TERMS & CONDITIONS

  1. INTRODUCTION.

    Welcome! ETF Junction is a financial technology platform operated by Financial Basket Capital Pvt. Ltd (“ETF Junction/Platform”), based in India. These Terms and Conditions regulate the use and access of www.ETFJunction.com, media form, social media channel(s), mobile website and mobile applications related, linked, or otherwise connected thereto (collectively the “Platform”). For the sake of convenience, the term “Services” shall be included in the term “Platform” wherever used throughout this document unless specified otherwise. These Terms and Conditions governs the use of the Platform which aims to provide our users with advice so you can make more informed decisions and trade successfully.

    All information present on the Platform is to help you in the decision-making process and shall not be considered as a recommendation or solicitation of an investment or investment strategy. We shall not be liable for investment or other decisions made by you based upon any content we provide you.

    ETF Junction is solely a facilitator and does not enable any trading on the Platform. ETF Junction is a Platform where you can find ETF baskets curated by third party specialists and influencers to choose depending on their suitability.

    We specifically disclaim any and all liability or loss arising out of any action taken in reliance on the content we provide you, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter.

    These Terms and Conditions, our Privacy Policy, Disclaimer, Acceptable Use Policy, Influencer Policy, and other additional terms we make available on the Platform from time to time (collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Platform. This document includes a mandatory arbitration provision and regulates the resolution of any dispute which may arise between you and us as a result of using our Platform. By clicking “Accept” when prompted or creating an Account or, using or accessing the Platform, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Platform by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, including the compulsory arbitration provision, you must stop using the Platform.

    By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Financial Basket Capital Pvt. Ltd. (hereinafter referred to as “ETF Junction”, “we”, “us”, or “our”) and you the user (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”)

  2. THE SERVICE

    2.1 What are ETF baskets?

    ETF baskets are portfolios of ETFs, weighted intelligently to track a theme, strategy, or objective. All ETF baskets displayed on the Platform can be purchased through third party websites and platforms and NOT through our Platform. We solely act as a facilitator between the users of our Platform and third party websites and platforms where you may purchase ETF baskets. You may conduct transactions/ trading via your respective demat account and service providers.

    You hereby through this reference acknowledge and agree that by clicking on a hyperlink available anywhere on the Platform which may redirect you to the respective service provider enabling transactions/ trading, you will have provided us your consent to leave our Platform and go to such service provider enabling/ providing transactions/ trading facilities. We will strive to ask for your consent at every step however, in the event that to enable smooth transition, we provide an option to disable asking consent each time prior to redirecting you to such respective service provider, and you disable asking consent each time by checking a box or otherwise giving your consent to disable asking consent, you will have expressly provided us with your consent to redirect you from the Platform without asking for your consent in each instance.

    All information present on the Platform is to help you in the decision-making process and shall not be considered as a recommendation or solicitation of an investment or investment strategy.

    You, possess 100% risk in all investments made by you. We do not claim that the information you receive from us will be accurate and free from errors. Please refer to our Disclaimer prior to using and accessing our services.

    2.2 What is social trading?

    Social trading enables users of ETF Junction to simulate positions opened and managed by other selected individuals. Our social trading feature allow you to see another user’ positions (as they are opened or closed) for free and the entire portfolio for a small fee. Each time you choose to see another user’ portfolio, you will be asked to pay a fee that’s payable to the other user.

    The key to social trading is choosing a user to follow whose investment style and goals align with yours. For example, if you invest conservatively then you’d copy someone with a conservative trading bent. Likewise, if you’re a growth investor then you shouldn’t match the trading activity of a value investor.

    The entire social trading feature is manual and completely in the hands of you (the user/ investor). Only you can decide to follow someone else’s strategy and/or copy someone else’s holdings. And only you can make changes to your portfolio and holdings.

    When a Platform user views your portfolio, you will receive amounts/fee in each instance as may be displayed on the Platform from time to time and as may be notified to you via methods at our disposal. All such fees amounts paid by you to users from whom you copy portfolios (also known as “Influencers”) are final and non-refundable. All amounts/fees paid to Influencers for copying their Portfolios are not investments and shall be considered as fees payable to the Influencers in consideration of providing the facility to view their Monetized Portfolios.

    ETF Junction reserves the right to change this fee at any time. We also might decide to withhold a certain percentage of the amount/fees as a platform fee.

    Mobile Carrier Charges. You may use mobile data in connection with the Services and may incur additional charges from your wireless provider for these Services. You hereby through this reference agree that you are solely responsible for any such charges.

    Taxes. Unless otherwise stated on the Platform, prices do not include applicable taxes. We cannot and do not deduct any taxes for any profits accrued. If we are legally obliged to pay or collect taxes for which you are responsible under this paragraph, the relevant amount will be invoiced and paid by you.

  3. CHANGES TO THE TERMS.

    We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes and the revised Terms. We do not undertake to notify you of proposed or actual changes.

  4. ACCESSING THE PLATFORM AND ACCOUNT SECURITY.

    We reserve the right to withdraw or amend this Platform and any Services or material we provide on the Platform in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including visitors.

    To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, or any agreement entered into digitally, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your Platform account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

  5. ELIGIBILITY

    5.1 To use our Platform, you must:

    5.1.1 Be at least of age the age of majority (at least 18 years of age) and not disqualified from entering into contracts under any law;

    5.1.2 complete the registration process;

    5.1.3 agree to our Terms; and

    5.1.4 provide true, complete, and up to date legal and contact information

    5.1.5 You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.

    5.1.6 By using our Platform, you represent and warrant that you meet all the requirements listed above and that you won’t use Platform in a way that violates any laws or regulations. ETF Junction may refuse Service, close Accounts of any users, and change eligibility requirements at any time.

    5.1.7 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.

  6. PERSONAL DATA.

    To provide you with the Platform as mentioned in these Terms it is required that we collect your basic information which may include your name, last name and email contact and payment or financial information. (“Personal Data”). You agree that your Personal Data is collected by us through your consent. Please refer to our Privacy Policy for more details about our privacy practices.

  7. TERM.

    The Term begins as soon as you access the Platform and continues as long as you use the Services. By registering for an Account, or clicking the “sign in" button and entering your username means that you’ve officially “signed” these Terms.

    To stop using our platform, you need to go into your profile settings and Delete your account. Doing so will permanently delete your account along with all the related content.

  8. ACCOUNT REGISTRATION.

    8.1 To access all Platform features and Services, you need to register for a user account on the Platform (“Account”). For continuous access to our Platform, it is suggested that you provide us with accurate, complete and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.

    8.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.

  9. LICENSE.

    Subject to your compliance with the Terms, we hereby grant to you a limited, non-transferable, non-exclusive right to access and use our Platform. Nothing in this Agreement obligates us to deliver or make available any copies of computer programs or code from the Platform to you, whether in object code or source code form. You may not remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Platform.

  10. INTELLECTUAL PROPERTY RIGHTS.

    The Platform contains Intellectual Property of ETF Junction in the form of content, graphics, videos, audios, text, and any other digital content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under these Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in these Terms and Conditions. (viii) Do not distribute any content through any form (electronic or otherwise).

  11. TRADEMARKS.

    You acknowledge and agree that the Platform, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of ETF Junction or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of ETF Junction. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain with ETF Junction or its third-party suppliers, as the case may be.

  12. FEEDBACK.

    You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of ETF Junction and you hereby irrevocably transfer and assign to ETF Junction such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

  13. PROTECTION OF INTELLECTUAL PROPERTY.

    13.1 General.

    It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided below

    13.2 Copyright Infringement Notification.

    If you are a copyright owner or an agent thereof and believe that any content made available via the Platform infringes upon your copyright, you may submit a notification to us by providing us with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Platform (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Please send us all notices in connection with copyright infringements to: TermsANDprivacy@etfjunction.com

    13.3 Counter-Notice.

    If you feel that any of your content was improperly removed or made unavailable to other users, please contact us via the contact information set forth above.

  14. GEOGRAPHIC RESTRICTIONS.

    This Platform and all connected services media form, media channels, etc., otherwise connected or linked thereto are meant to be accessed solely in India by Indian citizens. While we endeavor to provide this Platform for use by persons in India, we make no claims that the Platform or any Platform Content is accessible or appropriate outside India. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside India, you do so on your own initiative and are responsible.

  15. Social Trading.

    The social trading features are limited to the viewing of the Influencers’ Monetized Portfolios as displayed on the Platform. You will be redirected to our partner service provider website for the execution of any and all trades you wish to make. Our Platform is not involved in any trading functions including without limits, the execution of trades, rebalancing of portfolios, and other trade operations. We solely provide a Platform where users can utilize our message boards, and the Platform in accordance with our Acceptable Use Policy.

  16. Back-testing.

    "Back-testing" is the application of a quantitative model to historical market data to generate hypothetical performance during a prior period. Use of back-tested data has inherent limitations including the following:

    The results do not reflect the results of actual trading or the effect of material economic and market conditions on the decision-making process, but were achieved by means of retrospective application, which may have been designed with the benefit of hindsight.

    Back-tested returns do not represent actual returns and should not be interpreted as an indication of such.

  17. APPLE AND ANDROID DEVICES.

    In addition to the terms mentioned in these Terms and Conditions, The following terms apply when you use our Platform obtained from either the Apple Store or Google Play (each an “App Distributor”) to access our Services:

    the license granted to you for our Platform is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s Terms and Conditions;

    we are responsible for providing any maintenance and support services with respect to the Platform as specified in the Terms. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform;

    in the event of any failure of the Platform to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Platform, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Platform;

    you must comply with applicable third-party terms of agreement when using the Services, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Platform;

    you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this Platform license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in the Platform license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

  18. EXTERNAL SERVICE PURCHASES.

    When making a purchase through the Platform, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, which may change from time to time.

    If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, we may terminate your Account immediately in our sole discretion, on the basis that you have determined that you do not want our subscription. In the event that your chargeback or other payment reversal is overturned, please contact us using the information at the end of this page. We will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account.

  19. THIRD-PARTY SERVICES.

    The Platform provided by us may permit you to link to other websites such as https://www.smallcase.com/, https://www.interactivebrokers.com/en/home.php services, or resources on the Internet, and other websites, services or resources may contain links to the Platform. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

  20. TERMINATION.

    We reserve the right to terminate your access to all or any part of the Platform at any point of time, in the event we determine you to be in violation of these Terms, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. You may terminate your Account by going to your profile settings and Delete your account. Doing so will permanently delete your account along with all the related content.

    Any such termination shall immediately revoke the license(s) granted under these Terms and Conditions, and you shall effective immediately be prohibited from accessing or using the Platform or Platform Content for any reason. All fees paid hereunder are non-refundable. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.

  21. RELEASE.

    To the maximum extent permissible by applicable law, you hereby absolutely release ETF Junction and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties. You agree that ETF junction is solely an intermediary and is thus protected under safe harbor laws under the Information Technology Act, 2000, as well as other relevant provisions as may be notified by the relevant authorities from time to time.

  22. WARRANTY DISCLAIMER.

    THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. ETF JUNCTION, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM.

  23. INDEMNIFICATION.

    You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal Data; (d) infringement by you (or any third party using your Account or identity in the Platform) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defenses at your expense, including reasonable attorneys’ fees incurred by us.

  24. LIMITATION OF LIABILITY.

    THE USE OF THE PLATFORM OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE PLATFORM FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OR GREATER THAN ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS. NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.

  25. GOVERNING LAW AND DISPUTE RESOLUTION.

    The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of India applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts located in New Delhi with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.

    Any dispute concerning the subject matter of these Terms, or the breach, termination or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be New Delhi. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.

  26. MISCELLANEOUS.

    Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.

    Relationship of the parties. You and ETF Junction are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship you nor any fiduciary duty.

    Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

    Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.

    Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Term of Service. Notices to us shall be sent by email to TermsANDprivacy@etfjunction.com. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.

    No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

    Interpretation. The headers are provided only to make this agreement easier to read and understand.

  27. CONTACT.

    You may get in touch with us through our Platform or the address given below:
    Financial Basket Capitals Private limited
    A-59, 1st Floor
    Arjun Nagar, Kotla Mubarakpur
    New Delhi 110003
    Email: Termsandprivacy@etfjunction.com