I. Usage of HedgeCo
1.The HedgeCo Platform (including any/all mobile based applications, website and
web applications) is provided by Metabetter Technologies Pvt. Ltd. ("HedgeCo").
Any person ("User") with a verified account on HedgeCo can trade in a binary
event (Yes/No) on the probability of the occurrence of a specified event by
exercising his knowledge about a given subject and based on publicly available
information (including such information collated and made available through
(HedgeCo).
2. A User accessing the HedgeCo Platform shall be bound by these Terms and
Conditions, and all other rules, regulations and terms of use referred to herein or
provided by HedgeCo in relation to any services provided via the HedgeCo
Platform ("HedgeCo Services").
3. HedgeCo shall be entitled to modify these Terms and Conditions, rules,
regulations and terms of use referred to herein or provided by HedgeCo in
relation to any HedgeCo Services, at any time, by posting the same on HedgeCo
App. Use of HedgeCo constitutes the Users acceptance of such Terms and
Conditions, rules, regulations and terms of use referred to herein or provided by
HedgeCo in relation to any HedgeCo Services, as may be amended from time to
time. HedgeCo may, at its sole discretion, also notify the User of any change or
modification in these Terms and Conditions, rules, regulations and terms of use
referred to herein or provided by HedgeCo, by way of sending an email to the
Users registered email address or posting notification in the User's account. The
User may then exercise the options provided in such an email or notification to
indicate non-acceptance of the modified Terms and Conditions, rules,
regulations and terms of use referred to herein or provided by HedgeCo. If such
options are not exercised by the User within the time frame prescribed in the
email or notification, the User will be deemed to have accepted the modified
Terms and Conditions, rules, regulations and terms of use referred to herein or
provided by HedgeCo.
4. Certain HedgeCo Services being provided on HedgeCo may be subject to
additional rules and regulations set down in that respect. To the extent that these
Terms and Conditions are inconsistent with the additional conditions set down,
the additional conditions shall prevail.
5. HedgeCo may, at its sole and absolute discretion:
i. Restrict, suspend, or terminate any Users access to all or any part of
HedgeCo or HedgeCo Platform Services;
ii. Change, suspend, or discontinue all or any part of the HedgeCo Platform
Services;
iii. Reject, move, or remove any material that may be submitted by a User;
iv. Move or remove any content that is available on the HedgeCo Platform
v. Deactivate or delete a Users account and all related information and files on
the account;
vi. Establish general practices and limits concerning use of HedgeCo Platform;
vii. Offer discounts or cash rewards to its users in a form it deems fit ("Cash
Bonus");
viii. Revise or make additions and/or deletions to the roster of questions, data,
information provided in relation to a particular outcome that is being trade
on;
ix. Assign its rights and liabilities to all User accounts hereunder to any entity
(post such assignment intimation of such assignment shall be sent to all
Users to their registered email ids).
6. In the event any User breaches, or HedgeCo reasonably believes that such User
has breached these Terms and Conditions, or has illegally or improperly used
HedgeCo or the HedgeCo Services, HedgeCo may, at its sole and absolute
discretion, and without any notice to the User, restrict, suspend or terminate
such Users access to all or any part of the HedgeCo Platform, deactivate or
delete the Users account and all related information on the account, delete any
content posted by the User on HedgeCo and further, take any legal steps as it
deems necessary.
7. If HedgeCo charges its Users a platform fee in respect of any HedgeCo
Services, HedgeCo shall, without delay, repay such platform fee in the event of
suspension or removal of the Users account or HedgeCo Services on account
of any negligence or deficiency on the part of HedgeCo, but not if such
suspension or removal is effectuated due to:
i. any breach or inadequate performance by the User of any of these Terms
and Conditions; or
ii. any circumstances beyond the reasonable control of HedgeCo.
8. By accepting these Terms and Conditions, Users are providing their consent to
receiving communications such as announcements, administrative messages
and advertisements from HedgeCo or any of its partners, licensors or
associates.
II. Participation
1. As part of its services HedgeCo shall make available questions relating to the
probability of the occurrence of a specified future event, data and information
collated from publicly available sources related to the specified future event,
and/or the ability for Users to add their own opinions, data/information related to
a particular future event.
2. Depending upon the potential outcome for each specified future event, the time
period of occurrence of such specified future event, the number of trades
received for a specified future event and any other factors that might be relevant
in HedgeCo's sole discretion, Users may be allowed to edit their trades and/or
place multiple trades on the occurrence of a specified future event.
3. The HedgeCo Platform shall, on a best efforts basis, attempt to match a User's
trade on a specified future event with a complementary trade of another User.
Once a complementary trade is found and a match is made, neither of the two
users shall be allowed to withdraw their specific trade and the settlement of the
trades between the two users shall be determined basis the occurrence and
outcome of the specified future event on which the two Users have placed their
trades. If a User makes a trade on a specified future event but no
complementary trade is available till the occurrence of the specified future event,
the trade amount will be returned to such User.
4. HedgeCo reserves the right to abandon a specific question or set of questions
related to a specified future event, or adjust the timeline of any event in certain
specific, uncertain scenarios, which are beyond HedgeCo's reasonable control.
HedgeCo shall endeavour to send communications through various modes
including but not limited to emails and/or SMS communication and/or WhatsApp
messages, about any such change to keep the User updated. Further HedgeCo
will not be responsible for the outcome of any future event, HedgeCo will inform
the User regarding outcome only when the outcome is available in public
domain.
5. Trading on certain specified future events might have specific rules that
HedgeCo will notify the User(s) before making the trade. Such rules will be in
addition to these Terms and Conditions unless otherwise specified in the said
rules.
6. To place a trade, User must pay a certain amount that is
equivalent/commensurate with the likelihood of occurrence of a specified future
event. A winning trade is determined on the basis of the occurrence and
outcome of a specified future event. A User's trade on the said event will be
deemed to be successful if the parameters which formed the basis for the User
making a trade are met and/or have occurred. If the parameters are which
formed the basis for the User making a trade are not met and/or have not
occurred the trade shall not be successful.
7. All Users understand and acknowledge that participation via the HedgeCo
Platform and placing trades on specified future events by a User is based on
Users' individual analysis of the possibility of occurrence of a specified future
event. While HedgeCo collates and provide data and information related to the
future events from publicly available sources on the HedgeCo Platform, Users
are encouraged to use their own method to collect/gather/collate and analyze
information related to the specified future event and trade on the said event only
after making a thorough and detailed analysis and determination as to the
possibility of success of their individual trades.
8. To trade on a specified future event, a User must add money to their
wallet/account on the HedgeCo Platform ("HedgeCo Account"). HedgeCo may,
in its sole discretion, specify the amounts that can be added and/or held by a
User either in aggregate or in tranches. Credits and debits towards making
trades, winning trades or losing trades will be made to and from (as the case
may be) the User's HedgeCo Account.
III. Intellectual Property
1. HedgeCo includes a combination of content collected/collated/analysed by
HedgeCo, its partners, affiliates, licensors, associates and/or Users. The
intellectual property rights ("Intellectual Property Rights") in all software
underlying HedgeCo and the HedgeCo Platform and material published on the
HedgeCo Platform, including (but not limited to) software, advertisements,
content (whether written, audio and/or visual), photographs, graphics, images,
illustrations, graphs, charts, marks, logos, audio or video clippings, animations
etc. is owned by HedgeCo, its partners, licensors and/or associates. Users may
not modify, publish, transmit, participate in the transfer or sale of, reproduce,
create derivative works of, distribute, publicly perform, publicly display, or in any
way exploit any of the materials or content on HedgeCo either in whole or in part
without express written license from HedgeCo
2. Users are solely responsible for all materials (whether publicly posted or
privately transmitted) that they upload, post, e-mail, transmit, or otherwise make
available via the HedgeCo Platform ("Users' Content"). Each User represents
and warrants that they own all Intellectual Property Rights in the Users' Content
and that no part of the Users' Content infringes any third party rights. Users
further confirm and undertake to not display or use of the names, logos, marks,
labels, trademarks, copyrights or intellectual and proprietary rights of any third
party on the HedgeCo Platform. Users agree to indemnify and hold harmless
HedgeCo, its directors, employees, affiliates and assigns against all costs,
damages, loss and harm including towards litigation costs and counsel fees, in
respect of any third party claims that may be initiated including for infringement
of Intellectual Property Rights arising out of such display or use of the names,
logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights
on the HedgeCo Platform, by such User or through the User's commissions or
omissions
3. Users hereby grant to HedgeCo and its affiliates, partners, licensors and
associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable
license to use, reproduce, create derivative works of, distribute, publicly perform,
publicly display, transfer, transmit, and/or publish Users' Content for any of the
following purposes:
i. displaying Users' Content on HedgeCo;
ii. distributing Users' Content, either electronically or via other media, to other
Users seeking to download or otherwise acquire it, and/or;
iii. storing Users' Content in a remote database accessible by end users, for a
charge;
iv. This license shall apply to the distribution and the storage of Users' Content
in any form, medium, or technology;
v. All names, logos, marks, labels, trademarks, copyrights or intellectual and
proprietary rights on the HedgeCo Platform belonging to any person
(including a User), entity or third party are recognized as proprietary to the
respective owners and any claims, controversy or issues against these
names, logos, marks, labels, trademarks, copyrights or intellectual and
proprietary rights must be directly addressed to the respective parties under
notice to HedgeCo.
IV. Third Party Sites, Services and Products
1. Links to other Internet sites owned and operated by third parties may be
provided via the HedgeCo Platform. Users' use of each of those sites is subject
to the conditions, if any, posted by the sites. HedgeCo does not exercise control
over any Internet sites apart from the HedgeCo Platform and cannot be held
responsible for any content residing in any third-party Internet site. HedgeCo's
inclusion of third-party content or links to third-party Internet sites is not an
endorsement by HedgeCo of such third-party Internet site.
2. Users' correspondence, transactions/offers or related activities with third parties,
including payment providers and verification service providers, are solely
between the User and that third party. Users' correspondence, transactions and
usage of the services/offers of such third party shall be subject to the terms and
conditions, policies and other service terms adopted/implemented by such third
party, and the User shall be solely responsible for reviewing the same prior to
transacting or availing of the services/offers of such third party. The User agrees
that HedgeCo will not be responsible or liable for any loss or damage of any sort
incurred as a result of any such transactions/offers with third parties. Any
questions, complaints, or claims related to any third party product or service
should be directed to the appropriate vendor.
3. The HedgeCo Platform contains content that is created by HedgeCo as well as
content provided by third parties. HedgeCo does not guarantee the accuracy,
integrity, quality of the content provided by third parties and such content may
not relied upon by the Users in utilizing the HedgeCo Services provided on the
HedgeCo Platform.
V. Privacy Policy
1. All information collected from Users, such as registration and credit card
information, is subject to HedgeCo's Privacy Policy which is available at Privacy
Policy.
VI. User Conduct
1. Users agree to abide by these Terms and Conditions and all other rules,
regulations and terms of use of the Website. In the event, User does not abide
by these Terms and Conditions and all other rules, regulations and terms of use,
HedgeCo may, at its sole and absolute discretion, take necessary remedial
action, including but not limited to:
i. restricting, suspending, or terminating any User's access to all or any part
of HedgeCo Services;
ii. deactivating or deleting a User's account and all related information and
files on the account. Any amount remaining unused in the User's HedgeCo
Account on the date of deactivation or deletion shall be transferred to the
User's bank account on record with HedgeCo subject to a processing fee
(if any) applicable on such transfers as set out herein;
iii. Users agree to provide true, accurate, current and complete information at
the time of registration and at all other times (as required by HedgeCo).
Users further agree to update and keep updated their registration
information;
iv. A User shall not register or operate more than one User account with
HedgeCo;
v. Each User specifically consents to receiving communications from
HedgeCo via email, SMS and WhatsApp messages;
vi. Users agree to ensure that they can receive all communication from
HedgeCo by e-mails or SMSs or WhatsApp messages from HedgeCo.
HedgeCo shall not be held liable if any e-mail/SMS/WhatsApp message
remains unread by a User as a result of such e-mail getting delivered to
the User's junk or spam folder;
vii. Users agree to exit/log-out of their accounts at the end of each session.
HedgeCo shall not be responsible for any loss or damage that may result if
the User fails to comply with these requirements.
viii. Users agree not to use cheats, exploits, automation, software, bots, hacks
or any unauthorised third party software designed to modify or interfere
with HedgeCo Services and/or HedgeCo experience or assist in such
activity.
ix. Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute,
reverse engineer, grant a security interest in, or otherwise transfer any
right to the technology or software underlying HedgeCo or HedgeCo's
Services.
x. Users agree that without HedgeCo's express written consent, they shall not
modify or cause to be modified any files or software that are part of
HedgeCo's Services.
xi. Users agree not to disrupt, overburden, or aid or assist in the disruption or
overburdening of (a) any computer or server used to offer or support
HedgeCo or the HedgeCo's Services (each a "Server"); or (2) the
enjoyment of HedgeCo Services by any other User or person.
xii. Users agree not to institute, assist or become involved in any type of
attack, including without limitation to distribution of a virus, denial of
service, or other attempts to disrupt HedgeCo Services or any other
person's use or enjoyment of HedgeCo Services.
xiii. Users shall not attempt to gain unauthorised access to the User accounts,
Servers or networks connected to HedgeCo Services by any means other
than the User interface provided by HedgeCo, including but not limited to,
by circumventing or modifying, attempting to circumvent or modify, or
encouraging or assisting any other person to circumvent or modify, any
security, technology, device, or software that underlies or is part of
HedgeCo Services.
xiv. User shall not to publish any content that is patently false and untrue, and
is written or published in any form, with the intent to mislead or harass a
person, entity or agency for financial gain or to cause any injury to any
person.
xv. Without limiting the foregoing, Users agree not to use HedgeCo for any of
the following:
a. To engage in any obscene, offensive, indecent, racial, communal, anti-
national, objectionable, defamatory or abusive action or communication;
b. To harass, stalk, threaten, or otherwise violate any legal rights of other
individuals;
c. To publish, post, upload, e-mail, distribute, or disseminate (collectively,
"Transmit") any inappropriate, profane, defamatory, infringing, obscene,
indecent, or unlawful content;
d. To Transmit files that contain viruses, corrupted files, or any other
similar software or programs that may damage or adversely affect the
operation of another person's computer, HedgeCo, any software,
hardware, or telecommunications equipment;
e. To advertise, offer or sell any goods or services for any commercial
purpose on HedgeCo without the express written consent of HedgeCo;
f. To download any file, recompile or disassemble or otherwise affect our
products that you know or reasonably should know cannot be legally
obtained in such manner;
g. To falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or the source of
software or other material;
h. To restrict or inhibit any other User from using and enjoying any public
area within our sites;
i. To collect or store personal information about other Users;
j. To interfere with or disrupt the HedgeCo and/or the HedgeCo Platform,
HedgeCo servers, or HedgeCo networks;
k. To impersonate any person or entity, including, but not limited to, a
representative of HedgeCo, or falsely state or otherwise misrepresent
User's affiliation with a person or entity;
l. To forge headers or manipulate identifiers or other data in order to
disguise the origin of any content transmitted through HedgeCo or to
manipulate User's presence on HedgeCo(s);
m. To take any action that imposes an unreasonably or disproportionately
large load on HedgeCo's infrastructure;
n. To engage in any illegal activities;
o. To engage in any action that 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 other
nation.
2. If a User chooses a username that, in HedgeCo's considered opinion is
obscene, indecent, abusive or that might subject HedgeCo to public
disparagement or scorn, or a name which is an official team/league/franchise
names and/or name of any sporting personality, as the case may be, HedgeCo
reserves the right, without prior notice to the User, to restrict usage of such
names, which in HedgeCo's opinion fall within any of the said categories and/or
change such username and intimate the User or delete such username and
posts from HedgeCo, deny such User access to HedgeCo, or any combination
of these options.
3. Unauthorized access to the HedgeCo Platform is a breach of these Terms and
Conditions, and a violation of the law. Users agree not to access the HedgeCo
Platform by any means other than through the interface that is provided by
HedgeCo via the HedgeCo Platform for use in accessing the HedgeCo Platform.
Users agree not to use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor, or copy any part of our
sites, except those automated means that we have approved in advance and in
writing.
4. Use of the HedgeCo Platform is subject to existing laws and legal processes.
Nothing contained in these Terms and Conditions shall limit HedgeCo's right to
comply with governmental, court, and law-enforcement requests or requirements
relating to Users' use of HedgeCo.
5. Persons below the age of eighteen (18) years are not allowed to register with or
trade via the HedgeCo. All persons interested in becoming HedgeCo Users must
disclose their age at the time of getting access to the HedgeCo. If a person
declares a false age, HedgeCo shall not be held responsible and such person
shall, in addition to forfeiting any and all rights over their HedgeCo Account, shall
indemnify and hold HedgeCo, its Directors, officers, employees, agents, affiliates
harmless of any and all losses that may be suffered by HedgeCo its Directors,
officers, employees, agents, affiliates by virtue of such false declaration being
made. In case the person making the false declaration is below the age of 18
such person's legal guardians shall indemnify and hold HedgeCo, its Directors,
officers, employees, agents, affiliates harmless of any and all losses that may be
suffered by HedgeCo its Directors, officers, employees, agents, affiliates by
virtue of such false declaration having been made by said person.
6. HedgeCo may not be held responsible for any content contributed by Users on
the HedgeCo Platform.
VII. Eligibility
1. The HedgeCo is open only to persons above the age of 18 years.
2. The HedgeCo is open only to persons, currently residing in India.
3. Persons who wish to participate must have a valid email address.
4. HedgeCo may on receipt of information, bar a person from participation and/or
withdrawing amounts from their HedgeCo Account if such person is found to be
one with insider knowledge of certain specified future events on which such
person is/has placed trade.
5. Only those Participants who have successfully registered on the HedgeCo shall
be eligible to trade on the outcome of specified future events.
VIII. Payment Terms
1. In respect of any trades placed via the HedgeCo, Users agrees to be bound by
the following payment terms:
i. A User can only place a trade if the User's HedgeCo Account has a
minimum balance that corresponds to the amount the User wishes to
trade.
ii. When a User places a trade, HedgeCo shall place a hold on the trade
amount in the User's account.
iii. HedgeCo reserves the right to charge a Platform Fee, which would be
specified and notified by HedgeCo from time to time. The Platform Fee
(inclusive of applicable tax thereon) will be debited from a User's account
balance at the time of determination of the outcome of a specified future
event on which the user has placed a trade. HedgeCo shall issue an
invoice for such debit to the User.
iv. All trade amounts shall be debited from the User's HedgeCo Account and
all winning trades shall be credited to the User's HedgeCo Account after
deduction of the Platform Fee.
v. If a User has not made any bids for a continuous period of 365 days, 10%
of the User's funds as available on the HedgeCo Account shall be forfeited.
HedgeCo, shall provide a notice period of 7 working days before the said
forfeiture, during which time the User can choose to trade and if the User
does not trade in the said notice period, HedgeCo shall be constrained to
forfeit the amount. Further HedgeCo in its sole discretion, may choose to
reverse such forfeiture, either in whole or part.
vi. HedgeCo may at its sole discretion, fix limit on the amount, a user may be
allowed to deposit into or withdraw from their HedgeCo Account and define
minimum limits which must be met in a User's Account before allowing a
withdrawal. When a User is eligible to withdraw money from their User
Account, HedgeCo shall effect an online transfer to the User's bank
account on record with HedgeCo within a commercially reasonable period
of time. Such transfer will reflect as a debit to the User's HedgeCo
Account. Users may be required to provide certain "Know Your Customer"
("KYC") documents in order for HedgeCo to process the withdrawal
request. The name mentioned on the User's KYC document(s) should
correspond with the name provided by the User at the time of registration
on HedgeCo, as well as the name and address existing in the records of
the User's bank account as provided to HedgeCo. In the event that no
bank account has been registered by the User against such User's account
with HedgeCo, or the User has not verified his/her User account with
HedgeCo, to HedgeCo's satisfaction and in accordance with these Terms
and Conditions, and in case the User fails to register a bank account with
his/her User Account and/or to verify his/her User Account, HedgeCo shall
not transfer any amounts to the User.
vii. Further, in order to conduct promotional activities, HedgeCo may, from
time to time, gratuitously issue certain amounts ("Promotional Balance")
to the User for the purpose of participation on the HedgeCo Platform. The
usage of any Promotional Balance issued by HedgeCo to the User shall be
subject to the limitations and restrictions as determined by HedgeCo in its
sole discretion. The issue of any Promotional Balance to a User is subject
to the sole discretion of HedgeCo and cannot be demanded by any User
as a matter of right.
viii. Subject to these Terms and Conditions and any additional Terms
published by HedgeCo from time to time, Users agree that once they
confirm a transaction on HedgeCo, they shall be bound by and make
payment for that transaction.
IX. Dispute and Dispute Resolution
1. If any dispute arising out of, or in connection with, the HedgeCo Services
provided by HedgeCo via the HedgeCo Platform, the construction, validity,
interpretation and enforceability of these Terms and Conditions, or the rights and
obligations of the User(s) or HedgeCo, as well as the exclusive jurisdiction to
grant interim or preliminary relief in case of any dispute referred to arbitration as
given below arises between the User(s) and HedgeCo ("Dispute"), the disputing
parties hereto shall endeavour to settle such Dispute amicably. The attempt to
bring about an amicable settlement shall be considered to have failed if not
resolved within 30 (thirty) days from the date of communicating the Dispute in
writing.
2. If the parties are unable to amicably settle the Dispute as mentioned above, any
party to the Dispute shall be entitled to serve a notice invoking Arbitration. The
Dispute shall be referred to and finally resolved by arbitration. The Arbitration
shall be conducted by an Arbitral Tribunal consisting of a sole arbitrator in
accordance with the Rules of the Delhi International Arbitration Centre ("DIAC
Rules"), which rules are deemed to be incorporated by reference in this clause.
The seat of the arbitration shall be New Delhi. The Tribunal shall consist of one
arbitrator. The language of the arbitration shall be English. The law governing
the arbitration agreement shall be Indian Law.
3. Nothing shall preclude any Party from seeking interim or permanent equitable or
injunctive relief, or both, from the competent courts at New Delhi, having
jurisdiction to grant relief on any Disputes. The pursuit of equitable or injunctive
relief shall not be a waiver of the duty of the Parties to pursue any remedy
(including for monetary damages) through the arbitration described herein.
4. The arbitration award will be final and binding on the Parties.
X. Release and Limitations of Liability
1. Users shall access the HedgeCo Services provided via the HedgeCo voluntarily
and at their own risk. HedgeCo shall, under no circumstances be held
responsible or liable on account of any loss or damage sustained by Users or
any other person or entity during the course of access to the HedgeCo Platform.
2. By accessing the HedgeCo Platform and HedgeCo Services provided therein,
Users hereby release from and agree to indemnify HedgeCo, and/or any of its
directors, employees, partners, associates and licensors, from and against all
liability, cost, loss or expense arising out their access of the HedgeCo Platform
and the HedgeCo Services including (but not limited to) personal injury and
damage to property and whether direct, indirect, consequential, foreseeable, due
to some negligent act or omission on their part, or otherwise.
3. HedgeCo accepts no liability, whether jointly or severally, for any errors or
omissions, whether on behalf of itself or third parties in relation to the
data/information collated and published on the HedgeCo Platform.
4. HedgeCo shall not be liable for any unauthorised use of any User's account by
any third party. User shall be solely responsible for any all losses, costs,
damages and the like which are incurred by any unauthorised use by any third
party.
5. Users shall be solely responsible for any consequences which may arise due to
their access of HedgeCo Services by conducting an illegal act or due to non-
conformity with these Terms and Conditions and other rules and regulations in
relation to HedgeCo Services, including provision of incorrect personal details.
Users also undertake to indemnify HedgeCo and their respective officers,
directors, employees and agents on the happening of such an event (including
without limitation cost of attorney, legal charges etc.) on full indemnity basis for
any loss/damage suffered by HedgeCo on account of such act on the part of the
Users.
6. Users shall indemnify, defend, and hold HedgeCo harmless from any third
party/entity/organization claims arising from or related to such User's
engagement with the HedgeCo Platform. In no event shall HedgeCo be liable to
any User for acts or omissions arising out of or related to User's engagement
with the HedgeCo.
7. In consideration of HedgeCo allowing Users to access the HedgeCo Platform, to
the maximum extent permitted by law, the Users waive and release each and
every right or claim, all actions, causes of actions (present or future) each of
them has or may have against HedgeCo, its respective agents, directors,
officers, business associates, group companies, sponsors, employees, or
representatives for all and any injuries, accidents, or mishaps (whether known or
unknown) or (whether anticipated or unanticipated) arising out of the provision of
HedgeCo Services.
XI. Disclaimers
1. To the extent permitted under law, neither HedgeCo nor its parent/holding
company, subsidiaries, affiliates, directors, officers, professional advisors,
employees shall be responsible for the deletion, the failure to store, the mis-
delivery, or the untimely delivery of any information or material.
2. To the extent permitted under law, HedgeCo shall not be responsible for any
harm resulting from downloading or accessing any information or material, the
quality of servers, products, HedgeCo Services or sites.
3. Any material accessed, downloaded or otherwise obtained through the HedgeCo
Platform is done at the User's discretion, competence, acceptance and risk, and
the User will be solely responsible for any potential damage to User's computer
system or loss of data that results from a User's download of any such material.
4. HedgeCo shall make best endeavours to ensure that the HedgeCo(s) is error-
free and secure, however, neither HedgeCo nor any of its partners, licensors or
associates makes any warranty that:
i. the HedgeCo Platform will meet Users' requirements;
ii. HedgeCo Platform will be uninterrupted, timely, secure, or error free;
iii. the results that may be obtained from the use of HedgeCo will be accurate
or reliable; and
iv. the quality of any products, HedgeCo Services, information, or other
material that Users purchase or obtain through the HedgeCo will meet
Users' expectations.
5. In case HedgeCo discovers any error, HedgeCo reserves the right (exercisable
at its discretion) to rectify the error in such manner as it deems fit, including
through a set-off of the erroneous payment from amounts due to the User or
deduction from the User's account of the amount of erroneous payment. In case
of exercise of remedies in accordance with this clause, HedgeCo agrees to
notify the User of the error and of the exercise of the remedy(ies) to rectify the
same.
6. To the extent permitted under law, neither HedgeCo nor its partners, licensors or
associates shall be liable for any direct, indirect, incidental, special, or
consequential damages arising out of the use of or inability to use our sites,
even if we have been advised of the possibility of such damages.
7. Any HedgeCo Services being hosted or provided, or intended to be hosted on
the HedgeCo and requiring specific permission or authority from any statutory
authority or any state or the central government, or the board of directors shall
be deemed cancelled or terminated, if such permission or authority is either not
obtained or denied either before or after the availability of the relevant HedgeCo
Services are hosted or provided.
8. To the extent permitted under law, in the event of suspension or closure of any
HedgeCo Services Users shall not be entitled to make any demands, claims, on
any nature whatsoever.
XII. Grievance Redressal Mechanism
1. In case a User has any complaints or grievance pertaining to (i) any Content that
a User believes violates these Terms (other than an infringement of Intellectual
Property Rights), (ii) Users' access to the HedgeCo Platform or (iii) any Content
which a User believes is, prima facie, in the nature of any material which is
obscene, defamatory towards the complainant or any person on whose behalf
such User is making the complaint, or is in the nature of impersonation in an
electronic form, including artificially morphed images of such individual, please
share the same with us by writing to: info@hedgeco.app
2. In the complaint or grievance, the User shall include the following information:
i. Name and contact details: name, address, contact number and email
address;
ii. Relation to the subject matter of the complaint, i.e. complainant or person
acting on behalf of an affected person;
iii. The name and age of the person aggrieved or affected by the subject
matter of the complaint, in case the User is acting on behalf of such person
and a statement that the User is authorised to act on behalf of such person
and to provide such person's personal information to HedgeCo in relation
to the complaint/grievance;
iv. Description of the complaint or grievance with clear identification of the
Content in relation to which such complaint or grievance is made;
v. A statement that the User believes, in good faith, that the Content violates
these Terms and Conditions;
vi. A statement that the information provided in the complaint or grievance is
accurate.
3. HedgeCo respects the Intellectual Property Rights of others. All names, logos,
marks, labels, trademarks, copyrights or intellectual and proprietary rights on the
HedgeCo Platform belonging to any person (including User), entity or third party
are recognized as proprietary to the respective owners. Users are requested to
send HedgeCo a written notice/ intimation if Users notice any act of infringement
on the HedgeCo, which must include the following information:
i. A clear identification of the copyrighted work allegedly infringed;
ii. A clear identification of the allegedly infringing material on the HedgeCo
Platform;
iii. Contact details: name, address, e-mail address and phone number;
iv. A statement that the User believes, in good faith, that the use of the
copyrighted material allegedly infringed on the HedgeCo, is not authorized
by the User's agent or the law;
v. A statement that the information provided in the notice is accurate and that
the signatory is authorized to act on behalf of the owner of an exclusive
copyright right that is allegedly infringed;
vi. User's signature or a signature of the User's authorized agent.
4. The aforesaid notices can be sent to the Company by email at
info@hedgeco.app.
5. On receiving such complaint, grievance or notice, HedgeCo reserves the right to
investigate and/or take such action as HedgeCo may deem appropriate.
HedgeCo may reach out to the User to seek further clarification or assistance
with the investigation, or verify the statements made in the complaint, grievance
or notice, and the User acknowledges that timely assistance with the
investigation would facilitate the redressal of the same.
6. The name and details of the Grievance Redressal Officer is as follows: Name:
Ilan Bhatia, Email: info@hedgeco.app, Address: Metabetter Technologies
Private Limited, 727, Asian Games Village, Mahabir Prasad Block, Delhi 110049,
India. The Grievance Officer identified above pursuant to the provisions of
applicable laws including but not limited to the Information Technology Act, 2000
and the Consumer Protection Act, 2019, and the Rules enacted under those
laws. The Company reserves the right to replace the Grievance Redressal
Officer at its discretion through publication of the name and title of such
replacement on the website, which replacement shall come into effect
immediately upon publication.