Terms and Conditions
TERMS AND CONDITIONS OF USE
The terms and conditions published herein is an electronic record in terms of Information Technology Act, 2000 and rules 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.
WWW.3ADEAL.COM(hereinafter referred to as "Website") is owned and managed by 3A Financial Services Limited (hereinafter referred to as "3A Financial") a company duly incorporated under the provisions of the Companies Act, 1956 having its registered office at 204, Sahyog building, Above Central Bank of India, S.V. Road, Kandivali (West), Mumbai-400 067. 3A Financial is a wholly owned subsidiary of 3A Capital Services Limited.
The Website provides Buyers to purchase securities either from 3A Financial Services Limited or from the Vendor who are registered with the Website for selling its securities to Buyers. This terms and conditions shall be construed as contractual terms and conditions between the Buyer and 3A Financial and between the Buyer and the Vendor and in case of any dispute between the Buyer and 3A Financial or between the Buyer and the Vendor, the provisions of Indian Contract Act, 1882 will be applicable.
Buyer's use of the Website are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If the Buyers transact on the Website, the Buyers shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, the Buyers shall be impliedly contracting with 3A Financial and/or Vendor and these terms and conditions including the policies constitute Buyer's binding obligations with 3A Financial and/or Vendor.
For the purpose of these Terms and Conditions, wherever the context so requires "Buyer" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing data for registering on the Website as Registered Buyer using the computer systems. 3A Financial allows the Buyer to surf the Website without registering on the Website, however to make purchases, the Buyer must be registered on the Website.
For the sake of this Terms and Conditions, all the terms used such as, including but not limited to, "digital signature", "data", "computer", "computer systems", "information", "electronic records" shall have similar meaning as prescribed under Information Technology Act, 2000.
When the Buyers places an order for purchase of securities through the Website, the Buyers will be subject to the rules, guidelines, policies, terms and conditions applicable to such purchase of securities and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. 3A Financial reserves the right, at 3A Financial's sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to the Buyers. It is Buyer's responsibility to review these Terms and Conditions periodically for updates / changes. Buyer's continued use of the Website following the posting of changes will mean that the Buyers accept and agree to the revisions. As long as the Buyers comply with these Terms and Conditions, 3A Financial grant the Buyers a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ELIGIBILITY FOR REGISTRATION ON THE WEBSITE
Use of the Website is available only to persons who can execute legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, un-discharged insolvents etc. are not eligible to use the Website. If the Buyers are a minor i.e. under the age of 18 years, the Buyers shall not register as a buyer of Website and shall not transact on or use the Website. As a minor if the Buyers wish to use or transact on the website, such use or transaction may be made by Buyer's legal guardian or parents on the Website. 3A Financial reserves the right to terminate Buyer's registration/account and/or refuse to provide the Buyers with access to the Website, if it is brought to 3A Financial's notice or if it is discovered that the Buyers are under the age of 18 years.
BUYER'S ACCOUNT AND REGISTRATION OBLIGATIONS
If the Buyers use the Website and register as a buyer, the Buyers shall be responsible for maintaining the confidentiality of Buyer's Display Name and Password and the Buyers shall be responsible for all activities which occur under Buyer's Display Name and Password. The Buyers agree that if the Buyers provide any information that is untrue, inaccurate, not current or incomplete or 3A Financial has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms and Conditions, 3A Financial shall have the right to indefinitely suspend or terminate or block access of Buyer's registration/account on the Website and refuse to provide the Buyers with access to the Website.
When the Buyers use the Website or send emails or other data, information or communication to us, the Buyers agree and understand that the Buyers are communicating with 3A Financial through electronic records and the Buyers consent to receive communications via electronic records from 3A Financial periodically and as and when required. 3A Financial may communicate with the Buyers by email or by such other mode of communication, electronic or otherwise.
PLATFORM FOR TRANSACTION AND COMMUNICATION
WWW.3ADEAL.COM IS A PLATFORM THAT BUYERS UTILIZE TO DISCOVER SECURITIES OF VARIOUS UNLISTED/DELISTED/INFREQUENTLY OR RARELY TRADED COMPANIES AND TO SHOW INTEREST IN PURCHASING THe said securities
1. All commercial/contractual terms offered are agreed between the Buyers and 3A Financial and between Buyer and Vendor. The commercial/contractual terms include, without limitation, price, payment methods, payment terms, date, period and mode of transfer of securities, warranties related to securities and formalities after purchase of securities.
2. The Buyers can take a close look at the Website for a complete description of the securities. However, the data and information pertaining to securities available on the Website are extracted from the official website of Ministry of Corporate Affairs (MCA) and other government website and 3A Financial are not responsible for the accuracy of such data and information. Despite all precautions by 3A Financial, there may be inadvertent errors, and 3A Financial shall not, under any circumstances, be held liable.
3. The Buyer shall be responsible for any non-performance or breach of any contract entered into between Buyer and 3A Financial or between Buyer and Vendor.
4. 3A Financial attempts to keep the elements mentioned on its website accurate and complete. In particular the information about the quantity, DP ID, face value, pricing, mode, minimum lot size and other specifications and in general case, all information about 3A Financial's products is subject to change without notice. It is possible that there could be errors or omissions in the information provided in this website. The information could also be incomplete. 3A Financial is not responsible for any errors, omissions or representations on any of 3A Financial's pages or any links on any of 3A Financial's pages.
1.3A Financial is a company inter-alia engaged in the business of buying and selling of securities of unlisted/delisted/ rarely traded companies and on the Website, the said company is trading the said securities online. The Website/3A Financial is neither an investment advisor nor acting as an investment advisor. Any statement or information, especially the option of "HOT DEALS" on the Website is not a form of investment advisory to Buyers and the Buyers shall not rely on such information and the Buyers shall consult their legal or financial advisors before purchasing the securities from the Website and 3A Financial shall not be liable to make good the loss caused to Buyer due to purchase of securities from the Website. 3A Financial has obtained applicable licenses and permission from the appropriate regulatory, as required under various laws for operating the Website.
2.3A Financial does not deal in listed securities which are actively traded on Nationwide Stock Exchanges.
3.The Buyer shall be solely responsible while purchasing securities from the section of "OTHER SELLERS" and Buyers shall conduct sufficient due diligence before placing an order from the section of "OTHER SELLERS". 3A Financial shall take maximum precaution and do proper check after Vendor is registered with the Website. However, any loss caused to Buyer due to placing an order from the section of "OTHER SELLERS", 3A Financial shall not, under any circumstances, be held liable.
4.The securities of companies available on the Website are sold on "as is where is basis" and 3A Financial shall not be responsible for any loss caused to Buyers for purchasing the securities and they shall conduct sufficient due diligence before placing an order on the Website. 3A Financial shall take maximum precaution and do proper check of the securities of companies available on the Website. However, such securities may be attached with lien, encumbrances or pledge and the Buyer shall solely bear all the loss caused from buying such securities and 3A Financial shall not, under any circumstances, be held liable.
5.The prices displayed on securities are expressed in Indian Rupees and shall include all taxes applicable by law. 3A Financial shall have the right to refuse or cancel any order placed by a Buyer. Pricing and any specification on any product(s) as is reflected on the Website may be subject to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event 3A Financial may cancel Buyer's order(s) and 3A Financial shall refund the amount received from Buyer towards such order and in case, the order is cancelled by 3A Financial due to reason attributable to 3A Financial and not for any reason which is not within the purview of 3A Financial, 3A Financial shall refund the amount received from Buyer plus additional 0.1% on the amount paid by Buyer will be paid by 3A Financial.
6.There is no replacement policy on www.3Adeal.com. The Buyer once placed the order for specific securities cannot replace it with other securities.
7.Please note that there could be risks in dealing with underage persons or people acting under false pretence.
The Buyers release and indemnify 3A Financial and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Buyers of the Website and specifically waive any claims that the Buyers may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, 3A Financial cannot take responsibility or control of the information provided by other Buyers and Vendor which is made available on the Website. The Buyers may find other Buyer's and Vendor information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Registration on the Website is free for buyers and not for Vendor. 3A Financial does not charge any fee for browsing and buying on the Website. 3A Financial reserves the right to change its Fee Policy from time to time. In particular, 3A Financial may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, 3A Financial reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
USE OF THE WEBSITE
The Buyers agree, undertake and confirm that Buyer's use of Website shall be strictly governed by the following binding principles and wherever applicable, such principles shall have reference to Vendor also:
1. The Buyers shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which the Buyers does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way or threatens to defame or harm the goodwill of 3A Financial;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Buyers;
(o) engages in commercial activities and/or sales without 3A Financial's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms and Conditions, 3A Financial's prior written consent means a communication coming from 3A Financial's Legal Department, specifically in response to Buyer's request, and specifically addressing the activity or conduct for which the Buyers seek authorization;
(p) solicits gambling or engages in any gambling activity which we, in 3A Financial's sole discretion, believes is or could be construed as being illegal;
(q) interferes with another Buyer's use and enjoyment of the Website or any other individual's Buyer and enjoyment of similar services;
(r) refers to any website or URL that, in 3A Financial's sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ Buyers about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for 3A Financial or cause 3A Financial to lose (in whole or in part) the services of 3A Financial's internet service provider ("ISPs") or other suppliers;
2. The Buyers shall not use any "deep-link", "page-scrape", "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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. 3A Financial reserves the right to bar any such activity.
3. The Buyers shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
4. The Buyers shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. The Buyers may not reverse look-up, trace or seek to trace any information on any other Buyer of or visitor to Website, or any other customer, including any account on the Website not owned by the Buyers, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Buyer's own information, as provided for by the Website.
5. The Buyers shall not make any negative, denigrating or defamatory statement(s) or comment(s) about 3A Financial or the brand name or domain name used by 3A Financial including but not limited to the terms "3A Financial" or otherwise engage in any conduct or action that might tarnish the image or reputation of 3A Financial on platform or otherwise tarnish or dilute any 3A Financial's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. The Buyers agree that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or 3A Financial's systems or networks, or any systems or networks connected to 3A Financial.
6. The Buyers agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
7. The Buyers may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal The Buyers send to 3A Financial, on or through the Website or any service offered on or through the Website. The Buyers shall not pretend that the Buyers are, or that The Buyers represent, someone else, or impersonate any other individual or entity.
8. The Buyers may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of 3A Financial and / or others.
9. The Buyers shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations regarding Buyer's use of 3A Financial's service and Buyer's listing, purchase, solicitation of offers to purchase, and sale of products.
11. The Buyers shall be responsible to up keeping the providing information relating to the products proposed to be sold by us. In this connection, the Buyers undertake that all such information shall be secured in all respects. The Buyers shall not defame the attributes of such products or services so as to mislead other Buyers in any manner.
12. The Buyers shall not engage in advertising to, or solicitation of other Buyers of the Website to buy any products, including, but not limited to, products related to that being displayed on the Website or related to us. The Buyers may not transmit any chain letters or unsolicited commercial or junk email to other Buyers via the Website. It shall be a violation of these Terms and Conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without 3A Financial's prior explicit consent. In order to protect 3A Financial's Buyers from such advertising or solicitation, 3A Financial reserve the right to restrict the number of messages or emails which a Buyer may send to other Buyers in any 24-hours period which 3A Financial deems appropriate in its sole discretion. The Buyers understand that 3A Financial have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, 3A Financial can (and the Buyers hereby expressly authorize 3A Financial to) disclose any information about the Buyers to law enforcement or other government officials, as we, in 3A Financial's sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
3A Financial reserves the right, but has no obligation, to monitor the materials posted on the Website. 3A Financial shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, THE BUYERS REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THE BUYERS POST ON THE WEBSITE AND IN BUYER'S PRIVATE MESSAGES. In no event shall 3A Financial assume or have any responsibility or liability for any Content posted by another Buyer or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. The Buyers hereby represent and warrant that the content the Buyers publish on the Website shall not infringe any proprietary or other rights of 3A Financial or any third parties or contain any libellous, tortious, or otherwise unlawful information.
13. Buyer's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Buyers and such advertiser. 3A Financial shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
14. It is possible that other Buyers (including unauthorized Buyers or "hackers") may post or transmit offensive or obscene materials on the Website and that the Buyers may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about the Buyers due to Buyer's use of the Website, and that the recipient may use such information to harass or injure the Buyers. 3A Financial does not approve of such unauthorized uses, but by using the Website, the Buyers acknowledge and agree that 3A Financial is not responsible for the use of any personal information that the Buyers publicly disclose or share with others on the Website. Please carefully select the type of information that the Buyers publicly disclose or share with others on the Website.
15. 3A Financial shall have all the rights to take necessary action and claim damages that may occur due to Buyer's involvement/participation in any way on Buyer's own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
CONTENTS POSTED ON SITE
In relation to the text, graphics, Buyer interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is 3A Financial generated content, except the logos or trademark of the Companies whose securities are posted on the Website for the sale of securities of such companies.
Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without 3A Financial's express prior written consent.
The Buyers may use information on the products and services purposely made available on the Website for downloading, provided that the Buyers (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Buyer's personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
3A Financial may share personal information with 3A Financial's other corporate entities and affiliates. These entities and affiliates may market to the Buyers as a result of such sharing, unless the Buyers explicitly opt-out.
3A Financial may disclose personal information to third parties. This disclosure may be required for us to provide the Buyers access to 3A Financial's Services, to comply with 3A Financial's legal obligations, to enforce 3A Financial's Buyer Agreement, to facilitate 3A Financial's marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to 3A Financial's Services. 3A Financial does not disclose Buyer's personal information to third parties for their marketing and advertising purposes without Buyer's explicit consent.
DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to the Buyers through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph,
3A Financial does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
3A Financial will not be liable to the Buyers in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. 3A Financial does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to the Buyers through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.
The Buyers will be required to enter a valid phone number while placing an order on the Website. By registering Buyer's phone number with us, the Buyers consent to be contacted by 3A Financial via phone calls and/or SMS notifications, in case of any order or transfer of securities related updates. 3A Financial will not use Buyer's personal information to initiate any promotional phone calls or SMS.
The Website provides two mode of payment i.e. online and offline. While availing any of the payment method/s available on the Website, 3A Financial will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Buyers due to:
Lack of authorization for any transaction/s, or
Exceeding the pre-set limit mutually agreed by the Buyers and between "Bank/s", or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
Offline payment can be availed by Buyers and on receipt and credit of payment from Buyer, 3A Financial shall proceed for transfer of shares in the account of Buyer and failure to make payment by Buyers will forfeit the transaction automatically and the Buyers shall have no claim against 3A Financial or Vendor, as the case may be.
All payments made against the purchases/services on Website by the Buyers shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
The Website is a e-commerce platform for purchase of securities (both in physical and demat form) by the Buyer and for transaction related to physical securities, there are prescribed formalities provided by the Companies Act, 2013 for transfer of purchased securities in the account of Buyers and by accepting this terms and conditions, Buyers accord their consent to comply with the requirements as prescribed under Companies Act, 2013 for transfer of purchased securities by Buyers from the Website and Buyers shall provide all the required documents to 3A Financial for further processing of transfer of securities in the account of Buyer.
1. Transactions, Transaction Price and all commercial terms are as per principal to principal bi partite contractual obligations between Buyer and 3A Financial and between Buyer and Vendor and payment facility is used by the Buyer to facilitate the completion of the Transaction.
2. The Buyers have specifically authorized 3A Financial or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Offline mode to and from other Buyers in respect of transactions through Payment Facility. Buyer's relationship with 3A Financial is on a principal to principal basis.
3. The Buyers understand, accept and agree that the payment facility provided by 3A Financial is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Offline mode, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure. Further, by providing payment facility, 3A Financial is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
The Buyers understand that upon initiating a transaction, the Buyers are entering into a legally binding and enforceable contract with 3A Financial to purchase the securities using the payment Facility (Online or Offline), and the Buyers shall pay the transaction price through Buyer's Issuing Bank to 3A Financial, using Payment Facility.
The Buyers may agree with 3A Financial through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension/increase in the time for transfer of securities and the transaction shall stand amended to such extent. Any such extension / increase in the time for transfer of securities or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
The Buyers shall be entitled to claim a refund of the transaction Price (as Buyer's sole and exclusive remedy) in case there is a default on account of 3A Financial due to mismatch of quantity of securities displayed on the Website or non-availability of securities despite of showing it on the Website, 3A Financial shall refund Buyers with the money paid, if any through Online mode plus additional 0.10% of the transaction value to Buyers.
Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refund shall be conditional and shall be with recourse available to 3A Financial in case of any misuse by Buyer.
Refund shall be subject to Buyer complying with Policies.
4. 3A Financial reserves the right to impose limits on the number of transactions or transaction Price which 3A Financial may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by RBI to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
5. 3A Financial reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with 3A Financial or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6. 3A Financial may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Offline transactions) transaction price from the Buyer for security or other reasons, at the discretion of 3A Financial. As a result of such check if 3A Financial is not satisfied with the creditability of the Buyer or genuineness of the transaction / transaction price, it will have the right to reject the receipt of Buyers commitment to pay transaction price.
7. 3A Financial may delay notifying the payment confirmation i.e. delay to transfer the purchased securities, if 3A Financial deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, 3A Financial may hold transaction price and 3A Financial may not process for transfer of securities or remit transaction price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
8. The Buyer and Vendor acknowledge that 3A Financial will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond the control of 3A Financial.
COMPLIANCE WITH LAWS:
9. Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and 3A Financial Website.
If 3A Financial has suspicion or knowledge, that any of its buyers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then 3A Financial may while reserving its rights to initiate civil and/or criminal proceedings against such person may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and /or disqualify that Buyer and any related Buyers from availing protection through this program.
3A Financial reserves its right to initiate civil and/or criminal proceedings against a Buyer who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, 3A Financial may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such Buyer and/or disqualify that Buyer and any related Buyers from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.
JURISDICTIONAL ISSUES/SALE IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. 3A Financial make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and 3A Financial is not responsible for transfer of securities/refund for the order placed from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
3A Financial is the owner of all the rights of intellectual property of the content posted on Website, trademark and logos of 3A Financial, all the intellectual property rights in or related to the website, whether in present or future, whether known or not known, except the logos or trademark of the Companies whose securities are posted on the Website for the sale of securities of such companies. 3A Financial reserves the right to proceed to the necessary formalities with the aim of their protection on the Territory. The Buyer recognises the existence and validity of the trademark applications or registrations and use of 3A Financial's products and undertakes never to challenge their validity, registration and use in the Territory. The Buyer undertakes not to derive any right from the use of 3A Financial's products and undertakes never to attempt to register, directly in his name or indirectly by a third party, any identical or confusingly similar trademark or internet domain name that may infringe 3A Financial's trademarks or constitute unfair competition. In case the Buyer applies for or uses any identical or similar trademark or domain name to 3A Financial's products, they shall immediately take all necessary actions, at their own expense, to cancel or transfer the infringing trademarks or domain names to 3A Financial upon 3A Financial's first demand. The Buyers undertake to inform and to immediately notify 3A Financial of illicit imitation and more generally of any unfair competition practices based on the Protected Elements.
TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by 3A Financial and products are sold by 3A Financial. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Buyer's personal, non-commercial use. The Buyers must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and the Buyers must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the Buyers receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
In case, the Buyers feel that an IPR has been infringed, the Buyers can write to 3A Financial at email@example.com
3A Financial does not warrant that Product description or other content of this Website are completely accurate, complete, current, or error-free and assumes no liability in this regard.
LIMITATION OF LIABILITY
IN NO EVENT SHALL 3A FINANCIAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF BUYER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website at firstname.lastname@example.org or phone number +91 9867572101
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Rahul Jadhav
3A Financial Services Limited
204, Sahyog building, Above Central Bank of India,
S.V. Road, Kandivali (West), Mumbai-400 067
Time: 10 a.m. to 06.30 p.m.
DISPUTES RESOLUTIONS POLICY
Generally, transactions are conducted smoothly on www.3Adeal.com. However, there may be some cases where the Buyers and/or 3A Financial may face issues. 3A Financial provides Dispute Resolution process in order to resolve disputes between Parties. However, the Dispute Resolution process is not applicable in the case of dispute between Buyers and Vendors and 3A Financial has no privy of contract between the transaction between Buyers and Vendors
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and 3A Financial in connection with a transaction on the Website.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and 3A Financial. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/3A Financial raises a dispute, they should attempt to solve the issue.
How is a 'dispute' created?
Whenever there is a disagreement, the Buyer can write to email@example.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.
EMAIL ABUSE & THREAT POLICY
Private communication, including email correspondence, is not regulated by 3A Financial. 3A Financial encourages its Buyers to be professional, courteous and respectful when communicating by email.
However, 3A Financial will investigate and can take action on certain types of unwanted emails that violate 3A Financial's policies.
Threats of Bodily Harm - 3A Financial does not permit Buyers to send explicit threats of bodily harm.
Misuse of 3A Financial System - 3A Financial allows Buyers to facilitate transactions through 3A Financial's system, but will investigate any misuse of this service.
Spoof (Fake) email - 3A Financial will never ask the Buyers to provide sensitive information through email. In case the Buyers receive any spoof (fake) email, the Buyers are requested to report the same to 3A Financial through 'Contact Us' tab.
Spam (Unsolicited Commercial email) - 3A Financial's spam policy applies only to unsolicited commercial messages sent by 3A Financial's Buyers. 3A Financial's Buyers are not allowed to send spam messages to other Buyers.
Offers to Buy or Sell outside of 3A Financial - 3A Financial prohibits email offers to buy or sell listed securities outside of the 3A Financial's Website. Offers of this nature are a potential fraud risk for both Buyers and 3A Financial.
3A Financial policy prohibits Buyer-to-Buyer threats of physical harm via any method including, phone, email and on 3A Financial's public message boards.
Violations of this policy may result in a range of actions, including:
Limits on account privileges
Cancellation of listings
3A Financial does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of 3A Financial's affiliated companies and certain other businesses for which, 3A Financial assumes no responsibility for examining or evaluating the products and services offered by them. 3A Financial do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). 3A Financial does not endorse, in any way, any third party website(s) or content thereof.