, unless specifically provided otherwise, these Terms of Use only apply to this website and facilities provided on this website. All of the TWL Group Entities may have their own individual web pages/sites which are owned by the respective TWL Group Entities and the facilities offered by the respective TWL Group Entities will be governed in accordance with the terms and conditions posted of those web pages/websites which you would be bound while availing the facilities/services of the said respective TWL Group Entities through their respective web pages / sites or otherwise in any other mode as the case may be. TWL may reserve the right to modify the TWL Group Entities from time to time. Users are advised to review TWL Group Entities list regularly.
Modification of Terms of Use
- TWL reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Site and its services and products (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason which may not be limited to comply with changes in law, correct inaccuracies, omissions, errors, scope and nature of the products and services, company reorganization or restructuring, market practice or customer requirements. TWL may also impose limits on certain features, products and services or restrict your access to parts or all of the Site without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes and you confirm to be bound by the same.
- If you do not agree or accept with any of these Terms of Use, you may not use this website
- The entire "market data" is sourced from "An external data content agency" and we are not to be responsible for its "integrity / availability" of the same.
Registration
- You may view Content on the Site without registering, but as a condition of using certain aspects of the Site, you may be required to: (i) create an account on the Site; (ii) signing up on the Site; and /or (ii) making use of the feature of the Site or the Services available therein. You may Register with the Company and its Site and create a User profile using a "User ID" and password. The Site may allow you to use your social media profile such as Facebook, Linked In, etc. as your login preference; however, the Site does not post or publish anything on your social media profile without your permission. Additionally, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name, any name or term that:
- is the name of another person, with the intent to impersonate that person; or
- is subject to any rights of another person, without appropriate authorization; or
- is offensive, vulgar, or obscene; or
is in violation of any applicable law or contractual obligation.
- Your User ID can be used for managing and transacting all transactions relating to any product or services of TWL Group Entities. One User ID enables you to have a single login ID for viewing and transacting all your product and service needs across TWL Group Entities. One User ID can be created by you on the website of any TWL Group Entities by using your login credentials as registered with the respective TWL Group Entities while availing the products / services and completing the authentication procedure in the manner specified at the time of creation of One User ID.
- You may choose not to create One User ID in which case you will not be able to display all your products across TWL Group Entities on one page.
- TWL reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User's expressed permission. You will immediately notify TWL in writing of any unauthorized use of your account, or other known account-related security breach.
- You may deactivate your account at any time you desire giving prior notice to TWL. You also understand and agree that though you may delete your account or some information from your account, the same may still appear in some online searches. TWL has no control over the search results that show up in such third party engines or websites.
- TWL and its group/affiliates are not liable for loss damages caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in transmission or operations, computer virus, communications line failure, and unauthorized access to the personal accounts. TWL is not responsible for any technical failure or malfunctioning of the software or delays of any kind. We are also not responsible for non-receipt of registration details or e-mails. Users shall bear all responsibility of keeping the password secure. TWL is not responsible for the loss or misuse of the password.
You may
- Use and display the materials only on your personal computer only for personal use. Torus Wealth Pvt. Ltd. grants you a limited, personal, non-exclusive and non- transferable license only for such use.
- Print copies of the information on this site for your personal use and store the files on your computer for personal use.
Rights of TWL
- TWL shall have the right to:
- make changes in its services or products, at its sole discretion, at any time, without notice or liability;
- decide who’s eligible to use the services and or products offered;
- cancel accounts or decline to offer our services and or products;
- change our eligibility criteria at any time; and
- reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
- WL will not have any ownership rights over your User submissions and Content. However, by accepting these Terms of Use, you provide your consent to TWL to collect, store, process, analyze, use and disclose all Information (as defined under the Privacy Policy) related to you, for the use and purpose or facilities indicated thereon at the time of collection and in accordance with the Privacy Policy. Other than those otherwise indicated and agreed by you, this Site do not collect or store or share your Information. For the purpose of providing the services and products, the website will use TWL Group Entities and their authorized business partners or third party agents and to that extent you understand and authorize the TWL to share/transmit such Information to TWL Group Entities and their business partners or third party agents. Such sharing of information will be solely for the purpose to fulfill / complete / authenticate your specific requests/transaction execution and for providing information about any TWL Group Entities’ product or facilities or services or for data analytics or to deliver to you any administrative notices, alerts or communications relevant to your purpose (and which may include sending promotional emails or SMS or calls or any other mode permitted under law) or to analyze the usage and improve the facilities/solutions offered or for any research or troubleshooting problems, detecting and protecting against errors or to improve features, tailor the facilities on the website to your interests, and to get in touch with you whenever necessary.
- TWL will not disclose your Personal Information with any unaffiliated third parties without your prior written consent which shall include electronic consent save and except where such information shall be disclosed in good faith and for the purpose of law for the time being in force or to protect the rights and property of www.toruswealth.in
Third-Party Sites
- In your use of the website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the website. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that TWL has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
- This website may be linked to other websites on the World Wide Web that are not under the control of or maintained by TWL. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, services and/or products that may be of interest to you, quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites are suitable for your purposes. TWL is not responsible for the owners or operators of these websites or for any goods or services they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).
Representations and warranties
- You hereby represent and warrant to TWL that:
- all information provided by them during the online or offline registration is true and accurate; and
- they are capable (in case of an individual, being above 18 years of age) and duly authorized (in case of a legal entity, by way of appropriate corporate approvals) to enter into the agreement or arrangement, on behalf of himself, any other person, company, or other entity.
General terms and conditions
- Rules and Conduct
- As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Terms of Use or law. The Site and its’ services are provided only for your own personal, non-commercial use (except as allowed by in this Terms of Use). You are responsible for all of your activity in connection with the Site and its services. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
- You know is false, misleading, or inaccurate;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
- Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- Copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in the web site except as set out under “You may”. These restrictions apply in relation to all or part of the material on the website;
- Copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. No reproduction of any part of the website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other website;
- Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the website; link to this web site; without our express written consent;
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of TWL or any third party; or
- Impersonates any person or entity, including any employee or representative of the TWL.
- Additionally, you shall not:
- take any action that imposes or may impose (as determined by TWL in its sole discretion) an unreasonable or disproportionately large load on the TWL’s or its third-party providers’ infrastructure;
- interfere or attempt to interfere with the proper working of the service or any activities conducted on the service;
- bypass any measures the TWL may use to prevent or restrict access to the services (or other accounts, computer systems, or networks connected to the service);
- run Maillist, Listserv, or any form of auto-responder or “spam” in relation to the services or the products of TWL Group Entities; or
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
11. not make any negative, denigrating or defamatory statement(s) or comment(s) about TWL or the brand name or domain name used by TWL, or otherwise engage in any conduct or action that might tarnish the image or reputation, of TWL on any platform or otherwise tarnish or dilute any of TWL’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or TWL’s systems or networks, or any systems or networks connected to TWL.
- You shall not directly or indirectly:
- decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the service and or website, except to the limited extent applicable laws specifically prohibit such restriction;
- modify, translate, or otherwise create derivative works of any part of the services or products or contents; or
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations. TWL has no obligation to monitor the Content. TWL reserves the right to, at any time, for any reason, and without notice:
- cancel, reject, interrupt, remove, or suspend a project;
- remove, edit, or modify any Content, including, but not limited to, any User submission; and
- remove or block any User or User submission. TWL reserves the right not to comment on the reasons for any of these actions.
Warranty Disclaimer
- TWL tries to ensure that all Contents provided as part of this website is correct at the time of inclusion on the web site, however TWL does not guarantee the accuracy of the Contents including information and recommendations, whether in relation to the products, services, offerings or otherwise. TWL makes no representations or warranties as to the completeness or accuracy of Contents or Information.
- TWL makes no commitment to update or correct any Content and or Information that appears on the internet or on this website. Information or Content is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. No Content at this website shall constitute an invitation to invest in TWL Group Entities. Any use of this website or the Content/Information is at your own risk. Neither TWL and or other TWL Group Entities, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website or the Information, or any website linked to this website.
- Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and TWL makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
- TWL Group Entities shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained at this site.
- This website is provided to you on an "as is" and "where-is" basis, without any warranty. TWL, for itself and any third party providing materials, services, or content to this website, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third party rights, with respect to the website, the information or any products or services to which the information refers. TWL will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if TWL has previously been advised of the possibility of such damages.
- TWL controls and operates this Site from India and makes no representation that the materials are appropriate or will be available for use in other locations. If you use this web site from outside the India, you are entirely responsible for compliance with all applicable local laws. TWL does not make any warranty or representation that a User in one region may obtain the services from the TWL’s Site in another region and TWL may cancel a User's order or redirect a User to the site for that User's region if a User attempts to order services or products offered on a Site in another region.
- Information that TWL publishes on the World Wide Web may contain references or cross references to TWL Group Entities’ products, programs and services that are not announced or available in your country. Such references do not imply that TWL intends to announce such products, programs or services in your country. Consult your local TWL Group Entities’ business contact for information regarding the products, programs and services that may be available to you.
- Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. TWL will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the services or products. The Company will not be liable for the privacy of Information including email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the services or products.
- The Content, services or products on the Site are not intended to provide any legal, tax or financial or securities related advice. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your advisor or other financial advisers who are fully aware of your individual circumstances.
- You authorise us to use/disseminate the information to provide the financial solutions and various options which are generally available basis your investment profile or those which are generally held by persons of similar investment profile, however it is not necessarily for you to act on it.
Intellectual Property Rights
- This website contains material, including text, /images, graphics, video and sound, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by TWL or have been licensed to TWL by the owner(s) of those rights so that it can use this material as part of this website. TWL retains copyright on all Contents, including text, graphics and sound and all trademarks displayed on this website are owned by TWL and used under licence by TWL Group Entities.
Content and License
- You agree that the Site contains Content provided by TWL and its business partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. TWL grants to each User of the Site a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from TWL, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
Termination
- TWL may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any amount paid to TWL are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
- The Users shall also not hold TWL or any of its directors, employees, agents, partners, vendors, suppliers, or content providers responsible for any unforeseen technical glitches such as but not limited to Site down for maintenance, server errors, speed of website download, any viruses in the Site etc., that might affect transaction activity on Site. Additionally, You shall defend, indemnify and hold harmless TWL and its directors, employees, agents, partners, vendors, suppliers, or content providers, TWL Group Entities and its employees, contractors, directors, suppliers, and representatives from all direct and indirect liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your breach or non-compliance of any of the Terms of Use herein, misrepresentation, use or misuse of, or access to, the service and content, or otherwise from your User submissions, violation of the Terms of Use, or infringement by You, or any third party using your account, of any intellectual property or other right of any person or entity. TWL reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with TWL in asserting any available defenses.
Limitation of liability
- In no event shall TWL, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the services or products:
- or any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising); and
- for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
- TWL shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the TWL's reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation.
Consent, electronic communications and use of cookies
- Consent
- You hereby give consent under these Terms of Use, for availing information/services related to TWL Group Entities; You agree and authorise the TWL to collect, store, process, share, transfer/transmit your Information with its TWL Group Entities and other associated business partners and third parties, in so far as required for offering of facilities through this website and for analytical / marketing purposes /report generations and/or to offer connected facilities on the website and may also include transfer/sharing/transmitting of sensitive personal data or information only if it is deemed necessary for the performance of facilities and to provide you with various value added and ancillary facilities/services and information, to aid you in managing your money needs in the manner agreed under these Terms of Use and the Privacy Policy. You agree to receive e-mails/sms/phone calls and such other mode as permitted under law from the TWL Group Entities or its associated business partners and third parties regarding the facilities updates, information/promotional offer and/or new product announcements and such other related information.
- You also agree and authorize TWL Group Entities to contact you at the contact information provided for service related communication relating to your product or facilities offered even if your number is in National Do Not Call Registry.
- You have the option to withdraw or opt out the said consent in the manner specified under the Privacy Policy and details as provided on the website. The Privacy Policy may be updated from time to time. Changes will be effective upon posting of the revised Privacy Policy on the website.
- These Terms of Use and any notices or other communications regarding the facilities, services or products may be provided to you electronically, and you agree to receive communications from the Site in electronic form. Electronic communications may be posted on the Site and/or delivered to your registered email address, mobile phones etc. either by TWL Group Entities with whom the services are availed. All communications in electronic format will be considered to be in “writing”. Your consent to receive communications electronically is valid until you revoke your consent by notifying of your decision to do so. If you revoke your consent to receive communications electronically, the TWL Group Entities shall have the right to terminate such facilities or services.
- We use data collection devices such as “Cookies” on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a “Cookie”. We also use Cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests.
Dispute Resolution and Governing Law
- The website specifically prohibits you from usage of any of its facilities in any countries or jurisdictions that do not corroborate to all stipulations of these Terms of Use. The Website is specifically for Users in the territory of India. In case of any dispute, either judicial or quasi-judicial, whether in contract or tort or otherwise, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.
- These Terms of Use are governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.
Integration, Severability and Waiver
- These Terms of Use, the Privacy Policy and other referenced material herein or on the Site, are the entire agreement between you and TWL with respect to the Contents, Information, services, products and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and TWL with respect to the Contents, Information, services and products and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Assignment
- You shall not assign your rights and obligations under this agreement to any other party. The website may assign or delegate its rights and/or obligations under this agreement to any other party in future, directly or indirectly, or to TWL Group Entities.