Terms & Conditions (Proficient Equities Pvt. Ltd.)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE, APP AND/OR PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS, PRIVACY POLICY AND OTHER POLICY DOCUMENTS AVAILABLE THROUGH LINKS OR SENT INDIVIDUALLY.

Proficient Equities Pvt. Ltd, a Company incorporated under the Companies Act, 1956 having CIN:U65990WB2007PTC259260 (“Company”, “We” or “Us” and their connotations) operates websites (URL: www.proficientgroup.in and www.proficientequities.com ) and Web application called KeenTrade (together called as “Proficient Platform/Platforms”). Our Platform and Third party Platforms like BOLTPlus On Web – BOW, Odin, KeenQuant etc. primarily are engaged in the service of offering online platform for carrying out trade transactions that collects personal data or information to process Users (defined hereinafter) financial and non-financial transaction requests.

These terms and conditions (“Terms”) describe the terms on which the Company grants Users access to the ProficientPlatform including Third party Platforms like BOLTPlus On Web – BOW, Odin etc. (hereinafter referred to as “Services”) and shall be read with the privacy policy available on www.proficientgroup.in or www.proficientequities.com and other associated websites of the respective platforms. The users of the Proficient Platform are herein referred to as “You”. The term “Users” for the purposes of these Terms shall be read as You.

Proficient Platform shall through its website / app provide investment information and execution services. The Proficient Platform shall use the information You provide about your investment and risk assessment to make investment recommendations to You in the form of one or more suitable exchange-traded securities available on the platform for trading or investing. The advice or information that is visible on the Proficient Platform would be prepared on the basis of information available with the Proficient Platform, including data which it receives from the 3rd Parties and also based on our understanding of assessing risk and suitability in line with your objectives, profile, and requirements as per the details / information provided by You.

The information on the Proficient Platform is provided solely to enable Users 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 certified financial adviser. You agree that all investment and disinvestment decisions made using any information provided on the Proficient Platform shall be based on your own evaluation of the financial circumstances. Mere viewing of certain information on the Platform, Application or Website does not amount to advisory. You are also advised to check for accuracy of information displayed on the Proficient Platform, as Proficient Platform takes no responsibility towards the accuracy of the same, and all information and Services provided to You are on the best-efforts basis.

These Terms shall apply fully to your use of the Proficient Platform. By using the Proficient Platform, You agree to accept all terms and conditions written here. You must not use Proficient Platform or any Third Party Platforms provided through Proficient with the intent to provide Proficient services, if You disagree with these Terms.

In consideration of your use of the Proficient Platform, You represent that You are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Proficient Platform’s registration form or any information provided by You by other means of communication. Minors or people below 18 years old are not allowed to use this Platform and any person below the age of 18 years availing the Services shall be deemed to be an unauthorised user.

Licence to Use

Company hereby grants You the limited right to access, view and use the Proficient Platform only for the purposes of carrying out online trades and transactions. Any rights not expressly granted to You herein are reserved to the Company.

Opening and Operation of the Online Account

Registration to the Proficient Platform is subject to the satisfactory completion of the registration form and submission of all mandatory documents and valid Permanent Account Number (“PAN”) and its subsequent verification and KYC Registration Agency (KRA) verification. The Proficient Platform can be activated for KRA verified investors only. Accordingly, while enrolling for the Proficient Platform registration, your KRA verification process will be checked and You shall provide a copy of a valid PAN and proof of completion of Know Your Client (“KYC”) through SEBI approved KYC Registration Agency (KRA Agency) or other details as may be prescribed from time to time and these details shall get verified with KRA. Online account opening using Aadhaar Card (“Aadhaar”) is currently available only for residents of India opening accounts for an individual (HUFs, corporate bodies, NRIs, etc., shall not be eligible for online Platform but can be done by contacting Proficient through support channels). When opening an account online using Aadhaar data will be fetched from the KYC database or Digilocker/ API setu services and cannot be edited. Once it is ascertained that the investor is KRA verified your Proficient Platform account will be activated. The account can be operated using your Proficient Platform user id and password or stated otherwise. Subject to the applicable laws and regulations effective from time to time, User will be allowed to avail or use the fully-operational Services only when the User completes the KYC, investment readiness and information verification process and provides the complete personal information in accordance with the Know Your Client (“KYC”) guidelines issued by the Securities and Exchange Board of India (“SEBI”), Stock Exchanges, Depository Service Providers, Clearing Corporations, KYC Registration Agency (KRA), Authorised Registrar and Transfer Agents (“RTAs”), Asset Management Companies (“AMCs”), or any other regulatory / government agencies or authorities from time to time. Proficient Platform may use your personal data in order to provide services to You, your personal information may be processed by or transferred or disclosed to and / or by third parties like SEBI/NSE/BSE/MCX/AMC’s, RTA’s, statutory bodies or agencies, relevant banks or 3rd party service providers & partners wherever necessary to enable Us to provide Services to.

Restrictions

You must comply with the laws that apply to You in the location that You access Company’s Services from. If any laws applicable to You restrict or prohibit You from using the Services, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. You promise that all the information You provide to the Company on accessing and/or using the Services is and shall remain true, accurate and complete at all times.Proficient shall not be responsible for non-execution/delay in execution of orders in scripts consequential opportunity loss or financial loss to the customer through online platforms or through the service of call and trade.

Notwithstanding anything, You are specifically restricted from all of the following:

• Publishing any Proficient Platform’s material in any other media;
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
• Selling, sub-licensing and/or otherwise commercialising any Proficient Platform material;
• Publicly performing and/or showing of any Proficient Platform’s material without the Company’s prior written consent;
• Interfering or disrupting networks or web sites connected to the Proficient Platform/website;
• Using the Proficient Platform in any way that is or may be damaging to the Proficient Platform;
• Using the Proficient Platform in any way that impacts other Users to access to the Proficient Platform;
• Using the Proficient Platform in anyway contrary to applicable laws and regulations, or in any way which may cause harm to the Proficient Platform, Us or to any other person or business entity;
• Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Proficient Platform;
• collecting or storing any personally identifiable information from the website / product or services from other users of the website / product or services without their express permission.
• using the Proficient Platform to engage in any advertising or marketing.

Certain areas of the Proficient Platform are restricted from being accessed by You and We may further restrict access by You to any areas of the Platform, at any time, in absolute discretion. Any user ID and password You may have for this Platform are confidential and You must maintain confidentiality as well.

Programmes and Initiatives

Proficient Platform may from time to time have programmes to promote engagement and education among Users. Proficient Platform run/may run initiative(s) where Users participating successfully, shall be awarded through more features, recognition or any other award decided by Proficient Platform subject to the terms of the programme. Similarly, the Proficient Platform encourages Users to refer their friends and family to begin investing with the Proficient Platform. In all such cases, the Proficient Platform reserves the absolute right to change, withdraw, modify or suspend a part of or an entire programme / initiative, without any prior notice to any such User. The Company’s decision on any condition of how any such initiative or programme shall operate would be final. When You visit the Proficient Platform, You may see advertisements from third-party advertising companies regarding their products and services. These third-party companies may use certain information (but not including your Personal Information) such as the information about your visits to the Proficient Platform and other websites in order to provide advertisements customised to your preferences about goods and services. These display advertisements on the Proficient Platform will include financial or non-financial, products or services, owned and managed by group/affiliates of Proficient Platform or others, but are not limited to advertisements from any financial institutions about their products or from regulatory bodies to promote investor awareness.

Initial Public Offer and Application/Bidding for Initial Public Offer

You understand and acknowledge that all applications and biddings for Initial Public Offer (“IPO”) shall be made through Applications Supported by Blocked Amount (“ASBA”).You shall provide an authorization to the Self-Certified Syndicate Bank (“SCSB”) to block the application money in your bank account, for applying /bidding for IPO. You have read all terms/conditions laid down by SEBI from time to time while applying through ASBA. You hereby understand and accept that the ASBA route of applying/bidding for the IPO is being provided by the company having the IPO in affiliation with the affiliated bank. You/We hereby agree that under the ASBA route, You/We will be able to bid at cut off rate as well as within the prescribed price band and You/We will be able to bid for an amount as applicable from time to time. You/We hereby understand that under the ASBA route, You/We will be able to revise as well as withdraw our bid during the bidding period. Retail individual investors can only withdraw ASBA bids. During the bidding period You can approach the same bank to which You had submitted the ASBA and request for withdrawal through a duly signed letter citing your application number, while, post the bid closure period, You may send withdrawal request to the registrar to the issue before the finalisation of basis of allotment, who will cancel the bid and instruct SCSB to unblock the application money in the bank account after the finalisation of basis of allotment. However, non-retail investors i.e. qualified institutional buyers and non-institutional investors are not eligible to withdraw their bids at any time. You/We hereby authorise the company having an IPO to instruct the affiliated bank to block your/our bank account maintained for the purpose of executing transactions in respect of, with the full amount of the bid application. In case of upward revision additional lien will be marked to the extent of incremental amount, however in case of downward revision of bid differential money blocked earlier will not be released. Such an amount if any will be released after allotment. The amount so blocked will be debited from the said bank account only at the time of allotment. Until allotment, the amount will remain blocked in the said bank account and that the blocked amount will not be available for use. The blocked amount will be released after allotment, to the extent of unsuccessful allotment. You hereby undertake that You have read the red herring prospectus of the company having the IPO, fully understand the risks involved and are an eligible bidder as per the applicable provisions of the SEBI / Exchanges.

Intellectual Property Rights

Other than the content You own, under these Terms, We and/or our licensors own all the intellectual property rights and materials contained in the Proficient Platform. You agree not to remove, obscure, or alter the Proficient Platform’s or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the app / website / Service. Except as expressly authorised by Proficient Platform, You agree not to sell, licence, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the materials. The Proficient Platform reserves all rights not expressly granted under these Terms.

Refund Policy

Client may place a refund request with the Customer support team along with the payment details like the Card / Bank Account Number, Transaction Number, etc. and confirmation from the banking partner with respect to receipt of such payment from you. Once your Trading and Demat account is opened any payments made thereafter will be credited towards your account and there shall be no refunds. To withdraw any amount from such account you may place withdrawal request through the App or the Web or through Proficient authorised and legitimate support channels.

Disclaimer

The Proficient Platform and the Services provided are on an “as is,” basis. The Company, its licensors and affiliates make no representations or warranties of any kind (express, statutory or implied) as to the operation of the Proficient Platform, provision of Services or the information, content, materials, or products included on the Proficient Platform, or in association with the Services or any third party websites or services. The Company will not be held responsible for any unethical, illegal acts performed by the Users and the action of each of the Users shall be their own responsibility solely. The Company disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality of service and fitness for a particular purpose and shall not be responsible for any loss of data, loss of profits or any kind of misuse (statutory or otherwise) by any of its Users individually or during their interaction with each other. You understand and agree that if You use, access, download, or otherwise obtain information, materials, or data through the app / website / Service, the same shall be at your own discretion and risk and that You will be solely responsible for any damage to your property (including your computer system and / or other device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of these Terms. You also understand and agree that the Company shall ensure the availability and access to the Proficient Platform, its products and Services on best-effort basis, and the uptime / availability of the Proficient Platform will be dependent on uptime / availability from exchanges, connectivity service partners, Internet Service Providers (ISPs) and telecom service providers. However, it can be limited due to software and hardware availability and functionality also. You agree & confirm that if your mobile number is registered in the Do Not Disturb (“DND”) list of Telecom Regulatory Authority of India (“TRAI”), You may not receive any SMS from the Proficient Platform. You shall take steps to deregister from the DND list and shall not hold the Company/Proficient Platform liable for the non-receipt of SMS in the interim period. Except as provided above, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law. Use of the Service is at any persons, including a Customer’s own risk. The data and information provided on the Company/Proficient Platform is not advice, professional or otherwise, and should not be relied upon as such. Neither the information, nor any opinion contained in this Website constitutes a solicitation or offer by Company/Proficient Platform to buy or sell any of the commodities, futures, options or provide any investment advice or service. Company/Proficient Platform or their employees have or may have an outstanding buy or sell position or holding in the commodities , options on commodities or other related investments of issuers and companies mentioned herein. The investments discussed or recommended in the market analysis, research reports, etc. may not be suitable for all investors. Investors must make their own investment decisions based on their specific investment objectives and financial position and using such independent advisors as they believe necessary. Information herein is believed to be reliable but Company/Proficient Platform does not warrant its completeness or accuracy. The content of the articles and the interpretation of data are solely the personal views of the contributors and do not in any way reflect the views of the Company/Proficient Platform. Users are advised to peruse the articles and other data in the Website only as information and to rely on their own judgement when making investment decisions.

Company/Proficient Platform along with its directors, employees, associates or other representatives and its Affiliates along with its directors, employees, associates or other representatives shall not be liable for damages or injury arising out of or in connection with the use of the Company/Proficient Platform or its non-use including non-availability, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property (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 other theory arising out of or relating in any way to the Website, site-related services, or any products or services and claims of third parties damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information, whether resulting, in whole or in part, from or relating to any of the services offered or displayed by Company/Proficient Platform on the Website. Company/Proficient Platform makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content on the Website. Company/Proficient Platform shall not be responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The links being provided to the Customer are only for convenience, and the inclusion of any link does not imply endorsement by PCPL of the site, or its content or the sponsoring organisation. By providing access to other websites, Company/Proficient Platform is not recommending the purchase or sale of the commodities issued by it nor is it an endorsement of services provided by its sponsoring organisation.

Limitation of liability

In no event shall the Company, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of the Proficient Platform, whether such liability is under contract. The Company, including its officers, directors and employees shall not be held liable for any direct or indirect, consequential or special liability arising out of or in any way related to your use of the Proficient Platform.

Indemnification

You hereby indemnify to the fullest extent the Company and its officers, directors, employees and agents from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way or related to: (i) Your use or misuse of the Services / app / website; (ii) any violation by You of these Terms or applicable laws; or (iii) any breach of the representations, warranties, and covenants made by You herein; or (iv) any act, neglect, misconduct or fraud on your part; or (v) sharing and or disclosing the information disclosed hereunder. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company, including rights to settle, and You agree to cooperate with the Company’s defense and settlement of these claims. Company will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

The Company is permitted to revise these Terms at any time as it sees fit, and while using the Proficient Platform You are expected to review these Terms on a regular basis. The revised Terms shall be made available on the Website/Proficient Platform. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going forward basis with respect to your use of the Proficient Platform, availing the Services or for payment transactions initiated through the Proficient Platform after the posting date. If You do not agree with any such change, your sole and exclusive remedy is to terminate your use of the app / website / Service.

Assignment

The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, You are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms read along with our Privacy Policy constitute the entire agreement between the Company and You in relation to your use of the Proficient Platform, and supersede all prior agreements and understandings.

Termination

Company may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms. You agree that any termination of your access to the website and / or the app or any account You may have or portion thereof may be effected without prior notice, and You agree that Company will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have under law or in equity. Upon termination for any reason, you agree to immediately stop using the Proficient Platform’s app / website / Service. You may also terminate these Terms with the Company by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination. Such termination requests can only be initiated when (i) the portfolio value of the User is Zero, and (ii) there are no monies due to the Proficient Platform from the User. You understand that the Company and Proficient Platform are subject to operate under various guidelines from the regulatory / government agencies beyond these Terms & Conditions, its privacy policy, and the rest; hence the termination of usage of the account might not necessarily result in the deletion of personal information and data provided by You to the Company.

Force Majeure

Company/its authorised representative and its service providers shall not be liable for any failure to perform any of its obligations or service standards etc.if the performance is prevented, hindered or delayed by a Force Majeure Event (“Force Majeure Event”), which includes any event due to any cause beyond the reasonable control including, without limitation, unavailability of any communication system including internet, breach or virus in the processes or payment mechanism, sabotage, fire, flood, explosion, acts of God, pandemic, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, breach of security and encryption codes.

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the Arbitration and Conciliation Act 1996, or such similar laws of India, which are not in conflict with each other. Such shall be subjected to the exclusive jurisdiction of the competent courts of Kolkata, India.

Contact

If You have any questions about these Terms, please contact us by email or postal mail on the following address:

Proficient Equities Private Limited

E-mail ID: info@proficientgroup.in

Address: BNCCI House, 23, R.N. Mukherjee Road, Kolkata 700001, India