Terms and Conditions

These Terms and Conditions (“Agreement”) are between you and Pojo Software Pvt. Ltd (pojo). (together with its affiliates, “PrimeETF” or the “Company”).  In consideration of the right to access and use the website located at the Universal Resource Locator Address www.primeetf.com (“primeetf.com”, the “Site” or the “Website”), and receive the services offered through the Website, you agree to the terms and conditions of use set forth in this Agreement and acknowledge that you are at least 18 years of age.  YOUR USE OF THE WEBSITE AND THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.  This Agreement applies to the Services currently offered by the Company and any Services that the Company may choose to offer in the future (unless stated otherwise).

PrimeETF Content

The Website presents information and content, including but not limited to newsletters, text, data, charts, commentary, graphics, software applications, reviews, video and audio files, applications and photos, other than User Content (as defined herein), as well as the compilation thereof (“Content”), that is owned or licensed by the Company. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and PrimeETF. When used in these Terms and Conditions, “we” and “our” mean Pojo.

The Content and opinions contained on this Website are for general information use only and are based on data obtained from recognized statistical services and other sources believed to be reliable. However, such information has not been verified by PrimeETF, and we do not make any representations as to its accuracy or completeness.  PrimeETF does not assume any liability for any loss that may result from the reliance by any person upon any information or opinions it provides.  Any statements non-factual in nature constitute only current opinions, which are subject to change without notice.

Neither the information contained in any newsletter or on PrimeETF.com, nor any opinion expressed therein is intended as an offer or solicitation with respect to the purchase or sale of any security or as personalized investment advice.

Officers and directors of PrimeETF may have positions in securities referred to on the Website and may sell such securities.  

Services

Through the Website, you may be able to register for memberships or subscriptions, purchase products and newsletters, pay for other goods and services as may be offered by PrimeETF, and post content and comments (together, the “Services”).   PrimeETF reserves the right to change, suspend and discontinue any aspect of the Services at any time, including but not limited to the nature of the services offered, databases, hours of availability, and newsletters or software needed for access or use. You agree that PrimeETF shall not be responsible for information, data, settings, content and materials placed on its servers through your use of the Services (“User Content”), and such User Content may be removed from the PrimeETF servers for any reason and at any time.

PrimeETF has no control over your use of the Services. Nevertheless, PrimeETF reserves the right to prevent you from using the Services for any reason, in its sole discretion. You agree that you are solely responsible for all fees, taxes and expenses which may be incurred through your use of the Services.

Communications Between Members and Posting Information in Public Forums

In some circumstances you may be permitted to comment on, as well as post, transmit or submit messages and other materials which may include uploading files, inputting data or any other materials or engaging in any form of communication in connection with the Site (collectively, “Messages”) to other Website users, Blogs and Bulletin Boards and other public and private areas within, or in connection with, the Site (collectively “Forums”). However, PrimeETF accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, children under the age of 18 are not authorized to post messages or participate in forums on the Site.

PrimeETF does not endorse and has no control over the content of Messages submitted by you or others to Forums. Messages submitted to Forums are not necessarily reviewed by PrimeETF prior to posting and do not necessarily reflect the opinions or policies of PrimeETF.  PrimeETF makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of anyMessages and other materials in the Forums. Nonetheless, PrimeETF reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

PrimeETF assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time PrimeETF chooses, in our sole discretion, to monitor the Forums, PrimeETF nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate or inaccurate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that PrimeETF shall accept no liability if we prevent, in our sole discretion, your Messages from being submitted or if we edit, restrict or remove your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for such user’s personal use and not to restrict or inhibit the use of the Site by any other person.

You are solely responsible for your interactions with other Website users. PrimeETF reserves the right, but has no obligation, to monitor disputes between you and other users.

You agree to release PrimeETF, its contractors and affiliates together with their respective employees, agents, officers, directors, members and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

Limitation of Use

You agree that you will neither post User Content nor submit Messages to Forums that:

• are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, nationalor international law;
• violate the copyright, trademark or other intellectual property rights of any other person or PrimeETF;
• improperly assume or claim the identity, characteristics or qualifications of another person;
• impose an unreasonable or disproportionately large load on the Website or Services infrastructures (including but not limited to the sending of mass e-mail or junk mail, known as “Spamming”);
• are libelous, or invasive of privacy or publicity rights or any other third party rights; or
• violate any federal or state securities law or exchange rule or regulation.

Furthermore, you acknowledge and agree that you will not: 

(i) collect or store personal data about other users of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or (ii) upload, e-mail or otherwise transmit any material, Communications or User Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications newsletters that is owned, leased or used by PrimeETF, the Website, or its users.

Ownership and Use of Content

All of the Content on the Website is owned or licensed by Pojo, and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Pojo. Please contact us at [email protected] with any licensing inquiries.

By uploading User Content or engaging in any other form of communication on or through the Website including but not limited to the use of the Forums or any and all Services (the “Communications”), you hereby grant PrimeETF a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit such Communications. You hereby waive all rights to any claim against PrimeETF for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You further represent that all Communications do not infringe upon any intellectual proprietary rights of third parties. You acknowledge that PrimeETF has detrimentally relied upon this representation. Accordingly, you further agree to indemnify PrimeETF from any claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the PrimeETF in connection with such Communications.

Copyright Notice

Indian Copyright Act Compliance

All content on this website, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of pojo software pvt ltd (pojo) or its content suppliers and is protected by the Indian Copyright Act, 1957.

Copyright Ownership: The exclusive rights to reproduce, distribute, perform, display, or license the content belong to PrimeETF. Unauthorized use of this content without written permission is strictly prohibited.

Fair Use: Under Section 52 of the Indian Copyright Act, certain uses of copyrighted material without the owner’s permission may be permitted. These include, but are not limited to, uses for research, education, criticism, review, and reporting. However, these exceptions are subject to specific conditions and limitations.

Third-Party Content: Any third-party content featured on this website is used with permission or is believed to be in the public domain. If you believe that any content on our website infringes your copyright, please contact us immediately at [email protected].

Trademarks

PrimeETF and third party trademarks and service marks may or may not be designated as such from time to time on the Site through use of the SM, TM or R symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines posted on the Site, whether or not designated by such symbols, including, but not limited to, use as metatags or in any other fashion without the express prior written permission of PrimeETF.

Security

For your protection, PrimeETF.com may require the use of encryption technologies for certain types of communications conducted through the Website. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. In connection with your use of the Website, you may establish or otherwise receive from PrimeETF user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Website. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that neither PrimeETF nor Pojo is under any duty to inquire as to the authority or propriety of any instructions given to PrimeETF.com via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that PrimeETF or Pojo shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold PrimeETF harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the website. PrimeETF reserves the right to block access to the Website for any reason. You also agree to immediately notify PrimeETF if you:

• Become aware of any loss or theft of your User Codes; or
• Become aware of any unauthorized use of your User Codes.

Children

The website does not intend to market any products or Services to anyone under the age of 18. PrimeETF does not knowingly gather or solicit data from anyone under the age of 18 through the Website for marketing purposes.

Availability

Not all of the products or services described on the Website are available in all geographic areas. You may not be eligible for all of the described products or Services and we reserve the right to determine the eligibility of any user for any product or service. The information provided on the Website is not directed at, or intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or country that would subject PrimeETF or its affiliates to any registration requirement within such jurisdiction or country.

Subscription-Based Services

We offer services, products, and subscriptions for a subscription fee (respectively, “ Subscription Based Services ” and “ Subscription Fee ”).

Payment:

You represent that you are at least the minimum age required to enter into a legal agreement. You agree to pay us for any Subscription Based Services you purchase from us (or a third party), as well as all other charges incurred under your account, including applicable taxes and fees. You are responsible for all charges incurred under your account, including purchases made by you or anyone you allow to use your account or any sub-or linked accounts (including any person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your authentication credentials.

Refunds:

Notwithstanding anything to the contrary set forth herein (but subject to any applicable law), all charges for a Subscription Based Services are nonrefundable unless provided otherwise in the terms you agree to when you register for a Subscription Based Services. However, if you believe that you have been charged in error or if you believe you should be refunded for any other reason, you should contact us within 24 hours of such charge. We reserve the right to refuse such a refund request for any reason, including if we reasonably believe (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same feature; (ii) if you are in breach of the Terms; or (iii) if we reasonably suspect that you are using the Subscription Based Services fraudulently.

Change in Fees and Billing Method: 

We may change our fees and billing methods at any time. We will provide you with notice of any price increase before any upcoming payments. Subject to applicable law, (i) if you disagree with any proposed change, your sole remedy is to cancel your Subscription Based Services before the price change takes effect and (ii) your continued use of or subscription to the Subscription Based Service after the price change takes effect constitutes your agreement to pay the new price for the Subscription Based Service.

No Warranty

The services, content and the website are provided “as is” and without warranties of any kind, either express or implied, including but not limited to  all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, which are hereby expressly disclaimed to the fullest extent permissible pursuant to applicable law. Furthermore, primeetf makes no warranty or representation regarding any content or services, the result that may be obtained from the use of the website or any services, the accuracy or reliability of any content or other information obtained through the website, any content, goods or services offered, purchased or obtained through the website, or that the website, content or the services will meet your requirements, be uninterrupted, free of viruses or other harmful components, time secure or error-free. User understands and expressly agrees that the use of the services and the website and all their contents is at your sole risk, that any and all material and data uploaded, downloaded or otherwise obtained through the use of the website or the services is at your own discretion and risk and that you will be solely responsible for any damage to you, your property or any third party or third party’s property that results from the use of the website or services. PrimeETF does not warrant or make any representations regarding the use or the results of the use of the website or the services in terms of the correctness or accuracy of any content, the reliability of any data or services or otherwise. the website, content and services could become inaccurate or ineffective as a result of developments occurring or changes made after publication of these terms and conditions or any other content. PrimeETF undertakes no obligation to keep any such information, content or services current. primeetf is not responsible for the results of any defects that may exist in the content, website or the services or the operation of such website or services.

PrimeEtf shall not be responsible or liable to any user for any acts of fraud, theft, misappropriation, tampering, hacking, interception, piracy, misuse, misrepresentation, dissemination, or other illegal or unauthorized activities of third parties involving user information.

To the extent that the law does not permit the disclaimer of warranties, all content and services accessible on the website, or any other website to which we link, and all operations of the website and the services are warranted only to the minimum amount legally required.

No Liability

In using the website and the services, you specifically agree that you will not hold PrimeETF liable to you or any party for any damages or injury or loss, including any direct, special, incidental, consequential or punitive damages, or lost profits, that may result from the use of, or the inability to use, the website, content and services (or any other data or linked website) or otherwise relating to or arising out of the website or services or your use thereof, whether in an action of contract, negligence or other tortious action. PrimeETF shall not be liable even if primeetf or an authorized representative of PrimeETF has been advised of the possibility of such damages.

Privacy

Please click here for our Privacy Policy.

Jurisdiction

If you choose to visit the website, your visit and any dispute over privacy is subject to this Policy and the website’s terms of use. In addition to the foregoing, any disputes arising under this Policy shall be governed by the laws of India. 

General

These Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the PrimeETF Website, including the fees associated with the newsletters necessary to access the Internet and the fees charged by your Internet service provider.