Terms of Use

These Terms of Use including the Privacy Policy, and Risks (“Terms of Use”) govern the use of the website of Kalpataru platform [https://Kalpatarushares.com] (“Website”) and the services (“Services”) provided on the Kalpataru platform. By using the Website including but not limited to accessing or visiting or browsing the Website, you (“Visitor/User/Member”) indicate your acceptance to these Terms of Use and that you agree to abide by them. The Terms of Use constitute a legal agreement between you, as the user of the Website, and us, the owner of the Website. If you do not agree to these Terms of Use, please refrain from using this Website. The Terms of Use shall be considered as part of any agreement, the reference to which shall be made in that agreement, and shall be read along with the terms and conditions of that agreement. In the event of a conflict between the terms of such agreements and the Terms of Use, the terms of such agreements will prevail and govern so long as they relate to matters specifically referenced herein and this Terms of Use will apply with respect to all other matters.

Information about us and the Kalpataru platform

The Website is owned and operated by Kalpataru Shares & Stock Broking Private Limited (“we/us/our”). We have been incorporated under the Companies Act, 2013 under CIN U93000WB2014PTC200823 having its registered address, 16/1A,BRITISH INDIA STREET 3RD FLOOR, ROOM NO. 301 , KOLKATA, West Bengal, India - 700069.

The Kalpataru platform enables private companies to display their business performance and sell their shares off the Website and facilitates potential investors to decide regarding investing in such ventures. The Website also provides the private companies and the potential investors with such other information and service as are necessary or incidental to the principal activity described here, such as Tax & Regulatory, Debt Facilitation, ETC.

Access to the Website

By accessing the Website, you agree to these Terms of Use and the Privacy Policy set out. The access to certain sections of the Website is conditional upon our acceptance of you as a “member” or ‘issuing company’ or ‘issuer’ on the Kalpataru Website. We reserve the right to withdraw or amend the Services being provided to you through the Website without any notice. We will not be liable if for any reason our Website is not available to you at any period of time. Further, we have the right to restrict your access to the whole or part of the Website.

Kalpataru reserves the right to make modifications and alterations to the content of the website. Users are advised to use the data for the purpose of information only and rely on their own judgement while making investment decisions. The investments discussed or recommended may not be suitable for all investors. Kalpataru does not warranty the timeliness, accuracy or quality of the electronic content.

The data feed for the website is sourced and curated using automated algorithms from various data sources. The comments and opinions are based on automated formulas. These are prone to errors of automation. We are not responsible for the accuracy, reliability, performance, completeness, comprehensiveness, currentness, functionality, continuity, timeliness of the information, data or for any content available.

Though we make the best efforts for accuracy; the materials appearing on Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Site are accurate, complete or current. We may make changes to the materials contained on Site at any time without notice. However we do not make any commitment to update the materials.

All rights that are not expressly granted to you are reserved under these Terms of Use.

Linked Websites

You may be able to access and view third-party websites through this Website. The links are provided for your convenience only and may not be updated at all times.

We do not endorse, review, control, or examine third-party websites and we are not responsible for any content posted on such third-party websites. You understand that the inclusion of links on the Website is not intended as an endorsement or recommendation of any linked website or content of such website.

You agree that your access to any third-party website is governed by the terms of use of that website, and has no relation to the Terms of Use of the Website. You agree and understand that it is your responsibility to comply with the terms and conditions of that website as well.

Disclaimers and Limitation of Liability

You agree and understand that the use of the Website is at your own risk. The Website is being made available to you on an “as is” and “as available” basis without providing any warranties, guarantees, or conditions as to the usage being free from any faults, defects, interruptions, errors, viruses, or to the accuracy, reliability, availability of content. You agree and understand that we shall not be responsible for any interference or damage that may be caused to your computer resource which arises in connection with your access to our Website.

You also agree and understand that the information displayed on the Website is for information purposes only and does not amount to any advice.

To the extent permitted by applicable law, we disclaim our liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect, deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records, whether due to breach of the contract, negligence, tort or due to other cause of actions.

Further, we shall not be responsible for any loss of profits, goodwill, revenue, consequential, exemplary, punitive damages or any financial or indirect loss.

You further acknowledge and agree that we shall not be responsible for any defamatory, offensive, or illegal conduct of third parties on our Website, including users and operators of third-party websites. Further, we shall not be responsible or be held liable for any inaccuracy, delay, omission or defect, transmission or delivery of any third-party data or any loss or damage arising from (i) any inaccuracy, error, delay, or omission of transmission of information; (ii) non-performance by any third-party; or (iii) interruption caused due to any third party due to their negligent act or omission any other cause, not beyond the reasonable control of us.

Indemnity

You hereby agree to indemnify and hold us harmless from and against any loss, damage, expenses, liabilities, or claims arising out of or in relation to your failure to comply with the Terms of Use or any misstatement or breach of any representations or warranties made by you under the Terms of Use or under any conditions on the Website accepted by you.

Governing Law and Dispute Resolution

Governing Law: The Terms of Use shall be governed by and construed in all respects in accordance with the laws of India and subject to Clause 11.3 below, the courts of Kolkata shall have exclusive jurisdiction.

Informal Dispute Resolution: The Parties agree to attempt to resolve all disputes arising hereunder, promptly and in good faith and in this regard, each Party shall each designate in writing to the other Party, a representative who shall be authorized to negotiate and resolve on its behalf any dispute arising under these Terms of Use. If the designated representatives of each of the Parties are unable to resolve a dispute under the Terms of Use within 30 (thirty) days after notice of such dispute shall have been given by either of the Parties to the other, then either Party may require that such dispute be determined and resolved by arbitration.

Arbitration: Subject to Clause 11.2, any dispute or claim under the Terms of Use shall be referred to and finally and exclusively resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The arbitration shall be held at Mumbai and all proceedings in any such arbitration shall be conducted in English. There shall be 3 (three) arbitrators (“Arbitrators”), all of whom shall be fluent in English. Within thirty 30 (thirty) Days of the reference of the dispute to arbitration, the Party raising the dispute and making the reference to arbitration shall appoint one Arbitrator and the other Party shall appoint the other Arbitrator. The third Arbitrator shall be appointed by the 2 (two) appointed Arbitrators. The arbitral award shall be final and binding upon the parties. The Parties shall equally bear the costs and expenses for the conduct of the arbitration proceedings, however; each Party shall bear their own legal expenses.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.