IMPORTANT - READ CAREFULLY: BY DOWNLOADING AND ACCESSING THE WAYA FINANCIAL TECHNOLOGIES PRIVATE LIMITED (“Waya”) (TOGETHER WITH THE TOOLS, DATA INFORMATION, AND OTHER CONTENT DISPLAYED OR ACCESSIBLE THEREIN, THE "SERVICE") PROVIDED BY WAYA, YOU AGREE TO THE TERMS PROVIDED HEREIN. BY DOWNLOADING AND ACCESSING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS THAT DEFINE AND LIMIT THE SCOPE OF YOUR PERMITTED USE OF THE SOFTWARE AND THE SERVICE AND CONTAIN TERMS AND CONDITIONS RELATED THERETO (THIS "AGREEMENT"). DO NOT DOWNLOAD OR USE THE SOFTWARE AND SERVICE IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT.
1. Acceptance of Agreement: You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to Waya Financial Technologies Private Limited (“Waya”). This Agreement constitutes the entire and only agreement between Waya and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to Waya, the content, services provided by or through Waya, and the subject matter of this Agreement. However, Waya shall be at its sole discretion and rights to carry out the periodical changes, to Waya, which it deems fit and required for the benefits and larger interests of its members.
2. Copyright: The contents, texts, layouts, organizations, graphics, designs, videos, compilations, digital conversion and other matters related to Waya are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights and such intellectual property rights qua Waya are reserved solely with Waya. The copying, redistribution, use or publication by you of any such matters or any part of Waya, are strictly prohibited. Any use of any intellectual property or rights of Waya or Waya without the knowledge or consent of Waya and/or Waya shall be strictly prosecuted. By entering into this Agreement, you do not acquire ownership rights or any other right (including but not limited to intellectual property right) to any contents, documents, information or other materials viewed through Waya. The posting of information on Waya does not constitute a waiver of any right in such information.
3. Trademarks: Waya is a registered Trademark of Waya Financial Technologies Private Limited. All rights are reserved with Waya. Use of Waya Trademark is strictly prohibited. Entering into this Agreement shall not be construed as assignment or right of use of Waya Trademark by you.
4. Usage Period: Waya reserves the right to discontinue or modify the Service in any manner in its sole discretion at any time. [We reserve the right to terminate your access without prior notice].
5. Access to Services and Software License:
a. During the Usage Period, you will have the right to access the Service and a limited, non-transferable, non-exclusive license to use the Software in conjunction with your use of the Service on a single, stand alone, device, in each case, for your personal and non-commercial use and not for the benefit of any third party.
b. You may download or print a single copy of any portion of the information or other content that is available through the Service for your personal and non-commercial use, provided you shall not remove or make use of any trademark, copyright or other notice contained in such information or other content for personal or commercial use. No other use of such information or other content is permitted and any distribution of any such information or other content in any media or in any form is strictly prohibited. Without limiting the generality of the foregoing, you have no right to, and you agree that you shall not,
(i) display, transmit, republish, "frame", exhibit or otherwise distribute or make available to any other person information or other content that is available through the Service, including any of the foregoing in which any of such information or content is transmitted or accessible through any computer network or any Internet, Intranet or Extranet site,
(ii) reproduce or incorporate any of such information or other content in any database, compilation, archive or other record,
(iii) create any derivative works that incorporate any such information or other content, or
(iv) reverse engineer, decompile, disassemble, sub-license, sell or transfer any part of the Software. You may not permit or provide access to the Service to any other person.
c. You agree not to physically or electronically transfer the Software to any device or server beyond the specific device for which the Software is licensed, except for disaster recovery purposes. You agree not to reproduce in any form whatsoever any part of the Software supplied hereunder without the prior written approval of Waya. You agree not to sublicense, loan, transmit, distribute or otherwise make available any part of the Software to any other person. Outside of any method directly provided with the Software.
d. Neither the right to access the Services, nor the license granted herein to the Software, may be assigned or otherwise transferred to any third party without the prior written approval of Waya. You acknowledge that no title to the intellectual property in the Services or the Software is transferred to you. Waya reserves all rights not expressly granted hereunder. You agree that you will not attempt or enable any other person to attempt to reverse engineer, reverse compile, modify, adapt, translate or disassemble the Software, in whole or in part.
e. You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit and/or use the Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content for use with the Service (collectively, the "Mobile Participants"). We do not represent, warrant or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations. IF YOU HAVE DOWNLOADED A MOBILE APPLICATION TO ACCESS THE SERVICE, THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITIES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS.
6. Confidentiality: The information or other content that is available through the Service (other than information that is in the public domain that is included therein) and the Software are the confidential information of Waya and embody valuable trade secrets of Waya. You will not, directly or indirectly, disclose information regarding the Services or the Software, including the name of the Software tool, the features or benefits of the Software, screenshots or any other related content or information, to any third party in any media or in any manner, and will hold all such information in confidence, subject to any disclosure required by law, court order, or by any government or regulatory authority. You shall not make any public announcement, press release, or communication concerning this Agreement without the prior express written consent of Waya. According such consent shall be at the sole discretion of Waya.
7. Intellectual Property Rights: The content and information contained within our Website or delivered to you in connection with the use of our Website is the property of Waya and any other third party (where applicable). The trademark, trade names and logos (the "Trade Marks") that are used and displayed on our website include our registered and unregistered Trade Marks and of third parties. Nothing contained on our Website should be construed as granting any license or right to use any Trade Marks displayed on our Website. We retain all proprietary rights on our Website. Users are prohibited from using the same without the written permission of Waya or such other third parties. The materials on this Website are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the prior written consent of Waya.
8. Limited Right to Use: The viewing, printing or downloading of any content, text, information, opinion, material, graphic, form or document from Waya grants you only a limited, non-exclusive license for use, solely by you, for your own personal use and not for re-publication, distribution, assignment, sub-license, sale, preparation of derivative works or other use or commercial purpose. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or physical, other than for your personal use (but not for resale or redistribution).
9. Alteration and Modification: Waya reserves the unqualified and unlimited right to amend, modify, alter, edit, delete, suspend or discontinue, temporarily or permanently, Waya or any portion thereof and/or the information, statistics, services, and/or materials contained and provided on Waya or any part thereof, with or without prior notice. Members and Viewers understand and agree Waya shall not be liable in any manner whatsoever to them or to any third party for any such amendment, modification, alteration, editing, deletion, suspension or discontinuance of Waya.
10. Prohibited Uses: If you wish to link to the Service from a website you operate, you may link only to the Waya home page and not to any other page or subdomain of this website. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Waya website without the express written consent of Waya. In addition, you agree not to (i) use any device, software or routine to interfere or attempt to interfere with the proper working of Service, (ii) take any action that imposes an unreasonable or disproportionately large load on the Waya infrastructure, (iii) use any data mining, robot, spider, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process in connection with your use of the Service, including one that may damage, detrimentally interfere with or intercept any system, data or personal information; (iv) transmit viruses or other harmful code; or (v) create liability for Waya or cause Waya to lose the services of its ISPs or other suppliers.(vi) In the event that we discover someone repeatedly accessing our servers at a high frequency, such as more than once per minute for several hours or periodical pinging without prior notification, with the intention of obtaining suggestions in an unauthorized manner, we reserve the right to immediately remove their user privileges without prior notification. This action is necessary to maintain trust and fairness among all users. Please note that Waya will not be held responsible for any refunds related to this breach of trust.
11. No Warranty: a. THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SOFTWARE MAY CONTAIN DEFECTS, BUGS, INOPERABLE FEATURES, ERRORS OR INCOMPLETE CODE. You assume total responsibility and risk for your use of the Service and the Software. Waya does not guarantee that the Service or the Software will be uninterrupted or error free; it is provided on an "as available" basis. Waya and its affiliates do not warrant the accuracy, completeness or timeliness of the news and information available through the Service. You acknowledge that any reliance upon any such news, statements or other information shall be at your sole risk. b. Waya does not guarantee the accuracy of the information available through the Service and you agree not to rely on any information or other content available through the Service without making your own independent investigation and exercising your own business judgments. Neither Waya nor any of its data or content providers shall be liable for any errors or delays in the information or other content available through the Service, or for any action taken in reliance thereon. c. No offer on our part with respect to the sale or purchase of any securities is intended or implied, and nothing contained herein is to be construed as a recommendation to buy or sell any securities. It is possible that at this date or some subsequent date the officers, directors and/or shareholders of Waya and its affiliates own securities, or buy or sell securities mentioned in the Service is publication or those not so mentioned. Results obtained from our Waya technology and research may vary with each use and over time. Past performance of a security does not guarantee future results or success.
12. Limitation of Liability: IN NO EVENT SHALL WAYA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR DATA) ARISING OUT OF THE USE OR INABILITY TO ACCESS THE SERVICE OR USE THE SOFTWARE, EVEN IF WAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL WAYA AND ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU BASED ON THE INFORMATION PRESENTED IN THE SERVICE. UNDER NO CIRCUMSTANCES SHALL WAYA AND ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOST PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF WAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WAYA LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF ALL FEES PAID BY YOU TO WAYA.
13. Indemnification: You agree to indemnify and hold Waya, its parents, subsidiaries, affiliates, officers and employees harmless from and against any and all losses, damages, liabilities, obligations, costs and expenses (including attorneys' fees) resulting or arising from any claim, action or proceeding brought by any third party in connection with or relating to your access to or use of the Service or the Software (or the use of the Service by another person using your password) in breach of this Agreement.
14. Anti-Money Laundering: You agree to co-operate with Waya in providing any assurances or evidence of compliance with respect to any legislation, regulations or rules concerning anti-money laundering issues and you represent and warrant that you have not been investigated, charged, or convicted for violation of any anti-money laundering rules or regulations.
15. User's Representation: User is not and will not engage in the operation of any illegal business and will not use, or permit anyone else to use, the data obtained through the Service, or any part thereof, for any illegal purpose.
16. Communications from Waya: Waya might send all new members communication via email or SMS for verification purposes or otherwise. All subscribers might also receive a communication message reminder, when their account is about to expire. Also, a communication message on expiry of the account might be sent to users. In response to a user's direct inquiry, Waya might send message providing assistance with their account or their use of Waya. Other email/Whatsapp message/SMS/in-app notification will be sent from time to time as deemed appropriate by us. Those wishing, not to receive communications from us, can do so by writing to us a [email protected]
17. User Information: Waya may store the information provided by you during the registration process for the Service, and provide aggregate statistical information about users to potential advertisers and other third parties. Waya may use the information provided by you to inform you about other publications, products and services. However, no one other than Waya and its affiliates will receive your name, address, phone number, e-mail address, or other specific personal information, without your consent.
18. Non-transferable: Your right to use Waya is not transferable. Any password or right given to you to obtain information, content, document or messages (via email or message on mobile) is not transferable. Any violation in the same will be considered as a breach of Agreement and liable to immediate account termination without any refund of the active subscription.
19. Severability: In the event any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
20. Amendments: Waya may amend the terms of this Agreement at any time by posting amended terms to the Legal Agreement page in the [website] section within the application. You understand and agree that if you use the service after the date on which amended terms are posted, Waya will treat your use as acceptance of the amended terms. It is your responsibility to monitor whether any amendments to this Agreement have been posted by Waya and you will be deemed to agree to such amendments effective upon the commencement of the next use of Service if you have not exercised your right to terminate the Agreement prior to such time.
21. Disclaimer and Limits: Waya Financial Technologies Private Limited, is a company incorporated under the Companies Act, 2013. Waya is a registered research analyst with the Securities and Exchange Board of India and through its online product, Waya intends to provide quality equity research material and recommendation information to its customers. Waya is a technical platform and provides data and statistical information related to equity and other asset classes. Waya neither manages funds or money of the investors nor it is an execution platform. The investments discussed or recommended through Waya may not be suitable for all investors and hence, you must rely on your own examination and judgement of the stock and company before making investment decisions. All the information available on Waya is for information purposes only to help you in your decision-making process, recommendation or solicitation of an investment or investment strategy to buy or sell any securities solely is your responsibility. Waya does not provide any promise or assurance of favourable view for a particular industry or sector or business group in any manner. You are requested to take into consideration all the risk factors including your financial condition, suitability to risk return profile. Investment based on information available with Waya shall solely be your responsibility and you should consult your financial advisor before investing. Information and discussions made available through Waya contain forward looking statements that involve risks, uncertainties and assumptions that could cause actual results to differ materially from those contemplated by the relevant forward-looking statement. You are solely responsible for your investment decisions and are responsible to validate all the information used to make the investment decision. Your investment decision is based on personal investment needs and own investment objectives, judgment, risk profile, financial position, risk tolerance, and performance. Information available on Waya is one among many other things that should be considered while making an investment decision. Waya or its employees / directors or any of its affiliates/associates, officers, directors, and employees are not responsible for any losses that may arise to any person who has made investments based on the contents of this document. Past performance should not be construed as a guarantee for future returns and no representation or warranty, express or implied, is made regarding future performance. Investments in equity and equity related securities involve a high degree of risks and the user should be clearly aware that prices of securities as well as the income derived from these securities can fall as well as rise as per the market situation. Investment in equities are subject to market risks and despite the best efforts to provide market leading research, Waya would like to exhort its users to acknowledge and fully understand the risks involved which might include but not limited to loss of both principal and income. Data and content provided through Waya is to be consumed only by the intended recipient and must not be redistributed any further.
Registered office address: Waya Financial Technologies Private Limited, 805, DLH Park, SV Road, Goregaon West, Mumbai 400062
Phone: +91-9324773784
Website: www.thewaya.com/
For investor queries: [email protected];
Corporate Identity Number: U67100MH2022PTC386698, Research Analyst SEBI Registration Number: INH000010876, valid till 15th November 2027.
All information, statements, opinions, statistics, services and materials contained, provided and posted on Waya are contained, provided and posted on an "as-is," "as available," basis and all warranties, express or implied, are disclaimed. You must exercise due caution and must verify any and all information sought to be relied upon and/or seek independent professional advice before entering into any commercial or business relationship or transaction with any person or entity, and /or any other party or make any investment or enter into any financial obligation based solely on any information, statement or opinion which is contained, provided, posted or expressed on Waya. Waya contains information, statements, opinions, statistics, and materials that have been obtained from sources believed to be reliable and an effort has been made to provide accurate information, however Waya makes no guarantees whatsoever regarding the timeliness, completeness, accuracy, adequacy, fullness, functionality or reliability of the information, statements, opinions, and materials contained, provided and posted on any section of Waya. Waya or representative of the company or associated parties may have interest / holdings in some the calls given on Waya. This disclosure applies to all sections of Waya unless mentioned otherwise explicitly. Calls given in the various sections are given based on fundamentals and/or technical and/or recent new flows and/or trends, as observed in the market and in the stock. The information and services may contain bugs, errors, problems or other limitations. Waya and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, Waya and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if advised of the possibility of such damages. Waya and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through Waya shall create any warranty, representation or guarantee not expressly stated in this Agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the content, form or document is disclaimed. Waya will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use Waya. The Member or Viewer of Waya undertakes to indemnify us and our affiliates or associates, officers, directors, employees and partners for any loss suffered on account of use or misuse of content or services sold on Waya.
22. Use of Information: You understand and agree that any action taken or decision made based on the information, statements and/or opinions contained, provided, posted, made or expressed on Waya will be taken or made by you at your own risk without any recourse whatsoever to us. The information, statements, opinions and materials contained on Waya are for private use only and not intended for use in any commercial activity or purpose. Equity investments are risky in nature, where substantial portion of investments may get eroded, including loss of capital. Investments in securities market are subject to market risks and investors should read all the related documents carefully before investing. Hence, same should be made within the risk tolerance and financial capacity of the member. Derivative (Future & Option) instruments are very high risk instrument in nature, where losses are not only restricted to the capital or margin and may exceed much beyond the capital or margin amount. Derivatives are sophisticated investment products. Therefore, you are requested to take into consideration all the risk factors before actually trading in derivative contracts. Hence, trades must be entered into and executed within the risk tolerance and financial capacity of the member. Waya advises to refrain from this type of trading and even if they do so, the same is at high risk, cost and consequences of the members. It is also advised not to take position or to exit from your investment and trading positions, which exceed your risk appetite, financial tolerance and comfort level, as and when it happens. Waya reserves the right, and you authorize us, to the use and assignment of all information regarding Waya uses by you and all information provided by you in any manner consistent with our Privacy Policy.
23. Third-Party Services: Waya allows access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that Waya does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. Waya is not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances, is Waya liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to Waya.
24. Third-Party Merchant Policies: All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. Waya is not responsible for information provided by you to Merchants. Waya and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
25. Privacy Policy: Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
26. Payments: You represent and warrant that if you are purchasing something or some service from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. For your own safety you may be asked to complete additional verifications such as 'Verified by Visa' or '3D Secure' to verify your identity. Additionally, there is no money back policy in case you do not find Waya useful or are dissatisfied with our service. Waya strictly follows a no-refund policy. Once an order is placed and processed, it cannot be cancelled. All orders are final and any dispute or cancellation will be resolved at our sole discretion. Please note that payment made to Waya for subscription to our services is non-refundable and non-cancellable if the services are found to be unsatisfactory. All processed payments are final and any dispute or cancellation will be resolved at the sole discretion of Waya. By making a payment, the user acknowledges, represents and warrants that the user has read and understood our Terms of Use and Privacy policy. Except as set forth in these Terms of Service or as required by law, all Payment Transactions processed through the Service are non-refundable and non-reversible by Buyer through the Service. We reserve the right to issue refunds or credits at our sole discretion. Such refunds will be subject to deduction of charges towards the processing fees, [.] or any other charges as per our internal policy. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. Subscription charges, offers and promotions are subject to change. The price in effect and the terms and conditions for your specific order at the time of placing your order will be applicable to your order.
Waya Auto-Renewing Subscriptions:
• All subscriptions entitle you to the Waya premium stock research and advisory services for the entire duration of the subscription period
• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
• Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
27. Links to other Websites: Waya might contain links to other websites. Waya is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on Waya does not imply approval or endorsement of the linked website by us. If you decide to leave Waya and access these third-party websites, you do so at your own risk.
28. Information, Media Clippings and Press Releases: Waya contains information, media clippings and press releases about Waya, our organization and employees. While this information was believed to be accurate as of the date prepared, Waya disclaims any duty or obligation to update this information, media clippings or any press releases. Information about companies other than ours contained in the media clippings, press release or otherwise, should not be relied upon as being provided or endorsed by us.
29. Terms of Service: Subscription charges subject to change without notice. Subscription charges provide Members access to premium services of Waya while other items can be viewed for free. The price in effect when Waya receives your order will be the price that is charged for subscription. Upgrade offers and special promotions are subject to change. Waya is not responsible for typographic errors. Waya does not accept payment in cash. Additionally, there is no money back policy in case you do not find Waya useful or are dissatisfied with our service. Waya strictly follows a no-refund policy. Once an order is placed and processed, it cannot be cancelled. All orders are final and any dispute or cancellation will be resolved at our sole discretion. Waya also reserves our right to disallow anyone from becoming a member on Waya to maintain decorum. Incase the membership is disapproved, the payment will be refunded to the customer. Answering, refraining from answering or deleting any question or comment posted in Waya is at the sole discretion of Waya and cannot be challenged. Waya shall not be held responsible for this. Waya may, at our sole discretion, impose a limit on the number of queries a user may post as Waya deems fit. This may be in the form of hourly, daily or monthly limit for the number of queries a user may post. Change to the username, once provided at the time of registration, might not be allowed. If you do not receive our communication, Waya will not be held liable or accountable for any monetary or non-monetary loss suffered by you. Any delay in the receipt of the communication is also not our responsibility. Subscription charges or any part of it will not be adjusted towards non-receipt or delay in receipt of the communication. Our SMS alerts will be subject to guidelines of Telecom Regulatory Authority of India (TRAI) and Department of Telecom (DoT) as well as to the terms and conditions of third-party merchants, services of whom Waya might avail of. By signing up for SMS alerts, you agree to allow us to send you SMS alerts, even if your number is registered in the Do Not Disturb (DND) registry. We do not commit, guarantee, assure or promise any returns based on our recommendations. You act solely based on your individual risk-bearing ability and your perception of the equities market.
30. Governing Law and Jurisdiction: You agree that this Agreement and any dispute relating to it or the Software will be governed by and construed in accordance with the laws of India. This Agreement shall be treated as though it were executed and performed in Mumbai, India. Any cause of action by you with respect to Waya (and/or any information or services related thereto) must be addressed to the Waya and/or Waya within one (1) week after the cause of action arose failing which the same shall be deemed to have been waived and barred. All actions shall be subject to the limitations set forth in Points 8 and 10 above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be subject to the jurisdiction of Courts in Mumbai only. You expressly submit to the exclusive jurisdiction of said courts. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with Waya is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
31. Severability: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed inconsistent with applicable law and the remaining portions shall remain in full force and effect. To the extent, that anything in or associated with Waya is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
32. Waiver: Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. 33. Miscellaneous: Waya reserves the right to add, alter, modify, withdraw, replace, wholly or in part, any of the contents and/or columns and/or sections by any other contents and/or columns and/or sections, whether similar or not, or withdraw it altogether without any prior notice. In case of dispute with any party, our decision will be binding and final.
34. Risk Profiling Disclaimer: Please note that the products we would be generally providing advice predominantly belong to equity markets. Objective of investment into such product would invariably make you an aggressive investor as the potential of decline in capital invested is fairly high. You agree that the advice provided is only in the form of recommendations on the potential investment opportunities and we are not responsible for any losses that may be caused on the investment decisions taken based on our recommendations. We would recommend you to segregate your capital and investments into multiple products (time deposits, corporate bonds and equity). Investment of entire capital into equity stocks is absolutely not recommended. You would not bring any claim to the Company, Group entities, or any officers, employees or our agents in respect of any or all losses, direct or indirect damages, claims, proceedings, cost and expenses suffered by you or any one for the decisions undertaken based on our recommendations. Where your risk profile does not match with the risk rating applicable to a particular investment product we have recommended on our website, you are recommended to independently evaluate whether to make an investment or not. We would not be responsible for any losses that are caused on account of investment decisions taken by you which do not match your risk profile. We would strictly recommend you to independently evaluate the recommendations before deciding to invest in the same. Investments are subject to market risks and we cannot guarantee that the recommendations would always give you the desired growth or result. You agree with the Terms & Conditions and Privacy Policy of the Waya.
35. Special Offers: • All offers are subject to change at the discretion of the management. • Where a closing date has been set, no extension to this will be given. • Where no closing date has been set this offer will cease at the discretion of management. • Customer can opt for only offer at a time and in no point in time club multiple offers together. • Where a monetary value is attributable to an offer and not fully redeemed then no cash refund or alternations to the offer will be made. • Your use of any offer indicates your agreement to be bound by our terms and conditions. • No offer may be combined with any other. • This offer is not transferable. • Offers might be specific to annual, quarterly, monthly or paid trial subscriptions. Some offers might mandatorily require a promo code and some cannot be used with promo codes. Offers might also be specific to android, iOS, desktop or mobile platforms. The offer page need be referred to for detailed specifications regarding the offer always. • To avail these offers you have to first register with Waya.
36. Duration of Subscription Plans: All users will be entitled to 30 calendar days of subscription under the Monthly plan, 90 calendar days under the Quarterly plan and 365 calendar days under the Annual plan. These are our standard plans and their duration could differ for our Special Offers. Waya reserves the right to change the duration of the plans without any notice.
37. Waya Disclaimers and Disclosures: • Waya Financial Technologies Private Limited is a registered research analyst with the Securities and Exchange Board of India (SEBI) • Waya is a registered research analyst with the Securities and Exchange Board of India and through its online product, Waya intends to provide quality equity research material and recommendation information to its customers. Waya is a technical platform and provides data and statistical information related to equity and other asset classes. Neither we nor our employees / directors or any of its affiliates/associates, officers, directors, and employees are not responsible for result appeared on the tool. • We do not guarantee the accuracy of the information available through the Service and you agree not to rely on any information or other content available through the Service without making your own independent investigation and exercising you own business judgments. Neither Waya nor any of its data or content providers shall be liable for any errors or delays in the information or other content available through the Service, or for any action taken in reliance thereon. • Any recommendation to buy or sell any securities or adopt any hedging, trading or investment strategy, cannot guarantee success and Waya do not hold responsible for the recommendation or any content mentioned on our platform. It is possible that at this date or some subsequent date the officers, directors and/or shareholders of Waya and its affiliates own securities, or buy or sell securities mentioned in the Service is publication or those not so mentioned. Past performance of a security does not guarantee future results or success. • We have done our best to ensure that the information provided is accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this product should be understood as a recommendation or solicitation that you should not consult with your financial advisor to address your particular information. • Nothing here in constitutes investment, legal, accounting and tax advice or a representation that any investment or strategy is suitable or appropriate to the recipient's specific circumstances. The investment strategies discussed and opinions expressed, if any, in this report may not be suitable for all investors, who must make their own investment decisions, based on their own investment objectives, financial positions and needs of specific recipient. We do not take responsibility of your investment based on our report and you must consult your financial advisor before acting upon the report generated by Waya. Our report only exhibits or expresses the perspectives on the basis of the information available with us and you should be considering the other alternative data points with your financial advisor before contemplating any decisions to be carried out, in relation to the same. • The investments discussed or recommended through Waya may not be suitable for all investors and hence, you must rely on your own examination and judgement of the stock and company before making investment decisions. • We do not provide any promise or assurance of favourable view for a particular industry or sector or business group in your portfolio in any manner. You are requested to take into consideration all the risk factors including your financial condition, suitability to risk return profile. Investment based on information available with Waya India shall solely be your responsibility and you should consult your financial advisor before investing. Information and discussions made available through Waya India contain forward looking statements that involve risks, uncertainties and assumptions that could cause actual results to differ materially from those contemplated by the relevant forward-looking statement. • You are solely responsible for your investment decisions and are responsible to validate all the information used to make the investment decision. Your investment decision is based on personal investment needs and own investment objectives, judgment, risk profile, financial position, risk tolerance, and performance. • Waya or its employees or directors or any of its affiliates/associates, officers, directors, and employees are not responsible for any losses that may arise to any person who has made investments based on the contents of this document. Past performance should not be construed as a guarantee for future returns and no representation or warranty, express or implied, is made regarding future performance. Investments in equity and equity related securities involve a high degree of risks and the user should be clearly aware that prices of securities as well as the income derived from these securities can fall as well as rise as per the market situation. • Investment in equities are subject to market risks and despite the best efforts to provide market leading research, Waya would like to exhort its users to acknowledge and fully understand the risks involved which might include but not limited to loss of both principal and income. Data and content provided through this website is to be consumed only by the intended recipient and must not be redistributed any further. • All information, statements, opinions, statistics, services and materials contained, provided and posted herein are contained, provided and posted on an "as-is," "as available," basis and all warranties, express or implied, are disclaimed. • You must exercise due caution and must verify any and all information sought to be relied upon and/or seek independent professional advice before entering into any commercial or business relationship or transaction with any person or entity, and /or any other party or make any investment or enter into any financial obligation based solely on any information, statement or opinion which is contained, provided, posted or expressed here. In particular, but not as a limitation thereof, Waya and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if advised of the possibility of such damages. • Waya is not into brokerage business, Waya is integrated with third party service provided to ease buying and selling of securities, any buying and selling of securities will be solely your responsibility. • We have neither been suspended or debarred from doing business by any Stock Exchange / SEBI or any other authorities; nor has our certificate of registration been cancelled by SEBI at any point of time.