Effective Date: Jan 3rd, 2022
Last Revision Date: Oct 7th, 2024
THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
These terms of use (hereinafter the "Terms") establish an agreement between Yenomrah Technologies Private Limited, a company registered under the Companies Act, 2013 and having its registered address at 103, Dom Ann Villa, NP Thakkar Road, Vile Parle East, Mumbai 400057 (hereinafter referred to as ‘Harmoney’ or the ‘Company’ , which expression shall include where appropriate its affiliates, successors and assignees) and the Customer, which expression shall include any User using and accessing the Website on behalf of the Customer (‘Customer’ or ‘You’) and shall govern your access and use of www.harmoney.in (the Website) along with any other services that may be rendered by Harmoney (collectively referred to as “Service”).
‘Customer’ means the entity who has registered an account on the Website and where the Customer is a non-individual, such Customer shall have duly authorised the user of the Website (‘User’) to use and access the Website on behalf of the Customer.
By accessing the Website either directly or through a hyperlink, you engage in our Service and agree to be bound by these Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Supplemental terms as may apply to certain Services, will be disclosed to you in connection with the applicable Service(s)and are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Harmoney may, at its sole discretion, amend the Terms or policies pertaining to the use of the Services from time to time and unless otherwise notified, amendments will be effective when the Company posts such updated Terms or the amended policies on the Website. In case of any changes to these Terms, we will change the "Last Revision" date above. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Website is provided to you under license by Harmoney, subject to the terms mentioned hereunder. You shall not share your user IDs and passwords with anyone. You agree and acknowledge that you will not acquire any proprietary rights to the Website or any other services offered by Harmoney.
By using the Website, You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by these Terms, as may be updated from time to time. You are authorised to use the Website subject to your acceptance of these Terms and if You do not agree to be bound by these Terms of Service, you shall leave the Website immediately.
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to these Terms of Service. The Company assumes no responsibility or liability for any misrepresentation of Your age.
In order to use the Website and avail the Services, you must register for and maintain a service account (“Account ”) on the Website. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Website and/or the Services or result in the termination of this agreement with you.
You are responsible for all activity that occurs under your Account, and You agree to maintain the security and secrecy of your Account username and password at all times, and shall notify Harmoney immediately if you notice any suspicious activity or misuse of your Account. You acknowledge and agree that any misuse of your Account for reasons not attributable to Harmoney shall be to your account and You will be liable for any and all liabilities incurred as a result of such misuse. You hereby consent that any information submitted by you for Account setup may be used by Harmoney in accordance with the Harmoney Privacy Policy which is deemed to be part of these Terms and is available at https://www.harmoney.in/privacy.
The Service(s) constitute Your access to the Website and the services provided to you through the Website. Under no circumstances should the Website or any information received through the Website be considered as advice or solicitation to make any investment mentioned on the Website. The accuracy of the information on the Website or provided via Services will be monitored on a best efforts basis and Harmoney does not hold any responsibility for errors or mistakes that may result in loss or damage to You.
Certain files of Information are available for download from the Website. These files of Information are subject to these Terms. The information on this Website is for individual consumption only and not intended for any distribution.
You are not permitted (except where you have been given express permission by Harmoney to do so) to adapt or modify the information on this Website or any part of it and the information or any part of it may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way to any third parties for commercial gain.
You agree to not use the Website or Services for any unlawful purpose or any purpose prohibited hereunder or in any way that could damage the Website, Services or general business of Harmoney. If you do not comply with the Terms of use of the Website, Harmoney may suspend or terminate your access to the Website in addition to Harmoney’s right to seek recourse, including financial recourse, against you in the event of a breach.
You shall not:
(i) use the Services in any manner except as expressly provided in these Terms or in violation of applicable laws, regulations, and market conventions. You are responsible for obtaining and maintaining all authorisations, consents and licenses necessary to receive or use the Services.;
(ii) provide any unauthorised third parties with access to the Services; or re-sell, grant any rights to third parties to the Services, lease, time-share, lend or rent the Services;
(iii) act in a manner that shall be detrimental to the interests of other customers of Harmoney or do any acts that are in violation of applicable laws including applicable regulatory requirements ;
(iv) perpetrate any fraud or use the Website/ Services for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.;
(v) you shall not use false name or details, misrepresent your role or who you work for, or otherwise deceive Harmoney or other users;
(vi) you shall not use the Services to conduct or execute any transactions or trades in a fraudulent manner, use any manipulative or deceptive device, employ any scheme to defraud or engage in any practice which would amount to defrauding any person or which would be in contravention of applicable securities laws or Exchange directions.;
(vii) remove any copyright, trademark or other proprietary notices from any portion of the Website/ Services;
(viii) reproduce, modify, prepare derivative works based upon the Services, or distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Harmoney;
(ix) decompile, reverse engineer or disassemble the Services;
(x) cause or launch any programs or scripts for the purpose of data scraping, indexing, extraction, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or the Website or any other computer system including by introduction of any virus, Trojan horses, worms, time bombs or such material;
(xi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
(xi) Re-sell, grant any rights to third parties to the Services, lease, time-share, lend or rent the Services;
(xii) do any such acts during the use of the Services, which may result in the blacklisting of any of our IP addresses.
Harmoney shall have the on-going right to monitor your use of the Services to the extent required to determine your compliance with these Terms. Any activity done through the Services in violation of these Terms is done at your own risk. Harmoney reserves the right to terminate your use of the Services for violating any of the Terms mentioned herein.
Harmoney does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
Harmoney may occasionally post links to third-party websites or other services. You agree that Harmoney is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from the Website.
Harmoney may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, and that Harmoney shall have no liability for any damage or loss caused as a result of such downtime.
You understand that each time you use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you consent to receive communications including e-mail messages regarding terms and conditions, as well as information about product updates and services offered by Harmoney. Communication can also be by posting any notices on the Website. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
You understand that by using the Service, you consent and agree to the collection and use of certain information about You and Your use of the Service in accordance with Harmoney’s Privacy Policy as available on the Website and these Terms. Harmoney’s Privacy Policy applies to all Your information collected under these Terms. You further understand and agree that this information may be transferred to the other countries in an anonymized form for storage and analytical purposes by Harmoney, its affiliates, and/or their service providers in accordance with applicable law.
The Website and Services are provided as a solution for viewing market information, communicating electronically and trade execution management. You acknowledge and agree that any information posted on the Website is not intended to be legal, business, investment, tax or financial advice, and no fiduciary relationship has been created between You and Harmoney. Harmoney does not assume responsibility or liability for any information given on the Website.
Harmoney may terminate these Terms of Service with You at any time for any reason, with or without cause. Harmoney specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Harmoney or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
You may also terminate these Terms of Service at any time by contacting Us and requesting termination. Any outstanding fees will still be due even after termination of Your account. Upon termination of these Terms of Service, all accrued rights and obligations of the parties, and any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that all information, software, products, services and related graphics provided on this Website is on an "as is" and "as available" basis without warranty of any kind, either expressed or implied. Harmoney expressly disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage, or trade practice.
Harmoney makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. Harmoney also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any and all losses or damages that may occur to You from Your use of the Website or Services including any loss of Your data is Your sole responsibility and that Harmoney is not liable for any such damage or loss.
Harmoney warrants that, during the term of this agreement, Harmoney will employ commercially reasonable system security measures. You understand and acknowledge that certain risks are inherent in the transmission of information over the internet. By entering into this agreement, You have chosen to use the security measures provided by Harmoney even though other security measures are available. While Harmoney uses industry standard information security measures to protect the Service from viruses and malicious attacks, Harmoney does not represent or guarantee that the Service or the results from accessing, availing or downloading of any information from this site will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Harmoney disclaims any liability relating thereto to the extent that such loss, corruption, attack, viruses, interference, hacking, or other security intrusion occur despite Harmoney using the information security measures. Except as expressly set forth in this section, Harmoney makes no representation, warranty, covenant or agreement that its security measures will be effective and neither Harmoney nor its affiliates shall have any liability for the breach of its security measures, or the integrity of the systems or Harmoney’s computer servers, unless caused by the wilful misconduct or gross negligence of its employees.
HARMONEY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM AND EXPRESSLY WAIVE ALL OTHER CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OF HARMONEY OR THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR OF ERROR-FREE AND UNINTERRUPTED USE OR OF NON-INFRINGEMENT EXCEPT TO THE EXTENT EXPRESSLY PROVIDED ABOVE (LIMITED WARRANTY). IN PARTICULAR, HARMONEY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE.
You agree to defend, indemnify and hold harmless Harmoney and its officers, directors, employees and agents, and any of Harmoney’s affiliates (if applicable) from and against any and all claims, damages, obligations, losses, liabilities, debts and costs (including reasonable attorney’s fees), brought against Harmoney by third parties arising from
(i) Your use of and access of the Service;
(ii) your violation of these Terms;
(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or;
(iv) any claim that any information, content, messages You submitted through the Services caused damage. Your indemnification obligation under this Indemnity Section will survive termination of this Agreement and Your use of the Services.
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, OR REVENUES, LOSS OF OPERATION TIME, LOSS OF DATA, INCREASED COSTS OR WASTED EXPENDITURE, LOSS OF GOODWILL OR REPUTATION, SPECIAL, INDIRECT, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGE OF ANY NATURE WHATSOEVER OR HOWSOEVER ARISING OUT OF THIS AGREEMENT.
You cannot assign or otherwise transfer your rights or obligations under this Agreement to any third party without the prior written consent of Harmoney.
The Parties hereby agree that this Agreement shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any and all disputes that arise under this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Mumbai, India.
Harmoney shall not be liable to the Customer for failure or delay in the performance of Services, if such failure or delay is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond its control.
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of this Agreement. Further, no waiver shall be effective unless made in writing and signed by an authorised signatory of the waiving party.
If any of the terms, conditions or provisions contained in this Agreement are determined by any court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
All notices and other communications made or required to be given under this Agreement shall be in writing in English language and shall be deemed given upon receipt when sent through (1) email (2) registered post acknowledgement due, or (3) personal service, to the address specified below:
If to Harmoney:
Email: support@harmoney.in
Address:
103, Dom Ann Villa, NP Thakkar Road, Vile Parle East, Mumbai 400057
If to You:
To the email ID and address provided at the time of registration and set-up of Your account
These Terms along with any supplementary terms or addendum as may be prescribed by the Company constitute an agreement between the Parties pertaining to the subject matter contained herein.
HARMONEY HAS NO RESPONSIBILITY WHATSOEVER FOR YOUR COMPLIANCE WITH ANY REGULATORY REQUIREMENTS APPLICABLE TO YOU. UNLESS AND UNTIL YOU HAVE SPECIFICALLY SUBSCRIBED TO ANY RECORD KEEPING OR COMPLIANCE SERVICES FROM HARMONEY, YOU AND YOUR ORGANIZATION ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH SUCH RECORDKEEPING OR OTHER REGULATORY REQUIREMENTS AS MAY BE APPLICABLE TO YOU.