General Terms

• By Submitting my contact details here, I override my National Do Not Call Registry registration and authorize / give express consent to Cirrus / Tradinx owned, operated and managed by Quartgen Solutions Pvt. Ltd. (QSPL) to allow me access to Cirrus / Tradinx platform to access multiple trading accounts added by me.
  
  I authorize QSPL approved representatives to contact me via call, SMS, Email, and Whatsapp.
• I/We agree to receive transaction bills and Statement of Accounts in Electronic mode.
• These Terms shall govern the relationship between QSPL and its clients (hereinafter “Client”, “you”, or “your”). Access to, and usage of your account and the Platform is subject to your compliance with the Terms set forth herein, read with the FAQs, and any other documents as may be applicable. This includes but is not limited to the various application forms and undertakings signed by you, if any, at the time of opening your account(s). Please note that the information contained herein is subject to change without notice. Please read this page carefully and retain it for future reference. You agree to any and all changes to the Terms without specific communication from QSPL, by your continuing usage of the Platform.

Disclaimer

• The Client understands and agrees that all investment and/or trading decisions are based on the Client's own investment objectives and evaluation of prevailing financial circumstances. This extends to all decisions made by the Client on the basis of any information that may be available on the Platform. The Client understands that QSPL is merely a facilitator providing access to its Clients to participate in the financial markets, and that QSPL does not seek to influence or otherwise affect the decision-making process of its Clients in any way whatsoever.
• The Client shall not hold nor seek to hold QSPL or any of its officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates liable for any trading losses or damages incurred as a consequence of relying upon any information, opinions, advice or any other material whatsoever on the Platform or in any brochures, promotional material or any other literature promulgated by QSPL or any of its affiliates or partners.
• The Client shall seek independent advice from professionals on the suitability of any investment decisions. The Client acknowledges that employees and representatives of QSPL are not authorized to give any such advice, and that the Client shall not solicit or rely upon any such advice from QSPL or any of its employees or representatives. Any advice of this nature inadvertently given by any employee or representative of QSPL shall strictly be construed as being in their personal capacity, and QSPL disclaims any liabilities arising thereto.

Account Opening

• Before availing of any online trading services on the Platform, the Client is required to complete QSPL’s registration process, as may be prescribed from time to time. To register yourself, you are required to follow the procedure mentioned on the Platform, along with any instructions communicated to you by QSPL’s employees or representatives. Your account shall be opened after submission of the requisite documentation and its verification and at the sole discretion of QSPL.
• In case of online account opening using Aadhaar, data will be fetched from the KYC database and cannot be edited.

Account security and passwords

• Email ID you provided at the time of initial login will be your user id which you can use any of the facility available on the platform. You can reset your password at your discretion. All terms regarding the use, reset and modification of such login credentials shall be governed by these Terms, as well as by any other relevant information on the Platform.
• You may reset passwords at any point in time by selecting the ‘Forgot User ID or Password’ link under the ‘Login’ tab of the Website or the Kite app. A reset link is immediately sent to your registered email ID upon this link being selected. A new unique password is required to be created for you to gain access to your trading account on the Platform.
• The Client acknowledges that they shall be responsible for maintaining their Client ID and password in a secure and confidential manner of respective brokers. Clients shall solely be responsible for all orders entered and transactions executed on the Platform using their login credentials, irrespective of whether the person actually executing such transactions were authorized to do so or not. QSPL assumes no responsibility whatsoever for any liabilities arising out of unauthorized access to a Client’s password or login credentials.
• To execute order in any of the account, client need to add the account in the Cirrus portal after login to it’s own Cirrus account. To add account in the Cirrus login, client need to login through API of respective broker. Once respective account is login to Cirrus, it is assumed that account holder has given all the authority to client who is login to the Cirrus Platform and he / she is authorized to execute all the traders through Cirrus Platform. QSPL or any of its officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates is not responsible for any trades executed on or through Cirrus platform.
• QSPL or any of its officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates does not execute trade on behalf of client and will never request to execute any trade. In case of black swan event or in the event of technical issue at Cirrus end or technical issue at broker end or any issue at Client’s end, Client is expected to directly manage the trades through respective broker’s website / mobile application / customer care of respective broker. QSPL or any of its officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates will not be responsible for loss of profit or loss in any such unforeseen events.

Modification of details

• The Client declares that the modification information provided by them, is true to the best of their knowledge.
• The Client undertakes to inform QSPL of any discrepancies, changes, or incorrect information that they become aware of, immediately.
• The Client understands and accepts that in case any information provided for modifying bank account details is incorrect or misleading, they would be held liable for all such consequences/actions taken.
• The Client understands that changes made or proposed to be made in the personal information of client will only have effect on data with QSPL and will not have any effect on their Trading and Demat account with the broker.

Price Data

• QSPL does not share real-time price data, except with third parties where it is required for the orderly functioning of the securities market, or where permitted by Applicable Law.
• QSPL use Price Data from the authorized vendor of the exchanges. QSPL does not resale the Price Data and the data shared on the Cirrus platform is for reference purpose to place the order.
• There may be time leg between the price flashed on the Cirrus platform and order executed. QSPL will not be held responsible for the difference in order placement price and order executed price.
• QSPL reserves the right to share market price data for investor education and awareness, with time lags as determined by Applicable Law.

Orders

• All orders and instructions routed through QSPL’s Platform via Cirrus’s login, including but not limited to those for purchase, sale or trading of any securities, shall be deemed to have been made by the Client or authorized representative of Client.
• QSPL shall in no way be responsible for any orders entered by the Client by mistake on the Platform. Every order entered by the Client shall be deemed to be a valid order, for which the Client shall bear full responsibility.
• Although orders are sent to broker and routed to the Exchange’s computer systems within a few seconds of the order being placed by the Client on the Cirrus Platform, QSPL shall not be liable for any delays in the execution of any order, or for any resultant losses on account of such delays.
• In case of a market order placed on the Platform, the Client understands that the price received shall be the price at which the order is executed by the Exchange’s computer system and that such price may be different from the prevailing price the security was trading at when the order was entered on the Platform.
• The Client understands that all orders placed on the Platform shall be forwarded to the broker and in turn to the Exchange. In the event the order is placed during trading hours, it shall immediately be routed to and executed on the Exchange through broker, subject to the availability of counterparties. The Client understands that QSPL does not exercise control over the execution of any orders that have already been sent to the Exchange. Fulfilment of all orders is subject to the counter parties available in the market.
• QSPL cannot guarantee the cancellation or modification of an order pursuant to a Client’s request to that effect. The order will be cancelled or modified only if the Client’s request for cancellation or modification is received by the Exchange before it is executed. Market orders are usually subject to immediate execution.
• The Client shall not presume an order to have been executed, cancelled or modified until a confirmation from QSPL is received. Sometimes, due to technical or administrative reasons, a confirmation may not be immediately transmitted to or received by a Client. Such delay does not imply that the order has been executed, cancelled or modified, unless QSPL confirms so to the Client in writing.
• Your broker may, from time to time impose or vary limitations on the orders or instructions the Client may place on the Platform. Such limitations include, but are not restricted to exposure limits, turnover limits, limits on the number, value and/or types of securities for which orders may be placed, scrips in respect of which orders can be placed, etc. The Client is aware that your broker may need to vary or increase such limitation, or impose new limitations altogether on an urgent basis, based on respective broker’s assessment of the risk involved and such other factors that your broker may consider relevant. The Client understands and agrees that your broker may at any time, at its sole discretion and without prior notice, prohibit or restrict the Client’s ability to place orders or trade in securities. In the event of any such limitations or restrictions imposed by the broker, your order will not be executed and QSPL will not be liable for any loss or loss of profit to the client.
• The Client understands that your broker may be unable to inform the Client of any such variations, reductions or impositions in advance. The Client agrees that QSPL shall not be liable to the Client for any losses resulting from such variations, reductions or impositions, or for the Client’s inability to route any order through the Platform. The Client understands and agrees that your broker may at any time, at its sole discretion and without prior notice, prohibit or restrict the Client’s ability to place orders or trade in any securities on the Platform and in such case QSPL will not be able to execute the orders on the broker’s portal.
• Your broker may, at its sole discretion, reject any order on the Platform for any reason whatsoever, including but not limited to the non-availability of funds in the Client’s trading account, non-availability of securities in the Client’s Demat account, insufficient margin amounts, suspension of scrip- specific trading activities by or on an Exchange, and applicability of circuit breakers to a scrip for which orders have been placed. The Client agrees that in the event that an order is not accepted on the Platform for any reason, QSPL shall have the right to treat such order as having lapsed and QSPL will not be responsible for any loss or loss of profit.
• The Client understands that if, for any circumstance or for any reason, the markets close before the acceptance by the Exchange of any order, such order may be rejected. The Client further agrees that your broker may reject any orders that are being rejected by the Exchange. In case of rejection of an order due to rejection by the Exchange, the Client agrees that the order shall remain declined and shall not be reprocessed in any circumstance.
• QSPL is not a broker hence does not place orders directly with the exchanges. QSPL works as a intermediary and places the order request to your respective broker. All the conditions of order cut off timing, margin requirement, ban in securities, etc. are governed by the Exchange or your broker and QSPL will not be responsible for any non-executed order.
• Order execution depends upon multiple factors which includes but not limited to internet connectivity at Client’s location, internet connectivity where QSPL’s server is placed, technological glitch or issue at QSPL Platform / Broker’s end / Exchange or any other reason. In the event of order not placed / executed on the exchange because of any of the reason listed above, QSPL will not be responsible.

Margin

• The Client agrees and undertakes to immediately deposit with broker such cash, securities, or any acceptable security which respective broker may require as margin. The Client agrees that respective broker may require the Client to deposit with them a higher margin than that prescribed by the Exchange. Broker may also require the Client to keep permanently with them a margin of a value specified, for the entire duration of time the Client desires to avail of Online Trading Service with the broker. QSPL simply pool the data as shared by the broker and margin requirement is solely depending upon the requirement of respective broker.
• Broker shall, at its sole discretion, have the irrevocable right to set off a part or entirety of the margin i.e.,- by way of appropriating the relevant amount of cash or by sale or transfer of all or some of the securities which form part of the margin, against any dues of the Client in the event of the failure of the Client or a member of the Group of the Client to meet any of their respective obligations under these Terms. QSPL has no rights or obligation if existing positions are squared off by the broker or because of any restrictions new positions are not created by the broker.
• Without prejudice to any of Broker’s other rights, broker shall be entitled to liquidate or close out any or all of the Client's positions for non-payment of margins or outstanding debts. The proceeds of such liquidation or close outs, if any, shall be adjusted against the Client's liabilities and obligations. Any and all losses and financial charges on account of such liquidation or closing-out shall be charged to and borne by the Client and QSPL will not be responsible for any such losses.
• The Client agrees to abide by the exposure limits, as set from time to time by the respective broker, the Exchange, the Clearing Corporation or SEBI.
• The Client is aware that broker is required to deposit sufficient margin with the Exchange to enable all its eligible clients to trade, subject to such limits as may be imposed. However, there may be times of extreme volatility wherein the deposits made by respective broker with the Exchange may not be sufficient to cover the positions of all its Clients. In such circumstances, broker’s trading terminals may be temporarily suspended on account of the cumulative effect of shortfall of margin obligations by various Clients. In these circumstances, no Client shall have the right to claim any damages from QSPL for any losses that they might incur on account of such suspension of trading.

Fees and charges

• The Client agrees to pay QSPL all the fees and charges by whatever name so called, as agreed with the Client. The fees / charges will be agreed with the Client in advance and it is available in the profile section for reference. In case of any dispute the Client is requested to inform to QSPL within 24 hours of opening the account with QSPL otherwise it is deemed to be assumed that the Client is agreeing to the Fees / Charges as reflected in the profile section.
• On a daily basis, Fees will be charged based on the daily transactions initiated by the Client. The Fees / Charges along with applicable GST or any other tax on the same will be adjusted against the prepaid balance of the Client at the end of each trading day. The Client will get the invoice after end of trading session which will reflect the transactions and invoice for the day. The Client agrees to let QSPL adjust the fees / charges against the advance placed with the QSPL towards Fees / Charges along with GST or any other applicable tax.
• In the event of sufficient balance not available on any particular trading day, QSPL will not hold the transaction processing for the day. However, subsequent day transactions will be initiated only when past dues are cleared and client will have sufficient balance to pay the Fees / Charges. There may a possibility that the Client is holding overnight positions but next day he / she is not able to initiate the trade on the Cirrus platform because of insufficient balance with QSPL or previous day’s dues are not cleared with QSPL. The Client needs to make sure that all the dues of QSPL are cleared and maintains sufficient balance with QSPL to avoid any service disruption on the Cirrus Platform.

Client account termination or suspension

• There may be circumstances, including but not limited to the breach of applicable law and the terms, wherein QSPL will be required to suspend / terminate services offered to the Client, which will prevent the Client from utilizing certain / all / any features available on the Platform.
• Upon suspension / termination of QSPL’s services, regardless of the reason(s), the Client’s right to use the services immediately ceases. QSPL will not be liable to the Client or any third party for any claims or damages arising out of any suspension / termination of services or any other actions taken in connection with such suspension / termination.
• Directors or Partners of QSPL reserves all the right terminate or suspend any of the Client’s account if they feel the activities of the Client is suspicious or not in the interest of the QSPL. The Client will not have any right to operate once account is terminated or under suspension. The prepaid balance deposited by the Client will be forfeited and will not be returned in case of account is terminated or suspended.

Representations and warranties

Clients represent and warrant to QSPL the following;

• They are capable of being a valid counterparty to these Terms, including but not limited to being of 18 years, and not barred by any law from accessing the Platform or any services offered by QSPL, and that these Terms are not in contravention to the rights of any party with whom such Client has any agreements, at any time prior to agreeing to these Terms and while continuing to using the Platform and availing QSPL services.
• The Client confirms that the multiple accounts operated by them under the single login of Cirrus are their own accounts or accounts where he / she has authority to operate the account legally. Under no circumstances the Client will operate the accounts of others where he / she does not have any authority and any claims arising out of such unauthorized usage will be solely responsibility of the Client and QSPL, it’s Directors, it’s partners or its employees are not liable under any circumstances.
• The Client shall always provide QSPL with valid and updated personal / corporate details about themselves that QSPL may require from time to time including documentary proof thereof. Such details include but are not restricted to PAN Number or Aadhar No. The Client warrants to QSPL that all such details represented to QSPL are factually true.
• The Client has made efforts to make themselves aware of the various risks associated with executing transactions on the various Exchanges, and in particular, the risks involved in online trading via the internet on the Platform. The Client agrees not to pursue any claims against the QSPL on account of any suspension, interruption, non-availability or malfunctioning of the online trading system of the QSPL, for any reasons whatsoever.
• The Client shall always ensure the security and confidentially of their account password and 2FA credentials and shall undertake not to reveal these details to any unauthorized person or third parties.
• The Client shall bear full responsibility for all the orders entered on the Platform through their Cirrus login.
• The Client confirms that he / she has thorough understanding of various types of Stop Loss available on the Cirrus Platform and he / she is aware of how to make use of the same. The Client confirms that he / she is aware of feature of multiplier hence the Client takes full responsibility of the orders processed through Cirrus Platform in different account.
• The Client confirms that he / she is aware of how different options strategies works and he / she is aware of potential losses associated with respective strategies. QSPL will not be responsible for inappropriately created strategies or any potential losses because of the same.

QSPL represents and warrants to the Client that it has complied with and shall continue to comply with all the statutory and regulatory directions in order to offer internet trading services on the Platform in the cash as well as derivatives segment of the various Exchanges. QSPL works as intermediatory Platform which connects with multiple brokers to support the Client to execute multiple traders at a faster processing speed and does not provide internet-based trading services individually.

Intellectual Property

• All intellectual property, including in relation to the Platforms, including any software, techniques and processes used, and any trademarks, logos, images, material, content, designs, information and other content available on the Platform belongs exclusively to QSPL or is licensed to QSPL. By no means is any proprietary right or license in any intellectual property impliedly or expressly granted by QSPL to the Client or any other user of the Platform (together “Users”) through the User’s use of the Platform.
• You shall not copy, decompile, reverse engineer, or otherwise attempt to discover any source code, license, use or assign any intellectual property in the Platform, copy any logos, brand names, marketing or branding material or pictures from the Platform, remove any copyright and other proprietary notices contained in any content on the Platform, or use spiders, crawlers or robots for the purpose of accessing the Platform, or any content on the Platform.
• Any unauthorized use of QSPL’s intellectual property rights in connection with any other good, service or offering will constitute an infringement of the intellectual property rights of QSPL and may be actionable under the applicable laws.

Client Content and Platform Use

• The User is responsible for all the content that they post, upload, modify, publish, transmit, or share on the Platform (including using any artificial intelligence models, and with respect to its appropriateness, legitimacy, lawfulness and ownership) and must ensure that the content posted is in conformity with these Terms and applicable laws. Further, QSPL is committed to protecting the principles of equality, free speech, privacy and personal liberty applicable to all Users of the Platform. However, the User shall not upload, modify, publish, transmit, or share any information or content that:
  • does not belong to the User/User does not have any right to,
  • is obscene, pornographic, or invading another’s privacy,
  • is harmful to children, is insulting or harassing on the basis of gender, or is racially or ethnically objectionable,
  • is relating to or encouraging money laundering or gambling, or an online game that causes user harm,
  • is in the nature of an online game that is not verified as a permissible online game,
  • is promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence,
  • infringes any intellectual property rights, other proprietary rights or any law in force,
  • deceives or misleads the addressee about the origin of a message or knowingly and intentionally provides any misinformation or false information,
  • is identified as fake or false or misleading by a fact check unit of the Indian Government, in relation to any business of the Indian government,
  • is an advertisement, surrogate advertisement, or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game,
  • impersonates another person,
  • threatens unity, integrity, defence, safety, security or sovereignty of India, friendly relations with other 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,
  • contains anything to intentionally harm a computer resource, such as viruses,
  • is false and published with the intent to mislead or harass persons or entities for financial gain or to cause injury, and
  • violates any other law.
• QSPL does not have any obligation to monitor any User content on the Platform. However, QSPL, at its discretion and in accordance with applicable law, may review any content and may also remove any content from the Platform if it is determined at QSPLs sole discretion that such content is in violation of the Terms or any applicable law. Such actions do not in any manner negate or dilute QSPL’s position as an intermediary under applicable laws or impose any liability on QSPL with respect to the content. Where any User content is removed from the Platform, QSPL will make reasonable efforts to inform the User who had posted such content about such removal. In case the User is aggrieved by QSPL’s actions under this clause, they may write to QSPL at [email protected], and QSPL will take action as per the Terms or as per any applicable law.

Thid Party Sites

• The Platform may contain links or direct Users to various third-party platforms. If the User uses or clicks on any of these links, the User may be directed/redirected to such external platforms. If the User decides to visit any such external link, the User does so at their own risk, responsibility and liability. QSPL does not endorse any platform linked to it or the information appearing therein or any of the products or services described therein on the Platform. Any display of third-party goods/services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval by QSPL of any such third parties. The User agrees that QSPL is in no way responsible for the timeliness, accuracy or completeness of information that they may obtain from these third parties and which may be posted/published on the third-party platforms, and as may be amended from time to time.
• The User agrees and understands that when using the Platform, they will be exposed to User content from a variety of sources and by different Users, and that QSPL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User content.

Indemnities

• The Client is aware that authentication technologies and strict security measures are required for internet-based trading. The Client agrees to indemnify and hold QSPL, its affiliates, partners, directors, employees, and agents harmless against any losses that may be suffered by it, its other customers, or any third parties: (a) as a consequence of any claim or action that may be initiated by a third party that is in any way the result of improper use of user ID, password or 2FA login credentials by the Client, (b) in case of bank delays or any technical issue at QSPL’s end that may lead to the delay of the fulfilment of an order.
• By agreeing to use the Platform, the Client agrees to indemnify and hold QSPL, its affiliates, partners, directors, employees, and agents harmless from any losses or harms that may arise due to: (i) breach by the Client of any applicable laws, rules or regulations that may have been applicable to their transactions on the Platform; (ii) breach by the Client of any of the clause contained in these Terms; and (iii) any act, neglect, misconduct or fraud by the Client.

Investment Advice

• The Client agrees that none of the services available on the Platform shall be deemed to be investment advice by QSPL.
• In the event that the Client receives any information, recommendations or advice from any employee or representative of QSPL, then such information, recommendations or advice shall strictly be in the personal capacity of such employee or representative, and the Client may act upon it at their sole risk and costs. QSPL shall in no way be liable or responsible for any transactions executed by the Client in pursuance of such information, recommendations or advice.
• QSPL and its officers, directors, partners, employees, agents and affiliates shall have no responsibility with respect to any investment decisions or transactions of the Client.

Reward Programs & Initiatives

• QSPL may, from time to time, run some initiatives, programs or offers to promote Client engagement and Client education. The Client agrees that participating in such an offer is subject to their agreement to the respective offer terms and conditions, if any, in addition to these Terms. The Client further agrees that offers provided may vary from client to client.
• QSPL’s decisions on the manner of operation of any such initiatives or programs or rewards shall be final and binding. QSPL reserves the absolute right to change, withdraw, modify or suspend the entirety or any part thereof of any such initiative or program, or add new initiatives or programs, without any prior notice to any Client or user.
• QSPL also reserves the right to disqualify the Client from any program or offer in case the Client does not meet the eligibility criteria or any other reasons thereof, including but not limited to misuse of offer, misrepresentation, fraud or suspicious transactions/activities, at the sole discretion of QSPL without further notice.
• QSPL runs a client referral program wherein QSPL encourages Clients to refer their friends and family to begin using QSPL Platform of trading / investing. The terms of this referral program may change from time to time at the sole discretion of QSPL with or without prior intimation to the client.
• The Client understands that in case Client decides to opt for reward benefit utilization through gift voucher, the same is processed through third party service provider and in case of any issue in utilization of said voucher will be solely responsibility of Client and QSPL will not be responsible in case of any dispute in utilization of such gift voucher.

Force majeure

• QSPL shall not be responsible for any delays or defaults in the performance of its obligations due to any contingencies beyond its control. Such contingencies include but are not limited to losses directly or indirectly by exchange or market rulings, suspension of trading, fires, floods, civil commotions or riots, earthquakes, cyclones, tsunamis, wars, strikes, pandemics or health calamities, any terrorist actions, system failures, breakdown in internet links and any regulatory actions by the government.

Severability

• In the event that any one of more of the provisions contained in these Terms become invalid, illegal or unenforceable in any respect under any law or regulations for the time being in force, the validity, legality and enforceability of the remaining provisions contained therein shall not in any way be prejudiced or affected thereto.

Refund & cancellation policy

The refund & cancellation policy for all payments made or fees paid towards account opening or availing of any other services from QSPL shall be as follows:

• The fees paid towards account opening charges, if any is non-refundable. This fee is used towards initiation of an account by a client and there are various charges involved even if the account is not completely opened and activated as well. The initiation of an account includes charges for electronic data entry & maintenance, KYC, and operational costs of the business.
• Once account is opened and the Client has deposited amount towards advance fees / charges, said amount is non refundable and it will be treated as advance fees / charges paid by the Client. In case Client decides not to trade on the Cirrus platform, the fees / charges credited in the Cirrus account will be forfeited and no refund will be initiated.
• In the case of reward program, Client may decides to convert the reward benefit to it’s Cirrus account to be utilized against future transaction fees / charges. However, subsequently if client decides not to trade on the Cirrus Platform, no refund or credit will be offered to the Client and such amount will be forfeited.

Miscellaneous

• QSPL does not warrant that the services provided on the Platform will be uninterrupted or error-free. All services on QSPL’s Platform are provided to the Client on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose.
• The Client acknowledges that online trading over the internet involves several uncertainties and complexities with respect to hardware, software, computer systems, communication lines, peripherals, etc., all of which are susceptible to interruptions and dislocations, and which may result in the Platform being unavailable without prior notice. Neither QSPL, broker nor the Exchange make any representations or warranties to the Client that online trading facilities on the Platform shall be available to the Client at all times without any interruptions. Clients agree that they shall not pursue any claims against QSPL or the Exchange on account of any suspensions, interruptions, malfunctioning or non-availability of the services offered on the Platform or any part thereof, for any reason whatsoever.
• The failure of QSPL to exercise any right provided herein or available under applicable law shall not be deemed a waiver of any further right hereunder. Waiver of any right by QSPL shall not be deemed to be a waiver of any further rights of QSPL. The exercise by QSPL of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
• In the event there is any conflict between the Terms, the Privacy Policy, any other policies applicable to whole or part of the website or QSPL’s services to the Client, the following order of prevalence shall apply: (i) any product or service-specific terms and policies, (ii) the Privacy Policy, and (III) the Terms.
• To the fullest extent permitted by law, QSPL and its affiliates are not and will not be liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, and goodwill) arising out of or in connection with the User’s use or inability to use the website. In any event, the liability of QSPL arising out of the Terms shall not exceed the fees / charges collected by the QSPL for a particular transaction of the Client.

Notice

1. All notices, correspondences or communications issued under these Terms shall be served in any one or more of the following modes of communications, and such notices or correspondence shall be served at the last known email address/ residential address/ ordinary place of business of all parties to these Terms. The modes of communication include:
   1. Delivery by hand
   2. Delivery by registered/unregistered post
   3. Delivery under certificate of posting
   4. Delivery by email or fax
   5. By affixing on the door at the last known business or residential address
   6. By oral communication to the party or on the last known telephone number or on the recording machine of such number.
   7. By advertising in at least one prominent daily newspaper having circulation in the area where the last known business or residential address of the party is situated.
   8. By posting on the website of Cirrus / Tradinx
2. Any communication sent by QSPL to the Client shall be deemed to have been properly delivered or served, if such communication is returned to QSPL as unclaimed/refused/undelivered, if such communication was sent in any of the modes illustrated above. Communication received by clients of QSPL through registered email IDs and phone numbers is limited for consumption of the client only, and these emails should not be reshared with others.

Governing Law, Jurisdiction and Dispute Resolution

• The Terms and the use of the website are governed by and construed in accordance with the laws of India.
• In the event any dispute or difference arises between the User and QSPL in connection with the validity, interpretation, termination and implementation or alleged breach of any provision of the Terms (“Dispute”), both Parties hereto shall endeavor to settle such Dispute within a period of 30 days, amicably with each other and in good faith.
• Upon failure to amicably settle any Dispute, the User must give written notice to QSPL and refer the Dispute to be resolved by arbitration to be conducted by a sole arbitrator, mutually appointed by both parties to settle the Dispute. The arbitration proceedings shall be conducted in accordance with the rules of the Mumbai Centre for International Arbitration. If both Parties are unable to mutually agree upon an arbitrator, the Mumbai Centre for International Arbitration shall appoint the sole arbitrator. The arbitration proceedings shall be conducted in English. The arbitral award shall be substantiated in writing.
• The courts in Mumbai, India shall have exclusive jurisdiction over all matters connected with these Terms and Your use of the website.