Terms of use

These terms of use (“Terms and Conditions”) mandate the terms on which the users (“You” or “Your” or “User”) can access the mobile application or website www.nswealth.in operated and managed by NS Wealth (“Company” or “We” or “Us”) a company duly incorporated under the laws of India, having corporate identification number U67190MH2014PTC258412.

NS Wealth is SEBI Registered Investment Adviser, having registration number INA000009551, and provides Financial Advisory to clients. NS Wealth is committed to operating its services with the highest ethical standards and appropriate internal controls.

NS Wealth is having its Corporate office at
Pune- 513- 5th Floor, Technology Business Incubator Centre,
MIT WPU Campus, Kashyap Building, Rambaug Colony, Kothrud, Pune, Maharashtra 411038,

Sangli- Sangli (vita) Office. Office No.1, 1st Floor, Nabilal Complex, Shivaji Chowk, Near Ganpati Mandir, Vita (Sangli), Maharashtra- 415311.

This is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic document/records in various statutes as amended by the Information Technology Act, 2000 and these do not require any physical, electronic or digital signatures.

Please read the rules and restrictions that govern your use of our Application. These Terms and Conditions (the “Terms”) are a binding contract between you and NS Wealth. If you do not agree to these terms and conditions and the terms and conditions of NS Wealth, available at https://www.nswealth.in/terms-of-use, you may not use the Application and should not proceed to create any accounts or acquire any subscriptions to the Application. By using the Application, you are agreeing to be bound by these terms and conditions including all amendments made hereto from time to time. Below are the provisions in these Terms that are included along with the Privacy Policy.

By using the Services of NS Wealth, you are confirming that you are above the 18 years of age and legally eligible to enter into a legally binding contract, enforceable under Indian law, including the Indian Contract Act, 1872. If you are not eligible as per the Indian Contract Act, 1872, then please discontinue use of the Platform and leave now. If you believe that a person under 18 may have provided us with personal information, please contact us at nitin.sawant@nswealth.in
Upon using the application, you are aware and accept that all information, content, materials, and products are protected and secured.
You acknowledge that you are allowed us to track your investment and other financial and non-financial details through this Application. However, before making any transaction and availing the services, the user may be required to complete the Know your client (KYC) as per the guidelines issued by regulator/government authorities from time to time.
You accept and are aware that you are solely responsible for maintaining the confidentiality of your account information at all times. If there is any unauthorized use of your Account, you agree to notify us as soon as possible. In the event that you fail to comply with this provision, we will not be liable for any loss or damage.
You understand and accept that NS Wealth is not responsible for the availability of content or other services on third party sites linked from the Application and the Company urges you to read the terms of use of the respective third-party sites, before accessing or registering with any of such third-party sites. Further, the Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites.
In order to access the application, you acknowledge that the software and hardware are the property of either NS Wealth or its respective third-party vendors.
NS Wealth or third-party providers may not be able to offer all the products or services available on the Application to you. As a third-party provider, NS Wealth reserves the right to determine an applicant’s eligibility and availability.
You agree that if transactions made through NS Wealth Application shall be through your own bank account only.
You agree to provide your explicit consent to fetch your credit data from CRIF High Mark/Experian or any other credit Bureaus.
You agree that you will not use the Platform in any manner or engage in any activity that may damage, disable or impair or adversely affect the use of the platform or interfere with any other users’ use, legal rights, or enjoyment of the Platform. Further, you agree not to remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.
NS Wealth may delist you or block your future access to the platform or suspend or terminate your registered account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms and Conditions.
You expressly understand and agree the terms and conditions, privacy policy published on the website and applications of NS Wealth. If you are having trouble accessing your information online and would like to change or delete your personal information or other information that you have provided, you may contact us immediately at nitin.sawant@nswealth.in.
If there is any change in the account information, you shall promptly update your account information to NS Wealth. We would rely on the most recent information provided by you.
NS Wealth and its employees and partners may contact you by phone, email, SMS, or any other form of electronic communication regarding your registration, advisory, and transactions or for any other specified or non-specified purpose. This consent overrides any registration for DNC/NDNC and agrees to take steps to deregister from the DND list and shall not hold NS Wealth liable for non-receipt of SMS. You can always opt to stop receiving any or all such communications or delete your account from the mobile application, or by writing to info@nswealth.in.

Services

By registering, you are allowed to get services offered by NS Wealth.

The Client hereby agrees that all the decisions of the Client, notwithstanding the Services rendered by us, in relation to any recommendation or advice shall be based on Client’s own independent assessment of the risks and rewards of the investments and other circumstances and a proper evaluation thereof.

By using the Application, you acknowledge and agree that we cannot ensure that profit or losses will be avoided, or that the Client’s objectives, including their investment goals will be met, or that they will not be adversely affected by tax consequences, technical problems, or regulatory compliance. In connection with any services provided to the Client, we will not be liable for any error of judgement or loss suffered by the Client.

As a user, you understand and agree that by availing of the Services, you will be bound by our Privacy Policy, and that any information you provide on the Application will be shared with our Group Companies, Agents and Partners, who will store your data within Indian jurisdiction as per applicable laws.

Privacy

We track your use and access of the Application and/or availing of the Services offered by the Application/activities on the sites, you will provide us with certain information and other data as mentioned under these Terms herein which may or may not be otherwise publicly available. Please note that we respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by you under these Terms. By using and visiting the Application and availing the Services of the Application, you also agree to the terms and conditions of our Privacy Policy. You exclusively consent to such monitoring and agree that the same is not prejudicial to your privacy. Further, you agree that we can use this information in an aggregated manner as it deems fit.

Confidentiality

As part of your relationship with NS Wealth, and while using the Services, you acknowledge that you may receive information about the Services of NS Wealth. This information will belong solely to NS Wealth and may include, but is not limited to, the features and manner of operation of the Services, trade secrets, know-how, inventions, techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, and many others. In regard to this Information:

This Information may not be used or disclosed by you without the prior written consent of NS Wealth, unless the Information becomes generally available to the public without your breach of these terms.

It is your responsibility to maintain the confidentiality of such Information and Services.

Use and Protection of Intellectual Property Rights

All the trademarks, logos and service marks, information and content provided on our web site including its design structure and compilation are privately owned Intellectual Property Rights of either NS Wealth and or its affiliates, agents, associates, subsidiaries and or otherwise permitted by us to advertise on our web site. Unless otherwise noted you shall not copy, download or and print documents from our web site for any commercial purposes and shall not post, distribute, transmit, display, publish, sell or modify them or remove any copyright trademark or other proprietary notices. For permission to use third-party materials appearing on our website, please contact us at nitin.sawant@nswealth.in.

Limitation of Liability, Indemnity, and Warranty

The Content on this Application is for your information and use only and does not amount to any advice / recommendation to the general user.
In no event shall NS Wealth or its directors, employees, associates, partners, or suppliers will be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this Application/website or due to the decision made using this Application or availing any product or services from any third-party service provider.
You agree to indemnify NS Wealth or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Application (ii) non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions (iii) any act, neglect, misconduct or fraud on your part.
You warrant that all the details and information provided by you to NS Wealth or its directors, employees, associates, partners, or suppliers while using this Application (including for the purposes of carrying out investments) shall be correct, accurate and genuine.
Further, you shall be solely responsible for any financial or non-financial decision taken by you based on services of NS Wealth, and NS Wealth shall not be liable for any loss or damage caused to you or other users of this Application due to such decisions. You expressly agree that the use of the Application is at your sole risk.

To the fullest extent permissible pursuant to applicable law, NS Wealth and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from NS Wealth or through the Application will create any warranty or guarantee other than those expressly stated herein.

Disclaimer

The application, including any content or information contained in it or any site related service, or any product or service licensed or purchased through the site, is provided on an “as is” basis and without warranties of any kind, either express or implied, including, but not limited to warranties of title or non-infringement or merchantability and fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the applicable laws. You expressly agree that your use of the Application is at your sole risk.

NS Wealth does not warrant that your access to the application and/or related services will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. Access to and use of this site and the information is at your risk and NS Wealth does not undertake any accountability for any irregularities, viruses or damage to any computer that results from accessing, availing or downloading of any information from this site.

Market risks are inherent in every investment. Please read all scheme related things carefully. Past performance is not an indicator of future returns.

You acknowledge that all interaction, communication, dealing or transaction between the user and the Third-party provider in respect of any products / services offered by the Third-party provider is a separate and independent transaction between the Client and Third-party provider without any liability. You acknowledge that any cost, damage, loss or expenses incurred by us or Third-party arising out of or in relation with any such communication, dealings and transactions between the Client and Third-party providers.

We disclaim any responsibility for any such communications, interactions, deals, or transactions between the users and the third-party providers, and we shall not be held liable for any such consequences as a result of such communication, interaction, deals, or transactions between the users and the third-party providers.

A Third-party provider’s advertised or offered product or service is not warranted, endorsed, guaranteed, or assumed responsibility by us, and we shall have no commitment or liability for any transaction between you and the such party provider. If you are purchasing a product or service through these Third-party providers, you should use your best judgement and exercise caution where appropriate.

Consideration

As outlined in the Application, NS Wealth has the right to charge fees to its client for the use of its application and / or services. NS Wealth may alter its fee structure as it deems appropriate at its sole discretion from time to time, and you will be adequately informed prior to such changes. All charges and fees shall be exclusive of taxes and all Government taxes including but not limited to GST shall be payable by you. All charges shall be non-transferable.

Refund Policy

The refund / cancellation policy of NS Wealth shall be guided by the terms of individual agreement entered into with clients of NS Wealth.

Dispute/ Complaint resolution

All disputes will be resolved in a fair, effective, and cost-effective manner. We address any concerns of Clients through our Grievance Cell.

All Complaints related to the use of the Application shall be addressed to the Complaint Resolution official. Please write to us on compliance@nswealth.in; Call us at +91-91629 44545. The Complaint Resolution official will get back to the user within a reasonable time from the receipt of any complaint from you.

However, if you are dissatisfied with our complaint resolution mechanism, the complaint will be referred for arbitration, to a sole arbitrator appointed by NS Wealth, through arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The place of the arbitration is Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.

Force majeure

NS Wealth shall not be liable for failure or error of any transaction on the Application or for any failure on part of the NS Wealth to perform any of its obligations under these Terms and Conditions if performance is prevented, hindered or delayed by a Force Majeure event (as defined below) and in such case its obligations under these Terms and Conditions shall be suspended for so long as the Force Majeure event continues. The term “Force Majeure Event” means any event which occurred and is beyond the control of the Company, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, pandemic, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.

NS Wealth shall be discharged from such performance to the extent of and during the period of such Force Majeure Event, and such non-performance of its obligations shall, in no event whatsoever, amount to a breach of its obligations.

Miscellaneous:

Governing laws
For the resolution of any disputes arising out of your use of the Services or in connection with these Terms, these Terms shall be governed, interpreted, and construed by the laws of India, without giving effect to any conflicts of law’s provisions. Notwithstanding the foregoing, you agree that (i) NS Wealth may bring any proceedings before any court or forum of competent jurisdiction, and you irrevocably consent to their jurisdiction; and (ii) any proceeding brought by you shall be exclusively before the courts in Mumbai, India.

Severability
If, for any reason, a court of competent jurisdiction finds any provision of the Terms and Conditions, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Condition shall continue in full force and effect.

Modification of Terms
NS Wealth reserves the right to change or modify, from time to time, any provision related to the Service(s) or these Terms, including, but not limited to, changing the scope and extent of the Services and/or include any other type of service, facility or feature within the term “Service,” at its sole discretion. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via Application. Yours’ continually using the Application following the posting of changes constitutes your acceptance and agreement to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Application. The Client’s use of or access to the Application/Service(s) is further conditioned on the Client’s compliance with the most current version of these Terms being available on the Application at the time of such use.

Assignment
By accepting these terms, you agree that we can transfer, subcontract or otherwise deal with our rights or obligations under them at any time without further notice. It is agreed that you may not assign or otherwise transfer, subcontract any of the terms of this contract to any third party,

Waiver
The failure or delay on the part of any party to exercise, or the partial exercise of any of its rights, will not be construed as a waiver of any other right or remedy.

Survival
Notwithstanding the termination or rescission of this terms, the provisions of this terms shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of these terms which by implication are to survive the termination of these terms shall survive such termination. Termination of the terms shall not abate the causes of action that have accrued to the Parties prior to such termination.

NS WEALTH

Noble Services Wealth Solution- Financial Planners

Terms of use