Terms & Conditions

ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE ACCESSING ANY WEBSITE AND/OR APPLICATION OF NEO MARKETS SERVICES PRIVATE LIMITED WHETHER THROUGH THE LINK [●], APPLICATION AND/OR OTHER MEDIA PLATFORM (“WEBSITE”). ACCESSING THE WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. HOWEVER, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE WEBSITE AND ANY CONTENT SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, AUDIO, VIDEO OR PHOTOGRAPHS ETC. (“MATERIALS”) THAT NEO MARKETS SERVICES LIMITED (“NMS”) AND/OR ITS SUBSIDIARIES OR AFFILIATES MAY MAKE AVAILABLE THROUGH THE WEBSITE AND ANY SERVICES THAT NEO MAY PROVIDE THROUGH THE WEBSITE OR OTHERWISE. THE WEBSITE, MATERIALS AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE "NEO MARKETS SERVICES WEBSITES".

1. Acceptance
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. Introduction
Your usage of the Website shall be construed as your consent for receiving calls and messages including marketing and promotional calls, auto-dialed and/or pre-recorded messages, from NMS and/or it’s Group Companies, Associates and Affiliates at any time, on the telephone number / contact information that may be provided by you. You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulatory Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. You hereby agree and undertake to indemnify NMS and it’s Group Companies, Associates and Affiliates against all types of claims, losses and damages incurred by NMS and/or it’s Group Companies, Associates and Affiliates due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you with respect to the intimations mentioned above or due to a wrong number or email-ID being provided by you for any reason whatsoever.

3. About NMS and Availing the Services
Neo Markets Services Limited is a private limited company incorporated under the Companies Act, 2013. NMS may provide certain services to you through the Website which may include without limitation facilitating access to trading systems of exchanges, opening of your account with the stock broker NMS is registered with, executing trades ordered by you on the terminals, offering investment suggestions, facilitating you with buying and/or selling of properties in the capacity of a real estate agent, any other services as may be mutually agreed upon (the “Services”).

4. Use of NMS Websites
NMS authorizes you to use NMS Websites or view and/or download Materials only for your own personal, non-commercial purposes. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. Use of the NMS Websites or Materials for any public purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. You may not modify, reproduce, publicly display, publicly perform, or otherwise distribute the Materials on the Website. As between you and NMS, NMS owns the NMS Websites. The NMS Websites are protected under Indian and international copyright laws. Any unauthorized use of the NMS Websites may violate copyright, trademark, and other national or international laws.

5. Access
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the NMS Websites and for paying all charges related thereto. For the purpose of providing certain features of the Website, the Company may develop and provide mobile applications. When you register to open an account anywhere on the NMS Websites, or when you contact NMS through the NMS Websites for the purpose of receiving products or services, NMS may collect certain personal information about you which may include without limitation personal information such as name, e-mail address, gender, date of birth, mobile number, passwords, photograph, mobile phone information including contact numbers, SMS and browsing history, data and login-in credentials of third party platforms, financial information such as bank documents, salary slips, bank statements, PAN card, bank account no., data from Credit Information Companies, data required for Know Your Customer compliances, requirement and other relevant details . NMS use of such information is governed by the provisions of the Privacy Policy for the Website. You agree to provide true, accurate, current, and complete information and documents (including but not limited to balance sheet, profit and loss statement, company incorporation certificate, address proof of the business, copies of income tax report in triplicate, etc.) and, for as long as you continue to use your NMS Websites account, to update such information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your NMS Website’s password and you are solely responsible for all activities that occur under your password. You agree to notify NMS immediately of any unauthorized use of your password or any other breach of security related to the Neo Websites. NMS reserves the right to require you to change your password if NMS believes that your password no longer is secure. You may request NMS to create additional login ids for multiple authorised users and you agree to be responsible for all such authorised users having access to the NMS Websites.

6. Prohibited uses
You agree not to use the NMS Websites (including, without limitation, any Materials or Services you may obtain through your use of the NMS Websites):
• in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law");
• to stalk, harass, insult or harm another individual;
• to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
• use the Website and/or the Services for committing fraud, embezzlement, money laundering, or for any unlawful and/or illegal purposes;
• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable through the Website;
• upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available on the Website, any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
• to interfere with or disrupt the Neo Websites or servers or networks connected to the Neo Websites.

You further agree not to:
• use any data mining, robots, or similar data gathering or extraction methods in connection with the NMS;
• upload, post, email, transmit or otherwise make available on the Website, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• attempt to gain unauthorized access to any portion of the NMS Websites or any other accounts, computer systems, or networks connected to the NMS Websites, whether through hacking, password mining, or any other means.

7. Modifications to NMS Websites
NMS reserves the right to modify, suspend, or discontinue the NMS Websites at any time without notice to you. For example, NMS may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice or any Services that are not used by the customers. The Materials and Services may be out of date and NMS makes no commitment to update the Materials and Services whatsoever. Information published on the Website may refer to products, programs, or services that may not be available in your country.

8. User submissions
Certain areas of the NMS Websites may permit you to submit feedback, information, data, text, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to NMS an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that NMS deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). NMS reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. NMS may also disclose your name in its clients’ list/credentials for reference purposes. NMS may, but is not obligated to, pre-screen User Submissions or monitor any area of the NMS Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. NMS is not required to host, display, or distribute any User Submissions on or through the NMS Websites and may remove at any time or refuse any User Submissions for any reason. NMS is not responsible for any loss, theft, or damage of any kind to any User Submissions. NMS does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that NMS will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. NMS does not guarantee that you will have any recourse through NMS or any third party to edit or delete any User Submission you have submitted.

By submitting any User Submission, you represent and warrant that:
• you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to NMS the rights in your User Submissions described herein;
• you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
• your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
• any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
• your User Submission does not violate any Law;
• your User Submission is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another's privacy;
• you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
• your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
• your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
• your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

9. Links to third-party websites
Links on the NMS Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the NMS Websites. NMS is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, NMS does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Neo network, you do this entirely at your own risk.

10. Trademarks and Copyrights
NMS logos and any other logos and marks used on the Website (“Logos”) are trademarks that belong to Neo Markets Services Private Limited and its affiliates.

After obtaining prior consent of NMS, You may use the abovementioned trademarks of NMS, in text, to refer fairly and accurately to NMS, its products and its services, subject to the guidelines below:
• The Logos are reserved for use by NMS and those NMS partners and licensees that have a written agreement with NMS that specifically authorizes logo use. No other use of the Logos is permitted.
• You may not use NMS Logos in a manner likely to mislead consumers or your relationship with NMS, as to NMS sponsorship or endorsement of your company, products or services, or as to the origin of your products or services. Any use of NMS trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.

Trademark Use by Authorized NMS Partners and Licensees
• If you have an existing relationship with NMS, please adhere to the specific trademark use guidelines and terms provided in your written agreement.
• If your existing agreement with NMS authorizes you to display the abovementioned trademarks, but does not contain specific trademark use guidelines, please follow the trademark use guidelines on this page.
• If you have any questions you should contact your account representative or other NMS business contact.

NMS General Trademark Guidelines The following general trademark guidelines are intended for use by persons, companies or entities who/that are authorized users of NMS trademarks, including for example NMS partners, licensees, alliances and authorized resellers under contract with NMS.
• Do not use NMS trademarks in a manner likely to mislead or confuse the public as to the origin of any goods or services, or as to sponsorship or endorsement by NMS.
• Do not use NMS trademarks to make false statements about NMS or its products or services.
• Do not incorporate NMS trademarks in your trade names, business names, product names, service names, social media user names, or domain names.
• Do not adopt or imitate NMS’ distinctive product designs, product packaging, trade dress, advertising materials, slogans, taglines or website layouts.
• When referring to NMS in formal documentation (i.e., annual reports, financial reports) the full name Neo Markets Services Private Limited is preferred. In other contexts, NMS is preferred.

NMS expressly reserves all intellectual property rights in all the materials, text, photographs, images, illustrations, designs, icons, programs, video clips, products, processes, technology, content and any other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of NMS or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to NMS. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of NMS. You may not modify, distribute or re-post anything on this Website for any purpose.

11. Procedure for making claims of infringement
NMS respects the intellectual property rights of others. Accordingly, NMS may remove User Submissions that violate copyright law, suspending access to the NMS Websites (or any portion thereof) to any user who uses the NMS Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the NMS Websites in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the NMS Websites, please provide written notice to the following NMS officer for notice of claims of infringement:
Attention: Assistant Vice President, Investor Services, Neo Group
Address: 903, B Wing, Marathon Futurex, NM Joshi Marg, Lower Parel, Mumbai
Phone No: +91 88500 66735
Email: vishaka.poojari@neo-group.in

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow NMS to locate that material; (d) contain adequate information by which NMS can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to NMS designated agent, as they will be deleted upon receipt.

12. Indemnification
You agree to indemnify, defend, and hold harmless each of the NMS Parties (as defined below) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms and Conditions or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions or other rights. You agree that NMS shall not be held liable for any loss, actual or perceived, direct or indirect caused by legal and/or regulatory restrictions, equipment failure, communication line failure, system failure, unauthorized access. You further agree that NMS shall not be held liable for any loss for delay in execution of orders, your acts/omissions or due to reasons whatsoever, including but not limited to action taken on the wrong information posted on the Website, system failure, decline of authorization for any transaction on account of the you having exceeded the pre-set limit mutually agreed by NMS and you with the NMS’s acquiring bank from time to time, due to delays or rejection of your instruction either at the bank, Bombay stock exchange (BSE) star mutual fund, registrar and transfer agency and/or the asset management company and/or due to any technical issues faced by you on the trading platform. NMS reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with NMS defence of such claim. This clause shall survive the expiry or termination of these Terms and Conditions.

13. Electronic communications
When you visit the Website or send e-mails to NMS, you are communicating with NMS electronically. NMS may respond to you by e-mail or by posting notices on the Website. You agree that all such notices, disclosures, and other communications that NMS provides to you electronically satisfy any legal requirement that such communications be in writing.

The Website may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software and other electronic communications. NMS is not responsible for such delays, failures, or other damages that result from such problems.

14. Termination
These Terms and Conditions are effective unless and until terminated by either you or NMS. NMS may terminate, suspend, or modify your registration with, or access to, all or part of the NMS Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the NMS Websites at any time. In case, you wish to stop availing of SMS/E-mail services, you may do so by sending an e-mail to vishaka.poojari@neo-group.in. Upon any termination of these Terms and Conditions by either you or NMS, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise. If you breach any of these Terms and Conditions, your authorization to use the NMS Websites automatically terminates and you must immediately destroy any downloaded or printed Materials and any copies thereof.

15. Disclaimers
THE NMS WEBSITES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE NMS WEBSITES ARE WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT NMS, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. NMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE NMS WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NMS MAKES NO WARRANTY THAT THE NMS WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE NMS WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE NMS WEBSITES WILL BE CORRECTED. NMS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NMS WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE NMS WEBSITES . NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE NMS WEBSITES OR FROM NMS, ITS PARENTS, SUBSIDIARIES, GROUP OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “NMS PARTIES”) SHALL CREATE ANY WARRANTY. NMS DISCLAIMS ALL EQUITABLE INDEMNITIES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE NMS WEBSITES IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NMS SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

NMS SHALL NOT BE LIABLE FOR ANY THIRD PARTY WEBSITES, PRODUCTS, SERVICES AND OTHER CONTENT. THE ADVERTISEMENTS WHICH MAY BE AVAILABLE ON E-MAILS OR NMS WEBSITES WITH RESPECT TO THE THIRD PARTY WEBSITES, PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

NMS SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF NMS’S OBLIGATIONS DUE TO ANY CAUSES THAT ARE NOT DUE TO ITS ACTS OR OMISSIONS AND ARE BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, FIRE, STRIKES, EMBARGO, ACTS OF GOVERNMENT, ACTS OF TERRORISM, CLIMATIC CONDITIONS, LABOUR UNREST, INSOLVENCY, BUSINESS EXIGENCIES, GOVERNMENT DECISIONS, CHANGE OF LAWS, OPERATIONAL AND TECHNICAL ISSUES, ROUTE ISSUES, ACTS OF THIRD PARTIES OR OTHER SIMILAR CAUSES AND PROBLEMS.

INVESTMENT IN THE SECURITIES MARKET ARE SUBJECT TO MARKET RISKS. READ ALL THE RELATED DOCUMENTS CAREFULLY BEFORE INVESTING.

THE CONTENT IN THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO MATERIAL SHOULD BE CONSIDERED AS INVESTMENT ADVICE DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY MANNER WHATSOEVER. NEO MARKETS SERVICES PRIVATE LIMITED ACCEPTS NO LIABILITY WHATSOEVER FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM ANY USE OF ANY INFORMATION IN THIS WEBSITE. THE INFORMATION AND CONTENT IN THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

THIS WEBSITE OR ANY MATERIAL IN IT IS NOT INTENDED FOR US PERSONS (AS DEFINED UNDER REGULATION S UNDER THE SECURITIES ACT OF 1933 OF U.S. OR AS DEFINED BY THE U.S. COMMODITY FUTURES TRADING COMMISSION, AS AMENDED FROM TIME TO TIME) OR TO RESIDENTS OF CANADA. WE HEREBY INFORM THAT PERSONS WHO CHOOSE TO ACCESS THIS WEBSITE OR ANY MATERIAL IN IT FROM LOCATIONS OTHER THAN INDIA, SHALL DO SO AT THEIR OWN RISK AND THEY WOULD BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS AND REGULATIONS OF SUCH LOCATION/TERRITORY. WE ACCEPT NO LIABILITY WHATSOEVER, DIRECT OR INDIRECT, FOR NON-COMPLIANCE WITH THE LAWS OF ANY COUNTRY OTHER THAN INDIA. PERSONS WHO ACCESS THIS MATERIAL ARE HEREBY ADVISED TO VERIFY AND CONFIRM THAT THE APPLICABLE LOCAL LAWS/REGULATIONS OF THEIR COUNTRY OF RESIDENCE DOES NOT PROHIBIT SUCH ACCESS OR DOES NOT IMPOSE ANY REGISTRATION OR OTHER REQUIREMENT ON NEO MARKETS SERVICES PRIVATE LIMITED AS A CONSEQUENCE OF SUCH ACCESS. ALL ARE HEREBY ADVISED TO NOT PERUSE THE CONTENTS OF THIS WEBSITE AND IMMEDIATELY EXIT IN CASE THE LAWS OF THEIR COUNTRY/LOCATION/TERRITORY PROHIBIT THE PERUSAL OF THIS WEBSITE IN ANY MANNER.

16. Limitation of Liability
IN NO EVENT WILL ANY OF NMS PARTIES BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF INDIAN RUPEES 20,000 (INR TWENTY THOUSAND ONLY) (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF GOODS, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH NMS WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF NMS WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY NMS PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

SUBJECT TO APPLICABLE LAW, USE OF NMS WEBSITES IS AT YOUR SOLE RISK. THE SERVICES AND PRODUCTS MADE AVAILABLE ON NMS WEBSITES ARE SUBJECT TO CONDITIONS IMPOSED BY NMS, INCLUDING BUT NOT LIMITED TO TARIFFS, CONDITIONS OF CARRIAGE AND GOVERNMENT REGULATIONS.

17. Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any of NMS Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of such party's liability shall be the minimum permitted under such applicable law.

18. Governing law and jurisdiction
These Terms and Conditions shall be construed in accordance with the applicable laws of India. The Courts at Mumbai, Maharashtra shall have exclusive jurisdiction in any proceedings arising out of the use of Website, these Terms and Conditions.

Any dispute or difference either in interpretation or otherwise, of any terms of these Terms and Conditions between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by NMS and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. Either Party shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. The arbitration shall be held in Mumbai.

19. General
These Terms and Conditions, together with additional terms to which you agree when using particular elements of the NMS Websites, constitute the entire and exclusive and final statement of the agreement between you and NMS with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and NMS with respect to such subject matter. NMS shall neither be liable to the other nor shall be in default if, and to the extent that, the performance or delay in performance of any of its obligations under these Terms and Conditions is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of NMS or any force majeure event. These Terms and Conditions and the relationship between you and NMS shall be governed by the laws of the India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. The failure of NMS to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of NMS and you as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. The Clause titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions shall remain in full force and effect notwithstanding any termination of your use of the NMS Websites. These Terms and Conditions will be interpreted without application of any strict construction in favour of or against you or NMS. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NMS without restriction.

20. Modifications to these Terms and Conditions
NMS may, in its sole and absolute discretion, change these Terms and Conditions from time to time. NMS will post notice of such changes on the Website. If you object to any such changes, your sole recourse shall be to cease using the NMS Websites. Continued use of NMS Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the NMS Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and Conditions and to supersede the provision(s) of these Terms and Conditions that are designated as being superseded.

21. Grievance Officer
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Nitesh Shah
Address: 903, B Wing, 9th Floor, NM Joshi Marg, Marathon Futurex, Lower Parel, Mumbai
Phone No: +91 88500 66735
Email: vishaka.poojari@neo-group.in
You may register your complaints regarding the services or any other issue relating to these Terms and Conditions with the above mentioned Grievance Officer. Every attempt shall be made to offer you suitable and appropriate solutions.
If you have any questions about these Terms and Conditions or any other concerns, you can also email us at vishaka.poojari@neo-group.in