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“Site” refers to the Company’s website, which can be accessed at https://encome.io or through our mobile application (“App”) - Encome.
“Service” refers to the Company’s services accessed via the Site or App, in which users can view data analytics about specific Stock Markets in India.
The terms “company”, “we,” “us,” and “our” refer to the Company, Quantale Inc.
“You” refers to you, as a user of our Site or our Service.
The Service allows you to view data analytics about Stock Markets in India, particularly BSE & NSE.
You need to be at least 13 years old to register for and use the Service.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
collect or harvest any personal data of any user of the Site or the Service
use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
use the Service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
intentionally allow another user to access your account;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
You must provide a valid email address & mobile number (optional) to complete the sign-up process.
You are responsible for maintaining the privacy and security of your account. We will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
We may communicate with you via e-mail/ sms/ WhatsApp/ other communication modes regarding your account, system updates, or other issues related to your account/ use of the Service.
You are responsible for all Content posted and activity that occurs from your account (even for Contents posted by a third party to your account).
You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service or its associated channels such as Facebook, WhatsApp or anything else used by the company for its brand promotion or support activity.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, libelous, false or inaccurate;
You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
The Service does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
You are solely responsible for managing the lifecycle of your account, including removal.
Once you have created a user account, it would remain active till you actually choose to delete your account.
Only the authorised user would be allowed to place a deletion request by login to the user profile and submit a request for deletion.
Upon successful email verification (through registered email address) of the deletion request, the deletion would happen in our system immediately.
Deleting your account is IRREVERSIBLE & FINAL, so unfortunately you can't get it back. We do that for your security and to protect your private information.
If at a later stage, you realize that you’ve deleted your account by mistake or changed your mind, you’ll need to register for a new one with a different email address.
In the Deletion process, we delete the user profile, user preferences, account activity, account leads & device information. We DO NOT delete the registered email address (unique identifier for all records), any account purchase & transaction data, as it is required for financial accounting & audit purposes.
After account deletion, the user won’t receive any email/ SMS/ WhatsApp/ communications from us any further, barring some administrative & purchase related messages which are important in nature.
As part of our Data Backup procedures, some of the (deleted) user data might keep residing in the backup systems, but these data are just for disaster recovery purposes and no one has access to this data for any processing. Over a period of time, such data gets overwritten by newer sets of data & eventually such user data would get removed from backups too.
To avoid any unauthorised access (due to caching of data on browsers & app), you are advised to clear your browser cache & uninstall the app from your device immediately after completion of the deletion activity.
In rare cases, we reserve the right to delete a rogue user account or take action on an account as required by the law. The Company reserves the right, in its sole discretion, to deny you access to this Site or any portion thereof without notice for the following reasons (a) immediately by the Company for any unauthorized access or use by you (b) immediately by the Company if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this Site / App.
We allow a prospective buyer of the Annual Encome Subscription to use Encome (Standard Product) perpetually under its FREE Version option. Under these, the users can enjoy certain complimentary sections of the App.
This Free Version is for the sole purpose of enabling you to use, enjoy & evaluate the benefit of the Encome app, in the manner permitted by these terms and conditions mentioned hereunder.
In order to use Encome Paid Version, a prospective customer is required to obtain a periodic (monthly/quarterly/annual), personal, non-assignable and non-exclusive subscription to use the Encome App in return of an advance, non-refundable payment against any of the packages available on our websites.
There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.
Some of our standard available plans are:
We have different In-app Purchases options available to the users on the Apple AppStore. The plans & rates might change without prior notice. The Subscription automatically renews until cancelled. To stop, tap Cancel subscription in the Setting before next billing date.
We have different In-app Purchases options available to the users on the Google PlayStore. The plans & rates might change without prior notice. The Subscription automatically renews unless auto-renew is cancelled or payment method is removed.The account might be charged for renewal within 24-hours prior to the end of the current period. The Subscription may be managed by the user and auto-renewal may be turned off by going to the user’s PlayStore app accounts section after purchase.
We have different purchase options available through payment Gateways like RazorPay, CCAvenue etc. Some of these plans are auto-renewal subscriptions. For subscription plans, the plan automatically renews at the end of each expiry period unless auto-renew is cancelled by the user. The Subscription may be managed by the user and auto-renewal may be cancelled from My Plans section at any time. On cancellation, the auto-renewal is stopped but current plans remain active till the end of the current expiry period. No Refunds are admissible for the remaining period of the current period on cancellation. Any discount coupons applied on a subscription payment will be applicable only for the first period and subsequent charges from next period onwards will apply at the full price.
Customers under Subscription Payment Option will be charged the Subscription fee for the periodic renewal. Such subscription amount might be modified on the product website from time to time without prior notice. Please be aware that these account & billing management options are provided by the platform (iOS / Android) and could be changed by the provider directly without any notice or update from us.
We strongly discourage you from availing any service, including promotional offers and discounts, from individuals or entities that may be pretending or masquerading as Company's representative/partner/affiliate (hereinafter referred as "actors") in any manner or otherwise, as this is not endorsed or permitted by the Company and you run the risk of fraud by indulging in the same. We are not responsible for any activity or transactions that you undertake with such fraudulent Actors and we are not liable for any charges/payments that you might have paid to them.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
Nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. All information on the Site / App is the proprietary, confidential property of the Company and cannot be repeated for any reason outside the Company.
You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by the Company prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share moneycontrol.com, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by the Company prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Company without prior written authorization. Except as set forth herein, any other use of the information contained in this site requires the prior written consent of the Company and may require a separate fee.
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to [email protected]
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED.
The Company makes no representations or warranties that the software will operate uninterrupted or error-free, or that it will be free from minor defects or errors that do not materially affect performance, or that the applications contained in the software are designed to meet all of users’ business requirements or any governmental regulatory or legal requirements and disclaim all warranties with respect thereto in accordance with this clause.
The company DOES NOT guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the information made available on the Service.
There could be features ( existing or in future) which might be based on the how we receive information from various proprietary sources that provide financial information feed. Such data feed might consist of Stock Market data, Equity, Derivatives, IPOs Commodities, Currency, Mutual Funds, Corporate Announcements, News, Other Markets, Company Information - Historical, Real-time and End of the Day, etc. We DO NOT guarantee the accuracy, completeness or timeliness of this data & therefore all features are implemented on best-effort basis.
The Information is NOT an investment advice, and DOES NOT advocate the purchase or sale of any security or investment by you or any other individual. The Information is NOT intended to provide tax, legal or investment advice. The Information does not constitute a solicitation by the information providers, Encome or other of the purchase or sale of securities.
Under this Agreement, you assume all risk of errors and/or omissions in Company, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Company, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under this Agreement.
YOU AGREE THAT THE COMPANY (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE / APP FOR ANY PURPOSE WHATSOEVER. THE COMPANY AND IT'S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY IN TORT, CONTRACT, OR OTHERWISE TO USER AND/OR ANY THIRD PARTY.
Under NO circumstances shall the Company, its licensors, partners or any of its associated companies be liable to the subscriber or any other person or entity for any amount of damages in excess of the paid Subscription fees or be liable of any amount for special, incidental, consequential, or indirect damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or exemplary or punitive damages.
Thus, maximum liability of the company towards any customer can be an amount of the Subscription fee only excluding the Renewal/Subscription fees collected over the years for any direct and actual loss suffered by the Customer due to the Company’s gross and wilful negligence or lack of diligence and Company’s liability will be zero if any loss is suffered by the Customer due to any other reason, which is beyond the control of the Company. The risk of running and using the Service shall be solely born by the Customer.
It is expressly understood and agreed that each and every provision of this agreement which provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended by the parties to be severable and independent of any other provision and to be enforced as such.
This clause shall survive termination of this Agreement.
(16.1) Your use of the service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of our Services.
(16.2) The company makes no warranties regarding (i) your ability to use our Services, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of analytics performed by the Service, and (v) that bugs or errors in the Service will be corrected.
(16.3) The company, its partners, agents, affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of our Services under irrespective of whether you are a user of Free Version or Paid version. Your sole remedy for dissatisfaction with our Services is to STOP using it.
(16.5) The company cannot be held responsible for any business loss of a customer for any reason whatsoever including software failure/ delay in implementation or in technical support etc.
This Agreement and the rights granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons: (a) immediately by the Company for any unauthorized access or use by you (b) immediately by the Company if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement.
Termination or cancellation of this Agreement shall not affect any right or relief to which the Company may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to the Company. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to the Company is non-refundable for any reason.