PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY AS YOUR USE OF THE WEBSITE OR MOBILE APPLICATION IS SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS (“TERMS” / “AGREEMENT”).
BY ACCESSING OR OTHERWISE USING THE WEBSITE, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
WHILE USING THE WEBSITE, YOU MAY BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO THE WEBSITE. BY USING OR ACCESSING THE WEBSITE, YOU DE-FACTO AGREE TO THE FOLLOWING TERMS.
THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY WHILE USING THE WEBSITE AND SHALL GOVERN THE COMPANY’S RELATIONSHIP WITH YOU IN RELATION TO THE USAGE OF THE WEBSITE, PLATFORM AND SERVICES. BY USING OR ACCESSING THE WEBSITE OR PLATFORM OR AVAILING THE SERVICES, YOU DE-FACTO AGREE TO THE FOLLOWING TERMS EITHER IN YOUR INDIVIDUAL CAPACITY OR AS AN AUTHORISED REPRESENTATIVE OF A THIRD PARTY. IN FURTHERANCE OF THE FOREGOING, YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THIS AGREEMENT. YOUR USE OR ACCESS TO THE WEBSITE, PLATFORM AND ANY REGISTRATION ON KUNJI RESEARCH SHALL BE DEEMED TO BE YOUR CONSENT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT MOODRAA (KUNJI RESEARCH) BEARS NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON WHATSOEVER FOR ANY LOSSES OR GAINS INCURRED IN CONNECTION WITH YOUR USE OF THE WEBSITE PLATFORM AND SHARED INFORMATION. YOU ALSO ACKNOWLEDGE AND AGREE THAT MOODRAA DOES NOT GIVE ADVICE OR RECOMMENDATIONS REGARDING INVESTING IN VIRTUAL DIGITAL ASSETS, INCLUDING THE SUITABILITY AND APPROPRIATENESS OF, AND INVESTMENT STRATEGIES FOR VIRTUAL DIGITAL ASSETS.
IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS, DO NOT USE THE WEBSITE.
Moodraa E-Platform Private Limited, (“Company” “Moodraa”; “We”; “Us”; “Our”), is the owner of the website domain hosted at www.kunjiresearch.com or mobile application for the Platform (the website and the mobile application together referred to as the “Website”). Moodraa offers a platform to keep the user updated with crypto and other digital assets news analysis, highlights, research-based analysis and other related information through its Website or mobile application known as “Kunji Research”(“Platform”or “Kunji Research”). Kunji Research acts as an investor education and awareness platform and doesn’t share financial and investment advice.
2.1. “User(s)”; “your”; “you” shall mean an individual user who has access to use the Website in order to avail the Platform and Services.
2.2. “User Account” shall mean the account on purchase of the Service(s), created for you to enable you to avail the Services through the Website.
3. SCOPE OF THE WEBSITE:
3.1. Moodraa facilitates Services that are offered through the Website.
3.3. You understand and acknowledge that your use of the Website is at your own risk and Moodraa shall not be liable for any consequences arising from such use.
4. ACCESS TO THE WEBSITE:
4.1. By accessing or using the Website, you represent and warrant that “You” are of the age of majority in the jurisdiction in which you reside. Moodraa reserves the right to terminate your access to the Website and/or refuse to provide you with access to the Website if it discovers that you are a minor.
4.2. Accessing, browsing, subscribing or any other action “You” undertake with respect to the Website does not deem to make you an agent, member, partner or affiliate of Moodraa for any purposes whatsoever.
4.3. With respect to your User Account, You agree to:
4.4. You must not set up a User Account on behalf of another individual or entity unless you are authorized to do so.
4.5. Unauthorized Use; False Information: You shall: (i) notify us immediately of any unauthorized use of your User Account or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the Website or your User Account that is known to you or suspected, and (iii) not provide false identity or information to gain access to or use the Website.
5. USE OF SERVICE(S)
5.1. Subject to these Terms, you are hereby granted a fixed-term, non-exclusive, limited, non- transferable, revocable, non-sub licensable, license to use and access the Website, Platform and Services for your personal, non-commercial use only and as permitted by the features of the Services in accordance with these Terms. Moodraa grants you this license as set forth in these Terms, provided that: (i) You will not copy, distribute, or disclose any part of the Services in any medium; (ii) You will not alter or modify any part of the Services without prior written consent of Moodraa; (iii) You agree not to sell, license, rent reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any Services and (iv) You will otherwise comply with these Terms.
5.2. Nothing herein contained shall be construed as granted to you any intellectual property right, which includes copyrights, regarding the Website and/or Services except as expressly provided for hereunder. Moodraa reserves all rights not expressly granted herein. Use of the Website for any purpose not expressly permitted by these Terms is strictly prohibited.
5.3. Moodraa does not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own appropriate virus protection software. You must not misuse our Website by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. Moodraa will report any breach of this term in our discretion to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
6. USER ACCOUNT SECURITY:
6.1. You will be responsible for maintaining the confidentiality of User Account and are fully responsible for all activities that occur under User Account. You agree to immediately notify Moodraa of any unauthorized use of your User Account or any other breach of security. Moodraa cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
6.2. You agree to use the Website only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Website by Moodraa or other Users.
6.3. You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by Moodraa. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Moodraa property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
7. PAYMENT TERMS:
7.1. The website kunjiresearch.com doesn’t ask for money or subscriptions for any of their services and information.
8. CONTENT ON WEBSITE:
8.1. The Website content is provided for general information only.
8.2. Although Moodraa takes reasonable efforts to update the Website content, Moodraa makes no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
8.3. Moodraa shall not be held liable under any circumstances including, but not limited to: any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, liability, claims or omission of information or details posted, or any link accessible or made available through this Website. Moodraa reserves the right to modify the Website content at any time. You agree that such modified content shall be binding upon you, and you agree to abide by the same. You agree that you are solely responsible for your use of the Services made available through the Website, and Moodraa shall not be responsible and/or liable for any consequences arising from such use.
8.4. The content does not constitute financial or investment advice. Any financial or investment related questions should be promptly directed towards your financial or investment adviser. You should consult with a financial or investment adviser prior to your use of the Website and the Services. The content, including but not limited to all financial market analysis and predictions, text, photographs, images, graphics, audio, video, and other materials, along with any and all content and third party content, is not intended to be, and should not be used in place of: The advice of a financial or investment adviser; or a consultation, call, or visit with a financial or investment adviser. The content should not be used for long-term financial planning. You should not disregard, or delay in seeking, financial advice from a financial or investment adviser as a result of any of the content. YOUR TRANSMISSION AND RECEIPT OF THE CONTENT, IN WHOLE OR IN PART, OR YOUR COMMUNICATION WITH MOODRAA AND THE SERVICES THROUGH THE INTERNET, EMAIL, OR ANY OTHER MEANS DOES NOT CONSTITUTE OR CREATE A FIDUCIARY RELATIONSHIP BETWEEN MOODRAA AND YOU.
9. THIRD PARTY LINKS
10.1. The Website may contain third party advertisements. The display of such advertisements does not in any way imply an endorsement or recommendation by Moodraa of the relevant advertiser or the merchant, its products or services.
10.2. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its products and/or services. Moodraa accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
11. OWNERSHIP OF INTELLECTUAL PROPERTY:
11.1. The Website and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Website are owned by Moodraa and its affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained in this section shall be deemed to grant you any rights to the intellectual property rights contained in the Website.
11.2. Moodraa respects copyright, and prohibits you from submitting, uploading, posting, or otherwise transmitting any content or details through the Website that violates another person’s or entity’s proprietary or intellectual property rights.
11.3. If you believe that the Website contains elements that infringe your intellectual property rights in your work, please notify Moodraa immediately. If we receive any intellectual property right infringement claim notification, Moodraa may remove all such content which is indicated as infringing and/or take any other appropriate action at its sole discretion.
11.4. All material on this Website, including but not limited to information, data, charts, visual representations, audio, images, photographs, software, text, icons and such like (the “Website Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the Website content, except as specified herein.
11.5. There may be proprietary logos, service marks and trademarks found on the Website whether owned/used by us or otherwise. By displaying them on the Website we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Website content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
11.6. You may choose to, or we may invite You or any third parties to submit or you may submit or take part in testimonials, blogs, photographs, content, whitepapers, comments, newsletters, reviews, ratings about the Services, including without limitation about how to improve the features of the Website (“Feedback”). By submitting such Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Moodraa under any fiduciary or other obligation to maintain the secrecy of such Feedback, and that we are free to use the Feedback for its business purposes, without any additional compensation to You, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Moodraa does not waive any rights to use similar or related ideas previously known to Moodraa or developed by its employees or obtained from sources other than You.
12.1. Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the features, functionalities, processes, data and information regarding the Website, or other information of a confidential nature disclosed by one party to the other party under these Terms, in any form (“Confidential Information”). Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the receiving party from a third party, without breach of these Terms; (iii) was already in the possession of receiving party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by the disclosing party in writing; (v) independently developed by the receiving party without use of Confidential Information; (vi) is required to be disclosed by the receiving party pursuant to any order or requirement from a court, administrative or governmental agency. The receiving party agrees not to use any Confidential Information for any purpose except as stated in these Terms.
13. PROHIBITED CONDUCT:
13.1. You agree not to engage in any of the following activities:
13.2. You understand and acknowledge that if you indulge in any of the prohibited conduct stated above, and it is brought to the notice of Moodraa, Moodraa may terminate your right to use the Website and take any other corrective action as it deems fit.
14. LIMITATION OF LIABILITY:
IN NO EVENT SHALL MOODRAA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MOODRAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE INFORMATION PROVIDED THROUGH IT, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES PROVIDED THROUGH IT. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MOODRAA SHALL NOT BE LIABLE FOR YOUR ILLEGAL CONDUCT OF ANY OTHER USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE WEBSITE OR THE SERVICE.
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (a) infringement of any third- party rights including without limitation any intellectual property rights; (b) any breach or violation of these Terms; (c) any breach of applicable laws, rules, regulations and/ or policies; (d) your negligence or omission (including any action or inaction); (e) any User conduct or any other information or content that is submitted through your User Account including without limitation misleading, false, incomplete or inaccurate information.
16.1. Moodraa reserves the right to terminate your right and access to use the Website with or without any reason whatsoever. Additionally, your right to access and use the Website terminates automatically upon your material breach of these Terms.
16.2. Survival: All clauses which by nature including without limitation the Disclaimer of Warranties, the Limitation of Liability, Indemnity and the Jurisdiction provisions will survive any termination of these Terms.
17. MISCELLANEOUS TERMS:
17.1. Choice of Law and Jurisdiction: These Terms shall be construed and governed by the laws of India. Any dispute arising, between you and us shall be submitted to the arbitration to be conducted in Mumbai, India in English language, in accordance with the rules of Arbitration and Conciliation Act of 1996 and the award made in pursuance thereof shall be binding on you and us. Subject to the arbitration provisions, you agree that the courts in Pune, India shall have exclusive jurisdiction over such disputes.
17.2. No waiver: Moodraa’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.
17.3. Severability: If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
17.4. No agency relationship: You agree that no joint venture, employment, or agency relationship exists between you and Moodraa as a result of these Terms or due to your use of the Website.
17.6. Force Majeure: Without limiting the foregoing, under no circumstances shall Moodraa be held liable for any damage or loss due to deficiency in the performance of the Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in laws and regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots, lockdowns, pandemics or any other similar events. Notwithstanding the foregoing, you will be liable for any obligation towards any fees, payments and any other payable amounts to Moodraa.
18. ELECTRONIC RECORD:
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
19. CHANGE IN TERMS:
Moodraa may update these Terms without notice to you. You are encouraged to check these Terms on a regular basis to be aware of the changes made to them. Your continued use of the Website after such change shall be deemed to be your acceptance of the revised Terms.
20. GRIEVANCE REDRESSAL
20.1. The Company offers an email-based support system. In case You require any assistance or support, You may access support resources or contact our support by emailing at firstname.lastname@example.org.
20.2. The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company.