You must be aware that the law presumes that every man should not only know EVERY law but also the meaning and implication of every section and word contained therein. You will appreciate that if we were to try to remember only the basic laws effecting our day to day lives it would take us several years of concentrated efforts just to be able to understand a few. Hence, we at Kotak Commodity Services Private Ltd (formerly known as Kotak Commodity Services ltd) have tried to do away with your tedious task of looking up and understanding the law with respect to your use of our web site and have herein below provided you with the rights, limitations and obligations within the framework of which, if agreed upon by you, in its entirety, then only can a relationship between us can be consummated.
As we would like to know you better we expect you too would like to know us better. We are, Kotak Commodity Services Private Ltd (formerly known as Kotak Commodity Services ltd) Limited, incorporated under the Companies Act,1956 having registered office at 1st Floor, Nirlon House, Dr. Annie Besant Road, Wroli, Mumbai 400 025. Our main business is of Commodity broking and we are members of Multi Commodity Exchange Limited (MCX) and National Commodity and Derivative Exchange Limited (NCDEX).
In our constant efforts of providing good and cost effective service to our clients we decided to add online trading to our long list of services and have created this web site and named it as www.kotakcommodities.com. Our web site shall provide you with a wide variety of online information and services with respect to Commodity investments including contents and applications which could either be general and or personalized in nature. In order to keep our standards we maintain, manage and operate our web site along with a team of dedicated and specialized institutions and corporations who are associated with us either as affiliates, agents, associates and or subsidiaries.
Any person can use and participate in our web site as long as he or she is a major i.e. attained the age of 18 years and capable of entering into a legal contract as per the laws in India.
On your registering with our web site and or accessing and or transmitting any data and or information, or otherwise participating and or using our web site in any manner, would indicate that you have understood, appreciated and accepted the rights and obligations voluntarily, that would, there after exist between us, in totality and without any modification to the contents contained herein. We in order to protect yours as well as our interests and security may require to alter and or amend the rights, limitations and obligations contained herein without any notice and or advise to you. Hence we advise and recommend that you check this web page of this web site on a regular basis.
Through this web site you would be linked to other web sites, web pages and or offers which would require you to understand and accept additional rights and or obligations in order to participate. Such additional rights and obligations may have been provided for in this mutual understanding but we cannot guarantee its existence in entirety, hence the same at length shall be available on those respective web site, pages and or offers that are being visited and or viewed. In the event that any of the additional rights and obligations accepted by you are ever in conflict, in whatsoever manner with your rights and obligations contained herein, then these terms shall control. Unless mentioned otherwise herein or on the respective web site and or web pages, all the rights, obligations and limitations contained herein shall supersede all previous terms and conditions. For reasons whatsoever if you may not appreciate our care and concern and the contents herein we can only advise you to, if at all, not to access or transmit any data and or information, participate and or use our web site in any manner in mutual interests.
The information provided by you, shall at all times be current, truthful, accurate, complete and updated by you regularly .The making of any false statements, non disclosure and or failure to provide timely updates of necessary information and facts would subject you to civil and criminal liabilities, penalties, non registration and or deactivation of your existing account with our web site without notice or intimation of any kind to you.
We may at times need to edit, alter and or remove any information in whole or in part that may be available on our web site and that we shall not be held responsible for all or any actions that may subsequently culminate into any loss, damage and or liability.
Under certain circumstances it may become necessary for us to disclose your personal information or to adhere to the bonafide requests of the government and or law in either case we shall be bound and shall at all times have the legal right to disclose any or all of your personal information
Please note that by submitting your personal details, you are authorising us / Kotak Commodity Services Private Ltd (formerly known as Kotak Commodity Services ltd) to call you and send promotional communication even though you may be registered under DNC.
REGISTRATIONS / ACCOUNTS HELD
In order to maintain effective control and provide good service to you, you would be permitted t to maintain ONLY ONE account with us at all times, unless a previous registration and or account of yours has been deactivated, invalid, inoperative or otherwise. Failure on your part to disclose such information shall make you liable for having your account deactivated and or be liable to be prosecuted under the civil and criminal procedures of law.
USER NAME & PASSWORD
As part of the registration process, you will be asked to select a User Name and Password for accessing our services on this website. We reserve the right at our sole discretion to refuse to grant you a User Name if the username is fictitious, or an impersonation of someone else, illegal, protected by a trademark, copyright or other legal proprietary right, vulgar, obscene or offensive in any way, or may cause confusion to other members of the website Site. You agree not to provide or make known your User Name, Password or e-mail address to any other person for the purpose of facilitating such person's access and unauthorized use of this website.
You shall be the only authorized user of this website through your User Name and Password. You also agree that you shall be solely responsible for all messages posted, statements made, or acts or omissions that occur within this website through the use of your User Name and Password. If you allow third parties to access this website through your User Name and Password, you will defend and indemnify us its our affiliates and any independent contractor engaged by us to assist in monitoring our website, against any liability, costs or damages arising out of claims or suits by such third parties based upon or relating to such access and use. If you believe someone has used your Password without your authorization, or has, in your judgment, violated these Terms and Conditions, you should notify us immediately.
We wish to caution you that we have no control over the handling of personal information or endorse the content, messages or information provided by the link sites available on or through our web site which compels us to disclaim any liability with regard to any actions resulting from your participation in any linked site.
Limitation of Warranties and Indemnification :
Our need to launch this web site has been to provide for online trading of Commodity s to our clients and also felt that it would be appreciated by you if you were to find all necessary information with respect to stocks on our web site. In order to provide you with the latest and updated information on Commodity we have associated with the best in the field who will provide their contents, products and services. All the content and or the material made available on this web site or the linked sites are provided to you "AS IS " and without warranty of any kind from us whether express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy and nor do we nor our affiliates, directors, employees, associates or other representatives, agents, and or subsidiaries endorse or take any responsibility for
The accuracy or reliability of any opinion, advice or statement made through the site or a linked site
The capabilities or reliability of any product or service obtained from a linked site, or
Make good all or part of any loss and or damage that may have been caused by the or user's reliance on any information, advice, product or service obtained from a linked site.
Hence it would be your responsibility to evaluate any inaccuracy, error, or delay in, or omission of
any such data, information, or message within our web site or (ii) the transmission or delivery of any data, information, or message; or (iii) any loss, expense, cost or damage arising from or occasioned by any such inaccuracy, error, delay, or omission, non-performance, or interruption of any data, information, or message, due either to any negligent act or omission by us or our affiliates, agents, associates and or subsidiaries , or "force majeure" (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications power failure, or equipment or software malfunction) or any other cause or circumstances beyond the reasonable control of Kotak Commodity Services Private Ltd (formerly known as Kotak Commodity Services ltd).
The information that we provide is not intended to be used by you as the sole basis for investment decisions, nor should it be construed as advice designed to meet the particular needs of an individual investor. In your interests we advise that you seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product service or other content made available to you through this web site or obtained from a linked site. Hence should you act on any information, advice and or opinion available either on our web site or those sites linked with us you will not hold us nor our directors, employees, affiliates, agents, associates and or subsidiaries or other representatives liable for making good all or any loss or damage that has emanated from adhering upon any information, advise or opinion available on all or any of the web pages of our web site or those linked with us.
You agree that neither us nor our affiliates, agents, associates and or subsidiaries and any of our respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity)arising out of or in connection with the use of our web site and or a linked site, or with the delay or inability to use the site or a linked site, even if we have been made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure, we cannot and do not guarantee continuous, uninterrupted or secure access to the internet, our web site or linked site.
Kotak Commodity Services Private Ltd (formerly known as Kotak Commodity Services ltd) provides links to these other web sites only as a convenience to you and any access by you of any other linked site shall be at your consequences. We nor our respective suppliers make any representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services, and related graphics contained on the web site for any purpose.
Further we reserve our right to disable any unauthorized links or frames and specifically disclaim any responsibility for the content available on any other Internet sites linked to us.
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 Kotak Commodity Services Private Ltd (formerly known as Kotak Commodity Services ltd) and or its affiliates, agents, associates, subsidiaries and or otherwise permitted by us 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 trade mark or other proprietary notices. For permission to use third party materials appearing on our web site, please contact the copyright owner.
Also the trademarks, logos and service marks available on our web site is an invaluable assets of Kotak Commodity Services Private Ltd (formerly known as Kotak Commodity Services ltd) and or its affiliates, agents, associates, subsidiaries and other parties, who have been authorized by us to display the same on our web site. In our endeavor to serve and protect your interests and rights, we would appreciate if you could inform us in writing at email@example.com giving all necessary details of the violation or infringement of our trademarks, logos and service marks which are either protected by us and or available on our web site. The information thus provided by you would be forwarded to our legal advisors for opinion on all or any legal recourse that can or should be adopted by us in order to protect our intellectual Property rights.
COOKIE We reserves the right to store information on a user's computer in the form of a "cookie" or a similar file and the utilization of all or any information derived there from by us.
As we are incorporated under the laws of India, you will appreciate that we can only abide and follow the laws of this land for entering and or fulfilling this Agreement between the two of us i.e you and us. For the sake of jurisdiction for all or any disputes arising out of or relating to the use of this web sites the courts in the city of Mumbai in the state of Maharashtra, shall ONLY have jurisdiction. The access and or use by you of our web site shall be deemed to be UNAUTHORIZED if the terms and conditions contained herein, in part or in full including this paragraph are not recognized and or not capable of being enforced in the country and or jurisdiction from where you have voluntarily or otherwise accessed and or used our web site in any manner. You understand and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or on account of use of our web site. We reserves the right to comply with any legal, government, court and or law enforcing authorities request, requirement and or order to provide in part and or full, any information related to our web site and or its use and or the information gathered and or collected by us, in regular course or otherwise and such an act by us shall not cause the derogation of our right with respect to this Agreement nor shall it cause this Agreement to be null, void and or violation of any terms and conditions contained herein. If at time during the existence and subsistence of this Agreement any part of this Agreement is concluded to be invalid or unenforceable by any law that may be applicable to this Agreement in India shall include, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise expressly provided herein, this Agreement, its provisions and intentions constitutes the entire Agreement between you and us with respect to this web sites of ours and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the two of us