Welcome to the Valuesense Analytics Terms of Use agreement. For purposes of this agreement,
“Site” refers to the Company’s website, which can be accessed at https://www.valuesense.in/
“Service” refers to the Company’s services accessed via the Site or App, in which users can view data analytics about specific Stock Markets in India.
The terms “company”, “we,” “us,” and “our” refer to the Company, Valuesense Analytics
“You” refers to you, as a user of our Site or our Service.
The following Terms of Use apply when you view or use the Service via our website or by accessing the Service by clicking on the application on your mobile device.
Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.
(1) PRIVACY POLICY
Valuesense Analytics respects the privacy of its Service users. Please refer to Valuesense Analytics’ Privacy Policy (found here: https://www.valuesense.in/privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.
(2) ABOUT THE SERVICE
The Service provided by Valuesense Analytics allows you to view data analytics about Stock Markets in India, particularly BSE & NSE.
(3) REGISTRATION RULES FOR USER CONDUCT AND USE OF THE SERVICE
You must be at least 13 years old to register for and use the Service.
If you sign up for the Service, you will create a personalized account with a unique username and password to access the Service and receive messages from Valuesense Analytics. You agree to immediately notify us of any unauthorized use of your password and/or account. Valuesense Analytics will not be responsible for any liabilities, losses, or damages arising from unauthorized use of your account credentials.
(4) USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following use, posting, and conduct restrictions:
You agree that you will not, under any circumstances:
(5) TERMS TO CREATE A USER ACCOUNT
(5.1) User Creation
To create a user account with Valuesense Analytics, you must provide a valid email address and optionally a mobile number during the sign-up process. It is your responsibility to maintain the privacy and security of your account, and Valuesense Analytics will not be held liable for any damage or loss resulting from your failure to protect your login information, including your password. Valuesense Analytics may communicate with you via email, SMS, WhatsApp, or other communication modes regarding your account, system updates, or other issues related to your account or use of the Service.
As a user, you are solely responsible for all content posted and activity that occurs from your account, even if it is posted by a third party to your account. You agree that you are solely responsible for the user content that you post, upload, link to, or otherwise make available via the Service or its associated channels, such as Facebook, WhatsApp, or any other platform used by Valuesense Analytics for brand promotion or support activity.
You acknowledge that Valuesense Analytics is only acting as a passive conduit for your online distribution and publication of your user content. However, Valuesense Analytics reserves the right to remove any user content from the Service at its sole discretion. By transmitting and submitting any user content while using the Service, you agree to the following:
(5.2) User Deletion
You are solely responsible for managing the lifecycle of your account, including removal.
Once you have created a user account, it would remain active until you actually choose to delete your account.
Only the authorized user would be allowed to place a deletion request by logging in to the user profile and submitting a request for deletion.
Upon successful email verification (through registered email address) of the deletion request, the deletion would happen in our system immediately.
Deleting your account is IRREVERSIBLE & FINAL, so unfortunately, you can’t get it back. We do that for your security and to protect your private information.
If at a later stage, you realize that you’ve deleted your account by mistake or changed your mind, you’ll need to register for a new one with a different email address.
In the Deletion process, we delete the user profile, user preferences, account activity, account leads & device information. We DO NOT delete the registered email address (unique identifier for all records), any account purchase & transaction data, as it is required for financial accounting & audit purposes.
After account deletion, the user won’t receive any email/ SMS/ WhatsApp/ communications from us any further, barring some administrative & purchase-related messages which are important in nature.
As part of our Data Backup procedures, some of the (deleted) user data might keep residing in the backup systems, but these data are just for disaster recovery purposes and no one has access to this data for any processing. Over a period of time, such data gets overwritten by newer sets of data & eventually such user data would get removed from backups too.
To avoid any unauthorized access (due to caching of data on browsers & app), you are advised to clear your browser cache & uninstall the app from your device immediately after completion of the deletion activity.
In rare cases, we reserve the right to delete a rogue user account or take action on an account as required by the law.
(7) INVEST VIA BROKERS
(7.1) We may provide the facility to our registered users to invest via different brokers. Using this facility, users can execute BUY and SELL transactions in Cash Market through the respective broking platforms directly or via gateways.
(7.2) The Valuesense Analytics Platform is not a trading terminal, and the execution of the trade happens on the broker’s platform.
(7.3) This is an add-on facility that we provide to ease your process of placing an order with your broker. The company will not be responsible in any manner whatsoever for the losses, profits, revenues, financial losses, lack of connectivity or indirect, special, consequential, exemplary, or punitive damages while using the Invest option in the Application. The company will not be held liable for any expense, loss or damage that is not reasonably foreseeable.
(8) FRAUDULENT ACTIVITY
We strongly discourage you from availing any service, including promotional offers and discounts, from individuals or entities that may be pretending or masquerading as Valuesense Analytics representative/partner/affiliate (hereinafter referred to as “actors”) in any manner or otherwise, as this is not endorsed or permitted by the company and you run the risk of fraud by indulging in the same. We are not responsible for any activity or transactions that you undertake with such fraudulent actors, and we are not liable for any charges/payments that you might have paid to them.
(9) ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service, nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to users.
Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful, or malicious. Valuesense Analytics shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State, and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us through this email address: connect@valuesense.in.
(10) LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide you with convenient links to third-party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software, or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software, or Content, or the promotions, materials, information, goods, or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software, or Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk, and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
(11) INTELLECTUAL PROPERTY
You acknowledge and agree that Valuesense Analytics and its licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. Valuesense Analytics reserves all rights that are not expressly granted to you under these Terms of Use.
(12) EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to Valuesense Analytics, the Service, or any of its officers, employees, agents, or representatives in any situation where legal notice is required by contract or any law or regulation.
(13) USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from Valuesense Analytics in an electronic form via SMS, email, WhatsApp, Telegram, or other means of communication you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Valuesense Analytics provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Valuesense Analytics may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such emails by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to connect@valuesense.in. Opting out may prevent you from receiving messages regarding the Site, the Service, or special offers.
(14) WARRANTY DISCLAIMER
Valuesense Analytics disclaims all warranties, express or implied, at law or in equity, including without limitation the implied warranties of merchantability or fitness for a particular purpose, except to the extent that any warranties implied by law cannot be validly waived.
(14.1) PERFORMANCE WARRANTY
Valuesense Analytics makes no representations or warranties that the software will operate uninterrupted or error-free, or that it will be free from minor defects or errors that do not materially affect performance, or that the applications contained in the software are designed to meet all of users’ business requirements or any governmental regulatory or legal requirements, and disclaims all warranties with respect thereto in accordance with this clause.
(14.2) INFORMATION WARRANTY
Valuesense Analytics does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse in any way, the views, opinions, or recommendations expressed in the information made available on the Service.
There could be features (existing or in the future) which might be based on how we receive information from various proprietary sources that provide financial information feed. Such data feed might consist of Stock Market data, Equity, Derivatives, IPOs Commodities, Currency, Mutual Funds, Corporate Announcements, News, Other Markets, Company Information – Historical, Real-time, and End of the Day, etc. Valuesense Analytics does not guarantee the accuracy, completeness, or timeliness of this data and therefore all features are implemented on a best-effort basis.
The Information is not investment advice and does not advocate the purchase or sale of any security or investment by you or any other individual. The Information is not intended to provide tax, legal, or investment advice. The Information does not constitute a solicitation by the information providers, Valuesense Analytics, or others for the purchase or sale of securities.
(15) LIMITATION OF DAMAGES
Under NO circumstances shall Valuesense Analytics, its licensors, partners, or any of its associated companies be liable to the subscriber or any other person or entity for an amount of damages in excess of the paid Subscription fees, or be liable for any amount for special, incidental, consequential, or indirect damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or exemplary or punitive damages.
Thus, the maximum liability of Valuesense Analytics towards any customer can be an amount of the Subscription fee only, excluding the Renewal/Subscription fees collected over the years, for any loss suffered by the Customer due to Valuesense Analytics’ negligence or lack of diligence, and Valuesense Analytics’ liability will be zero if any loss is suffered by the Customer due to any other reason beyond the control of Valuesense Analytics. The risk of running and using the Service shall be solely borne by the Customer.
It is expressly understood and agreed that each and every provision of this agreement which provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended by the parties to be severable and independent of any other provision and to be enforced as such.
This clause shall survive termination of this Agreement.
(16) MODIFICATION OF TERMS OF USE
Valuesense Analytics can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.
(17) GENERAL TERMS
(17.1) Your use of the service, including any content, information, or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of our Services.
(17.2) Valuesense Analytics makes no warranties regarding (i) your ability to use our Services, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free, (iv) the accuracy of analytics performed by the Service, and (v) that bugs or errors in the Service will be corrected.
(17.3) Valuesense Analytics, its partners, agents, affiliates, and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to your use of our Services, irrespective of whether you are a user of the Free Version or Paid version. Your sole remedy for dissatisfaction with our Services is to STOP using it.
(17.4) Failure of Valuesense Analytics to exercise any of its rights provided herein shall not be deemed to be a waiver of any such right unless such waiver has been expressly given in writing. This latest version of Terms of Use sets forth the entire understanding between you and Valuesense Analytics.
(17.5) Valuesense Analytics cannot be held responsible for any business loss of a customer for any reason whatsoever, including software failure, delay in implementation, or in technical support, etc.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
(18) GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with Indian law without reference to its conflicts of law principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of India and state courts of the State of West Bengal for the purpose of resolving any dispute relating to your access to or use of our product and/or services. This clause shall survive termination of this Agreement.