Effective: 1st November 2023
Please read these terms and conditions carefully; by accessing or using the platform/application of Vested (“Vested” including ”Vested Holdings Inc and its affiliates/subsidiaries including Vested Finance Inc, Vested Services Pvt Ltd) and/or services, you agree to be bound by the terms described herein and all the terms incorporated by reference. If you (“Client” or “User”) do not agree to all of these terms, do not use the website and the aforementioned mobile application and services. Vested reserves a right to modify the terms and conditions at its sole discretion. The user acknowledges and agrees that it is the user’s responsibility to review these terms & conditions periodically to familiarize with any modifications. The continued use of the Vested’s platform and/or Vested’s services after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. Any update or amendment to these Terms shall be effective immediately.
This document is an electronic record in terms of applicable laws (as may be amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures. For the purpose of these User Terms (defined hereinafter), “you”, “your” or “User” refers to any natural or legal person (whether a registered user or otherwise) who accesses the Website, its contents and uses the services offered by Vested on or through the Website. .
All references to “Vested”, “we” or “our” herein shall include affiliates. For purposes of these Terms, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Vested Finance Inc.
The FINRA, SEC, RBI, SEBI and any other prescribed regulatory authority does not accept any responsibility for the correctness of any of the statements or representations made or opinions expressed by Vested.
The information provided on the platform is verified or checked on the best efforts basis without guaranteeing any accuracy of the data/information verification. Vested will not be responsible for the full or partial loss of the principal and/or interest of investment amounts.
All investments, including investing in US stocks, P2P, Bonds, or any other investments offered by Vested, are subject to risks including loss of principal.
You agree that these Terms are the legal equivalent of a signed, written contract and constitute a legally binding agreement between Vested and you, as a user of the Platform, that you have read these Terms, and accept, understand and will be bound by them.
By accessing and/or using the Platform, you agree to these Terms. These Terms apply to any use of the Platform including (1) when you register a user account; (2) when you sign up for or receive any products or services provided through the Platform (collectively, the “Services”) and (3) when you use the Platform as a guest.
2. Your use of the platform/services
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Platform and the material provided therein, and the Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, the Platform and/or our Services. You understand that only you may use your user account and password, and that your subscription to our Services is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Services subscribed to by you.By using the Platform and/or our Services, you agree to be legally bound and to abide by these Terms. If you do not comply with these Terms at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the Platform (or any part thereof) and/or our Services. You are solely responsible for evaluating the merits and risks associated with the use of the Platform, any Content (as defined below) on the Platform and any Services provided through the Platform before making any investment, financial or other decision based upon the same. Your election to engage any Services are subject to your explicit enrollment and acceptance of separate agreements, related fee schedules and/or other additional documents applicable to the Services for which you choose to enroll .At our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Platform or our Services, including, but not limited to, (i) restricting the time the Platform and/or a Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Platform and/or any of our Services. You agree that any termination or cancellation of your access to, or use of, the Platform and/or our Services may be effected without prior notice. If you do not abide by these Terms, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Platform (or part thereof) and/or our Services. Further, you agree that we shall not be liable to you or any third-party for any termination, cancellation or modification of your access to, or use of, our Platform and/or our Services, except for a refund of any fees or charges prepaid by you with respect to our Services as provided under our other applicable written agreement(s) with you. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or these Terms, or any policies or practices by us in providing this Platform or our Services, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription or registered user account, as applicable. We will attempt to process all requests to cancel or terminate your subscription or registered user account within 3 business days after we receive your request and all documentation required to cancel or terminate your subscription or registered user account, and you acknowledge and agree that charges and fees incurred prior to the effective time of cancellation or termination will not be reversed.
3. Client Services Responsibilities
You agree that:
- You will notify Vested promptly of any change to your email address by updating your email in the Vested Platform.
- You will notify Vested promptly of any change to your physical address by sending an email to Vested’s technical support team at <email@example.com>.
- You will provide and update client information electronically using the Platform.
- You may access statements, confirmations, tax forms, and the current agreements applicable to the Services electronically through Vested Platform.
- Vested will provide Services solely through the Platform.
- You will check the Vested Website and Application regularly for communications from Vested, including electronic notices that any of the Account Contracts have been amended.
4. Device Compatibility and Availability of Services
The Platform is designed to work when accessed through the internet by a computer using certain web browsers or certain portable devices (such as phones or tablets that use certain operating systems). You acknowledge and agree that some web browsers or portable devices may not be compatible with the Platform and that we cannot guarantee the accuracy or functionality of any Services provided by Vested unless accessed through a supported browser or device. You agree that you will download and install any software updates for our mobile applications, if you access and use our Services through such applications, as they become available. You understand and agree you are still subject to the terms and conditions of any agreement you have with any mobile service provider and/or any app store or marketplace, and these terms and conditions do not amend or supercede any of those separate agreements. You understand that such services may provide for fees, charges, limitations, and restrictions which might impact your use of the Platform and the Services (e.g., data usage charges, etc.) and you agree to be solely responsible for all such fees, charges, limitations and restrictions. The availability and use of our Services may be limited based on different types of criteria in our sole discretion. You understand and agree that we may disallow you from subscribing to our Services or may terminate your subscription to our Services at any time based on any of these criteria.
Either you or Vested may terminate your user account and any Services at any time pursuant to the terms and conditions of any applicable Account Contracts. The provisions applicable to any such termination, including the effects thereof, are described in terms and conditions of any applicable Account Contracts.
6. Privacy and Security
7. Restrictions on Use of Materials
You acknowledge that this Platform (including Vested Edge) contains information, text, videos, sounds, graphics, artwork, user and visual interfaces, questions, creative suggestions, messages, comments, feedback, ideas, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, service marks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is owned, controlled, or licensed by or to us and is protected by law, including United States copyright laws, and, if applicable, similar foreign laws. Subject to any copy or other rights of the original owners of such Content, we also own a copyright in the selection, coordination, arrangement and enhancement of such Content.The names Vested Finance Inc., Vested, the Vested logo, and other trademarks, service marks, names, slogans, graphics, and logos of Vested used in connection with the Platform and the Services (collectively, “Marks”) are trademarks or registered trademarks of Vested. Other trademarks, service marks, graphics, and logos appearing on the Platform are trademarks of their respective owners. Nothing contained on the Platform should be construed as granting any license or right to use any of the Vested marks or third-party marks appearing on the Platform without the prior written consent from us or any party that may own any of the third-party marks.You are not authorized to, and agree not to, download, display or use any Mark in any publication, advertising, publicity or any other commercial or non-commercial manner, in connection with products or services that are not those of Vested, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Vested and/or its software or intellectual property licensors, that dilutes the strength of Vested’s or its licensors’ property, or that otherwise infringes Vested’s or its licensors’ intellectual property rights.Content is provided exclusively for personal and noncommercial access and use. You may not modify, publish, republish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any other way exploit (including but not limited to for commercial use), any of the Content, in whole or in part without the prior written consent of Vested. When Content is downloaded to your computer or any mobile or other device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other application or networked computer environment is strictly prohibited unless you receive our prior written consent.
Content on the Platform may include or make available general news and information, commentary, research reports and data concerning the financial markets, securities and other subjects; market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; and access to blogs, wikis, online webinars, conferences, telecasts, podcasts and other public forums. By using the public areas of the Platform you are indicating your acceptance, without modification, of the disclaimers, terms and conditions set forth herein, which apply equally to Vested, the Platform and any information providers.
Content posted on the Platform is published as of its stated date or, if no date is stated, the date of first posting. Except as may be required by applicable law, Vested has no duty to update any such information and Vested may discontinue or modify any category of Content at any time.
By displaying, publishing, or otherwise posting any content on or through the Platform (“User Content”), you hereby grant to Vested a limited, irrevocable, non- exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute all User Content without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any of your User Content, as well as the right to sublicense such content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones. You continue to retain all ownership rights to your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the User Content submitted, displayed, published or posted by you on the application and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any User Content you submit, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
Vested may delete any User Content that in its sole judgment violates these Terms.
8. Prohibited Uses
reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on, or through the Website or Application;
use or launch any automated system, including “robots,” “spiders,” or “offline readers,” to access any Content or our systems or to “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or the Services;
attempt to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
attempt to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
in any way misuse any Services or Content that appears on the Platform; and
modify, copy, distribute, publish, license or sell any Services or Content or any derivative work based on the Services or Content.
You represent and warrant that none of the money you transfer to and/or invest through the Platform comes from, or will be used to promote the conduct of, any crime or other illegal activity. You covenant not to transfer any money to or invest any money through the Platform that comes from, or that will be used to promote the conduct of, any crime or other illegal activity. You represent that no individual or entity has an interest in any money you use for deposits into your account with Vested or in any money or securities in such account other than you or any other individual you have disclosed to Vested using the account opening functionality of the Platform.
9. Standards and Conduct Guidelines
You acknowledge that all Content and all information, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings” and the forums in which Postings are posted, including any chat, message board, blog, groups, and profile communications chat room, each an “Area”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Platform. We do not control the Postings posted, emailed or otherwise transmitted on our Platform by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted standards and conduct guidelines for the users of our Platform (as described below), you understand that by using the Platform, you may be exposed to Postings that are offensive or objectionable. Except as provided by applicable securities laws, under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Platform.
You agree not to use the Platform to:
- Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
- Impersonate any person or entity, including, but not limited to, any user of the Platform, a director, officer, employee, shareholder, agent or representative of Vested or of any of its affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Vested, or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Platform;
- Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of an any Area (or other portion of the Platform) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Platform;
- Interfere with or disrupt the Platform or servers or networks connected to this Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- “Stalk” or otherwise harass another user or employee of the Platform;
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Platform, including user names or passwords; and
- Access or attempt to access another user’s account without his or her consent.
- Your privilege to use the Platform and contribute to discussions depends on your compliance with the standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Platform and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our standards and conduct guidelines, or any part of these Terms, we may terminate, in our sole discretion, your use of, or participation in, any Area.
- Subject to applicable securities laws, we are not responsible for maintaining a copy of any material we remove from our Platform, and we are not liable for any loss you incur in the event that Content you post or transmit to our Platform is removed. The existence of any Posting in any Area (whether or not controlled by Vested) does not, and shall not be deemed to, constitute Vested’s recommendation or advice to follow any recommendation included in such Posting, including any recommendation to purchase any specific security or group or type of securities.
- You hereby waive any claim or loss you may have as relates to any Posting in any Area, including your reliance on any such Posting to purchase or sell any securities or take any other action.
11. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Platform (or any part thereof) who infringes the intellectual property rights of others.The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement and include the following information:
a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this application are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Platform;
your name, mailing address, telephone number and email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Upon receipt of any notice, we will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content from the Platform. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices with respect to the Platform should be sent to our designated agent for notice of claims of copyright infringement.
Contact information for our designated copyright agent is: Head of Legal and Compliance Vested Finance Inc. 1063 Morse Ave Building 11-107. Sunnyvale, CA 94089, firstname.lastname@example.org (please include “Notice of Copyright Infringement” in the subject line)
12. Disclaimer of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, OFFERINGS, CONTENT AND MATERIALS ON THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, AVAILABILITY, ACCURACY OR NON-INFRINGEMENT WITH RESPECT TO THE PLATFORM, THE SERVICES, THE OFFERINGS, CONTENT AND ANY OTHER MATERIALS ON THE PLATFORM.VESTED DOES NOT WARRANT THAT THE PLATFORM OR ANY FUNCTION CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.ANYTHING DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR SOLE RISK, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SERVICE, OFFERING, CONTENT OR MATERIAL AND ANY OF YOUR INTERACTIONS WITH ANY THIRD PARTIES, INCLUDING ADVERTISERS AND OTHER USERS, IDENTIFIED THROUGH THE PLATFORM.VESTED DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN OR ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. VESTED EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE PLATFORM.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND THE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF US, AND DRIVEWEALTH, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE AND EVEN IF THE RESPECTIVE PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE AND/OR THE INABILITY TO USE THE PLATFORM AND/OR THE SERVICES; (B) THE USE OF ANY CONTENT OR OTHER INFORMATION ON THE PLATFORM OR ANY APPLICATION(S) OR WEBSITES(S) LINKED TO THE PLATFORM, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR PLATFORM; (F) ANY PLATFORM FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, OR (G) ANY OTHER MATTER RELATING TO THE PLATFORM OR THE SERVICES. YOU UNDERSTAND AND AGREE THAT WE, AND DRIVEWEALTH TO THE EXTENT APPLICABLE, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THE EVENT WE EXERCISE OUR RIGHT TO MODIFY, CHANGE OR DISCONTINUE THE PLATFORM OR ANY SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU, AND/OR DRIVEWEALTH’S TOTAL LIABILITY TO YOU TO THE EXTENT APPLICABLE, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU TO US OR DRIVEWEALTH, RESPECTIVELY, FOR ACCESSING THE PLATFORM AND RECEIVING THE SERVICES, IF ANY, IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR PLATFORM, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE PLATFORM. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE DO NOT DISCLAIM ANY LIABILITY RELATING TO THE PROVISION OF SERVICES WHICH CANNOT BE DISCLAIMED PURSUANT TO THE INVESTMENT ADVISERS ACT OF 1940, AS AMENDED, OR OTHER APPLICABLE LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives, as well as its contractors or partners (collectively, “Indemnified Persons”), from any and all third party claims, liability, losses, damages, expenses and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of the Platform or our Services or offerings, your violation of these Terms or any of the other Account Contracts entered with Vested or its partners, or your infringement, or the attempted infringement or unauthorised use by any other user of your account, of any intellectual property or other right of any person or entity, and your use of User Content and Submissions generated, uploaded, or otherwise provided by you in accordance with these Terms or fraud (including attempt thereof) or any other illegal act.
15. Parental or Guardian Consent
Some of the Content on the Platform may not be appropriate for children. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO ANY OF OUR SERVICES.
16. Third-Party Links
These Terms apply only to this Platform, and not to the websites and/or applications of any other person or entity.We may provide, or third parties may provide, links and/or functionality that connect to other worldwide websites, applications or resources not provided by us (“Third Party Platforms”). You acknowledge and agree that we are not responsible for the availability of such Third Party Platforms. We do not endorse (and you acknowledge and agree that we are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such websites, applications or resources or the terms of service or privacy policies thereof. We have not tested, nor do we review, monitor, or verify any information, software, or products found on any Third Party Platform and therefore do not make any representations about those platforms or any associated products or services. You will need to make your own independent judgment regarding your interaction with Third Party Platforms. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of the content of Third Party Platforms. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of third party web sites, including, without limitation, Third Party Platforms linking to our Platform. You should review applicable terms and policies, including privacy and data gathering practices, of Third Party Platforms, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.Except as otherwise provided by applicable law, you further acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available on or through any Third Party Platform (regardless of whether we directly or indirectly link to such content, advertisements, products, services or other resources).
You should direct any concerns with respect to any other application to that Third Party Platform’s administrator or webmaster.
Without limiting any of the foregoing, Vested may provide access to blogs, wikis, online conferences, telecasts, podcasts, or other forums. All communications made at or through such forums are public. Vested does not, unless otherwise required by law, have any obligation to screen, review, approve or endorse any Content obtained through such forums. Reliance on the Content is at your own risk.
17. Consent to Recordings
18. Electronic Communications
The Platform provides you our e-mail address so that you may communicate electronically with us by sending an e-mail message to email@example.com. All e-mail sent to and from Vested will be received or otherwise recorded by the Vested e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. Communications through the Platform may involve the electronic transmission, to any e-mail address you provided to us, of information that you may consider to be personal financial information and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information. It is your responsibility to update or change your e-mail address, as appropriate.
19. Additional Disclosures
NEITHER THE INFORMATION NOR ANY OPINION EXPRESSED IN THE PLATFORM OR THE SERVICES CONSTITUTES AN OFFER OR SOLICITATION OF SECURITIES OR INVESTMENT SERVICES OR AN ENDORSEMENT THEREOF IN ANY JURISDICTION OR IN ANY CIRCUMSTANCE IN WHICH SUCH OFFER OR SOLICITATION IS UNLAWFUL OR NOT AUTHORIZED.
20. Miscellaneous Terms
21. Other Investments (including P2P lending, Bonds) Facilitator Service Terms through Vested also include:
- Vested has partnered with multiple RBI registered NBFC-P2P platforms. Vested is not an Indian registered broker-dealer, investment advisor, lender, and/or money transfer service and does not conduct any activity that would require such registration or certification from any agency including prescribed regulatory authority.
- Vested has partnered with a registered OBPP (Online Bond Platform Providers) Launchpad Fintech Private Limited to offer INR Bonds on its platform.
- On acceptance of these terms and conditions, the Client provides an authority to Vested to represent, act for and on behalf of the Client for the purposes of facilitating the services. On acceptance of these terms and conditions, the Client agrees that Vested may deliver to any third party executing transactions on behalf of the Client, a copy of this document as evidence of the authority of Vested to act for and on behalf of the Client. The Client undertakes to agree to execute into similar agreements or documents including but not limited to duly signed and notarized/apostilled power of attorney at his own cost.
- The Client understands that Vested is an aggregator platform and does not offer, disburse or sell any banking/financial services including P2P lending and Bonds services on their own.
- Vested at its sole discretion may determine and modify, from time to time, the investment plans that are offered through its platform/application.
- Vested at its sole discretion may determine and modify from time to time the partners through which it offers these investment plans.
- Vested at its sole discretion may determine and modify, from time to time, the ratio in which it splits client investments across its partners, maintaining a fiduciary duty towards its client.
- Vested at its sole discretion may determine and modify from time to time the ratio in which it withdraws a client funds across its partners , maintaining a fiduciary duty towards its client.
- Vested platform will endeavour to diversify the risk posed by the investment products by distributing funds invested by the Client across its partners. However, Vested shall not be held responsible for any loss or damage caused to the investors arising out of their investments.
- The Client shall be responsible for:
- carefully reviewing the information about investing and the “investments” available on the Application
- carefully considering the recommendation that Vested generates for you through the Application
- choosing your selected investments
- solely responsible for evaluating the merits and risks associated with any investments before making any investment or other decision based upon the same
- All final resolutions to queries will be offered by Vested’s partners. The Client has the right to reach out to the individual P2P partners, and Vested will endeavour to facilitate the required support. Please feel free to reach out to below-mentioned grievance officers of applicable individual P2P partners:
- In case of any grievances regarding Bonds Investment please feel free to reach out to below-mentioned grievance officers of applicable Bonds partner:
- All transactions in the investment products are between the client and the partner directly, and Vested only facilitates these transactions via its platform/application.
- The Client understands that investment and withdrawal timelines are on a best endeavour basis. Vested has no control or otherwise discretionary power to affect or influence the timelines. The Client understands that the effective date of their investment to start receiving interests/returns is dependent upon the platforms receiving all their information (including the invested amount) in a timely manner. You understand the risk and limitations associated with processing online transactions and agree that Vested shall not in any manner whatsoever be responsible for delay in the effective date of their investment or processing of their withdrawal request or delay of any nature whatsoever. For the purpose of services offered by the platforms, a business day means a day (other than Saturday, Sunday, or public holiday in India).
- The Client understands that maximum investment amount across all P2P platforms within and outside the services provided by Vested is INR 10 lakhs, and can be extended to INR 50 lakhs by providing a certificate from their CA or any other required document as per applicable laws. The Client is responsible for ensuring that they adhere to this limit across all P2P platforms and provide all required documents and up-to-date information to Vested for facilitating the services.
- All communications will be sent to the Client at the email address provided by the Client at the time the Client registers/opens the Vested Account at its platform/application. All communications sent to the Client at the stipulated address electronically will be treated as if they were given to the Client personally, whether or not the Client receives them.
- Investments in securities including debt are subject to risks. The Client agrees that he has read and understood all the offer related documents. The information shown on the website/application of Vested should not be construed as financial advice or as an offer or recommendation to buy or sell any security or any products/services of Vested or any product/services of its third-party client(s). The user undertakes to act and rely on the information/data shown on the website only after understanding all associated risk parameters. Any action/decision taken by the user on the basis of the information shown on this website shall be the sole responsibility of the user. Neither Vested nor its affiliates, directors, employees, associates, representatives, or agents shall be liable for any damages whether direct, indirect, special, or consequential including lost revenue or lost profits that may arise to the user from or in connection with the use of the information/data shown on this website.
- The Client acknowledges that the grant or denial to avail of the services is at the complete and sole discretion of the partner platforms, who may reject or put hold your application in its sole discretion and judgment, whose decision shall be final and binding. Vested will not be responsible for any actions of platforms, including delay, rejection, cancellation, act of omission or commission, negligence, breach of confidentiality, breach of applicable laws, failure on the part of the platforms to discharge their obligations. Vested is merely a facilitator who has no bearing or control over the decision-making process of the platforms. Vested will only allow you to avail of the services offered if all our partner platforms have accepted your application to avail the services of their platform.
- The loan transaction is between lenders and borrowers at their own discretion and Vested is not a party to the transactions nor does it provide any assurance or guarantee of loan disbursement to borrowers or returns to lenders. The information provided on this platform is diligent and checked on a best efforts basis without guaranteeing its accuracy. Any investment decision taken by the lender on the basis of this information is by the discretion of the lender and Vested does not guarantee that the loan amount will be recovered from the borrower either partially or in full.
- Cancellation and Refund Policy:
- The Client acknowledges that the grant or denial to avail of the services is at the complete and sole discretion of the partner platforms, who may reject or put hold your application in its sole discretion and judgment, whose decision shall be final and binding. Vested will not be responsible for any actions of platforms, including delay, rejection, cancellation, act of omission or commission, negligence, breach of confidentiality, breach of applicable laws, or failure on the part of the platforms to discharge their obligations. Vested is merely a facilitator who has no bearing or control over the decision-making process of the platforms. Vested will only allow you to avail of the services offered if all our partner platforms have accepted your application to avail the services of their platform.
- In the event of cancellation of our services due to any avoidable/unavoidable reasons, Vested will notify the Client and publish suitable announcements on its website/application.
- No Liability: Vested shall not be held liable for any losses, damages, or claims arising from the cancellation of an ineligible investment and the subsequent refund process.
- Any refunds, if applicable, will be processed over a period of 2-4 weeks. All claims for refunds are required to be sent to firstname.lastname@example.org. All refunds will also be subject to the purview of our partner’s refund policy.
- The refund policy is subject to change by Vested and our partners, and the changes will apply after due legal diligence. Suitable announcements will be made on the website, and a legally compliant notice period will be given before any changes come into force. If the Client does not wish to accept the revised policy, the Client should not continue to use the services and inform us about the same at email@example.com.
- The Client voluntarily and expressly grants unconditional consent to Vested to receive, collect, process and share their personal information including but not limited to name, date of birth, email id, mobile number, KYC documents such as PAN, identity proof, bank account details, demat account details with their partner platforms (or their appointed third parties) for offering their services. Any revocation of the consent to access, process, share or store the personal information will affect the provisioning of availed services or access to Vested’s platform.
- The Client agrees to notify us promptly by emailing us at firstname.lastname@example.org of any change in the Client’s circumstances or information that might affect the Client’s Vested user account/platform.
- The Client agrees to notify us promptly via email if her personal information including but not limited to email address changes.
- The Client represents and warrants that she is eligible to invest in the opted investment plans as per applicable laws and is not barred by any statue or order or notice in India or outside India.
Investment Eligibility and Consequences:
- Compliance with Eligibility Criteria: The Client agrees to comply with the eligibility criteria as specified in the applicable laws, or regulations. If an investor is found to be ineligible but has still invested in any plan, their investment plan shall be considered void as per the terms and conditions of the investee entity.
- No Liability: Vested shall not be held liable for any losses, damages, or claims arising from the cancellation of an ineligible investment and the subsequent refund process.
- When communicating with Vested through digital media, please:
- Confirm you are visiting the authorised Website;
- Maintain confidentiality of your User ID and OTPs. Vested’s website and application are private, available only to Users through secure log-in procedures. Apart from allowing you to use your User ID and OTP to enter the platform, Vested or its representatives will never ask you for your User ID and/or OTP.
- Do not communicate or deal with personnel who are not affiliated with Vested.
- Do not send emails to anyone with an address other than the authorized Vested’s e-mail addresses. Vested does not permit our employees and authorized representatives to send or receive work related emails from personal accounts or any other address.
22. EFFECT ON OTHER AGREEMENTS
Nothing contained in these terms and conditions is intended to modify or amend any other written agreement you may have with Vested or other users of the Website (Other Agreements if any, that may currently be in effect. In the event of any inconsistency between these Terms and any Other Agreements, the Other Agreements will govern. Some pages within the Website contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these User Terms. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
23. Vested’s Grievance Officer
In accordance with applicable laws if you have any grievances or requests or queries about the use of this platform / any of the terms for use / availing the services provided by Vested on the platform, you may contact the grievance officer appointed by us.
The name and contact details of the Grievance Officer are provided below:
Name: Nidhi Vora