Boharr and its Group Companies do not provide any guarantee or assurance that the Platform will be accessible at all times. The Platform may become temporarily unavailable or restricted for administrative or other purposes. Consequently, Boharr and its Group Companies disclaim any responsibility and shall not be liable for any loss or damage incurred as a result of the Platform’s unavailability or loss of its use.

You understand that uninterrupted access to the Platform and its services might be affected by factors beyond its control termed as Disruption Event. Such factors may include the Equipment’s in-operation, inefficiency, or unsuitability, as well as the unavailability, in-operation, or interruption of Internet or telecommunication services.

If the Platform is unable to fulfill its obligations under these Terms due to such a Disruption Event, it will not be considered a breach of the Terms. The Platform, Boharr, or the Group Companies will not be liable for any loss or damage arising from such Disruption Events.

Boharr and its Group Companies also disclaim responsibility and liability for any inaccuracies or incompleteness in the information received through the Platform. This includes errors or malfunctions in data transmission, machine or software, or information obtained from third parties, except in cases of Boharr or its Group Companies’ negligence, fraud, or wilful default.

Additionally, Boharr and its Group companies will not be held responsible for the performance of any third party involved in providing products or services, regardless of whether you made contact with them through the Platform.

Boharr and its Group Companies explicitly disclaims all warranties, whether express, implied, or statutory, related to its website, content, and user information. This includes but is not limited to warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance.

The Platform does not provide any warranties, express or implied, regarding the availability, security, accuracy, reliability, timeliness, or performance of its website, content, and/or user information. It does not guarantee that the website will be error-free or that any errors will be corrected. The Platform does not assure that the website will be free from electronic viruses.

Furthermore, the Platform disclaims any warranties concerning the performance or accuracy, quality, currency, completeness, or usefulness of any information provided on its website, including information obtained through social media.

The User further represents and warrants the following:

• The User has the necessary authority to enter into and fulfill its obligations under this Agreement, and it has authorized the execution of this Agreement.
• This Agreement is legally binding and enforceable against the User.
• The User’s execution, delivery, observance, and performance of this Agreement do not violate any applicable laws, statutes, ordinances, rules, or regulations.
• All information provided by the User to the Platform for the purposes of this Agreement is accurate and complete, and the User agrees to provide any further required information.
• The User acknowledges that decisions regarding investments, buying, selling, holding, or dealing in Products and Services are based on its own independent evaluation of risks, rewards, and relevant facts, including financial circumstances.
• The User agrees not to seek communication about Products and Services via personal channels such as personal calls, emails, or social media, except through registered email IDs or the designated WhatsApp Business account of the Platform.
• The User understands and agrees that the Platform does not guarantee any returns, determine the User’s investment authority, or ensure future performance based on past results. The Platform may act as a referrer and/or agent for Third Party Service Providers, and the Products and Services are non-discretionary and non-risk participating. The Platform is not responsible for User documentation, post-investment servicing, or disputes with Third Party Service Providers, among other things not explicitly mentioned in the terms.
• The User acknowledges that the Platform will be paid referral fees and commissions by Third Party Service Providers for the Products and Services and that these fees are not linked to the performance of the Products and Services.
• The User understands and accepts that it should consult its own investment advisor and carefully evaluate risks and merits before making investments, deposits, and purchases. The User will enter into appropriate documentation directly with Third Party Service Providers, and its investments will be governed by the terms and conditions agreed upon with such providers.

Limitation of Liability

In no event, Boharr or its Group Companies, its directors, employees, or agents shall be liable to you or any third party for damages, liabilities, losses, or causes of action arising from or related to:

• any kind of damages, whether consequential, incidental, special, direct, indirect, or otherwise. This includes liability for lost profits, trading losses, or damages resulting from the use or loss of use of this Platform and materials provided on this Platform, whether by Boharr, its group companies or third parties. This disclaimer of liability applies even if Boharr or its Group Companies and/or its third-party content providers have been informed about the possibility of such damages or losses.
• any loss resulting from causes beyond its direct control. These causes include failure of electronic or mechanical equipment, communication lines (e.g., telephone, cable, internet), unauthorized access, viruses, theft, operator errors, severe weather conditions (e.g., flood, earthquake, or other acts of nature), fire, war, insurrection, terrorist acts, riots, labor disputes, accidents, emergencies, or actions of the government.

Indemnity

You agree to indemnify, protect, and hold Boharr, its group companies, affiliates, contractors, employees, officers, directors, agents, third-party associates, licensors, and partners harmless from any and all claims, losses, damages, liabilities, costs, and expenses, including legal fees and expenses, arising from or related to your use or misuse of the Services or the Platform, any violation of these terms by you, or your infringement of any intellectual property or other right of any person or entity. This also includes any threatening, libelous, obscene, harassing, or offensive material posted or transmitted by you on the Platform or the website.

The Indemnity Clause shall survive the termination of User’s relationship with the Platform.

Disclaimer

Boharr and its Group Companies do not provide any warranties or representations, express or implied, regarding the products and services offered through the platform. Boharr and its Group Companies are not liable for any damages or losses resulting from the use of its services or reliance on them. Past performance does not guarantee future returns. Users should carefully consider their investment requirements, risk tolerance, goals, time frame, and cost associated with investments before choosing suitable products and services.

User data displayed on the Platform may come directly from the user, data uploaded by the user, or received from third-party service providers based on user authorization. Boharr and its Group Companies does not make any representation regarding the accuracy or completeness of such data or information.

Internet transactions may be subject to interruptions, transmission delays, and incorrect data transmission. Boharr and its Group Companies are not responsible for technical snags or malfunctions in communication facilities beyond its control that may affect message accuracy or timeliness.

All content and information on the platform, including trademarks, logos, and copyrights, belong to Boharr and its Group Companies and third parties. Users are prohibited from using these materials without written permission.

Users are not investment advisory clients, and Boharr and its Group Companies are not authorized to deliver advisory services. Users will only receive communications on their portfolio and financial products from authorized email or WhatsApp business accounts. Boharr and its Group Companies representatives are not authorized to provide advice. This communication is not an investment advisory or investment advisory communication. Please read the terms and conditions for using the services.

Governing Law and Jurisdiction

The laws of India shall govern this Agreement. In case of any disputes arising out of the use of the Platform, Services, or any part thereof, you hereby agree that the Courts of Chennai, India, will have exclusive jurisdiction.

If any dispute and/or difference arises between the Parties during the term of this Agreement or thereafter, related to the validity, interpretation, implementation, or alleged material breach of any provision of these terms and conditions or regarding any question arising from this Agreement, the Parties shall attempt to settle the dispute amicably through negotiation. If a resolution is not reached amicably, the dispute shall be referred to arbitration presided by a sole arbitrator appointed by Boharr. The arbitrator’s award shall be final and binding on the parties. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996, or any amendment thereto. The seat and venue for the arbitration shall be Chennai, India, and the language shall be English.

Waiver

The failure of Boharr and its Group Companies to exercise or enforce any right or provision under this T&C and other applicable terms will not constitute a waiver of such right or provision. Any waivers shall be effective only if in writing and signed by Boharr.

Grievances

Feel free to contact Unnatih at startinvesting@unnatih.com to raise any questions, complaints, grievances, or provide feedback.