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Terms & Conditions

Welcome to the Unlistedkart! At UNLISTEDKART we are creating a system that strives to bring unlisted share investment opportunities that was otherwise only available for the wealthy. We want to be a leading trusted, secure, and safe transaction source for Unlisted shares and in the process create a growing loyal customer base. Using the product, you can buy or sell shares, buy neutral research reports, manage unlisted holdings, and read insights about unlisted market.

As UNLISTEDKART grows, we aim to help our members discover ways to invest in upcoming new age companies, help as customers own an equity or in other words part of the company. As founders of the company, we want our customers to be able to access the much need non-interfering efficient capital from the family houses and other similar managements to be able to grow your business thoroughly.

Scope of the App Services

UnlistedKart Private Limited & Qapita Group Companies. (“UnlistedKart Private Limited & Qapita Group Companies.”) is the owner and controller of ‘UNLISTEDKART’ which is a web-based smartphone application that provides a unified enabling a User to make his/ her investments towards unlisted shares and includes other related facilities and services offered from time to time on UNLISTEDKART (“App Services”) currently or in the future, where such services can be accessed via the internet either on mobile and desktop/laptop (“UNLISTEDKART” or “App”). UNLISTEDKART is NOT an investment advisor and any information represented as part of the Unlisted shares is intended to not provide any financial advice related to equities, equity-related products, fixed income products, mutual funds, financial planning, tax planning or any other investment analysis. All investment decisions carried by out by customers, is based on the financial knowledge of our customers, and relevant advice they may receive from their financial advisors outside of Unlistedkart. Please read Risk and Disclosure to understand more in Investing Unlisted market.

By accessing and using our Services (defined below), you (“Our User”) are agreeing to these terms and conditions contained hereinafter (“Terms of Service” or “Terms”). We, UnlistedKart Private Limited & Qapita Group Companies., including its affiliates & subsidiaries, strongly urge you to read the Terms of Service in detail before registering, accessing, or using the App Services. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion or new feature and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Your use of App Services will be considered as your acceptance of the supplemental terms. We strongly recommend you read the supplemental terms for each service given below or within the App from time to time.

We may amend the Terms at any time by posting an updated version on the App. The updated version of these Terms shall supersede the previous version of the Terms and take effect immediately upon posting and may be notified, via the App. You have the right to opt-out of agreeing to these Terms or any future updated version of the Terms, and therefore also using the App. If you are not comfortable with any of the Terms or do not wish to be bound by the same, you are at liberty to refrain from using the App and the App Services. However, please be aware that your continued use of the App Services for a period of 7 (seven) days from the launch of any updated Terms would mean deemed acceptance of these Terms and its associated policies mentioned here, including any modification thereof.

For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.

Eligibility

By registering with UNLISTEDKART and using the App Services, you are representing the following:

  • You are 18 years of age or older.

  • You can enter into a legally binding agreement.

  • You are not barred or otherwise legally prohibited from accessing or using UnlistedKart Private Limited & Qapita Group Companies./UNLISTEDKART & the App Services.

If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with the terms. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that UnlistedKart Private Limited & Qapita Group Companies. does not have the responsibility of ensuring that you meet the aforesaid requirements. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

Please be aware that UnlistedKart Private Limited & Qapita Group Companies. reserves the right to revoke your access to the UNLISTEDKART App or App Services, subject to our reasonable discretion. In this regard, we may also choose to suspend your UNLISTEDKART Account or your access to the same. As a registered User, in such an event, you may contact our support team to assist you/resolve the situation. Please note that if such situation arises, shares already procured from you would continue to remain in your DEMAT Account, and not accessible by Unlistedkart.

Your Use of Unlistedkart

When you use our App, you are representing to us that:

  • Your use of the App shall not violate any applicable law or regulation, and that you fulfil the eligibility criteria set forth under Section 2.

  • All registration information you submit is truthful, complete, and accurate and you agree to maintain accurate, complete, and up-to-date account information in your Account.

  • You are responsible for all activity that occurs under your Account. Unless otherwise permitted by UnlistedKart Private Limited & Qapita Group Companies. in writing, you may only possess one Account.

  • You are responsible for maintaining the confidentiality of the access Unlistedkart credentials of your account and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your passcode or Account or any other breach of security.

  • Your use of the App, or its content is only for personal purposes. By using the App Services, you hereby agree that you are aware and responsible for all transactions taking place through your Account. This include the payments made for Unlistedkart under the selected payment methods that are not in the name of the Account Holder, but a family member, friend, or acquaintance. By making a payment for a Unlistedkart payment methods that does not belong to You, you assume responsibility for the transactions that have taken place through that Unlistedkart App for the payment that is made by You using the App Services.

  • Your personal and non-commercial use of the App prevents you from decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with our App, including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.

  • You shall not access or use the App in any manner that may be harmful to the operation of the App or its content.

  • You shall not use any product or service available on the App for commercial purposes or use the App Services in any way that is unlawful, or harms UnlistedKart Private Limited & Qapita Group Companies or any other person or entity.

  • You will not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the App or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the App.

  • You will not delete or modify any content of the App, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols and logos.

  • Your use of UnlistedKart Private Limited & Qapita Group Companies. shall indicate that you have provided consent to automatically receive requested updates such as bug fixes, patches, enhanced functions, missing plug-ins, and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the App Services. Please note that your continued use of the App following such Updates would mean deemed acceptance by you of the same.

  • You understand and accept that not all products, services and rewards offered on this App are available in all geographic areas and you may not be eligible for all the products, services and rewards offered by UNLISTEDKART on the application. UNLISTEDKART reserves the right to determine the availability and eligibility for any product, services and rewards offered on the App.

  • You shall request Unlistedkart, to block the Account and change the passcode immediately for the Account, if your Device has been lost or stolen.

Violation of Terms of Use / Suspicious Activity

If we believe that you have violated any of the conditions as mentioned under these Terms or our Privacy Policy, we reserve the right to suspend your access to the App and/or delete your Account without prior notice to You. If we have reason to believe that there is suspicious or unusual activity being carried out through your account, we may temporarily or permanently suspend your access to the App Services. You may reach out to the UNLISTEDKART support team to assist you with any query or question arising because of the afore-mentioned suspension/ deletion to resolve the same.

You may end your legal agreement with UnlistedKart Private Limited & Qapita Group Companies. at any time by discontinuing the use of the App Services. We provide all our Users an option through which a User may request archive of a specific account stored on his/her account or deletion/deactivation of the complete account through the support mail [email protected]. Following such request, we consider the agreement to be terminated and take appropriate steps.

Fees

You are responsible for any fees that may be applicable to certain transactions or use of the App; where you will be notified of such applicable fees, prior to the completion of any transaction. Only if you consent to paying the above-mentioned fees, shall the transaction go ahead. All fees shall be determined by UnlistedKart Private Limited & Qapita Group Companies. and will be inclusive of taxes.

Refunds

You are responsible for all the information you input in your Account, including the correctness of details for payment of your Unlistedkart account and all charges that result from these payments. UnlistedKart Private Limited & Qapita Group Companies. shall not be responsible for any payment for an incorrect Unlistedkart account or bill payment number. In case, money has been charged to your card or bank account and a payment/service is not delivered by the service provider within 5 working days of your completion of the transaction then you may inform us regarding the same through the customer support email [email protected]. We shall investigate such incidents and if it is found that money was indeed charged to your card or bank account without delivery of the service then you will be refunded the money within twenty-one (21) working days from the date of receipt of your email. All refunds will be to your card or bank account as registered and used on the transaction on Unlistedkart account. UnlistedKart Private Limited & Qapita Group Companies. will have the sole discretion to determine the mode of reversal from the above-mentioned options. However, UnlistedKart Private Limited & Qapita Group Companies. disclaims all liability, including for refunds, in the event of any error arising from a failure in the applicable bank or Unlistedkart payment method’s service provider’s system or network.

In case a payment has been wrongfully made to your account or bank account, UNLISTEDKART & UnlistedKart Private Limited & Qapita Group Companies. reserve the right to automatically initiate a refund through your bank. By agreeing to these terms, you hereby consent to such a refund initiated by your concerned Bank, at the request of UNLISTEDKART, to offset any incorrect transaction, or double payment made to your account. Once such transaction is processed, UNLISTEDKART shall inform you of the same and the corrective action taken by UNLISTEDKART to refund such payment.

Offers & Rewards

To participate and win rewards and other offers as made available within the App, you must agree to the offer/reward terms and conditions. You agree that your participation in the offer constitutes your understanding of the agreement and to the offer terms and conditions. The offer terms and conditions form a binding legal agreement between you and UNLISTEDKART with respect to the offers, and any undefined terms used in the offer terms and conditions shall have the meaning set forth in these terms and conditions. UNLISTEDKART reserves the right, at its sole discretion, to disqualify any User who does not meet the offer requirements or in case of reasons including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations. UNLISTEDKART also reserved the right to discontinue or change any offer or reward or the UNLISTEDKART offer programme at any time, at its sole discretion.

For eligibility, in addition to your compliance of these terms and conditions, you must meet the eligibility criteria for each offer to participate. Details of each offer and/or reward and the eligibility terms and conditions for each offer shall be provided in the offers page of your UNLISTEDKART App. Offers provided to a particular User may vary from User to User. Please read the offer terms and conditions applicable to your offer as provided in your UNLISTEDKART App carefully.

Privacy

We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Use, you hereby agree to our Privacy Policy, which may be updated and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the App Services may be shared with our affiliates or partners, and/ or used by us for enhancing the App Services, including but not limited to creating new products. Please refer to the Privacy Policy for further clarity on the subject.

Compliance with NPCI Guidelines

National Payments Corporation of India (‘NPCI’) is an authorized payment system operator by the Reserve Bank of India (‘RBI’). NPCI owns and operates UPI payment system. A Payment Service Provider (‘PSP’) is the banking company authorized to act as a Payment Service Provider under the UPI framework. PSP is engaged by a Third-Party Application Provider (‘TPAP’) to provide UPI services to You/User. A TPAP is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions. The Bank where the end-user customer maintains his/her account and has linked the account for the purpose of debiting/crediting the payment transactions made through UPI is the Customers Bank. The end user customer is the individual who uses UPI payment facility to send and receive payments.

We, UnlistedKart Private Limited & Qapita Group Companies are a TPAP, and we use a PSP who participate in UPI to manage transactions. We are responsible for facilitating grievances / complaints resolution of the customers on-boarded on our UPI application.

We shall be the first point of contact for all UPI related grievances/complaints for customers on-boarded by us. In case the complaint/grievance remains unresolved, the next level for escalation will be the PSP, followed by the bank (where you maintain the account) and NPCI in the same order. After exercising these options, you can approach the Banking Ombudsman and/or the Ombudsman for Digital Complaints, as the case may be.

Disclaimer

The App Services, including all content, software, functions, material, and information made available or accessible through the Services are provided “as is”. UnlistedKart Private Limited & Qapita Group Companies, UNLISTEDKART, their respective agents, co-branders, or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services.

UnlistedKart Private Limited & Qapita Group Companies does not warrant that the functions contained in content, information, and materials on the App, including, without limitation any third-party sites or services linked to the App will be uninterrupted, timely or error-free, that the defects will be rectified, or that the App or the servers that make such content, information, and materials available are free of viruses or other harmful components.

Limitation of Liability

In no event shall UnlistedKart Private Limited & Qapita Group Companies, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether UnlistedKart Private Limited & Qapita Group Companies has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the App or App Services.

In no event shall UnlistedKart Private Limited & Qapita Group Companies total cumulative liability to You in connection with the App Services for all damages, losses and causes of action, arising from or relating to these terms and conditions exceed the net fees UnlistedKart Private Limited & Qapita Group Companies has received and retained from your valid transactions during the three (3) month period immediately preceding the date of the claim.

Indemnity

You agree to defend, indemnify and hold harmless UnlistedKart Private Limited & Qapita Group Companies, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising from:

  • your use of and access to the App.

  • your violation of any of these terms.

  • your violation of any third party right, including any intellectual property right or privacy right.

  • the committing of any of the prohibited activities as stated here.

  • your failure to follow applicable law, including tax regulations; or

  • any claim that your use of the App caused damage to a third party.

Disputes & Arbitration

In consideration for UNLISTEDKART granting you access to and use of the app Services, you agree that in case of any dispute, UnlistedKart Private Limited & Qapita Group Companies shall not be a party to the same. While UnlistedKart Private Limited & Qapita Group Companies is not obligated to mediate disputes, we will assist users in communicating with parties involved such as PSP, or NPCI or any other stakeholder regarding payments regarding a dispute.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to the App Services or these Terms, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be Bangalore, India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Use and Protection of Intellectual Property Rights

UnlistedKart Private Limited & Qapita Group Companies, UNLISTEDKART and the App Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the App including, without limitation, all the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without UnlistedKart Private Limited & Qapita Group Companies express written permission. You are hereby given a limited licence to use the App Services, subject to your agreement of these Terms. All the above-mentioned information, content or material is our and our licensor’s intellectual property.

UnlistedKart Private Limited & Qapita Group Companies, UNLISTEDKART and its licensors, if any, are the sole owners of the underlying software and source code associated with the App Services and all the trademarks, copyright an any other intellectual property rights of any nature in the Product.

When you upload, submit, store, send or receive content that may include feedback to or through our App, you give UnlistedKart Private Limited & Qapita Group Companies a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. This licence shall not revert to you even if it is not used by UnlistedKart Private Limited & Qapita Group Companies. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the App Services, and to develop new ones. This licence continues even if you stop using the App Services.

Tax Liability

You hereby agree to comply with all applicable tax laws in connection with your use of the App Services, including without limitation, the reporting and payment of any taxes arising in connection with payments made through the App, or funds/income received through the App Services.

Governing Law and Jurisdiction

The App, the App Services, all your transactions with the App, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that all claims, differences, and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore.

Assignment

The licence granted hereunder to You shall not be transferred or assigned by you.

You give your approval to UnlistedKart Private Limited & Qapita Group Companies for it to assign or transfer these Terms in whole or in part, including to

  • A subsidiary or an affiliate.

  • An acquirer of UnlistedKart Private Limited & Qapita Group Companies’s equity, business, or assets; or

  • A successor by merger.

General

No joint venture, partnership, employment, or agency relationship exists between you, UnlistedKart Private Limited & Qapita Group Companies or any Third Party because of the contract between you and UnlistedKart Private Limited & Qapita Group Companies or the use of the App Services. If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid, or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid, or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

UnlistedKart Private Limited & Qapita Group Companies (the “Company,” or “we”) is a service identity. Research consulting and services firm and are offered through dedicated legal entities and broker-dealers. None of the information displayed on or downloadable from https://unlistedkart.com/ (the “Website”) represents an offer to buy or sell or a solicitation of an offer to buy or sell any security. This Website is a publication and intellectual property of UNLISTEDKART. All content is believed to be factual, accurate, and up to date, but we cannot and do not guarantee its accuracy and it should not be regarded as a complete analysis of the subjects discussed. All expressions of opinions reflect the judgment of the authors of such opinion as of the date of publication and are subject to change. Information on our Website does not involve the rendering of personalized investment advice but is limited to the dissemination of general information on products and services. A professional adviser should be consulted before implementing any of the options presented. Registered representatives of UNLISTEDKART do not (1) advise or assist in the determination of fair value of any security or investment, or (2) provide legal or tax services. Always consult an attorney or tax professional regarding your specific legal or tax situation.

 

Past performance may not be an indicator of future results. Hence, you should assume that the future performance of any specific investment, investment strategy (including the investments and/or investment strategies recommended by the adviser), or product referred to directly or indirectly on this Website, or indirectly via hyperlink to any unaffiliated third-party website, will be profitable or equal to past performance levels.

All investment strategies have the potential for profit or loss. Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for your investment portfolio. Information regarding companies in our portfolio are available on the Website has been collected from or generated from publicly available sources. The availability of company information does not indicate that such company has endorsed, supports, or otherwise participates with UNLISTEDKART. Company “Research Reports” or “Liquidity Watchlists” are the opinions of UNLISTEDKART and or the authors of the opinion as of the date of such opinion and are not recommendations to buy, sell, or hold any security of such company.

Please note that access to this Website is provided for informational purposes and for your convenience only and without any warranties, expressed or implied, regarding the accuracy, completeness, timeliness, or results obtained from any information posted to this Website or any third party website linked to this Website. UNLISTEDKART assumes no liability or responsibility for any errors or omissions in the content of this Website. Under no circumstances and under no legal theory shall UNLISTEDKART be liable to a viewer of this Website or any other person for any damages, whether direct, indirect, incidental, consequential or special arising from viewer’s access to or use of this Website. All trademarks on this Website including but not limited to “UNLISTEDKART‘,” UNLISTEDKART‘s logo. All other trademarks are the property of their respective owners.

Contact us

If you have any concerns, complaints or grievances about the terms or other users or their manner of use of the application infringe or violate your rights or any complaints about how we handle your personal information, please feel free to contact the Grievance Officer any time at:

Email: [email protected]