In these Terms and Conditions (including the Introduction above), unless the context otherwise requires, the following words and phrases shall have the meanings assigned to them hereunder - "Alerts" means notices relating to various matters issued or to be issued by TOML to you from time to time e.g. notices of market information, reminders for bill payments, etc. "Alliance Partner" means any Person, other than TOML, who displays content or offers any Facility on the Website. Eg. : banks offering loans and other credit facilities,companies offering assistance with taxation matters,banks and companies offering credit cards, etc. "Call Centre" means the call center which may be set up by TOML or a Service Provider to assist Visitors in connection with the Website including the Facilities displayed or offered thereon and any transactions entered into or proposed to be entered into by the Visitors in respect of such Facilities. "Customer" means a Registered User who avails or seeks to avail of any Facility. "Customer Account" means one or more accounts relating to the Customer's position in respect of one or more Facilities. "Customer ID" means the user identification chosen by the Customer and registered by the Website which, along with the Customer Password, will enable the Customer to -
"Customer Password" means the password chosen by the Customer and registered by the Website which, along with the Customer ID, will enable the Customer to -
"Facility" means any present and future product, service or facility displayed or offered on or through the Website (whether by TOML or by any Alliance Partner) and includes loans, hire-purchase facilities, lease facilities, services and facilities for acquiring, selling and dealing in shares, units and other securities, bill payment facilities, application forms and other documents downloading facilities, insurance policies, credit cards, remittance facilities, Alerts, Portfolio Tracking facilities, Customised News and taxation advisory and assistance services. "Person" includes an individual, a company, a body corporate, an association of persons (whether incorporated or not), a trust, a partnership firm, a society and the government. "Registered User"means any Visitor who has registered himself with the Website but who has not entered into any transactions in respect of the services and products offered on the Website. The term "Registered User" includes every Customer. "Registered User ID" means the user name that is chosen by the Registered User and registered by the Website for access to the Website. "Registered User Password" means the password that is chosen by the Registered User and registered by the Website for access to the Website. "Service Provider" means a Person, not being an Alliance Partner, who provides a service to TOML in order to enable TOML to operate and/or maintain the Website, provide any feature on the Website or provide any Facility which is provided by TOML. "T-PIN" is an abbreviation for Personal Identification Number, and means a password which may be allotted by TOML to a Customer to enable him to perform such activities as TOML may permit over the telephone through the Call Centre or otherwise e.g. give instructions, enter into transactions, inquire about the account status, approve bill payments. "the Terms and Conditions" means the terms and conditions set out above and below and also all other terms and conditions contained elsewhere on the Website from time to time. "TOML" means TimesofMoney Ltd, a limited liability company incorporated in India under the Companies Act, 1956, and includes its successors and assigns. "TOML's Affiliates" means any other body corporate which controls, is controlled by, or is under common control with, TOML. In this definition "control" means the direct or indirect control of 10% or more of the ownership, voting rights or equity capital of the concerned entity. "Visitor" means any person who accesses or visits the Website, whether or not such person has registered himself as a Registered User. The term "Visitor" includes every Registered User and Customer. "the Website" means the Website presently maintained by TOML at www.timesofmoney.com, and includes the pages of the Website and any applets,software and content contained in the Website.
Interpretation In the Terms and Conditions, unless repugnant to the context or meaning thereof, -
You agree -
You shall indemnify TOML for any losses caused to TOML due to any information provided by you to TOML being untrue, inaccurate, not current or incomplete in any respect, and TOML shall not be responsible for any losses sustained by you due to any information provided by you to TOML being untrue, inaccurate, not current or incomplete in any respect. If any information provided by you is untrue, inaccurate, not current or incomplete, TOML has the right to terminate your registration and refuse you access to or use of the Website or any Facilities.
You will be solely and absolutely responsible for maintaining the secrecy and confidentiality of all your IDs and passwords (which term includes T-PINs) and you will be fully and absolutely responsible and liable for all transactions and activities that occur under your ID and password including any unauthorised use or misuse of your ID and/or password. You will be responsible and liable if any third party gains access to the Website or any Facility through the use of your ID or password, and you hereby agree to indemnify TOML and hold TOML harmless against any liability, costs, damages, claims, suits and proceedings based upon or relating to such unauthorised access and use. Without prejudice to the aforesaid, you agree to -
6.1.
You shall not -
Access and use of the Website and the Facilities is entirely at your own risk. The Website, including any content or information on it, any related or linked site and all Facilities, products and services displayed, provided, availed of, licensed or purchased on, through or via the Website are provided "as is," without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose or completeness. Specifically, TOML disclaims any and all warranties including, but not limited to -
TOML has not verified and shall not be liable or responsible for any content or other information on the Website or on web-sites linked to or with TOML. TOML does not, in any way, certify or warrant the performance, operation, content or availability of the Website or such other websites. Although TOML adopts security measures which it considers appropriate for the Website, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorised access to the Website or any Customer Accounts. TOML shall not be responsible or liable if any unauthorised person hacks into or gains access to the Website, any Facility or your accounts; and you shall be liable and responsible for the same.
You further acknowledge that -