Terms and Conditions
The terms and conditions contained herein (“T&C“) contain the complete terms and conditions that apply to a User and govern the User’s access to and use of the Services (as defined below) . However, it is made clear that some of the Services may require the User to agree to additional terms and conditions. Unless otherwise provided, those additional terms shall be deemed to be incorporated into the T&C.
1.ACCEPTANCE OF TERMS
(a) By (i) using the Platform or availing the Services provided through the Platform in any way; or (ii) browsing the Platform, the User is deemed to have read, understood and accepted the T&C as well as the privacy policy which is available on the Platform.
(b) The User acknowledges that by accessing and using the Platform and availing any of the Services, it agrees to be bound by the T&C. The T&C establish a relationship between Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ and the User, whereby the User shall act as investor or such other capacity, as the case may be.
(c) In the event the User is not agreeable to the T&C, it shall not access the Platform or avail the Services.
(d) The T&C contained herein expressly supersede all prior agreements or arrangements between Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ and the User.
(e) The User understands that the access to the Platform and the offer of Services is conditional upon the User’s irrevocable consent and acceptance of all the terms, conditions and obligations contained in the T&C (as may be amended from time to time). For utilising the Services, the User agrees to enter into or execute any document, agreement or terms and conditions which is required by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ and agrees to be abide by such document or agreement or terms and condition while utilising the services on the Platform.
(f) By accessing the Platform, the User hereby agrees to receive communication regarding registration on the Platform or Platform Services (including but not limited to any promotional, transactional messages) through Email and/or SMS and/ or any other electronic medium, third party channels (including WhatsApp) from Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’.
2. (a) By agreeing to the T&C and by availing the Services, the User represents that it is lawfully able to enter into contracts (if an individual) or has the legal authority to enter into contracts on behalf of the body corporate/company/partnership/trust or any other eligible entity permitted to use the Services.
(b) The User acknowledges in relation to the Services that Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ is merely providing a platform for facilitating the transactions in financial instruments and shall in no manner be liable or responsible for any such transactions or be construed as an agent of the User in relation to the Services.
(c) The User acknowledges and agrees that any use of the Platform and the availing of the Services is at the sole risk of the User.
(d) The User acknowledges and agrees that it is solely responsible for its data uploaded to or transmitted through the Platform, as well as, the consequences of uploading or transmitting its data onto or through the Platform.
(e) The User acknowledges, represents, and warrants that with respect to any data posted on or transmitted through the Platform:(i) It has all necessary licenses, rights, consents, and permissions to upload, transmit, or publish such data and that it grants Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’, express, irrevocable license and authorization touse such data for the Services; and(ii) Any use by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ of the data uploaded, transmitted, or published by it on the Platform will not constitute infringement of any third party’s rights, over such data posted or transmitted through the Platform.
(f) The User agrees and acknowledges that it is solely responsible to Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ for any breach of its obligations under the T&C and for the consequences of any such breach (including any loss or damage which Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ may suffer).
2.USER REGISTRATION, RESPONSIBILITIES, AND OBLIGATIONS
(a) The User would be able to use the platform by signing-up by providing Mobile Number and OTP
(b) The User would be able to able to transact in financial securities shown on the platform after successful completion and verification of its KYC (Know Your Customer) norms.
(c) The User would be able to login on the platform by providing its Mobile Number and verifying it by OTP(d) Payment for the said financial securities would be processed via a registered Payment Gateway, and the User would be able to pay via any of the provided payment methods.
3.USE OF PLATFORM AND SERVICES
(a) In order to access the Platform and to obtain the benefit of the Services, the User will have to register and create an account by providing accurate and complete information..
The User agrees and acknowledges that the User shall be responsible to provide completeand accurate information to Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ for the purpose of know-your customer (KYC) verification.
(b) The User agrees that its usage of the Platform and viewing various financial instruments offered by/through the Platform, shall not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice (whether investment or legal) or approval of Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ in favour of or against its own or such third parties or their products. The User agrees that Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ is in no way responsible for the accuracy, timelines or completeness of the information and product specifications it may obtain from the Platform or the other third parties registered on the Platform.
(c) The User agrees, undertakes and declares that it has made its own assessment of the Platform and has determined that it is fit for its purposes. The User will be using the Platform at its own risk, irrespective of the capacity in which it uses the Platform and it is expressly clarified that Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ shall owe no fiduciary or other duty or obligation to the User other than as expressly agreed in writing by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’.
(d) The User agrees and acknowledges that any transactions entered into through the Platform shall be at the sole discretion of the User and that Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ shall not be liable for any delay, rejection or approval of any application/proposal made through the Platform, or any failure on part of the User to settle/conclude any transactions with any counterparty.
(e) The User hereby agrees and acknowledges that Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ does not warrant the genuineness of information displayed on the Platform on ‘as is’ basis and shall not be liable for any error, deviation or omission in such information.
(f) Without prejudice to the above, the User hereby agrees, acknowledges and accepts thatAspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ may, for the purpose of rendering the Services, seek to obtain such necessary andrequisite information and data as required by it from various authoritative sources includingbut not limited to statutory and regulatory filings, credit bureau records and such othersources as determined by it at its sole discretion, as required by it to effectively render theServices and the User hereby accepts and provides consent for the same.
(g) The User agrees and understands that nothing in these T&C shall be construed in amanner as to require Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ to obtain any specific or additional consent from the User withrespect to featuring the User’s account on its Platform . It is understood that theinformation shared by the User with Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ as reflected on the Platform shall be inaccordance with applicable laws in force.
(h) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ reserves the right to reject the request for creation of the account, at its solediscretion, if the data or information submitted appears to be incomplete, incorrect orfraudulent.
(i) On the creation of the account, Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ grants to the User a non-exclusive, limited privilegeto access and use the Platform and the Services offered on the Platform, subject tocompliance with the T&C. The account created by the User for use of the Platform shall be isnon-transferable and its use is restricted to the User creating the account.
(j) The User is solely responsible for its account and any activity on it, and must keep the log-in credentials (log-in ID and password) in respect of its account secure at all times. The Usershall not sell, transfer or sub-license the log-in credentials in relation to its account on thePlatform to any other person. The User shall ensure that only its duly authorised personnelshall access and operate its account. The User undertakes that the User shall promptly onbecoming aware of any unauthorized use of its account, notify Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ at support@aspero.inof such unauthorised use or access . It is expressly understood that Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ shall not be liableto ensure or verify that the usage of the User’s account is by its authorised persons and thatthe onus of ensuring that only User or its authorised personnel access (if applicable) andoperate the said account shall, at all times, lies with the User. The User agree andacknowledge that failure to notify Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ regarding any such unauthorized use of its accounton the Platform may attract liability on the User for any losses/damages caused by anyunauthorized use of the account.
(k) The availing of the Services and the use of Platform is only for purposes permitted by:(i) the T&C; and
(ii) any applicable law, regulation or generally accepted practices or guidelines and the sameshall not be for any other illegal or other purpose which is expressly or impliedly barred byany applicable law, statute, ordinance or regulation in force from time to time.
4.GENERAL UNDERTAKINGS OF THE USER
(a) The User agrees to access any information and material provided on the Platform andUser avail the Service through the authorised access provided by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’.
(b) The User shall not use or attempt to use any unauthorised means, including but notlimited to, use of any deep link, program, automatic device, algorithm or methodology, orany similar processes, or hacking to access, utilise, copy or monitor any part/feature of thePlatform or its content, or avail any Services or in any way reproduce or circumvent thesource code, structure or layout of the Platform, or obtain or attempt to obtain anyinformation not openly available on the Platform.
(c) The User undertakes not to attempt to gain any unauthorized access to the Platform, theserver on which the Platform is hosted or any other database, server or computerconnected to the Platform.
(d) The User shall not misuse the Services or corrupt or try to corrupt the Platform byintroducing any bugs, viruses, worms, malwares, spyware or any similar program which ismalicious or harmful.
(e) The User undertakes to ensure that any material/information/data uploaded by it on thePlatform is strictly of nature and context as required by the Platform for the relevantService, and is not in violation of any applicable law.
(f) The User further undertakes not to:(i) impersonate any person or entity, or misrepresent its affiliation with a person or entity;(ii) publish, post, upload or distribute files that contain bugs, viruses, worms, malwares,spyware or any similar program, or corrupted files that may disrupt the operation of thePlatform;(iii) engage in any activity that disrupts access to the Platform or the Services;(iv) disrupt or interfere with the security of, or otherwise cause harm to, the Platform,accounts, passwords, servers or networks connected to or accessible through the Platform;
(v) cause any interference or attempt to interfere with the proper working of the Platformor any transaction being conducted on the Platform, or with any other person’s use of thePlatform;(vi) upload or distribute files that contain such material which is infringing the copyrights,trademarks, confidentiality, privacy or any other proprietary information protected by law,unless the User has the rights or the necessary consents thereto;(vii) use the Platform or Services for any purpose that is fraudulent, unlawful or prohibitedby the T&C and by applicable law, or to solicit the performance of any illegal activity orother activity which infringes the rights of Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’;(viii) upload or distribute any material or information that is, or contains tags or keywordswhich are, illegal, inappropriate, profane, obscene, offensive, abusive, harassing, misleading,indecent, defamatory, disparaging, or menacing, or is otherwise injurious to Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ orobjectionable in any manner whatsoever;(ix) violate the T&C or any applicable laws or regulations for the time being in force;(x) decompose, modify, copy, distribute, transmit, display, perform, reproduce, publish,license, create derivative works from, transfer, or sell any information or software obtainedfrom the Platform.
5.CONFIDENTIALITY
(a) The User acknowledges and agrees that all information, data or details in any form withrespect to the Platform, its designs, structure and arrangement, visual interfaces,specifications, documentation, components, source code, object code, images, icons, audio-visual components and objects, schematics, drawings, protocols, processes, and other visualdepictions, in whole or in part in addition to all documents, data, papers, statements, anybusiness/customer information, trade secrets and process of Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ relating to its businesspractices or in connection with the provision of services by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’, trade and business of Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’,or otherwise, any information including names, assets, details, documents, transactionrecords, potential transactions, negotiations, data, applications, software, systems, papers,statements, business information, marketing and financial information, databases, manuals,records and reports, articles, systems, material, sources of material, and any other datapertaining to Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’, available to it through Platform (“Confidential Information”) is of asensitive and confidential nature.
(b) The User undertakes to keep all Confidential Information confidential and shall ensurethat none any of its employees, agents, representatives do anything to breach theconfidentiality. The User undertakes to use all Confidential Information with such care anddiscretion, but not less than reasonable care, to avoid disclosure, publication ordissemination of Confidential Information as it uses with its own similar information that itdoes not wish to disclose, publish or disseminate.
(c) The User may disclose Confidential Information only to:(i) its employees, representatives, agents or contractors on a ‘need to know’ basis and onlyfor the purposes of performance of its obligations under the transaction/Services;(ii) the extent required by any regulatory authority or governmental authority underapplicable law; and(iii) any other party with the User’s prior written consent.
(d) The User agrees:(i) to take all necessary action to protect the Confidential Information against misuse, sale,loss, destruction, deletion and/or alteration;(ii) use the Confidential Information only in connection with the Services/transaction forwhich the Confidential Information is obtained; and(iii) not to misuse or permit misuse directly or indirectly, commercially exploit theConfidential Information of Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ available to it through the Platform for economic or otherbenefit or in a manner prejudicial to Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’.
6.DATA PROTECTION
(a) The storage, usage and transmission of all information obtained by it through thePlatform, shall at all times be in accordance with the Information Technology Act, 2000 readwith Information Technology (Reasonable Security Practices and Procedures and SensitivePersonal Data or Information) Rules, 2011 and all other applicable law.
(b) In the event Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ obtains any Personal Data or Confidential Information pursuant to anytransaction/Services, it shall only undertake the processing of Personal Data/ConfidentialInformation reasonably required in connection with the performance of its obligationsunder the transaction/Services. In the event any such Personal Data and/or Confidential
Information is required to be used by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ for any purpose not expressly set out herein posttermination/consummation of the transactions/Services contemplated hereunder, the sameshall take place pursuant to obtaining prior consent from the User in this regard.
(c) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ shall at all times have appropriate technical and organisational measures in placeto:(i) prevent unauthorised or unlawful processing of any Personal Data/ConfidentialInformation;(ii) protect any Personal Data/Confidential Information against accidental loss, destructionor damage;(iii) ensure the reliability of its employees/contractor having access to the PersonalData/Confidential Information;(d) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ shall comply with all applicable law, including without limitation the DataProtection Laws to safeguard the Personal Data/Confidential Information. For the purposesof this clause, Personal Data shall mean the User’s personally identifiable information of theUser and sensitive personal information (as envisaged under the Information TechnologyAct, 2008, and the rules made thereunder, each as amended from time to time).
7.LIMITATION OF LIABILITY
(a) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’, its, employees, agents, and associates, will not be liable with respect to any subjectmatter relating to the T&C under any contract or torts, or on account of negligence, strictliability or other legal or equitable rights for:(i) any special or consequential damages;(ii) for interruption of use;(iii) loss or corruption of data.
(b) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ shall not be liable or responsible for:(i) any faulty operation of system during accessing of Platform or during thetransmission/transfer of any data/information;(ii) any damage that occurs due to any information provided by the User but not beingreceived by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ or not being received promptly or appropriately, as a consequence oftechnical faults with the Platform (whether or not in Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’’s control); (iii) any loss or damage caused due any bugs, viruses, worms, malwares, spyware or anysimilar program that may infect the User’s computer, software, data or any other propertycaused by accessing or using the Platform or availing any Services, or from any emails,communication or attachment received from Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’/Platform;(iv) any failure to perform, or delay in performance of, any of obligations or Services by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’due events outside Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’’s reasonable control;
(c) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ is not responsible for any indirect losses including, without limitation, loss ofincome, business, profits, data or any injury to reputation, howsoever arising.
(d) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ is not responsible for any liability for any loss, costs or damage arising out of or inconnection with the use of the Platform or the inability to use it or for any delay or failure inthe performance of the Services due to any Force Majeure Event or any other circumstancesbeyond the control of Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’.
(e) The User acknowledges that Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ aims to facilitate seamless data and transactionprocessing and that Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ is not responsible for any failure of the Platform to store, transferor delete data or for the corruption or loss of any data, information or content containedtherein.
8.TRANSFER OF RIGHTS
(a) The T&C are binding on the User, its successors and permitted assigns. It may nottransfer, assign, charge or otherwise dispose of any of its rights, benefits, liabilities orobligations, under the T&C without the prior written consent of the Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’.
(b) However, Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ may transfer, assign, sub-contract or otherwise dispose of any of itsrights, benefits, liabilities or obligations under the T&C at any time or ay involve or appointany third party to satisfy its obligations, without any necessity to notify the User.
9.SECURITY OF DATA
(a) All facilities used to store data and process the transaction will adhere to reasonablesecurity standards, which will be at par with Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’’s security standards for processing andstoring its own information of a similar nature. Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ has implemented industry standardsystems and procedures to ensure the security and confidentiality of a transaction andrelated data, protect the User against anticipated threats or breaches to the security orintegrity of a transaction and related data, and protect the User against unauthorized accessto its data.
(b) The User further acknowledges and agrees that it has granted Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ the permission aswell as the non-exclusive right to store and transfer its data, as part of the Services.
(c) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ does not claim any ownership, intellectual property rights or other rightswhatsoever outside the scope of what is necessary to provide the Services.
(d) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ reserves the right to perform statistical analysis of the activity on Platform in orderto measure interests in the various sections of the Platform for the purpose of product andService development. Any non-personal information such as internet domain, host names,IP addresses, clickstream patterns, and the dates and times on which Platform is accessedmay be recorded for the purpose of analysis. The analytical data collected is for internal useonly.
10.INTELLECTUAL PROPERTY
(a) The Platform and the arrangement and processes thereof, including, but not limited to,all text, graphics, User interfaces, visual interfaces, and the computer code , source code,object code and is owned by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’, and the design, structure, and arrangement of thereof isprotected by copyright, patent and trademark laws, and all other applicable intellectualproperty laws and the User shall not use the aforesaid without the prior written consent ofAspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’.
(b) The trademarks, logos and marks displayed on the Platform are the property of Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ orthe User of any other counterparty, as the case may be. The User shall not use anytrademarks, logos and marks not belonging to it, without the prior consent of Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ or suchcounterparty, as the case may be.In the event the User infringes or attempts to infringe the copyrights or other intellectualproperty rights of Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’, Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ may, in its sole discretion, deny the User access to and use ofthe Platform.
11.EVENTS
(a) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ does not control, and is not responsible for any information, data, documents etc.appearing on the Platform.
(b) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ does not endorse, guarantee, or assume any responsibility for any Services offeredto the User, and Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ will not be a party to, or in any way be responsible or liable for anytransaction between the User and any counterparties on or through the Platform.
12.TAXES
(a) The User shall be responsible for identifying and paying all taxes, duties, cess and otherfees and charges (and any penalties, interest, and other additions thereto) that are payableby the User with respect to the transactions through the Platform.
(b) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ will not be liable to pay, any taxes which are payable by the User to anygovernmental authority for any such transaction.
13.MODIFICATION OF T&C
(a) The User acknowledges and agrees that Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ has the right to revise, modify, amend ordiscontinue any of the T&C from time to time including without limitation to reflect, interalia, changes in market conditions, technology, requirements, laws etc. and Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ shall notbe obligated to obtain any approval/consent of the User on the revised T&C.
(b) The User is deemed to be aware of the latest T&C and the use of Platform and theavailing of the Services is subject to the most current version of the T&C available on thePlatform at the time of such use. The use of Platform and Services subsequent to anymodification in the T&C will constitute the User’s acceptance of the modification.
14.TEMPORARY SUSPENSION AND TERMINATION
(a) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ does not guarantee uninterrupted access to the Platform. The access to Platform orthe Services may be disrupted:(i) on the occurrence of Force Majeure Event;(ii) for the purposes of repair, maintenance, upgrading or for other similar activities Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’undertakes to take all reasonable measures to minimize any such periods during which thePlatform and the Services are unavailable and shall put best effort in resuming the Servicesand the Platform.
(b) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ shall not be responsible or liable for any losses or damages suffered due to any ofthe events specified in sub-Clause (a) above due to the suspension of Services or due to theinability to cure such event.
(c) In the event of a system failure due to any unforeseeable circumstances or disruption,the access to Platform and Services may be temporarily suspended and no information maybe accepted during such suspension.
(d) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ has the right to temporarily or permanently disable the User’s account when, inAspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’’s opinion, without any cause or notice. On such breach, Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ may also block access tothe User’s account and/or procure that any outstanding transactions arecancelled/suspended immediately.
(e) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ reserves the right to restrict or suspend access to the Platform or terminate thePlatform completely, at its sole discretion.
(f) All provisions of the T&C, which by their nature should survive termination, shall survivetermination, including, without limitation, ownership, warranty, limitations of liability,confidentiality, disclaimers, indemnity.
15.DISCLAIMER OF WARRANTIES
(a) The Platform is provided on “as is” and “as available” basis. Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ hereby disclaims allwarranties of any kind, express or implied, including without limitation, the warranties ofmerchantability, satisfactory quality, fitness for a particular purpose, non-infringement,availability, accuracy, completeness, security or reliability of the Services and/or any datauploaded, used or transmitted on or through the Platform. The User uses the data and/orthe Services through the Platform at its own discretion and risk and Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ is not responsiblefor the accuracy, usefulness, safety, or intellectual property rights of or relating to such dataand the User assumes all liability for its use.
(b) The information contained or displayed on the Platform is provided on “as is” and “asavailable” basis. The User shall be responsible to ensure accuracy of the information aboutitself on the Platform User and Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ is not in any manner whatsoever liable for the accuracyof the information contained in the Platform. The User specifically acknowledges and agreesthat the application and impact of laws in relation to the information provided on thePlatform can vary widely based on the specific facts involved. Given the changing nature oflaws, rules and regulations, and the inherent hazards of electronic communication, theremay be delays, omissions or inaccuracies in information contained in this Platform.Accordingly the User acknowledges and accepts that the information in this Platform isprovided with the understanding that Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ is not herein engaged in rendering legal,accounting, tax, credit/investment or other professional advice and services. As such, itshould not be used as a substitute for consultation with professional accounting, tax, legal, credit/investment or other competent advisers and the User utilising the Platform is solelyresponsible for all investment decisions, made in relation to any information accessedthrough the Platform without any reference to, or recourse against the Platform and/orAspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’. Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ does not endorse or promote any of the opportunities that appear on thePlatform nor make any recommendations regarding same to any User.
(c) Unless agreed otherwise expressly agreed in writing, Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ will not be involved for anyinteractions between the User and any third party counterparty on the Platform or inconnection with the Services. Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ merely provides a common platform to facilitate suchtransactions. Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ is not responsible or liable for any loss or damage of any sort incurred asthe result of any such dealings or interactions.
(d) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ is not obligated to be involved in or facilitate the resolution of any dispute betweenthe User and any third party counterparties on the Platform, the User hereby releases Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’,its employees, agents, and associates from any claims, demands and damages, arising out ofor in any way related to such disputes. Without prejudice to the above, the User herebywaives any legal or equitable rights or remedies that it may possess against Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ in relationto such dispute.
(e) Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ makes no warranty that (i) the Services will meet User’ requirements, (ii) theServices will be uninterrupted, timely, secure, or error-free, (iii) the results that may beobtained from the use of the Services will be accurate or reliable, (iv) the quality of anyproducts, services, information, or other material purchased or obtained by you through theservices will meet User’s expectations, and (v) any errors in the technology will becorrected. Any material downloaded or otherwise obtained through the use of the servicesis done at User’s own discretion and risk and the User is solely responsible for any damageto User’s computer system or loss of data that results from the download of any suchmaterial.
16. REPRESENTATION AND WARRANTIES OF THE USER:
(a) The User represents and warrants to the Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ that the User has provided true andaccurate details in the completion of the registration process and in the provision of logincredentials, that the User shall take all steps to maintain the accuracy of such information,and that he has taken all steps to secure access to such information from unauthorizedaccess by third parties.
(b) The Investor represents and warrants to the Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ that the User has and shall complywith the applicable provisions and clauses specified by SEBI /Regulators with respect to mutual funds, as amended and re-enacted from time to time or any other applicableregulations and/or guidelines or directives or statutes.
(c) The User agrees to comply with relevant Know Your Customer norms or otherinformation disclosure norms as laid down by SEBI or any other governmental body and asamended from time to time. The User agrees that Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ has the right to reject theregistration or withhold transaction in case of non-compliance of KYC norms. The Useragrees and undertakes to cooperate in providing true and accurate information/details forthe purpose any verification process that may be required by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ from time to time.
(d) The User agrees and acknowledges that any transaction in financial securities shall besubject to fluctuations and risks including but not limited to market risk, default risk,interest rate risk, reinvestment rate risk, inflation risk, downgrade risk, liquidity risk,sovereign risk etc not within the control of Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ and Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ shall not be responsible for anylosses incurred by the User which is attributable directly or indirectly to such risks. Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’does not guarantee any return on investment on in the financial securities and the pastperformance / past track records of any financial instruments offered on the Platform.
(e) The User agrees, understands and acknowledges that purchase/investment in any of theassets listed on the Platform is speculative in nature and involves a high degree of risk,including the risk of loss of capital, and is not guaranteed. The Platform is suitable only forthose type of investors who fully understand and are capable of bearing the risks ofpurchasing such assets. No guarantee or representation is made by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ that the User willachieve its investment objectives or will receive a return on the capital invested.
(f) The User agrees and acknowledges that the User shall make their own assessment of thefinancial instruments offered on the Platform before making any investment or purchase.Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ is not liable for any losses arising to the User, directly or indirectly, by virtue of User’sinvestment. Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ does not in any manner guarantee the performance of the financialinstruments including the payment of principal or coupon rates on the subscribed financialinstruments.
(g) The User agrees and undertakes to ensure that any investment undertaken by the Useron the Platform has been undertaken after exercising due care, caution and diligence andafter understanding the nature and the underlying risk attached to such security by readingthe relevant documents in relation to the investment in the financial instruments.
17. INDEMNIFICATION
(a) The User hereby agrees to indemnify and hold harmless Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ (including its directors,employees, representatives and agents) from time to time, against any and all losses,liabilities, obligations, damages, judgments, costs, expenses (including, without limitation,advisors’ fees), claims, fines, penalties, proceedings, actions or demands, of any kind ornature incurred by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’/caused to Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ on account of :User’s use or misuse of the Platform or the Services, including but not limited to theviolation of the T&C;User’s breach of any term, covenants, representations, warranties or other conditionsprovided herein;User’s failure to comply with applicable legislation, statutes, or regulations; andfraudulent, improper, incorrect, wrongful or negligent act or omission by the User.
(b) The User expressly understand that under no circumstances, including, but not limitedto, negligence, shall Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ be liable to the User or any other person or entity for any direct,indirect, incidental, special, or consequential damages (including lost profits or revenue,deletion or corruption of electronically or digitally stored information or loss of goodwill orreputation, investment, production, interruption of business or any other loss of anycharacter or nature whatsoever and whether sustained by the User or any other person)resulting from circumstances, including but not limited to: the use or the inability to use thePlatform; unauthorized access to or alteration of transmissions or data on the Platform;statements or conduct of any third party on the Platform; or any other matter relating tothe Platform. This clause shall survive the termination of these T&C.
18.GOVERNING LAW AND JURISDICTION
The T&C are governed and construed in accordance with the laws of India and the Userhereby submits themselves to the exclusive jurisdiction of courts and tribunals at Chennai,India. The User irrevocably waives any objection it may have now or in the future to thechoice of courts and tribunal of Chennai, India as an inconvenient forum.
19. SEVERABILITY
Every provision contained in the T&C shall be severable and distinct from every otherprovision and if at any time any one or more of such provisions is or becomes invalid illegalor unenforceable, the validity, legality and enforceability of the remaining provisions hereofshall not be in any way affected or impaired thereby.
20. WAIVERS
(a) Neither the failure to exercise nor any delay in exercising any right, power, privilege orremedy under the T&C shall in any way impair or affect the exercise thereof or operate as awaiver thereof in whole or in part.
(b) No single or partial exercise of any right, power, or privilege under the T&C shall preventany further or other exercise thereof or the exercise of any other right, power, privilege orremedy.
21. Disclosure Statement:
Potential Conflicts of Interest Regarding Offering Debt Securitieson the Bond PlatformIn the interest of transparency and integrity, we disclose potential conflicts of interest thatmay influence our actions or decisions regarding the offering of debt securities on the bondplatform:
| Name of Related Party | Nature of related party |
| Agnikul Cosmos Private Limited | Private Company |
| Ampin Energy Transition Private Limited | Private Company |
| Apprentice FS Inc. | Body Corporate |
| Aromee Brands Private Limited | Private Company |
| Axiom Research Labs Private Limited | Private Company |
| Aye Finance Private Limited | Private Company |
| B9 Beverages Private Limited | Private Company |
| Be Well Hospitals Private Limited | Private Company |
| Bharathiasha Technologies Private Limited | Private Company |
| Bluevine Technologies Private Limited | Private Company |
| Bodhi Brands Private Limited | Private Company |
| Bright Lifecare Private Limited | Private Company |
| Cheema TVS Industrial Ventures Private Limited | Private Company |
| CISV India Private Limited | Private Company |
| Creation Impact Credit Fund (India) L.P. | Body Corporate |
| Creation Investments Social Ventures Fund I | Body Corporate |
| Creation Investments Social Ventures Fund II, LP | Body Corporate |
| Creation Investments Social Ventures Fund III, LP | Body Corporate |
| Creation Investments Social Ventures Fund IV, LP | Body Corporate |
| Credavenue Private Limited | Private Company |
| Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited) | Private Company |
| Credavenue Spocto Technology Ltd | Body Corporate |
| Desiderata Impact Ventures Private Limited | Private Company |
| Doxel Inc. | Body Corporate |
| EPI Venture Partners LLP | LLP |
| Epimoney Private Limited | Private Company |
| Everest Edusys And Solutions Private Limited | Private Company |
| Finfort Infotech LLP | Body corporate |
| Finnew Solutions Private Limited | Private Company |
| Garagepreneurs Internet Private Limited | Private Company |
| Geeyes Capital Funds Private Limited | Private Company |
| GS Properties And Consultancy LLP | LLP |
| Harita Accessories Llp | LLP |
| Harita Automobiles LLP | LLP |
| Harita Consultancy And Management Services LLP | Private Company |
| Harita Malini Private Limited | Private Company |
| Harita Properties LLP | LLP |
| Harita Realty Developers LLP | LLP |
| Harita Receivables And Collection Services LLP | LLP |
| Harita Srinivasan Private Limited | Private Company |
| Harita Techserv Private Limited | Private Company |
| Ideope Media Private Limited | Private Company |
| IIT Madras Research Park | Body corporate |
| Indriver Holdings Inc. | Body Corporate |
| Innovcare Lifesciences Private Limited | Private Company |
| IVC Association | Body corporate |
| Jidoka Technologies Private Limited | Private Company |
| Letsventure Technologies Private Limited | Private Company |
| Lightrock Corporate Services Private Limited | Private Company |
| Lightrock Investment Advisors Private Limited | Private Company |
| LR India Investment Managers IFSC LLP | LLP |
| Lucas TVS Limited | Public Company |
| LV Trustee Private Limited | Private Company |
| Madurai Alagar Enterprises Private Limited | Private Company |
| Manash Lifestyle Private Limited | Private Company |
| Mango Digital Vending Machines Network Private Limited | Private Company |
| Millets And More Foods Private Limited | Private Company |
| Neo Investment Value Advisors Private Limited | Private Company |
| Nextwealth Entrepreneurs Private Limited | Private Company |
| Octothorpe Web-Consultants Private Limited | Private Company |
| OFB Tech Private Limited | Private Company |
| Peak XV Partners Advisors India LLP | LLP |
| Pinnacle Global Trade Links LLP | LLP |
| Planetscale Inc. | Body Corporate |
| Pragma Platform Inc. | Body Corporate |
| Proklean Technologies Private Limited | Private Company |
| Reserve Bank Innovation Hub | Deemed Public Company |
| Sangvint Technologies Private Limited | Private Company |
| Sara Global Pte Ltd. | Body Corporate |
| SB TVS Industrial Ventures Private Limited | Private Company |
| Skyfi Education Labs Private Limited | Private Company |
| Smartcoin Financials Private Limited | Private Company |
| Sohan Lal Commodity Management Private Limited | Private Company |
| Spocto Solutions Private Limited | Private Company |
| Sundaram Auto Components Limited | Public Company |
| Sundaram Investment Consultants LLP | LLP |
| Sundaram Investment Private Limited | Private Company |
| Sundaram-Clayton Limited | Public Company |
| Sundaram-Clayton DCD Limited | Public Company |
| Sundaram Holding USA Inc. | Body corporate |
| T.V. Sundram Iyengar & Sons Private Limited | Deemed Public Company |
| Tata Sons Private Limited | Private Company |
| TGP Gourmet Private Limited | Private Company |
| Tn Apex Skill Development Centre For Automobile | Body corporate |
| Trichur Sundaram Santhanam & Family Private Limited | Private Company |
| Tvs Automobile Solutions Private Limited | Private Company |
| TVS Capital Funds Private Limited | Private Company |
| TVS Credit Services Limited | Public Company |
| TVS Digital Pte Limited, Singapore | Body corporate |
| TVS Educational And Training Services Private Limited | Private Company |
| TVS Electric Mobility Limited | Public Company |
| TVS Electronics Limited | Public Company |
| TVS Holdings Limited | Public Company |
| TVS Holdings Private Limited | Private Company |
| TVS Housing Finance Private Limited | Private Company |
| TVS Investment And Consultancy Services Private Limited | Private Company |
| TVS Investments Private Limited | Private Company |
| TVS Mobility Private Limited | Private Company |
| TVS Motor Company Limited | Public Company |
| TVS Motor (Singapore) Pte Limited | Body corporate |
| TVS Organics Private Limited | Private Company |
| TVS Staffing Solutions Private Limited | Private Company |
| TVS Sundram Fasteners Private Limited | Private Company |
| TVS Training And Services Limited | Public Company |
| TVS Wealth Private Limited | Private Company |
| Ummeed Housing Finance Private Limited | Private Company |
| Unizard Technologies Inc. | Body Corporate |
| Untitled Labs Inc. | Body Corporate |
| Venu Srinivasan Trustee Private Limited | Private Company |
| Vidhar Management & Consultancy Services LLP | LLP |
| Vivriti Asset Management Private Limited | Private Company |
| Vivriti Fixed Income Fund – Series 3 IFSC LLP | LLP |
| Vivriti Fixed Income Fund – Series 4 IFSC LLP | LLP |
| Vivriti Next Private Limited (formerly known as QED Business Solutions Private Limited) | Private Company |
| Vs Investments Private Limited | Private Company |
| Wakefit Innovations Private Limited | Private Company |
| Waycool Foods And Products Private Limited | Private Company |
| Webklipper Technologies Private Limited | Private Company |
| Wingreens Farms Private Limited | Private Company |
| Wonderlabs India Private Limited | Private Company |
| Yourstory Media Private Limited | Private Company |
| OBPP Association | Body corporate |
| Vastu Housing Finance Corporation Limited | Public Company |
| Muthoot Microfin Limited | Public Company |
| Bajaj Allianz Life Insurance Company Limited | Public Company |
| Bajaj Allianz General Insurance Company Limited | Public Company |
| Yatra Online Limited | Public Company |
| Indigo Paints Limited | Public Company |
| Sequoia Capital India LLP | Body Corporate |
| HARI AND COMPANY INVESTMENTS MADRAS PRIVATE LIMITED | Private Company |
| DSP Adiko Holdings Private Limited | Private Company |
| Czar Capital Private Limited | Private Company |
| AKR Express Private Limited | Private Company |
| Quattro Ventures Private Limited | Private Company |
| Creation Investments India Ill, LLC | Body Corporate |
| Lightrock Growth Fund IS.A., SICAV-RAIF | Body Corporate |
| Financial Investments SPC | Body Corporate |
| LR India Fund IS.a r.l., SICAV-RAIF | Body Corporate |
| TVS Shriram Growth Fund 3 | Body Corporate |
| Anata Capital Ventures Fund 1 | Body Corporate |
| GUJARAT GAS COMPANY LIMITED | Public Company |
| HDFC Bank Limited | Public Company |
| GSPC GAS COMPANY LIMITED | Public Company |
| GUJARAT SMALL INDUSTRIES CORPN LIMITED | Public Company |
| BAE SYSTEMS INDIA (SERVICES) PRIVATE LIMITED | Private Company |
| ASSOCIATION OF CGD ENTITIES | Body Corporate |
| GEEYES CAPITAL FUNDS PRIVATE LIMITED | Private Company |
| SUNDARAM INDUSTRIES PRIVATE LIMITED | Private Company |
| ANGELPRIME BETA LLP | Body Corporate |
| DPVL VENTURES LLP | Body Corporate |
| TVS-E SERVICETEC LIMITED | Public Company |
| SUNDARAM ENGINEERING PRODUCTS SERVICES LIMITED | Public Company |
| CHENNAI INTERNATIONAL CENTRE | Body Corporate |
| PROCONNECT SUPPLY CHAIN SOLUTIONS LIMITED | Public Company |
| Swiss E-Mobility Group (Holding) AG | Body Corporate |
| Swiss E-Mobility Group (Schweiz) AG | Body Corporate |
| The Norton Motorcycle Co. Limited, UK | Body Corporate |
| Vivriti Capital Limited | Public ltd Company |
DEFINITIONS
Unless repugnant to the context, the terms used in the T&C have the following meaning:
“Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’” means CredAvenue Securities Private Limited (including its successors and assigns)having its registered office at 12th Floor, Prestige Polygon, No. 471, Anna Salai, Nandanam,Chennai, Tamil Nadu – 600035.
”User” means
(a) In case of an individual, any person who has an account on the Platform; or
(b) In case of persons other than individuals,
(i) An entity who holds an account on the Platform, and who may access the Platformthrough its representatives or authorised officials; or
(ii) An entity on whose behalf any authorised representative or person may hold an accounton and access the Platform.
”Force Majeure Event” includes any act, event, non-happening, omission or accident beyondthe reasonable control of Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ and includes, without limitation, the following events:
(a) strikes, lock-outs or other industrial action;
(b) riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not)or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of public or private telecommunications networks or internetservices; and
(e) the acts, decrees, legislation, regulations or restrictions of any government, as may beapplicable.
“Platform” means the website www.aspero.in and/or the mobile application by the name of‘Aspero’ offered and operated by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’ for offering Services to the User.
”Personal Data” shall have the same meaning as ascribed to the term “Sensitive PersonalData or Information” under the Information Technology (Reasonable Security Practices andProcedures and Sensitive Personal Data or Information) Rules, 2011 (as amended from timeto time).
”Services” means the transaction facilitation services or transaction services offered by Aspero Markets Private Limited (Formerly known as Credavenue Securities Private Limited)’through the Platform for investing in financial instruments.
Standard Warning
‘’Investments in debt securities/ municipal debt securities/ securitised debt instrumentsare subject to risks including delay and / or default in payment. Read all the offer relateddocuments carefully’’.