Arya Enterprises is a transparent and ethical company. We provide users our services in agreement with the following terms of use.
We suggest you go through our terms and conditions carefully before you make use of our services.
This document lays out the terms and conditions that apply to the access and use of the Arya Enterprises platform through the website (Arya website to be entered here) (herein after referred to as “Website”), Mobile Application (Application name to be mentioned here) including any other sub-domain or platform which is owned, developed, managed or operated by Arya Enterprises Limited, and/or its affiliates (hereinafter referred to as “App”). App and website shall together hereinafter referred as “Platform”. Arya Enterprises shall hereinafter be referred to as “Arya Enterprises.”
The words, “him”, “his”, “You”, “Your”, “Client”, “User” “Investor”, “I”, “Subscriber” and “Customer” refer to the person(s) who use and avail the Services and Products of Arya Enterprises Website / App and shall include both singular and plural. The Services provided herein is only for Customers who are Indian citizens and tax resident of India.
These terms shall constitute a binding contract between Arya Enterprises and you when you download the App or use the services on Website and / or the App or use its Services on any other platform managed by Arya Enterprises and shall be referred to herein as the “Agreement”. Downloading and installing the App or using the services of the Website or the App shall be deemed to constitute sufficient proof that you have read, understood and accepted these terms.
These Terms and Conditions contain important information regarding the Services that Arya Enterprises will provide to you and for your own protection you should read them carefully before accepting them. If you do not agree to these terms you must not proceed to use the App or use the Services provided on the website or mobile application.
This Agreement may be read with our privacy policy document or other such documents as may apply to a particular account / service / situation / circumstance / transaction.
Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force. All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms contained herein.
You may avail the Services by using your Arya Enterprises user id and password which is provided. You agree and that you shall be solely responsible to always ensure protection and confidentiality of the user ID and password and any disclosure thereof shall be entirely at your risk. You shall not use the App / Website / Service for any commercial purpose. In your use of the App / Website / Service, you shall always comply with all applicable laws. You agree not to circumvent, disable or otherwise interfere with security-related features of the App / Website / Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.
Except for the Services explicitly provided, Arya Enterprises does not provide, control or endorse any third party information, products or services in any manner whatsoever, even if such third party information, products or services are displayed / featured on the App / Website. You hereby represent and warrant that you shall make use of the App / Website / Service as a prudent, reasonable and law-abiding citizen of India.
Arya Enterprises shall not be responsible for any delay or failure in processing any transaction or any request whatsoever resulting from infrastructure issues, like server uptime, network availability and connectivity. You shall not take any action that would cause Arya Enterprises to suffer any type of loss. You shall notify Arya Enterprises of any material change in your situation and / or profile and Arya Enterprises would rely on the most recent information provided by you.
The App / Website / Services may contain links, information or pointers to other websites or services for payments, information verifications, information processing, transaction processing or other required / appropriate services but you should not infer or assume that Arya Enterprises operates, controls, manages or is otherwise connected with these other websites. When you click on a link within the App / Website, Arya Enterprises may or may not warn you that you have left the App / Website and are subject to the terms and conditions, disclaimers (including privacy policies) of another website or its partners & service providers. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on the terms of Arya Enterprises to govern your use of another website. Arya Enterprises is not responsible for the content or practices of any other website even if it links to the site and even if the website is operated by a company affiliated or otherwise connected with Arya Enterprises. You acknowledge and agree that Arya Enterprises is not responsible or liable to you for any content or other materials hosted and served from any website other than the App / Website.
Arya Enterprises shall have the right to charge its users a fee for use of its platform and services as set out in the Fees and Charges section on the Website / App. Arya Enterprises may change fee structure as it determines in its sole discretion from time to time and notice regarding the same shall be intimated to you adequately in advance prior to such change in fee structure. All charges and fees shall be exclusive of taxes and all Government taxes including but not limited to GST shall be payable by you. All charges shall be non-transferable.
I / We have not received nor have been induced by any rebate or gifts.
You agree not to use or disclose the information provided under the service to any third party including any discussion Forums or for any unauthorized illegal purpose or for commercial usage. You also agree to use the information provided under the plan strictly for personal purpose. You should not recompile, disassemble, copy, modify, distribute, transmit, display, perform, reproduce, publish or create derivative works from, transfer, or sell any information, services etc accessed here. You agree that any unauthorized use of Arya Enterprises information or systems shall be unlawful and may subject to civil or criminal penalties.
You agree that Arya Enterprises, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the App and Website, at any time. Arya Enterprises may also in its sole discretion block, restrict, disable, suspend or terminate your access to the App and the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website and / or the App or any account you may have or portion thereof may be effected without prior notice, and you agree that Arya Enterprises will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Arya Enterprises may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the App / Website / Service. The User may terminate his / her account with Arya Enterprises by raising a termination request through the CST section of the App / Website. Such termination request can only be initiated when (i) the portfolio value of the User is Zero, and (ii) there are no monies due to Arya Enterprises from the User.
In no event, Arya Enterprises or its contractors, agents, licensors, directors, employees, associates, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, losses in investment products, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) howsoever arising.
In no event, Arya Enterprises, directors, employees, agents will be liable to You or any third party for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) use of or access to the App and / or the Website or any reference Site / App / Platform / Service; or (iii) Your use or inability to use the Services provided by Arya Enterprises (including any and all materials) or any reference Sites / App / Platform / Service; or (iv) any other interactions with Arya Enterprises, or (v) any action caused by AMC or RTA or any other third party, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of ₹500, or the amount required as per Regulatory guidelines, whichever is lesser.
You acknowledge and agree that Arya Enterprises has offered its Services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Arya Enterprises, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Arya Enterprises. Arya Enterprises would not be able to provide the Services to you on an economically reasonable basis without these limitations. This paragraph shall survive the termination of this Agreement.
You agree to indemnify, save, and hold Arya Enterprises, their affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Services / App / Website; (ii) any violation by You of this Agreement or applicable laws; or (iii) any breach of the representations, warranties, and covenants made by You herein; or (iv) any act, neglect, misconduct or fraud on your part; or (v) sharing and or disclosing the information disclosed hereunder. Arya Enterprises reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Arya Enterprises, including rights to settle, and you agree to cooperate with Arya Enterprises’s defense and settlement of these claims. Arya Enterprises will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
To the fullest extent permissible pursuant to applicable law, Arya Enterprises disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Arya Enterprises or through the App / Website / Service will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Arya Enterprises” includes Arya Enterprises’s officers, directors, employees, affiliates and subsidiaries. You expressly agree that use of the Services on App / Website is at your sole risk.
All information provided through the App or the Website is provided on an “AS IS” best effort basis. You expressly agree that use of the App / Website / Service is at your sole risk. The App / Website / Service and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the App / Website / Service are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Arya Enterprises and any third party suppliers, affiliates, subsidiaries, licensors, employees, and partners do not warrant that the data, software, functions, or any other information offered on or through the app will be uninterrupted or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
You understand and agree that if you use, access, download, or otherwise obtain information, materials, or data through the App / Website / Service, the same shall be at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and / or other device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Arya Enterprises be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the App / Website / Service.
You will not solely rely on the views, representations (whether written or oral or otherwise), recommendations, opinions, reports, analysis, information or other statement made by Arya Enterprises or any of its agents, directors, officers or employees. In the event that you seek to make an investment pursuant to the information or recommendation provided by Arya Enterprises, you shall do so at your own risk, and should consider your financial situation, objectives and needs and consult with your legal, business, tax and / or other professional advisors to determine the appropriateness and consequences of such an investment. You agree that all the final decisions will be yours and Arya Enterprises will not have any liability for consequences of such decisions.
The App / Website / Service are owned and operated by Arya Enterprises. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the App / Website provided by Arya Enterprises (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Arya Enterprises, all Materials, trademarks, service marks, and trade names contained on the App / Website / Service are the property of Arya Enterprises. You agree not to remove, obscure, or alter Arya Enterprises or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the App / Website / Service. Except as expressly authorized by Arya Enterprises, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Arya Enterprises reserves all rights not expressly granted in this Agreement. If You have comments regarding the App / Website / Service or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Arya Enterprises, and shall assign to Arya Enterprises, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Arya Enterprises reserves the right to change, modify, add, or remove portions of this Agreement, privacy policy and disclaimers displayed on our Platform from time to time (“Terms”) (each, a change and collectively, changes). The revised Terms shall be made available on the Platform. You are requested to regularly visit the Platform to view the most current version of the Terms. It shall be Your responsibility to check the Term periodically for changes. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Platform, availing the Services or for payment transactions initiated through the platform after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the App / Website / Service. For certain changes, Arya Enterprises may be required under applicable law to give You advance notice, and Arya Enterprises will comply with such requirements. Your continued use of the App / Website / Service following the posting of changes will mean that you accept and agree to the changes.
The failure of Arya Enterprises to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Arya Enterprises.
If any dispute, controversy or claim arises under this Agreement or in relation to App / Website / Service, including any question regarding the existence, validity or termination of this Agreement or any specific terms contained herein (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute. Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed by Arya Enterprises on behalf of both the Parties in accordance with the Act. The seat of the arbitration shall be Gorakhpur, Uttar Pradesh and the language of this arbitration shall be English. Either You or Arya Enterprises may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or the property belonging to You or Arya Enterprises (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Arya Enterprises may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Arya Enterprises. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Arya Enterprises must be resolved by a court having jurisdiction in New Gorakhpur, Uttar Pradesh, India. You agree to submit to the personal jurisdiction of the courts located within Gorakhpur, Uttar Pradesh, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
These terms and conditions are the entire agreement between you and Arya Enterprises relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Arya Enterprises in accordance with the terms of this Agreement.
The right to use the App / Website / Service is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity.