These Terms and Conditions (“Terms”) govern your (“Client,” “You,” or “User”) usage of and access to the research services (“Services”) provided by Manish Salvi Proprietor of Momentum Mantra (referred to as “Research Analyst,” “We,” “Our,” or “Us” as the context may require). The Research Analyst is registered with the Securities and Exchange Board of India (“SEBI”) as a Research Analyst (“RA”) under the SEBI (Research Analyst) Regulations, 2014. Please read these Terms carefully before subscribing to or using any of Our Services. By accessing or using Our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
2. CLIENT DETAILS
Before availing of Our Services, the Client agrees to provide the following personal details as part of the registration process and Know Your Client (“KYC”) compliance:
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Full Name :
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Permanent Account Number (PAN) :
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Date of Birth :
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Mobile No. :
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Aadhar:
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Email Address :
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Address :
You affirm that all details provided are true, accurate, and complete. Inaccurate or incomplete information may result in suspension or termination of your access to Our Services.
3. DEFINITIONS
3.1
“Services”
Refers to the research content, research data, model portfolios of Indian-listed securities, and research reports provided by the Research Analyst, for which Users pay a research or subscription fee.
3.2
“User” / “Client”
Any person/entity who subscribes to or avails of Our paid Services after agreeing to these Terms, including any persons authorized to use the Services on their behalf.
3.3
“Digital Platform”
Includes websites, mobile applications, third-party web applications, or any other online platforms, including payment gateways or processors (e.g., Instamojo, Cashfree, Razorpay, Stripe, Jodo, NEFT, IMPS, CeFCoM, Cheque, etc.) that We may use to provide Services or collect fees.
3.4
“Business Days”
Any day banks are open for business in Ujjain, India.
4. ELIGIBILITY
4.1
Legal Capacity
Only individuals and entities who can form legally binding contracts under the Indian Contract Act, 1872 are eligible to register and avail of Our Services. Persons “incompetent to contract” (including minors, un-discharged insolvent, etc.) are not eligible.
4.2
Age Requirement
If you are under 18, you shall not register for or access the Services. By registering, you represent that you are at least 18 years of age.
5. REGISTRATION & KYC
5.1
Registration
To access Our Services, you must register by providing your correct and updated personal information (as listed in Section 2). By registering, you agree that all information provided is true and accurate. Failure to provide true and accurate information can result in immediate termination or refusal of Service.
5.2
KYC Compliance
We may collect, store, upload, and/or verify KYC records with KYC Registration Agencies (“KRA”) as mandated by SEBI. You agree to furnish additional supporting documents as required.
6. CONSIDERATION & MODE OF PAYMENT
6.1
Fees Structure
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You agree to pay the fees as communicated and published by the Research Analyst for the chosen subscription or research plan.
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The maximum fee charged by the Research Analyst, per SEBI (RA) Regulations, shall not exceed ₹1.51 lakhs per annum per family of clients, unless otherwise notified by SEBI.
6.2
Payment Methods
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Payment shall be made through recognized modes: NEFT, IMPS, UPI, payment gateways (Instamojo, Cashfree, Razorpay, Stripe, Jodo), CeFCoM, cheque, or any other method communicated by Us.
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We may collect up to three (3) months’ advance payment based on mutual agreement with the Client.
6.3
CeFCoM (Optional)
In line with SEBI guidelines, We offer an optional Centralized Fee Collection Mechanism (“CeFCoM”) for Clients who wish to use it. Instructions and guidance for using CeFCoM will be provided at the time of subscription.
7. PROVISION & USE OF SERVICES
7.1
Service Description
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Our Services include providing research reports, model portfolios, recommendations, and related content about Indian-listed securities
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We do NOT execute trades, invest funds, or carry out buy/sell orders on your behalf. You retain full control and discretion over any investment decision.
7.2
No Assured Returns
All investments in securities markets are subject to market risks. Registration with SEBI and certifications from NISM do not guarantee returns. We do not offer any profit-sharing model or assure any returns.
7.3
AI Tools
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We may infrequently use Artificial Intelligence (“AI”) tools in delivering Our Services. However, we remain responsible for the security, confidentiality, and integrity of Client data used in conjunction with AI.
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We ensure compliance with all applicable laws regarding the use of AI tools.
7.4
Risk Factors
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Market and economic conditions vary, and past performance is not indicative of future returns.
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Recommendations or research content are purely educational and do not serve as an absolute guarantee of performance.
8. USER OBLIGATIONS & RESTRICTIONS
8.1
Usage
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The Client agrees to use Our Services for personal benefit and consumption only.
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Unauthorized distribution or reproduction of Our research reports or content is strictly prohibited.
8.2
No Representation on Our Behalf
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You shall not describe yourself as Our agent or make any representations or warranties on Our behalf.
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You shall not permit execution of trades by the Research Analyst on your behalf.
8.3
Accuracy of Information
All information provided by you must be accurate and complete. We are not liable for losses or damages arising from any inaccuracy in the data you provide.
8.4
Confidentiality & IP Rights
All research reports, materials, and intellectual property provided by Us remain Our property. Clients shall maintain the confidentiality of such materials and shall not share them without Our explicit written consent.
9. CONFLICT OF INTEREST
We adhere strictly to SEBI’s guidelines on disclosure and mitigation of actual or potential conflicts of interest. Any conflict of interest, if existing, will be adequately disclosed in each research report.
10. DISCLAIMERS & LIMITATION OF LIABILITY
10.1
Disclaimer of Warranties
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Our Services are provided on an “as is” and “as available” basis, without warranties of any kind (express or implied).
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We make no warranty that the Services will be uninterrupted, timely, secure, or error-free.
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Any reliance on or use of Our content, research reports, or recommendations is solely at your own risk.
10.2
Limitation of Liability
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To the maximum extent permitted by law, We shall not be liable for any direct, indirect, incidental, special, or consequential damages (including lost profits, loss of goodwill, loss of data, or opportunity costs) arising out of or in connection with your use of, or inability to use, Our Services.
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Our liability shall not exceed the total subscription fee actually paid by you to Us during the three (3) months preceding the event giving rise to liability.
11. MOST IMPORTANT TERMS & CONDITIONS (MITC)
11.1
MITC Review
Clients are advised to review the Most Important Terms and Conditions (MITC) specific to the Services provided. These MITC are accessible on Our www.momentummantra.in
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The Research Analyst cannot execute trades or carry out any transaction on your behalf.
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Past performance is not indicative of future performance.
11.2
Periodic Revisions
The MITC may be revised based on guidelines issued by SEBI, the industry standards forum (ISF), or other regulatory bodies, and will be updated on Our website accordingly.
12. TERMINATION & REFUND OF FEES
12.1
Termination by Us
We reserve the right to terminate or suspend Our Services if:
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Our registration with SEBI is suspended or canceled for more than sixty (60) days;
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You breach these Terms or provide false information;
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You engage in illegal, fraudulent, or abusive use of the Services.
12.2
Refund Policy
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If our SEBI registration is suspended for more than sixty (60) days or canceled, we shall refund the subscription fees to you on a pro-rata basis for the remaining period of the subscription.
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In certain circumstances, we may, at our sole discretion, provide refunds on a pro rata basis, i.e, basis service due in case you do not continue services and send us a written request asking the same.
12.3
Cancellation by Client
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You may cancel your subscription at any time, but you will continue to have access to the services until the end of the current billing period unless a pro rata refund for services remaining to be rendered is specifically requested in writing.
13. GRIEVANCE REDRESSAL & DISPUTE RESOLUTION
13.1
Grievance Redressal
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For any service-related issues, including non-receipt of research reports or deficiency in service, please email: compliance@momentummantra.in
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If you are not satisfied with the resolution, escalate the matter to the designated Grievance Officer: Manish Salvi and 9752881626m@gmail.com.
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We aim to resolve all grievances within seven (7) business days or as mandated by SEBI from time to time.
13.2
Regulatory Escalation
If your grievance is not addressed satisfactorily, you may escalate to SEBI’s SCORES portal as per the process laid out therein or pursue remedies under applicable law.
13.3
Arbitration
In the event of any dispute or difference arising out of or relating to these Terms which cannot be resolved by mutual discussion, such disputes shall be referred to arbitration under the procedure specified by SEBI or as per the Arbitration & Conciliation Act, 1996, and amendments thereto, seated in Ujjain, Madhya Pradesh.
14. MANDATORY NOTICES
14.1
Do’s & Don’ts with RAs
Clients are urged to read SEBI’s master circular No. SEBI/HO/MIRSD-POD-1/P/CIR/2024/49 dated May 21, 2024 (and any subsequent directives) regarding “Dos and Don’ts” when dealing with Research Analysts.
14.2
No Unauthorized Services
We do not provide any unauthorized services or undertake any direct trading activities. Our role is limited to publishing research analysis and/or investment strategies and commentary.
15. INDEMNITY
You agree to indemnify and hold harmless the Research Analyst, its affiliates, officers, employees, and agents from and against any and all losses, damages, liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
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Your breach of these Terms;
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Your violation of any rights of a third party;
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Your use or misuse of the Services; or
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Your violation of any applicable laws or regulations.
16. MISCELLANEOUS
16.1
Force Majeure
We shall not be liable for any delay or failure to perform resulting from events beyond Our reasonable control, including acts of God, fire, floods, earthquakes, strikes, war, riots, pandemics, or power failures.
16.2
Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16.3
No Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16.4
Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Subject to the arbitration clause herein, the courts in Ujjain, Madhya Pradesh shall have exclusive jurisdiction over any disputes.
16.5
Updates to Terms
We reserve the right to update or modify these Terms at any time. Material changes will be notified via email to your registered email address or by posting a notice on Our website. Continued use of the Services after such modifications constitutes your acceptance of the revised Terms.
16.6
Contact Information
For further details or updates, please visit Our website: www.momentummantra.in
For clarifications or questions regarding these Terms, please email:
compliance@momentummantra.in
17. DECLARATION & CONSENT
By signing, or otherwise indicating assent
1. You acknowledge that you have read, understood, and agree to these Terms, including the disclaimers and limitations of liability.
2. You confirm that you have provided accurate personal details (Name, PAN, DOB, Email, Address).
3. You agree that no research service will be rendered, nor any fee charged, until your explicit consent to these Terms is received.
4. You understand that any investments made pursuant to Our research reports are at your sole discretion and risk, and no assurance or warranty of returns or profitability is provided.
18. Important links to visit:
Investor Charter: https://momentummantra.in/investor-charter/
Complaint Data: https:// momentummantra.in /complaint-data/
Disclosure: https:// momentummantra.in /standard-disclosures/
Website: https:// momentummantra.in /
19. Regulatory Disclosure
Manish Salvi Proprietor of Momentum Mantra
Address: 127, G-Block, Hatkeshwer Vihar, Daud Khedi, Ujjain M.P.456006
SEBI Reg. No.: INH000015598
Contact No.:
+91 9752881626
20. Details of Compliance Officer
Name: Manish Salvi
Email: 9752881626m@gmail.com
Contact No.:
+91 9752881626
Client’s Signature/Name:
_______________________
“I Agree,” you are agreeing to the above Terms and Conditions.