Disclosure & Disclaimer (Proficient Equities Pvt. Ltd.)
This document lays out the Disclosures and Disclaimers that apply to the access and use of the Company/Proficient Platform (defined hereinafter) through the Website “www.proficientgroup.in” (hereinafter referred to as “Website”), its application, including any other subdomain or platform which is owned, developed, managed or operated by Proficient Equities Private Limited and/or its affiliates, (hereinafter referred to as “App”). Proficient Equities Private Limited is a company incorporated under the laws of India and registered under the Companies Act, 1956 (hereinafter referred to as “Company” or “We” or “Us” or its connotations). The Website, App and the other aforesaid subdomain or platform shall be collectively referred to as “Proficient Platform”. The words, “You”, “Your” and “User” refer to the person(s) who use and avail the services and products through the Proficient Platform Website / App and shall include both singular and plural. The term “Users” for the purposes of this Disclosure and Disclaimer shall be read as You. Any capitalised words not described herein shall have the meaning ascribed to it in the Privacy Policy and/or Terms and Conditions of the Proficient Platform. In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures. Your acceptance to these terms as laid down under the Disclosure and Disclaimer shall be considered as Your consent to use the App, the Website, platform, the services and products (collectively referred to herein as “Services”) provided by the Proficient Platform in accordance with the terms and conditions laid down by Us.
In terms with Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures. Your acceptance to these terms as laid down under the Disclosure and Disclaimer shall be considered as Your consent to use the App, the Website, platform, the services and products (collectively referred to herein as “Services”) provided by the Proficient Platform in accordance with the terms and conditions laid down by Us.
Disclosures
The Proficient Platform, including any content or information contained within it or any site linked to the Website/App, or any product or service licensed or purchased through it, 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 warranties of merchantability and fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable.
The Company or the Proficient Platform do not warrant that Your access to the Website/App and/or related Services will be uninterrupted or error-free, that defects will be corrected, or that the Website/App or the servers provided herein is free of viruses or other harmful components. Access to and use of the Proficient Platform and the information provided herein is at Your own risk and the Company or the Proficient Platform does not undertake any accountability for any irregularities, viruses or damage to any computer/mobile phone or any other electronic devices used to access the Services. We do not warrant or make any representations regarding the use of or any consequences resulting from the use of any product and/or Service purchased in terms of its compatibility, correctness, accuracy, and reliability or otherwise. You assume total responsibility and risk for Your use of the Proficient Platform and all related Services.
You agree that, except as provided under the Proficient Platform’s Privacy Policy and Terms and Conditions found on the Website, the Company and its directors, officers, employees, agents, sponsors, consultants, business partners or other representatives (‘Service Providers’) shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability or any other theory arising out of or relating in any way with the use of the Proficient Platform or in reliance of the information available on the Proficient Platform, related Services, or any products or services offered or sold or displayed on the Proficient platform, beyond or in excess of the minimum amount as prescribed under the regulatory guidelines.
The price and value of investments and the income derived from them can increase or decrease based on the exchange rates. Changes in the rate of exchange may have an adverse effect on the value, price and income from investments. The Services and investments referred to on the Proficient Platform may have tax consequences and it is important for You to bear in mind that We do not provide tax advice of any sort. The level of taxation depends on individual circumstances and such levels and bases of taxation can change. You are advised to consult a professional tax advisor in order to understand any applicable tax consequences.
We do not make any personal recommendations. The information on the Proficient Platform is provided solely to enable investors to make their own investment decisions and does not constitute a recommendation to buy, sell or otherwise deal in investments. The Services We offer may not be suitable for all Users. In case of any doubts, You are advised to seek advice from an independent and certified financial adviser.
This Proficient Platform is only available to residents in India and is presently not available to foreign residents including non resident Indians (NRIs) in foreign jurisdictions where the services cannot be offered without prior regulatory compliance. The Services provided on the Proficient Platform do not constitute an offer to sale or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
You understand and agree that no joint venture, partnership, employment or agency relationship exists between You and Us as a result of the Services provided to you or on account of use of the Proficient Platform.
Price and availability of products and Services offered on the Proficient Platform are subject to change without prior notice.
Disclaimers
You acknowledge and agree that the Company has offered its Services, set its prices, and entered into this Agreement in reliance upon the limitations of liability set forth herein and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and the Company. The limitations of liability set forth herein form an essential basis of the bargain between You and the Company. The Company would not be able to provide the Services to you on an economically reasonable basis without these limitations. In all cases, Company and its directors, officers, employees, agents, sponsors, consultants, business partners or Service Providers, will not be liable for any loss or damage that is not reasonably foreseeable or beyond control or management of the Company or within control or management of external partners or third party service providers.
Our automated systems may collect and analyse data about Your browsing patterns or investment choices on the Proficient Platform to provide You personally relevant product features, such as customised search results, tailored messages, product features and advertising and this analysis occurs as the content about Your usage is collected in Our systems. Proficient Platform makes use of this data to personalise and customise Your experience on best efforts basis and urges You to make Your own investment decisions by studying and understanding the investment products. All investment decisions shall be made at Your sole discretion. Mere viewing of certain information on the App or Website does not amount to advisory.
The Proficient Platform App / Website / Services may contain links, information or pointers to other websites or services for payments, information verifications, information processing, transaction processing or other required / appropriate services, however You should not infer or assume that the Proficient Platform or the Company operates, controls, manages or is otherwise connected with these other websites. When You click on a link within the Proficient Platform, You may or may not be warned that You have left the Proficient Platform App / Website and are subject to the terms and conditions, disclaimers (including privacy policies) of another website or its partners & service providers. You are advised to read the terms of use and privacy policy of any other website before providing any confidential information or engage in any transactions. You should not rely on Our Privacy Policy, Terms and Conditions and this Disclosure and Disclaimer to govern Your use of another website. The Company / Proficient platform shall not be responsible for the content or practices of any other website even if it links to the site and even if the website is operated by a company affiliated or otherwise connected with the Proficient Platform. You acknowledge and agree that the Proficient platform is not responsible or liable to You for any content or other materials hosted and served from any website other than the Proficient Platform App / Website.
You understand and agree that all communication will be shared by Proficient Platform to Your email id and mobile number updated under communication details as a part of user profile with the Proficient Platform. In case of any change in the email id and / or mobile number at which communication needs to be shared, You shall make the necessary changes mandatorily in record with the Proficient Platform or other external entities as directed by regulations or best practices in the market. You shall confirm that the information / details provided by You is true, accurate, correct and complete on the Proficient Platform.
You understand that opening an account is subjected to correct, complete and accurate information provided for Know Your Client (KYC) verification as per the regulations applicable. The Proficient Platform will collect all necessary information from You required for KYC verification. Such KYC information will be sent to KYC Registration Agency (KRA), Proficient Platform shall not be responsible for any delay in processing the KYC request from the 3rd party agencies. The Proficient Platform shall have no control on acceptance or rejection or timelines for Your KYC information.
You understand and agree that failure to provide required documentation and information may result in rejection of KYC by the Proficient Platform or KRA or Exchanges / Depositories / CERSAI / any regulated entity, or AMC / RTA. You agree that the Proficient Platform has every right to reject the KYC application, if there is any erroneous, incomplete or misleading information provided by You or for any other reason whatsoever with / without assigning any reason or if KYC documents submitted do not comply with the KYC norms of SEBI as per regulations. The Proficient Platform or KRA or Exchanges / Depositories or CERSAI or AMC / RTA or Bank or any such regulatory organization can seek additional details for completing due diligence of the User if required as per regulations or if requested by Exchanges / Depository / KRA / CERSAI / AMC / RTA / UIDAI or any such regulatory or governing agency.
Personal Information provided by You will be used by Proficient Platform for opening the User’s account on the Proficient Platform and processing User’s KYC and will be shared with other partners like Exchanges, Depository, KRA, CERSAI, AMCs and RTAs as per the regulations or on basis of regulations & guidelines covering the products & Services availed by You. User shall be responsible for providing correct Personal Information which should match with the supporting documents or information provided for verification.
The Proficient Platform shall use the services of Unique Identification Authority of India (UIDAI) to facilitate KYC of the Users as per the prevailing regulations. The usage of UIDAI services will be governed by UIDAI terms and conditions. In case of any ambiguity or doubts, You are advised to verify / check with the department(s) and / or other source(s) including regulations from respective regulators or governing authorities or processes as defined by Exchanges, Depository, AMCs, RTAs or other entities, and / or to obtain appropriate professional advice.
Account opening form will be generated by the Proficient Platform based on the information provided by You for KYC. We shall not be held responsible or have any control over rejections made by or KRA or Exchanges / Depositories / CERSAI / any regulated entity, or AMC / RTA any KYC or regulatory bodies on the basis of information shared and submitted by You.
Transactions between You and the Company through the Proficient Platform shall be governed by and construed in accordance with the laws of India. Any litigation regarding the agreements entered into or any transaction between You and the Company or any action at law or in equity arising out of or relating to these agreements or transaction shall be filed only in the Competent Courts of Kolkata and You hereby agree, consent and submit to the jurisdiction of such courts for the purpose of litigating any such action.
The stock exchange, Kolkata shall not be answerable, responsible or liable to any User for any act of omissions or commission, errors, mistakes and/or of the Company its partners, agents associates and Service Providers etc., or for of any noncompliance of the rules, regulations, bye-laws of the stock exchange of Mumbai, SEBI or any other laws in force from time to time. The stock exchange, Mumbai shall not be answerable, responsible or liable for any information on the Proficient Platform’s Website/App or for any services rendered by Us, Our employees and Our Service Providers.
Please note that any of Your personal details; including but not limited to, registered contact number, password, login information, email ID, date of birth, bank account, address etc., is strictly not shared with any third party i.e. any non-affiliate of Proficient Platform, without Your express consent.
We or any of our affiliates, employees, agents or any Service Providers would never contact You and ask You for your personal details such as Your login information, password, Aadhaar OTP, bank account details and such other related information. Please do not provide any details to queries from calls where such information is asked by the caller who impersonates an affiliate of the Company/Proficient Platform. For reporting any such information or for further queries with regard to this, please contact info@proficientgroup.in.