A. Your use of the Services
- That your use of the Services does not imply your ownership of Cube’s intellectual property, including but not limited to branding, logos, content, literature, reports, images, data, drawings, designs, diagrams, tables, software, source code or object code or other information or materials, howsoever stored or held, acquired, created, developed, designed or in any way prepared, by Cube.
- That you will not attempt to disrupt the Services, access them using an interface other than the one Cube provides, and that such an attempt will lead to termination of your account, and may include legal action against you.
- That Cube may send you announcements, messages or information on the Services and how to use them on the contact details, such as email or phone number, that you have provided Cube
- That the software associated with the Services may update automatically on your mobile device once a new version is available depending on the settings on your mobile device
- That you shall not copy, modify, distribute, sell, or lease any part of our Services, including our software, nor may you reverse engineer or attempt to extract the source code of that software
- That Cube may add, remove or change the Services over time, or may cease to offer them. In each case, Cube will provide you reasonable notice.
- That past performance of recommendations made via Cube’s advisors is no guarantee of their future performance and neither Cube nor its advisors shall be held liable for any losses resulting from their recommendations.
B. Content on the Services
- That you retain ownership only of the intellectual property that you hold in the content you upload, store, publish, send or receive via Cube.
- That Cube’s financial partners and intermediaries own and are responsible for the content regarding themselves and their services that are displayed on Cube’s app and other properties
- That you shall not upload, store, publish or send to/on Cube any content
- that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful or racially or ethnically objectionable, disparaging, and relating to or encouraging money laundering or gambling.
- that infringes any patent, trademark, copyright or other intellectual property rights.
- that harms minors in any way
- that deceives or misleads the reader about the origin of any messages or communicate any information that is grossly offensive or menacing in nature
- that contains software viruses or any other programs designed to interrupt, destroy or limit the functionality of another computer or mobile device
- cause the incitement to commit any offence or prevent the investigation of any offence
- that is insulting to any other nation
- that impersonates another person
- That content that violates the above restrictions may be subject to legal action under the Information Technology Act, 2000
- That you shall not upload, store, publish or send to/on Cube any content
- that belongs to any other person or entity
- that you have not right to
- That you shall notify Cube of suspected violation of your copyright by emailing firstname.lastname@example.org with the subject line “Intellectual Property”
- That Cube may modify these Terms to reflect changes to the law or changes to our Services. We will notify you of such changes. If you do not agree to the modified Terms, you will be required to discontinue your use of the Services.
- If you do not comply with these Terms, and we do not take action immediately, it will not be construed as our consent to your non-compliance.
- That these Terms govern the relationship between Cube and you. They do not create any third party beneficiary rights.
- That if any term contained in these Terms is unenforceable, it will not affect the other Terms.
- That all disputes relating to these Terms and/or the Services will be subject, first, to mediation, and then by arbitration by a sole arbitrator appointed by Cube in accordance with Indian law. The venue of arbitration will be Mumbai, Maharashtra.
Any visitor or user on this Website automatically agrees to comply with and be bound by the following terms and conditions of use. Visitors and users of the Website are presumed to have read, understood and agreed to the terms and conditions of this website.
- Warranty as to Information
- All information and material in the Website are provided on an ‘as is’ basis and are without guarantees or warranties of any kind, express or implied as to its completeness, correctness, accuracy, reliability or otherwise.
- While the Website may be updated periodically by Cube Consumer Services Private Limited (Cube) or its directors, employees or agents do not guarantee that the Website reflects the latest amendments/information at any time.
- The information in this Website is intended for general guidance only.
- This Website does not constitute an offer to sell or a solicitation of an offer to buy or sell any security or investment product, and may not be relied upon in connection with any offer or sale of securities.
- Nothing on the website is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy.
- Nothing on this Website is intended to be, and you should not consider anything on the website to be, investment, accounting, tax or legal advice.
- Furthermore, any ideas and/or information provided or gained from this Website would not necessarily reflect the views of Cube or its directors, employees or agents.
- IMPORTANT: You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.
- You should consult your business advisor, attorney, or tax and accounting advisor regarding your specific business, legal or tax situation. Some or all invested funds can be lost.
- The past performance of any investment, investment strategy or investment style is not indicative of future performance. Future results may vary and are not guaranteed. The value of investments and their income may increase or decrease, and a loss of principal – including all principal – may occur.
- Limitation of Liability:
- Under no circumstances shall Cube, its subsidiaries or affiliates or its directors, employees or agents be liable for any direct or indirect loss of profit, incidental, special or consequential damages that are alleged to have resulted from the use and/or inability to use this Website, directly or indirectly, or any information contained within.
- Acceptance of Agreement
- This Agreement constitutes the entire and only agreement between Cube and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this Agreement.
- This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.
- Editing, Deleting and Modification:
- Cube reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Website.
- You agree to indemnify, defend and hold Cube and its Associates/Subsidiaries as well as its partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.
- Your right to use the Website is not transferable. Any password or right given to you to obtain information or documents is not transferable. The information and services may contain bugs, errors, problems or other limitations.
- Cube and its affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, Cube and its affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. the negations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
- The Website and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Website shall create any warranty, representation or guarantee not expressly stated in this Agreement.
- All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. Cube will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use this Website.
- Links to other Websites:
- The Website contains links to other websites. Cube is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on Cube Website does not imply approval or endorsement of the linked website by us. If you decide to leave Cube Website and access these third-party websites, you do so at your own risk.
- Information and other Press Releases:
- The Website may contain information and press releases about Cube and its associates, directors, officers, agents, and partners. While this information was believed to be accurate as of the date prepared, Cube disclaims any duty or obligation to update this information or any press releases.
- Information about companies other than Cube contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
- This Agreement shall be treated as though it were executed and performed in India, and shall be governed by and construed in accordance with the laws of India (without regard to conflict of law principles).
- Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) month after the cause of action arose or be forever waived and barred.
- All actions shall be subject to the limitations set forth in this Agreement.
- The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in India.
- You expressly submit to the exclusive jurisdiction of said courts and consents to extraterritorial service of process.
- Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
- This Agreement constitutes the entire and only agreement between us and you and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, goods and services provided by or through the Website, and the subject matter of this Agreement.
- To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Cube’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Client Service Agreement
- I give my consent to Cube Consumer Services Pvt. Ltd. (“Cube”)
- To communicate with the Asset Management Company, brokerage and other financial intermediaries and partners on my behalf for financial and/or non-financial transactions executed under this Agreement
- To verify my KYC status via SEBI KRAs using my PAN number
- To update my KYC status with SEBI KRAs based on documents that I have provided to Cube within the service, outside of it, or to a Cube employee or representative
- To verify my proof of identity and proof of address using my PAN and/or Aadhaar number or any other proof or identity and proof of address that is required
- To purchase units of a specific mutual fund scheme, and for a specific plan within it, on my behalf
- To receive my investment details from the AMC
- To redeem units of a specific scheme, and for a specific plan within it, on my behalf
- To share information with KRAs, RTAs, AMCs and other partners to comply with regulatory requirements
- To create an account, set and update preferences, send instructions with regard to my funds and investments, receive my portfolio and associated financial information as applicable with all of Cube’s financial partners and advisors when I avail of their services
- To pass certain basic personally identifiable information to Cube’s financial partners when I explicitly express interest in availing a financial or other service, in order for such partners to contact me
- To register and update an NACH mandate as applicable with BillDesk on my behalf
- To send a debit instruction to my bank via BillDesk on my behalf when I authorise my payments and investments from within the Cube service if I have activated auto-debit above
- To update my nomination details with AMCs when I explicitly ask for it.
- I hereby give my consent to Purnartha Investment Advisers Pvt. Ltd to share my portfolio, recommendations and transaction information with Cube Consumer Services Pvt. Ltd. for the purpose of displaying and updating my portfolio and recommendations in the Cube Wealth App.
- I hereby give my consent to Ikshavaku Software Ventures India Private Limited (Tradecred) and Cube Consumer Services Private Limited to auto sign new deals for investment and perpetually auto renew my deal until I withdraw my investment in full.
- I hereby give my consent to Stockal Software Private limited to transact on my behalf with my bank for the purposes of debit and credit of funds via the Liberalised Remittance Scheme, and with its US brokerage house for the purposes of buying and selling of securities.
- By availing the services of any of Cube’s financial and non-financial partners and/or advisors, I give my consent to the Terms and Agreements of such partners and/or advisors.
- That it places no restrictions on me for transacting directly with the AMC without recourse to the Distributor at any time under the folio(s) tagged with the Distributor’s (i.e. Cube’s) broker code.
- That it places no restrictions on me to transact directly with any of its other partners.
However in each such case Cube cannot guarantee that the information you see inside Cube related to your money is accurate.
- That all information I provide to Cube is true and accurate to the best of my knowledge
- That money invested through Cube is from a bank account in my name and is from legitimate sources
- That in case I do not wish to nominate, I make the following declaration: “I hereby confirm that I do not wish to exercise the right of nomination in respect of units subscribed/purchased by me.”
- That my nomination details will be updated with AMCs only when I make a subsequent investment, and that this limitation is out of Cube’s control
- That there is always a certain risk to my capital. Cube does not guarantee a rate of return or vouch for/guarantee the quality of an AMC or its funds/schemes/plans, or any other investments made in Cube.
- That for updation of nomination details for my investment with other partners of Cube, I may be required to provide details as per format prescribed by partners from time to time.
- That there is always a certain risk to my capital. Cube does not guarantee a rate of return or vouch for/guarantee the quality of an AMC or its funds/schemes/plans, or any other investments made with any of the partners of Cube.
- That the instructions given by me to Cube for transacting in mutual fund units will be forwarded by Cube to the AMC in electronic log file format and the AMC will process the transactions on the basis of such electronic log file only
- That instructions to the AMC will be processed on the same day if they are received by the RTA before the cut-off time for the day, else will be processed the next business day. The cut-off timing mention on the Cube app may be prior to the statutory cut-off timing specified under the Regulations and the SID/SAI for operational convenience
- That given the existence of financial intermediaries, there may be a lag between my money being debited and my instructions being passed on to the RTA, AMCs or other financial partners
- That I will not hold Cube responsible for losses incurred in case of delays at the payment gateway, RTA, KRA or AMC, or in case of rejection of my application or instructions by the RTA or the AMC, or non-availability of the Cube application
- That the instructions and information I provide via the Whatsapp group that Cube sets up for me carry the same validity as the instructions and information I provide in-app or via the Cube website, or over email
- That Cube may change this agreement over time. I agree to monitor the terms of this agreement as below. My continued use of the Services implies that I accept the current agreement
- That I agree to indemnify Cube from any liability, loss and expenses in case I violate this agreement