TERMS AND CONDITIONS for VIBOXL SERVICES PVT. LTD.

Updated: 10 January 2024

The mobile application, TradeVade (“Platform ” ) is operated and run by  Viboxl Services Private Limited (“Viboxl Services ” or  “we ” or  “us ” or  “our ” ). Any person (“User ”or “Users ”or “you ”or “your ”) browsing, registering, accessing or using the Platform for participating in any of the courses and Test Series or Practice Sessions (“Practice Sessions ” ) available on the Platform, shall be bound by these terms and conditions (“Terms ” ), Privacy Policy at  https://www.TradeVade.in/privacy.html (“Privacy Policy ” ), all other rules, regulations and Terms referred to herein or provided by Viboxl Services in relation to any of the courses or Practice sessions and all applicable local, State, national and international laws, rules and regulations. You agree and acknowledge that you have completely read and understood these Terms and our Privacy Policy, incorporated herein by reference, as amended from time to time. You agree, covenant, and undertake to be bound by the specific rules and regulations.

If you do not agree with any part of these Terms or Privacy Policy, kindly refrain from using the TradeVade app.

Any changes to these Terms will be posted on this page of the Platform wherever appropriate. The User must visit this page periodically to stay updated on the Terms applicable to their use of the Platform. Any User ’s continued usage of the Platform after any such update, change, replacement or modification in the Agreement constitutes their valid consent to such update, change, replacement or modification.

These Terms constitute a legally binding document between you and Viboxl Services. The Terms are published in accordance with the provisions of the Information Technology Act, 2000 and the rules made thereunder. It is an electronic record generated by a device system and does not require any physical, electronic or digital signatures.

1. DEFINITIONS

1. “Agreement ” shall mean these Terms, the Privacy Policy and any other rules or policies available on the Platform including all other additional or modified terms and conditions and policies in relation to the Platform or any current or future services that may be offered by Viboxl Services.
2. “Applicable Law ” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, notifications, orders, permits, tariffs and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in the territory of Republic of India.
3. “TradeVade Practice Sessions as TPS ” Once you learn from the courses you will practice your trading stratiges in TPS, where you virtually buy/sell stocks without being involed in real stock market.
4. “Courses ” means Stock learning content in both video and text form present in the application. These courses are purely ment for education purpose and will not promote any stock advisory.
5. “Credits & Rewards ” is available in User ’s account and includes the amount added by a User through Deposit, Rewards earned by TradeVade Practice Sessions or Courses. The Credits is held in trust by the Platform.
6. “Deposit ” is the amount added by the User to their account through any preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking), it'll convert into credits.
7. “Designated Amount ” refers to the amount which Users pay from the Credits to access TPS or Courses.
8. “Rewards ” means the amount won by a User upon completion of the Practice Session or Courses and other app's part.

2. ELIGIBILITY

1. Any browsing, registering, downloading, using or accessing by any person of any part of the Platform or accessing any of the courses or TPS offered by Viboxl Services will be deemed to constitute acceptance of the Agreement by the User thereby resulting in a legal and binding contract between the User and Viboxl Services.
2. Users from all Indian States have to always ensure that they are complying with the Applicable Law and we will attempt to post any changes that we see appropriate to better educate the Users. You agree and acknowledge that our decision in this regard will be final and binding, and no consideration, whatsoever, will be extended to the User.
3. Any User who is incompetent to contract within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. is not eligible to enter into this Agreement with Viboxl Services.
4. The Platform should not be used, installed, or played by any person under the age of eighteen (18) years.
5. Viboxl Services reserves the right to terminate any User ’s account or deny access to the Platform if it is brought to our notice that a particular User has violated the Agreement including any of these Terms.

3. REGISTRATION

1. In order to register for the courses offerd by TradeVade you must have a valid TradVade Account.
2. You can join TPS with your valid TradeVade account ID.
3. Your account will be terminated once you attempt to join with modification of other users ID's or in case as yours.
4. There is no age limit for joining Courses offered by TradeVade.
5. While registering for the courses you need to pay for it in with Credits, as per the course cost.
6. Joining TPS may require Credits.

4. TAXES PAYABLE

All rewards shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961 as well as applicable indirect taxes including goods and services taxes. TDS will be deducted by the Company in accordance with the then current prescribed TDS rate. The User shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the rewards. The decision of the Company with respect to the awarding of rewards shall be final, binding and non-contestable. The Company may, at its sole and absolute discretion, vary or modify the rewards being offered to Users. Users shall not raise any claim against the Company or question its right to modify such rewards being offered, prior to closure of any TPS or Courses.

5. PAYMENT TERMS

1. In respect of any transactions entered into the Platform for courses or TPS, Users agree to be bound by the following payment terms when participating in App :
   1. Pre-designated platform fee (“Platform Fee ” ) for access to the Platform. Such Platform Fee is may or may not inclusive of applicable Goods and Services Tax (GST); and
2. Viboxl Services reserves the right to deny access to its Platform to any User at its sole and absolute discretion.
3. In respect of any transactions entered into on the Platform, including making a payment to add Credits, the Users agree to be bound by the following payment terms:
   1. Viboxl Services reserves the right to charge a Platform Fee, which would be specified and notified by it, at any time during or prior to a User ’s use of the Platform. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User ’s Credits and Viboxl Services shall issue an invoice for such debit to the User.
   2. At once, you can maximum add the credits, to the limit of 2000 only and also keep the added amount to the maximum of 2000 credits into the app, this limit is to prevent any money laundering
   3. You can withdraw these credits into your bank account through available payment mode on platform.

   
   

   
   

   6. PROCESSING FEES

   1. Viboxl Services charges a ‘Processing Fee ’from the User(s) for facilitating withdrawal of Rewards through various modes including but not limited to Bank Account and UPI.
   2. The Processing Fee shall be levied as per the following schedule:
      1. 2% of Withdrawable amount will be charged as ‘Processing Fee ’inclusive of GST
      2. In accordance with the Terms &Conditions, Viboxl Services reserves the right to revise the Processing Fee and its levy schedule at its sole discretion.
   3. The Convenice Fee shall be levied as per the actual charges incurred by Viboxl Services by the payment gateway. This Convenience Fee will be made know to the user at the time of check-out via the payment gateway window.

   
   

   
   

   7. WITHDRAWALS AND REWARDS

   1. In terms of the rules of the courses and TPS, Rewards would be announced to the Users after the completion of the TPS/courses and would be added to users's TradeVade app's virtual wallet ( in Withdrawable section).
   2. The Users are eligible to withdraw the Rewards from the virtual wallet to their respective bank account once it is verified that the name on the User ’s PAN card matches with that on their bank statement. The Users shall provide the bank account details in state of residence.
   3. The Users can withdraw a minimum of INR 100 from their Credits. Any request lower than INR 100 will not be accepted. Viboxl Services reserves the right to revise this limit at any point of time.
   4. The Users can withdraw a maximum of INR 1000 in a given day through the Platform. Any withdrawal request for an amount more than INR 1000 can be made by writing to support@tradevade.com . Viboxl Services would endeavour to honour these requests within a period of 7 (seven) working days.
   5. Please ensure your bank account/UPI ID is active, failing which, we/payment system partners/banks may be unable to process the withdrawal.
   6. In case of withdrawal through a bank account or UPI, please ensure that the name on your KYC document matches/is the same as the name of the account holder submitted for withdrawing the Rewards. In the event the name on the KYC document does not match with the account holder ’s name, the same shall be considered invalid. In such an event, you may retry adding your bank account details/UPI ID to ensure the name matches with the name on your KYC document.
   7. KYC verification is mandatory as a proof of identity for making withdrawals from your Credits to your bank account. KYC verification may be done through the Platform by providing certain details: (i) photograph of a valid government ID (Aadhaar card, address proof along with PAN card, etc.); and (ii) other User details.
   8. If you opt to provide your Aadhaar number for completion of KYC, you hereby:
      1. Understand and agree that your Aadhaar has been submitted only for completion of your KYC verification; and
      2. You authorise us to temporarily access your Aadhaar card and you understand that we will not be storing your Aadhaar number unless as prescribed by law.
   9. Viboxl Services may scrutinise all documents submitted and may, at its sole and absolute discretion, disqualify any user from withdrawing his accumulated Rewards (or any part thereof) on the following grounds:
      1. Determination by Viboxl Services that any document or information submitted by the User is incorrect, misleading, false, fabricated, incomplete or illegible; or
      2. User does not fulfil the eligibility criteria; or
      3. Any other ground as reasonably determined by Viboxl Services.
   10. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
   11. The Users are required to provide proper and complete details at the time of registration. Viboxl Services shall not be responsible for communications errors, commissions or omissions including those of the Users due to which the results may not be communicated to the user.
   12. All the users would be notified within the Platform about the their performance in TPS in which they participited.
   13. Notwithstanding any other provisions, in cases where any amount in excess of the Rewards is credited to the Users Account, the User hereby undertakes, agrees, and authorizes Viboxl Services to have the right to reclaim, impose lien and freeze the Account of the User until the amount is re-claimed.
   14. We reserve the right to deduct withholding tax under the applicable provision of the Income Tax Act, 1961 on any amounts that become due, payable or paid to you. In case we believe that any such withholding tax is applicable, you agree that we can deduct and deposit the tax and/or any interest/penalty with the Government treasury and debit the amount from your Credits. You also agree to remit to us on demand any additional funds if required to discharge any such liability.
   15. You represent and warrant to us that you are not in the business or profession of gaming or playing games, and that any incentive received by you in form of discount, bonus money, cashback, etc. from us is not arising from any business or exercising of a profession of gaming or playing games by you, for the purposes of section 194R of the Income Tax Act, 1961.
   16. The decision of Viboxl Services with respect to the awarding of Rewards shall be final, binding and non-contestable.
   17. To the extent permitted by law, Viboxl Services makes no representations or warranties as to the quality, suitability or merchantability of any Rewards and shall not be liable in respect of the same.
   18. Viboxl Services may, at their sole and absolute discretion, vary or modify the Rewards. Users shall not raise any claim against Viboxl Services or question its right to modify such Rewards being offered, prior and after the closure of courses or TPS.
   19. All Rewards are non-transferable.

   
   

   
   

   8. BALANCES

   1. Any User accessing the Platform is provided with the following categories of Credits for the processing and reconciliation of payments:
      1. Credits & Rewards –This shall comprise of the Deposit made by the User through any of the payment modes available on the Platform. The User shall deposit money in the Credits & Rewards in order to access the TPS and Courses. Amounts deposited in this Credits cannot be withdrawn and can only be utilised for TPS & Courses. Your referral rewards will also add in this section. You're not storing your money here as it first convert it into credits and then get store at the rate of 1 credits = INR 1.00.
      2. Withdrawable Credits –This shall comprise of the Credits won by the Users by getting the rewards according to their performance in TPS and Courses. These Credits can be withdrawn into INR after applicable tax deduction and subject to KYC checks as maybe required.

   
   

   
   

   9. REFUND POLICY

   1. In an event there is an error in accessing the TPS or Courses by us, we may, at our sole and absolute discretion, refund the Designated Amount paid, provided the reasons are genuine and proved after investigation by us.
   2. We do not cancel participations once the Designated Amount has been paid and the User has consented to participate in the TPS or Courses. However, in case of exceptional circumstances wherein the fault may lie with the payment gateway or at our end, we may cancel your participation on request and refund the Designated Amount to you within a reasonable period of time.
   3. In case we cancel your participation in any of the TPS or Courses as a result of this, we will return your Designated Amount to you within a reasonable period of time to your Credits & Rewards.
   4. We will try our best to create the best user experience for you. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payments made through a payment gateway, payment refunds will be made to the same account.

   
   

   
   

   10. TPS IS NOT A GAME

   1. TPS is not a online game but an online practice session as you're aware of below points :
   2. An online practice session, is a focused and structured activity designed to improve specific skills or knowledge in a particular area.
   3. Practice sessions are usually more educational or skill-oriented in nature, rather than purely for entertainment.
   4. These sessions aim to allow users to practice, learn, and enhance their abilities in a controlled environment.

   
   

   
   

   11. REFERRAL PROGRAMME

   1. Viboxl Services may offer referral programmes (“Referral Programme ” ) on the Platform to allow all its Users to receive certain rewards in the form of Credits & Rewards for each new User that they refer to join on the Platform.
   2. All Users are eligible to participate in the Referral Programme except in cases where an Account has been suspended or has otherwise been disallowed by Viboxl Services from participation in the Referral Programme.
   3. Only ‘successful referrals ’will be counted and eligible to receive the rewards. A successful referral involves a new User registering on the Platform and completing the sign-up by clicking on the referral link of the referrer or by putting the referrer ’s unique referral code.
   4. The User will be able to use only a certain percentage of the cumulative rewards (as permitted by Viboxl Services from time-to-time) reflecting in their Account to participate in the Platform.
   5. Additional terms applicable to a Referral Programme:
      1. The nature and value of rewards to be credited will be based on the Referral Programme offered by Viboxl Services at any given point in time to a User.
      2. Referral links will be generated from each User ’s Account on the Platform.
      3. Rewards and their types are subject to change at our discretion without notice.
      4. Users found to have been committing fraud will be blocked from the Platform.
      5. The reward amount/type is based on the applicable reward on the day a User ’s referral signs up on the Platform.
      6. An individual User can refer up to unlimited number of new Users.
      7. Viboxl Services reserves the right to change rules and regulations associated with the Referral Programme without notice.
      8. Please contact customer support in case of further queries.
   6. Disqualification from Referral Programmes:
      1. Users will not receive credit for referring themselves by creating multiple Accounts.
      2. Viboxl Services reserves the right, in its sole discretion, to suspend or disqualify an Account from the Referral Programme or nullify the referral rewards.
      3. Referral rewards would be given only to those Users whose Account has not been suspended, terminated, deleted or disqualified in any manner by Viboxl Services.
   7. The Users are responsible for paying any and all taxes or commissions related to the rewards earned by them through the Referral Programmes on the Platform. Viboxl Services reserves the right to withhold taxes as appropriate and as required under Applicable Law.

   
   

   
   

   12. INTELLECTUAL PROPERTY RIGHTS

   1. Viboxl Services uses a combination of content created by it, its partners, affiliates, licensors, associates and Users. The intellectual property rights (“Intellectual Property Rights ” ) in all software and material published on Platform, including but not limited to TPS, Courses, written content, photographs, graphics, images, illustrations, marks, logos, audio clippings, video clippings and animation, is owned by Viboxl Services, its partners, licensors or associates. No User shall modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Platform either in whole or in part without express written license from Viboxl Services
   2. The Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Platform (“Users ’Content ” ). Each User represents and warrants that they own all Intellectual Property Rights in the Users ’Content and that no part of the Users ’Content infringes any third-party rights. The Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third-party on the Platform. The User agrees to indemnify and hold harmless Viboxl Services, its directors, employees, affiiates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third-party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform, by such User or through the User ’s commissions or omissions
   3. The User hereby grants to Viboxl Services and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit or publish Users ’Content (across any form, medium, or technology) for any of the following purposes:
      1. displaying Users ’Content on the Platform;
      2. distributing Users ’Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it; or
      3. storing Users ’Content in a remote database accessible by end users, for a charge.

   
   

   
   

   13. COMMUNITY POLICIES

   1. We deeply understand the psychological distress that abusive content can have on individuals, and we do not tolerate abusive content or behaviour on our platform. Users should feel safe to express themselves responsibly without fear of being shamed, humiliated, bullied, or harassed. No User shall:
      1. promote violence against or directly attack or threaten other Users, especially on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiiation, age, disability or serious disease. Users inciting harm towards other Users would be suspended
      2. choose a username, display name or profile info which may result in targeted harassment or expressing hate towards a person, a group, or a protected category;
      3. use hateful images or symbols in your profile image or profile header;
      4. use abusive language or share other Users ’personal or sensitive information;
      5. threaten or incite violence;
      6. upload content with the intent to shame, deceive or insult a minor;
      7. upload content that wishes death, serious disease, physical, or other harm on an individual;
      8. upload content that praises violent tragedies and disparages their victims;
      9. post an individual ’s non-public personal identifying information like a phone number, home address, or email to direct abusive attention or traffic toward them; or
      10. stalk or attempt to blackmail other Users.
   2. Any User found violating any community policy shall be barred from the Platform and the Account shall be suspended, at the sole discretion of Viboxl Services.

   
   

   
   

   14. RESTRICTIONS

   1. You shall not use the Platform, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement or under Applicable Law.
   2. You will not use the Platform, or any content provided thereof:
      1. to host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the User does not have any right to;
      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another ’s privacy, hateful, or racially, ethnically objectionable, disparaging;
      3. that is relating to or encourages money laundering or gambling, or is otherwise unlawful in any manner whatsoever;
      4. that harms minors in any way;
      5. that infringes any patent, trademark, copyright or other proprietary rights; violates any Applicable Law for the time being in force;
      6. that communicates any information which is grossly offensive or menacing in nature;
      7. which impersonates another person; contains software viruses or any other device code, files or programmes designed to interrupt, destroy or limit the functionality of the Platform or any other device resource;
      8. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
      9. threatens critical information infrastructure;
      10. that threatens public health or safety; or
      11. that promotes cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) and like products that enable nicotine delivery except for the purpose &in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder.
   3. You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties without the permission of Viboxl Services.
   4. You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform.
   5. You will not attempt to or engage in any activity that may:
      1. reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by Viboxl Services to you in writing or is required by the Applicable Law;
      2. use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;
      3. collect information about Users for any illegal or unlawful purpose;
      4. create any Account by automated means or under false or fraudulent pretences for using the Platform;
      5. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;
      6. use the Platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, device systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other Users ’use and enjoyment of the Platform;
      7. carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform;
      8. disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any User of the Platform;
      9. forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform; or
      10. obtain any materials or information through any means not intentionally made available, in our opinion, through the Platform.
   6. You will not impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent your alliliation with any person or entity, including, but not limited to our officials, employees, agents, partners, affiliates, dealers and franchisees.
   7. If we detect any activity from your User Account that is fraudulent, suspected to be defrauding the Platform, or if you are found colluding or participating in any kind of fraudulent activity on the Platform in any manner, then you shall be debarred from participating in any Contest available on the Platform.
   8. We reserve the right to deactivate or delete your Account and all related information on it or take any other appropriate action, at our sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from your Account on the Platform.
   9. Any deductions or forfeiture of Credits made from your Account shall be made at our sole and absolute discretion and shall not result in any liability on Viboxl Services whatsoever. We may choose to provide a right of appeal to the Users after deleting, closing or forfeiting the balances in their Account. However, such right shall be provided at the sole and absolute discretion of Viboxl Services and the User shall not claim such right or any other recourse from us.
   10. You are responsible for any breach of your obligations under the Agreement and for the consequences of any such breach.

   
   

   
   

   15. ACCOUNT DELETION

   1. For account deletion you need to send emial to support@trdevade.com with subject Account Deletion, and add your TradeVade Account ID.
   2. Once you opt for Account Deletion on the Platform, we will process this request as per the timeline communicated to you at the time of submission of the Account Deletion request. In all cases, we will confirm our acceptance of the Account Deletion request within forty eight (48) hours of making such request, and your Account will be deleted within fifteen (15) days of acceptance of the request.
   3. Users acknowledge that Account Deletion is irreversible. Once deleted, the Account cannot be retrieved for any reason whatsoever.
   4. You are required to ensure that any Rewards in your Credits are withdrawn from your Account prior to opting for Account Deletion. Any Rewards that are not withdrawn from your Account will lapse after your Account Deletion.
   5. The following events shall take place once your Account is deleted:
      1. Subscriptions or additional services, if any, will lapse immediately;
      2. All Credits accumulated in your Account will lapse;
      3. Any Credits at the time of deletion will lapse irrevocably. Viboxl Services shall not be responsible for refund or transfer of any amount after an Account has been deleted.; and
      4. Subject to (c) above, any Credits (including Rewards, TradeVade Credits and Deposit) left in your Account at the time of deletion will lapse after deletion of your account;
   6. Once your Account is successfully deleted, you will not be able to make a new Account on the Platform using the same login details.
   7. Details of transactions carried out in your Account, including KYC verification details and withdrawal beneficiary details, may be retained under Applicable Law.

   
   

   
   

   16. SECURITY

   1. Access to your Account and to add, delete or modify any content on your Account is password/OTP protected.
   2. We are not liable for any loss, damages or expenses of any kind incurred or suffered by you arising from or in connection with any failure, delay or interruption, interception, interference, in transmitting passwords/OTPs due to any failure of the mobile service network or any other circumstance beyond our reasonable control.
   3. You agree that you will not disclose your password/OTP to anyone or allow any other person to access or use your Account. We are not responsible if your Account is accessed or opened by other persons using your password. You shall be held solely responsible and liable for all of your activities on the Platform made from your Account.
   4. You understand that it is your obligation to protect the information you have provided on the Platform including, but not limited to usernames, passwords, email addresses, contact details, bank account information etc. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your Account on the Platform being exposed or misused by any other person or any other harm or loss being suffered by you.
   5. Viboxl Services shall not be liable to a User for any authorised transaction which has been executed through the Platform as a result of:
      1. fraud committed by any User using User ’s access credentials before the User has notified Viboxl Services in writing of the loss or theft or such access credentials, as a result of which Viboxl Services has been unable to take any action to disable the access credentials;
      2. fraud committed by third parties against Users which may not be preventable by, or occur despite the security systems of the Platform; or
      3. a voluntary action or transaction initiated suo motu by any User at the behest of another User, which is not initiated by Viboxl Services for the transfer of funds, credit or stored value to another User.
   6. You should routinely check the Credits of your Account to ensure that there has been no unauthorised use of your Account. If you suspect any unauthorised activity has occurred, you must change your password immediately and contact the Grievance Officer at  support@tradevade.com .
   7. Please also contact us immediately if your mobile or device device through which you access the Platform has been lost, stolen or compromised in any way or someone has used or may use your mobile or device device or credentials without your authorisation or if you become aware of any unauthorised use of your Account.
   8. Please note that we can terminate or suspend your Account and all associated accounts, institute fraud prevention measures such as access restrictions, transaction velocity restrictions etc., without prior notice to prevent unauthorised use of our Platform. You must cooperate with us in any investigation and use any fraud prevention measures we prescribe, and you agree that we will not be liable to you or any third party for any block, suspension, cancellations, or termination of your use of an Account owing to such measures.
   9. You are hereby informed that any and all information associated with any fraudulent transaction may be shared by Viboxl Services (with or without demand) with the Government of India or any agency thereof, for the purpose of verification of the identity of User, or for prevention, detection, investigation, prosecution, and punishment.
   10. Viboxl Services has taken all reasonable measures to secure its services as prescribed under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.

   
   

   
   

   17. RIGHT TO RESTRICT, SUSPEND OR TERMINATE

   1. Viboxl Services may change, suspend or discontinue any aspect of the Platform at any time, including the availability of any Platform ’s feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or the Platform, without notice or liability at any time in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose. However, under normal circumstances, we will only do so where there has been conduct that we believe violates these Terms or other rules and regulations or guidelines posted on the Platform or conduct which we believe is harmful to other Users, to our businesses, or other information providers.
   2. In the event any User breaches, or Viboxl Services believes that such User has breached the Terms, or has illegally or improperly used the Platform or the Courses or TPS, Viboxl Services may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User ’s access to all or any part of the Platform, deactivate or delete the User ’s Account and all related information on the account, delete any content posted by the User on the Platforms and further, take technical and legal steps as it may deem necessary to us.
   3. We may also terminate this Agreement at any time, with or without notice and may disable your access to the Platform or bar you from any future use of the Platform.
   4. Viboxl Services may terminate this Agreement and restrict access of any User, if in any case the User indicates or Viboxl Services comes to know or reasonably believes that –
      1. a particular User is in possession of or access to any information irrespective of its means, relating to any company or its securities, directly or indirectly which is not available in the general course with the public at large and upon being disseminated, such an information may have material effect on the price, price movement or performance of the scrip of that company; or
      2. such a User is or has been associated to any company, directly or indirectly, or is or has been connected to such company in a contractual, fiduciary or employment relationship or is or was a director, officer or an employee of the company or holds or held any position including that relationship in the nature of being a professional or business relationship between the User and the company irrespective of it being temporary or permanent, that allows such User to access or possess, whether directly or indirectly, to any information as defined above or if such a User is reasonably expected to have been allowed such access to such information.
   5. Upon any termination of these Terms, you shall immediately discontinue your use and access to the Platform and destroy all materials obtained from it. You hereby agree and consent to the above and agree and acknowledge that we can, at our sole discretion, exercise our right in relation to any or all of the above, and that we shall not be liable in any manner of the same; and you agree, acknowledge and consent to the same.
   6. You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law and jurisdiction, confidentiality shall survive the efflux of time and the termination of these Terms.

   
   

   
   

   18. MODIFICATION OF TERMS

   1. Viboxl Services shall be entitled to modify any of these Terms and Privacy Policy in relation to any of the TPS or Courses, at any time, by posting the same on the Platform. Use of the Platform constitutes the User ’s acceptance of such Terms in relation to any of the TPS or Courses, as may be amended from time to time. Viboxl Services, at its sole discretion, may also notify the User of any change or modification in these Terms referred to herein or provided by Viboxl Services, by way of sending an e-mail to the User ’s registered e-mail address or posting notifications in the User ’s accounts. The User may then exercise the options provided in such an e-mail or notification to indicate non-acceptance of the modified Terms. If such options are not exercised by the User within the timeframe prescribed in the e-mail or notification, the User will be deemed to have accepted the modified Terms.

   
   

   
   

   19. DISCLAIMERS

   1. You understand and acknowledge that once the TPS or Courses have commenced, not being able to play due to slow internet connections, faulty hardware, technical failure due to the User ’s hardware, internet connection failure, low device configuration or for any other reason not attributable to us does not require us to issue a refund of the participation amount you may have paid for participation.
   2. In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service at our end, as a policy, we will cancel the TPS or Courses and refund the participation amounts after proper verification and you accept that we are not responsible to you in all such cases. We have the right to cancel any of the TPS or Courses and refund the participation amount. In no case, other than a server crash, we are not accountable for any of the User ’s disconnections from the server. We are also not liable for any prospective Rewards from any incomplete TPS or Courses.
   3. We do not hold any liability to any disconnection, lag, freeze or interference in network on the User ’s device or any other external networks.Viboxl Services disclaims any and all warranties, expressed or implied, in connection with the Platform and the TPS or Courses, all of which are provided to the User.
   4. You agree that the access to the Platform and the TPS and Courses is at your own risk. The Platform, the TPS or Courses and any other materials contained on or provided through the Platform are provided “as is ”and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Viboxl Services does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.
   5. No person affiliated or claiming affiliation with the Platform has authority to extend such warranties.
   6. Without limiting the generality of the foregoing, to the maximum extent permitted by Applicable Law, we shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond our reasonable control, including, but not limited to: the acts of third parties, errors in the content or the Platform, network failures, internet failures, software and hardware failures, viruses and other system attacks, labour stoppages, riots, acts of government or god, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized access to, alteration of or use of records.
   7. To the maximum extent permitted by Applicable Law, you hereby agree that you shall have no remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
   8. The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof.
   9. For the avoidance of doubt, nothing in these Terms shall limit or exclude liability for (i) death or personal injury caused by negligence; or (ii) fraud.
   10. You agree and acknowledge that Viboxl Services does not promise or ensure that you will be able to access your Account whenever you want. It is entirely possible that you may not be able to access your Account or the Platform at times or for extended periods of time due to, but not limited to system maintenance and updates.
   11. You will be solely responsible for any damage to your mobile phone or loss of data that results from the installation of any software on your mobile phone and we expressly disclaim liability for any such loss or damage.
   12. You specifically acknowledge, agree and accept that we are not liable to you for: (i) the defamatory, offensive or illegal conduct of any other User or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your Account on our Platform; (iii) any loss incurred in transmitting information from you to our Platform by the Internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications ’lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Platform; or (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the Platform.
   13. We may stop provision of the Platform (or any part thereof), permanently or temporarily, to You or to Users generally or may modify or change the nature of the Platform or these Terms at our sole discretion, without any prior notice to you. Your use of the Platform following any such modification constitutes your deemed acceptance to be bound by the Agreement (or as it may be modified).
   14. You agree that you are responsible for all data charges you incur through use of the Platform.

   
   

   
   

   20. GRIEVANCE OFFICER

   1. In accordance with the Information Technology Act, 2000 and rules made thereunder, we have a Grievance Officer
      Name: Ajay Kumar Yadav
      Address: E-1468 D/Colony, Faridabad, Faridabad, Haryana,
      Faridabad-121001
      Office Hours: 10:00 AM - 5:00PM IST
      Email: support@tradevade.com

   
   

   
   

   21. INDEMNITY

   1. The Users agree to indemnify, defend and hold harmless Viboxl Services, and its shareholders, directors, officers, employees, agents, representatives, vendors and business partners (collectively, “Parties ” ), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from:
      1. any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms;
      2. User ’s use of the Platform;
      3. User ’s violation of the Terms;
      4. User ’s violation of any rights of any other User or person;
      5. User ’s alleged improper conduct according to these Terms;
      6. User ’s breach of any Applicable Law or governmental or judicial order which applies to your use of the Platform from a specific location;
      7. the use by us of information provided by you through our Platform;
      8. any unauthorized, improper, illegal or wrongful use of your Account by any person, including a third party, whether or not authorized or permitted by you;
      9. from any income tax demand raised (including and not limited to tax, interest, penalty, withholding tax or any other amount payable under the Indian Income-tax Act, 1961) arising on account of your misrepresentation and/ or your non-compliance of the terms and conditions mentioned therein. You agree that any income tax demand (including and not limited to tax, interest, penalty, withholding tax or any other amount payable under the Indian Income-tax Act, 1961) which is paid/ payable by us in this regard, will be recovered by us and debited from your Deposit or Rewards or Credits; or
      10. from any GST demand raised (including and not limited to tax, interest, penalty, any other amount payable under GST laws (CGST/SGST/ISGT) arising on account of gameplay between the Users or GST demand on Prize Pool contribution by Users. You agree that any GST demand (including and not limited to tax, interest, penalty, or any other amount payable under the GST Laws) which is paid/ payable by us in this regard, will be recovered by us and debited from your Deposit or Rewards.
   2. The User agrees to fully cooperate in indemnifying Viboxl Services at the User ’s expense. The User also agrees not to settle with any of the Parties without the consent of Viboxl Services.
   3. In no event Viboxl Services shall be liable to compensate the User or any third-party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not Viboxl Services had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User ’s use of or access to the Platform.
   4. This indemnification obligation will survive the expiry or termination of these Terms and your use of the Platform.
   5. There could be instances where Viboxl Services is not able to receive prompt updates about the change in Applicable Law of your place of stay. It is your obligation to ensure that any activities you engage on the Platform are legal as per the Applicable Law. You agree to indemnify and hold harmless, Viboxl Services from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.

   
   

   
   

   22. LIMITATION OF LIABILITY

   1. You clearly understand and agree that Viboxl Services shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary or punitive damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if Viboxl Services has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the Platform, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable.
   2. Our total liability to you for any damages (regardless of the foundation for the action) shall not exceed the last available Credits in your Account.
   3. To the fullest extent permitted by law, Viboxl Services shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

   
   

   
   

   23. FORCE MAJEURE

   1. Viboxl Services shall not be liable for any damages whatsoever arising out of Force Majeure Event (defined below) or other similar circumstances, directly or indirectly to the Users as a result of participating TPS and courses or using the services offered by us on the Platform. A Force Majeure Event means and includes real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network that affects our ability to offer the services on the Platform. Force Majeure Event or any other event beyond our control hindering, delaying or complicating the maintenance of the Platform entitles Viboxl Services to suspend or limit the Platform until further notice without being liable in any manner whatsoever.

   
   

   
   

   24. INTERPRETATION

   1. Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.
   2. Headings and captions are used for convenience only and not for interpretation of the Agreement.
   3. Any reference to a person shall include their heirs, executors and permitted assignees.
   4. If any judicial or quasi-judicial body in India declares any of the provisions of these Terms to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining provisions will not be affected. Any such inappropriate term or condition will be replaced with another term or condition that is valid and enforceable and is in most nearly with effect to the original invalid term. In such event, the parties shall be obligated to construe and interpret the void, illegal or unenforceable provision with a valid, legal and enforceable provision in such manner that corresponds as closely as possible to Viboxl Services ’intent and objective in the void, illegal or unenforceable provisions.

   
   

   
   

   25. GOVERNING LAW AND DISPUTE RESOLUTION

   1. The validity, interpretation and implementation of this Agreement shall be governed by, and construed in accordance with, laws of India without regard to its conflict of law principles.
   2. In case you have any grievances with respect to the Platform or the Services, you can send an e-mail to Grievance Officer. We reserve the right to replace the Grievance Officer at any time without any notice or intimation to you. You can directly escalate any disputes to our management team by contacting the Grievance Officer.
   3. Subject to the clauses below, the courts of competent jurisdiction at Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Platform provided by Viboxl Services (including construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Users), as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below.
   4. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (Notification ) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen days of receipt of Notification, the dispute shall be settled by arbitration.
   5. The seat and venue of arbitration shall be Delhi, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The parties shall mutually appoint a sole arbitrator.
   6. The arbitration award will be final and binding on the parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise.
   7. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts of Delhi. The arbitrator shall give a reasoned award.
   8. Nothing contained in these Terms shall prevent Viboxl Services from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard its interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any courts of competent jurisdiction at Delhi to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Viboxl Services to pursue any remedy for monetary damages through the arbitration described herein.

   
   

   
   

   26. PRIVACY POLICY

   1. All information collected from the Users, is subject to Viboxl Services ’Privacy Policy (“Privacy Policy ” ) which is available at  https://www.TradeVade.in/privacy-policy .