Access to and use of password protected and/or secure areas of the Platform and/or use of the Services is restricted to User(s) with accounts only. You shall not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by Us for Your specific use. A breach of this provision may be an offence under the applicable laws including but not limited to the Information Technology Act, 2000.
By using the Services, You warrant that all the data provided by You is accurate and complete and that, in case of a minor, You have obtained the consent of Your parent(s)/ legal guardian.
You acknowledge that MProfit does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. All Users shall seek the consent of their relatives or affiliates before providing any Personal Data about them on the Platform.
You agree to comply with any and all the guidelines, notices, operating rules, policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by Us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and You are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
Further, You agree and undertake NOT to:
We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents You from accessing the Platform or any part of the Services. We reserve the right, but shall not be obliged to:
The use of the Platform and Services, after the expiry of the trial period, will only be made available to You/User after the payment of the required subscription charges as detailed on the Website.
All payments due to MProfit under this Agreement shall be made in full, without deduction for any reason, including but not limited to set-off, counterclaim or other equitable or lawful claim.
If You participate in the MProfit Referral Program to refer new customers to MProfit, You accept all the Terms and Conditions of the MProfit Referral Program available on the MProfit Website (www.mprofit.in/referral-terms).
In addition to the Services provided herein, MProfit may assist You with onboarding Your data onto the Platform. In order to avail such onboarding services, You may follow the directions available on the Website or reach out to us directly at firstname.lastname@example.org. The fees/ charges for such onboarding services shall be in addition to the fees/charges payable by You for access and usage of the Services. Such fees shall be communicated to You in advance and You will be required to make payment of the same to MProfit prior to commencement of the onboarding services.
We hereby reserve the right to change the scope of Services offered, or the fees. You may be required to pay for use or access to such Services at any time, at Our sole discretion. By continuing to use, access or install the Services/Platform/MProfit Software, You agree to the revised scope of such Services and/or the revised fee payable for usage of the same. MProfit shall not be liable for any reason whatsoever for any loss or damages that You or any of Your affiliates may suffer as a result of such change to the Services or fees payable. All such changes to the Services, fees or Platform shall be displayed on the Platform for Your perusal.
The Services may include links to websites and services provided by third party(ies) (“Third-Party Links”). Your interaction with these Third-Party Links will be subject to the terms (including privacy policies) established by such Third-Party Links. MProfit is not responsible for any materials, information, goods or services available through or advertised on such Third-Party Links, or the privacy or other practices of the Third-Party Links. The inclusion of any Third-Party Links does not imply endorsement by MProfit of those sites or any association with its operators.
MProfit disclaims any and all responsibility for any disclosure of information or any other practices of any third-party. MProfit expressly disclaims any warranty with respect to Your personal or other information that may be collected, processed, shared or retained by any third-party.
You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and Services provided by Us, are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, satisfactory quality or fitness for a particular purpose. We shall not be liable for any third-party product or services. You also acknowledge that Our Platform and its related functions may contain bugs, errors and/or other defects which We do not claim any liability of. Your access to Our Platform and other related links is at Your sole risk.
Without limiting the foregoing, MProfit makes no warranty that the Services provided:
MProfit Software may be unable to process data received from certain types of documents or transaction statements or files/ reports and You will be required to modify the formats of such documents to be able to avail the Services. You shall be responsible for ensuring that all such documents, statements, files and reports shall be in a format that MProfit deems compatible in order to ensure that You shall be able to utilize the Services. MProfit shall not be liable for the inability of the Website or Platform to process Your files, transaction statements, reports or documents.
You shall be responsible for keeping Your username and password confidential and MProfit shall not be liable in the event that any information transmitted or received through the Services or the Platform is accessed by unauthorized third parties and/or disclosed by Us or Our officers, employees or agents to third parties purporting to be You or purporting to act under Your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, and delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.
You also acknowledge that You shall be solely responsible for any and all damage to the computer system or any data as a result of download of any materials provided in the Services.
MProfit makes every effort to avoid errors, omissions, mistakes, discrepancies, bugs and inaccuracies in any data processed by MProfit, including but not limited to reports and corporate action details that it provides to You. However, please note that the accuracy of any data processed by MProfit including but not limited to reports and corporate actions is subject to the accuracy of data either imported or manually entered in MProfit, as well as the accuracy of current/historical pricing & corporate action data provided by third-party data providers.
MProfit makes every effort to ensure that the computation of capital gains processed by MProfit is as per the Income Tax rules prevalent in India as amended from time to time. However, You are advised to verify the accuracy of their capital gain reports generated in MProfit before filing Income Tax Returns. The Turnover Report (Section 44AB) under the MProfit F&O Module in the MProfit Desktop application is provided for informational purposes only. It has certain limitations in terms of computing turnover for options.
If any mistake, error, omission, discrepancy, bug or inaccuracy in MProfit reports, current prices, historical prices, FMV prices, corporate action details, computed capital gains or any other data processed by MProfit is noticed anywhere in the MProfit Platform or Services, it may be brought to our notice for immediate correction. MProfit will make its best efforts to try and resolve the inaccuracy, subject to getting accurate data from third-party vendors or subject to technical limitations faced in the resolution of such inaccuracy. However, MProfit will not be responsible for any loss, damage or inconvenience to anyone, of any kind, in any manner, resulting due to mistakes, errors, discrepancies, bugs or inaccuracies in relation to any data processed or reported by MProfit including but not limited to reports, computed capital gains, corporate action details, computations & import processes. Accordingly, all Users are advised to verify the accuracy of their data entered in or reported by MProfit.
Use of the Platform and Services is at Your own risk. While we make reasonable efforts to ensure the safety and functionality of Our Website, these efforts may fail and errors may occur.
MProfit, in no event, shall be liable for any special, incidental, indirect, or consequential loss related to the Services and direct/indirect loss of income, profit, data, opportunity, as well as any liability related to recovery or damage. MProfit advises its User(s) to verify every information available on the Platform before taking it into consideration. We shall not be liable for any misinformation, inaccurate data, data theft, system damage, or any other loss occurring as a result of usage of the Platform, Services or Third-Party Links.
The limitations and exclusions in this Clause 11 apply to the maximum extent permitted by applicable law.
You agree that You are solely responsible for the content that You or Your authorized users create, transmit, display, use, store and/or redistribute while using Our Services. You and/or any of Your authorized users are solely responsible and liable for any data created, uploaded or imported by You to the Platform. MProfit shall not be responsible or liable for the same in any manner whatsoever, including but not limited to any deletion, correction, damage or loss of the data. You also agree that We have no obligation with respect to any User content. If We receive notice that any content created by a User while using the Services violates any law or infringes any third-party rights, We shall have the right to immediately suspend the User’s access to the Services without any prior notice.
User shall create an account with MProfit in order to avail the Services provided on the Platform, as well as to make purchases of the Services (“User Account”). You must keep Your account and registration details current and correct for communications related to Your purchases from the Platform.
You are to notify Us immediately if You have knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorized use of the username and/or password or if Your personal data requires updating.
By creating the User Account, You agree to the terms required to protect the confidentiality of Your username and password for the User Account and shall solely be liable for any activity conducted through the User Account. You agree to accept all risk and responsibilities for any activity done under the User Account. You also agree to receive messages/ emails from MProfit (“Promotional Communications”) regarding the Platform, Your Services and preferences.
By sharing Your number, You consent to MProfit calling You to provide information or support related to the Platform or Your Services.
MProfit reserves the right and sole discretion to refuse access to the Platform, terminate any User Account, remove/restrict content at any time, with or without notice to You, in case any illegal or immoral activity being conducted from Your User Account is brought to Our notice, or We have reason to believe that any information provided by You is incomplete, inaccurate or outdated.
We shall determine the fixed fees payable by You whereby You shall be entitled to utilize the Services for a fixed period upon payment of the same (“Subscription Fees”). These subscription plans may be available on the Platform from time to time and We may at our sole discretion modify the pricing, features, functionalities, tenure and/or reports included in the plans. You are responsible for any taxes, including goods and services tax, resulting from Your use of the Platform. All Subscription Fees are non-refundable, in line with MProfit’s Refund Policy (www.mprofit.in/refund-policy).
Failure to pay: If the User fails to pay the Subscription Fees pursuant to the purchase of the Services, or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Us, We shall be entitled to cancel the purchase or suspend delivery of the Services until payment is made in full.
All information including but not limited to MProfit’s content, trade names, logo, images and Services are proprietary information (“Intellectual Property”) of MProfit and its affiliates, agents, directors and employees, and no such Intellectual Property may be reproduced, copied, re-published, posted, distributed or transmitted in any way without the prior consent of MProfit.
You hereby agree and declare that You shall not at any time:
In the event that We receive notification of alleged intellectual property rights complaints that do not comply with the applicable laws, We shall endeavor to promptly remove or disable access to the illegal infringing material. We may also terminate the User Accounts of the infringers.
For installation and use of MProfit Software, You may require Third Party &/or Open Source Software, which are redistributed/bundled along with MProfit Software. You cannot modify, translate, reverse engineer, decompile, disassemble or create derivative works based on MProfit Software and associated MProfit Services. You cannot rent, lease, or otherwise transfer rights to any third party or remove any proprietary notices or labels on or in MProfit Software, associated MProfit Services or any Third Party &/or Open Source Software.
If You wish to terminate Your User Account, You may do so by following the instructions on the Platform. On termination, You lose the right to access or use the Platform. However, any such termination of the User Account shall not affect Your obligation to pay for Services already purchased from the Platform or affect any liability of Yours towards MProfit, that may have arisen under the User Account prior to the date of termination.
Notices from Us: All notices or other communications given to You if:
Notices from You: You may only give notice to Us via email at email@example.com or in writing sent to our designated address, and We shall be deemed to have received such notice only upon receipt. While We endeavour to respond promptly to notices from You, We cannot guarantee that We will always respond with consistent speed.
In no event shall MProfit, its officers, directors, employees, agents or suppliers be liable to You, or any third-party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform and its Services.
The limitations and exclusions in this Clause apply to the maximum extent permitted by applicable law.
If You choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to utilize or use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
In the event that You provide any reviews for MProfit Software, Services or the Platform, You hereby accept and agree to the display/reference of Your reviews through MProfit advertisements and public relations activities, as well as the use and display of such reviews on various social media handles of MProfit (and/or its affiliates) including but not limited to Facebook, Twitter, LinkedIn and Instagram, as well as the Website, without any compensation to You, in perpetuity.
MProfit shall have the perpetual right to utilize, reuse, repost or repurpose the reviews in any manner, as it may require from time to time. In the event that You would like to rescind Your consent for such usage of Your review, we request You to kindly contact us at firstname.lastname@example.org.
You agree to use the Platform and any related materials or Services at Your sole risk and that We will have no liability to You for any content that You may deem offensive, indecent, or objectionable. All complaints, queries and suggestions should be sent by email at email@example.com or sent in writing to Us at our designated address.
23.6 Force Majeure: MProfit shall be under no liability whatsoever in the event of non-availability of any portion of the Platform or subscribed content occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, pandemic, epidemic, lockdown, flood, fire, failure of any public utility, manmade disaster, infrastructure failure or any other cause whatsoever beyond the control of MProfit.
23.11 Injunctive relief: We may seek immediate injunctive relief if We make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
23.13 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Our part shall be subject to correction without any liability on Our part.
23.14 Currency: Money references under the Platform and Services shall be in Indian Rupees, unless otherwise specified.
23.16 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Us or Our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on You for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Us and You. You hereby agree that all such records are admissible in evidence and that You shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and You hereby waive any of Your rights, if any, to so object.
23.17 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of Our functions in connection with the Platform and/or Services and reserve the right to use any service providers, sub-contractors and/or agents on such terms as We deem appropriate.
“MProfit Services” or “Services” means the services that MProfit makes available to the Users, including but not limited to:
“MProfit Software” shall include any version of MProfit’s portfolio management software application for desktop, any version of MProfit’s portfolio management cloud software application as well as any version of MProfit’s mobile applications, including documentation & user manuals that may be supplied to Users. MProfit Software also includes any free or paid ancillary software products provided to Users by MProfit, updates, upgrades, bug fixes and enhancements to such software products which MProfit, in its sole discretion, may choose to provide to Users.
“Personal Data” means data, whether true or not, that can be used to identify, contact or locate You. Personal Data can include Your name, e-mail address, phone number, username, password, billing address, GST Number and credit card information.
“Personal Data” shall be deemed to include information provided to us through our Services, interaction with our customer service, participation in surveys, marketing promotions, user attributes, account preferences and any data that You have provided to Us when signing up for the Platform or Services or when placing a purchase.
“Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
“Third Party &/or Open Source Software” means Intellectual Property not owned by MProfit which may be used by You or MProfit for the purpose of integrating MProfit Software and/or Services on Your computer, mobile or tablet devices.
“Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
Date of last update: 12th December 2023