Terms of use

This is the legal agreement between Upmarket research analyst hereinafter referred to as "UPMARKET" and a person who wants to use our service hereinafter referred to as "USER". The user must agree to abide by the terms and conditions in order to use the offered service.

Introduction

UPMARKET is a SEBI REGISTERED RESEARCH ANALYST with registration number INH000008394. Upmarket provides a Robo advising platform for stock market trading. Access and use of Upmarket and all properties are subject to the Terms of Use below.

Accepting terms

UPMARKET is a product of UPMARKET RESEARCH ANALYST.

  • To use the services, the user must first agree to the Terms. Services cannot be used if the user does not accept the Terms.

  • User accepts the Terms by agreeing to do so on any Upmarket website or mobile app.

Provision of the Services

  • Upmarket is constantly improving and innovating in order to provide the best experience for users. User acknowledges and agrees that the form and nature of the services which Upmarket provides may change from time to time without any prior notice to the user.

  • As part of this continuing innovation, users acknowledge and agree that Upmarket may stop (permanently or temporarily) providing the services (or any features within the Services) to users generally at Upmarket's sole discretion, without prior notice.

  • Users may stop using the services at any time and do not need to specifically inform Upmarket about the discontinuation of services.

  • User acknowledges and agrees that if Upmarket disables access to the account, then the user may be prevented from accessing the services, account details, or any files or other content which is contained in the user account.

Use of Services

  • In order to use Upmarket Services, the user will need to provide personal information. User agrees that any information given to Upmarket will always be accurate, correct and up to date.

  • User agrees to use the services only for purposes that are permitted by the Terms and in any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. 

  • User agrees not to access (or attempt to access) any of the services by any means other than through the interface that is provided by Upmarket unless the user has been specifically allowed to do so in a separate agreement with Upmarket.

  • User specifically agrees not to access (or attempt to access) any of the services through any automated means (including use of scripts or web crawlers) and shall ensure that user complies with the instructions set out in any robots.txt file present on the Services.

  • User agrees that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the services).

  • User agrees that in any condition user will not reproduce, duplicate, copy, sell, trade, or resell the services for any purpose unless been specifically permitted to do so in a separate agreement with Upmarket.

  • User agrees that user is solely responsible for and that Upmarket has no responsibility to any user or to any third party for any breach of user obligations under the Terms and for the consequences including any loss or damage which Upmarket may suffer from any such breach. 

Risk Disclaimer and Disclosure

  • All information present on the UPMARKET platform is to help investors and traders (Users) in their decision-making process and shall not be considered as a recommendation or solicitation of an investment or investment strategy.

  • Users are responsible for their investment decisions and are responsible to validate all the information used to make the investment decision.

  • User understands and agrees that his/her investment decision is based on personal investment needs and should consult the personal financial advisor before making any trade or investment decision

  • User understands and agrees that risk tolerance, performance, or any other indicator or information available on the UPMARKET platform is one among many other things that should be considered while making an investment or trading decision.

  • Past performance does not guarantee future returns and performance of UPMARKET.

  • Strategies or ideas or any investment decision that users make on the basis of the platform information are subject to market risk.

  • The user understands and agrees that Upmarket reserves all rights for determining the success and failure of its trading recommendation and has its own process of calculating profit and loss. 

  • The contents and data available on the Upmarket platform, Upmarket numbers, and rationale are for information and illustration purposes only.

  • Data used for calculation of historical returns and other information is provided by exchange approved third-party data vendors, and has neither been audited nor validated by Upmarket.

  • Users should be aware that system responses, execution price, speed, liquidity, market data, and account access times are affected by many factors, including market volatility, size and type of order, market conditions, system performance, and other factors.

  • Trading in derivatives is extremely risky and can wipe out your entire capital and more.

  • Charts and performance numbers are backtested/simulated results calculated via a standard methodology and do not include the impact of transaction fees and other related costs. 

Agreement Changes

We may at our discretion change the Terms and all elements of them and any aspect of the Service at any time. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel your membership.

Limitation of Liability

Subject to overall provision in paragraph above, you expressly understand and agree that Upmarket, its subsidiaries and affiliates, and its licensors shall not be liable to you for the following:

  • Any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.​

  • Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of 

  1. Any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;

  2. Any changes which Upmarket may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services); 

  3. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;  

  4. Your failure to provide Upmarket with accurate account information. 

Exclusion of warranties

  • Nothing in these terms shall exclude or limit Upmarket’s warranty or liability for losses that may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

  • You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "As is" and “as available.”

  • In particular, Upmarket, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

    • Your use of the services will meet your requirements,

    • Your use of the services will be uninterrupted, timely, secure, or free from error

    • Any information obtained by you as a result of your use of the services will be accurate or reliable, and That defects in the operation or functionality of any software provided to you as part of the services will be corrected.

  • ​Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

  • No advice or information, whether oral or written, obtained by you from Upmarket or through or from the services shall create any warranty not expressly stated in the terms.
  • Upmarket further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. 

Jurisdiction

The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Pune, Maharashtra, India in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.