Terms of Service 

Revised:  September 27th, 2024

To establish what you can expect from us, as you use Nobias services, and what we require from you. Please keep on reading, as it’s vital that you know, understand and comprehend our terms and conditions.

Nobias Analyst India Private Limited, a company incorporated in India under the Companies Act, 2013, and having its registered office at 14TH Floor, Unit No 1417, One Lodha Palace, Lodha Codename No 1, Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra 400018 (“Nobias” or “we” or “us”), is an investment advisor registered with the Securities and Exchange Board of India  under registration number INA000019558, dated September 23, 2024.

These Terms of Service (“Terms”) govern your use of the Nobias’s website (“Site”) and any Nobias mobile application, application programming interfaces, and other services offered by Nobias, as well as services offered through third parties integrating Nobias functionality (“Services”).  Nobias,  provides the Site and Services.  “You” refers to you as a user of the Site or Services.

BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS.  PLEASE READ THEM CAREFULLY.


1. Eligibility

You must be at least 18 (eighteen) years old to use the Site or the Services.  If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the Site and Services with permission from your parent or legal guardian.

2. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”).  Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service.  By using that Service, you agree to the Additional Terms.


3. Acceptable Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account.  Our goal is to create a positive, useful, and safe user experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.  When you use the Site or Services, you may not:

  • violate any law or regulation;

  • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

  • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

  • send unsolicited or unauthorized advertising or commercial communications, such as spam;

  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;

  •  transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

  • stalk, harass, or harm another individual;

  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

  •  use any means to scrape or crawl any web pages contained in the Site;

  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;

  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or

  •  advocate, encourage, or assist any third party in doing any of the foregoing.


4. User Content

The Site and some of our Services allow you to upload, submit, store, send, or receive content and data (“User Content”).  You retain ownership of any intellectual property rights that you hold in that User Content.  

When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows:  you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content.  This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new Services.  Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.  This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.  We may exercise our rights under this license anywhere in the world and in any media.  Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services.  In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Site or Services.

You promise that:

  • you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and

  • your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason.  We may remove User Content from the Site or Services for any reason.  

5. Ownership

Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”).  The Site and Services, Our Content, and Marks are all protected under Indian and international laws.  The look and feel of the Site and Services are copyright © Nobias. All rights reserved.  You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Nobias. 


6. Privacy

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others.  You are responsible for maintaining the confidentiality of your account information, including your username and password.  You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account.  We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.


7. Links

The Site and Services may contain links to other websites and online resources.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We are not responsible or liable for any damage or loss related to the use of any third-party website.  You should always read the terms and conditions and privacy policy of a third-party website before using it.  


8. Changes to the Site or Services

We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.


9. Termination and Survival

We reserve the right to not provide the Site or Services to any person.  We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our sole discretion.  If you violate any of these Terms, your permission to use the Site and Services automatically terminates.  If you have paid for use of the Site or Services and we terminate your use of the Site or Services, we will refund any unused portion of your payment, i.e., a prorated portion of your payment corresponding to the days left in the period for which you paid.

The provisions of Sections 3, 4, and 9 to 15 will survive any expiration or termination of your use of the Site and Services and/or of these Terms, and you will continue to be responsible for all of your activities during the time you used the Site and Services.

10. Disclaimer and Limitations on Our Liability

You use the Site and Services at your own risk.  The Site and Services are provided on an “as is” and “as available” basis.  To the maximum extent permitted by applicable law, Nobias and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors (“affiliates”) disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, and non-infringement and those arising out of course of dealing or usage of trade.  

In particular, to the maximum extent permitted by applicable law, Nobias and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the Site or Services, or the content of any websites or online services linked to or integrated with the Site or Services.  Nobias and its affiliates will have no liability for any:  (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the site or services; (c) any unauthorized access to or use of our servers or of any personal information or user data; (d) any interruption of transmission to or from the site or services; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the site or services by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted or shared through the Site or Services. 

You understand and agree that, to the maximum extent permitted by applicable law, any material or information downloaded or otherwise obtained through the use of the Site or Services is done at your own risk and that you will be solely responsible for any damage arising from doing so.  No advice or information, whether oral or written, obtained by you from us or through the Site or Services will create any warranty not expressly made.

To the maximum extent permitted by applicable law, in no event will we be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data, or harm to reputation) or for the cost of obtaining substitute products arising out of or in connection with our provision of the Site or Services or any content to you and/or to others, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not we’ve been advised of the possibility of such damages.  

To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party, from all causes of action and all theories of liability arising out of or in connection with our provision of the Site or Services or any content to you and/or to others, will be limited to and will not exceed the fees you have actually paid us during the twelve (12) months preceding the claim giving rise to such liability.  

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

11. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Nobias and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account.  If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.


12. Arbitration Agreement & Waiver of Certain Rights

Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings.   All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of Mumbai Centre for International Arbitration (“MCIA Rules”) .  The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of arbitration shall be at Mumbai. The award of arbitrator shall be final and binding on the parties. The arbitration will be heard and determined by a single arbitrator, appointed mutually by you and Nobias.  The arbitrators decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required by applicable law 

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect.  No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver shall not waive or affect any other portion of this Terms.  This Section of the Terms will survive the termination of your relationship with us.

13. Governing law and jurisdiction

These Terms shall be governed and construed in accordance with laws of India and subject to the jurisdiction of the courts and tribunals in Mumbai. 

 

14. Other Provisions

  • Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

  • If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.  

  • The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

  • We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

  • By providing your email address during account creation or use of the Site and Services, you agree that we may send you marketing communications and promotional emails about our services and updates. You can opt-out of these emails at any time by clicking the unsubscribe link included in the email or by contacting us directly.

15. Changes to these Terms

From time to time, we may change these Terms.  If we change these Terms, we will give you notice by posting the revised Terms on the Site.  Those changes will go into effect on the Revision Date shown in the revised Terms.  By continuing to use the Site or Services, you are agreeing to the revised Terms.  

PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.