Training Services Agreement
1. CLIENTS PARTICIPATION, OBLIGATION AND WARRANTIES
The Client represents that the Client has understood the risks involved in trading / investing securities based on advise or service subscribed to the offerings made by Growth Avenues. The Client is financially capable of withstanding any loss incurred as a result of such action.
The Client shall be solely responsible for and agrees to comply with all the Applicable Laws, regulations, procedures, practices and guidelines given by the competent authorities insofar as applicable to the Client, including but not restricted to the SEBI (Insider Trading) Regulations, 1992, SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 and the SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Markets) Regulations, 1995, and Growth Avenues shall not be responsible or liable in any manner whatsoever, to any person for any breach by the Client of such aforesaid laws, regulations, procedures, practices and guidelines.
2. WARRANTIES & DISCLAIMERS
Growth Avenues does not provide any warranty (express or implied) as to the appreciation in the value of the Securities that was advised as part of any service of Growth Avenues. It is clearly understood that Growth Avenues shall not, in any manner whatsoever, be liable or responsible to any entity/person (including the Client’s nominees or legal heirs or successors or authorized representatives) in case of depreciation or erosion in the value of Securities, either individually or in total, for the Funds invested using the advisory services provided by Growth Avenues or any indirect, notional, consequential losses, expenses, costs, charges or claims (including any litigation expenses) to any entity/person.
3. RISKS AND LOSSES
The Client understands and accepts that investments in Securities are subject to market risks and may result in losses at times and do not assure or guarantee the Client any minimum or fixed return. The Client hereby agrees to undertake the risks pertaining to his execution of trade/investment advice received from Growth Avenues.
The past performance of Growth Avenues does not, in any manner, indicate the future performance with respect to any of its existing Product/s or any future Products of Growth Avenues;
Losses arising out of any act, omission or commission of Growth Avenues will be solely at the risk of the Client and Growth Avenues will not be liable for any act, omission or commission taken or failure to act.
As with any investment in Securities, the value of the portfolio can go up or down depending on various factors that may affect the values of the investments. In addition to the factors that affect the value of individual securities, the value of the portfolio can be expected to fluctuate with movements in the broader equity and bond markets and may be influenced by factors affecting capital markets in general, such as, but not limited to, changes in interest rates, currency exchange rates, changes in governmental policies, taxation, political, economic or other developments and increased volatility in the stock and bond markets.
The Client shall not question any of the acts, deeds, omissions or commissions or things done or performed by Growth Avenues under this Agreement unless Growth Avenues has acted in gross violation to the Regulations or applicable law and Growth Avenues shall fulfill its duties and obligations, at its absolute discretion, without interference from the Client, its attorney(s) or authorized agent(s).
The Client acknowledges and confirms that the Client is fully aware of the Product/s and his investment, risk appetite and product suitability before investing in the Product/s. The Client further agrees and acknowledges that the Client has fully read and understood the risk related to the Product/s.
4. PROTECTION OF ACTS DONE IN GOOD FAITH
Growth Avenues shall not be under any liability on account of anything done or omitted to be done or suffered by the Client in good faith in accordance with or in pursuance of any request or advice of Growth Avenues or any committee of Growth Avenues or any agent.
5. INDEMNITY TO GROWTH AVENUES
Without prejudice to the right of indemnity available to Growth Avenues under any law, Growth Avenues and every person appointed by Growth Avenues shall be entitled to be indemnified out of the Assets deployed by the Client in respect of all liabilities, losses, actions, claims, damages and expenses incurred by them in the execution of these presents hereby declared or any of the powers, authorities and discretions vested in them pursuant to these presents in respect of any matter or thing done or omitted in any way by Growth Avenues in relation to these presents.
6. USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS:
If this Web site contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer Conduct or forward surveys, contests, or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
7. DECLARATION
The Client declares that all the details given in this Agreement are true and correct and any instructions given to Growth Avenues to transact business on the Client s behalf shall be in due conformity with the applicable laws as may for the time being be in force.
Any tax implications arising out of any transaction entered into pursuant to this Agreement would be as per the provisions of the Income Tax Act, 1961, or any modification or re- enactment thereof.
The Client agrees and declares that any and all tax liability will be the Client ‘s sole responsibility.
8. DISPUTE RESOLUTION
This Agreement is subject to the Rules and Regulations as are or may be framed / issued by the Central Government, the Reserve Bank of India (“RBI”), SEBI and / or any other statutory and / or any other competent authority, from time to time.
Any dispute arising out of or in relation to this Agreement shall be submitted by the parties to the arbitration of a sole arbitrator, who shall be any person nominated by Growth Avenues. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996. Each party will bear the expenses / costs incurred by it in the arbitration proceedings. However, the cost of the sole arbitrator will be borne equally by both the parties.
The arbitration proceedings shall be held at Mumbai and the language of the arbitration shall be English.
9. JURISDICTION
The Courts of Mumbai shall have exclusive jurisdiction to adjudicate upon any claims of the parties.
10. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.