Term & Conditions

• Effective Date:

  July 1, 2024

• Website Covered:

  www.thecapitalwiz.com

• THE AGREEMENT: The use of this website and services on this website provided by Suvasis Debata (hereinafter referred to as "Owner") are subject to the following Terms & Conditions (hereinafter the "Terms of Service"), all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy.

  By accessing either directly or through a hyperlink, the Website, and purchasing something from us, you engage in our "Service" and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/or contributors of content.

1. Definitions

• The parties referred to in these Terms of Service shall be defined as follows:
• a) Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Suvasis Debata, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.
• b) You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client.
• c) Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.

2. Assent & Acceptance

• By using the Website www.thecapitalwiz.com, You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to You if You assent to these Terms of Service.

3. Age Restriction

• You must be at least 18 (eighteen) years of age to use this Website, or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to these Terms of Service. The Owner assumes no responsibility or liability for any misrepresentation of Your age.

4. About the Site

• The Website is an online store that carries out sales of the following: Financial Services mainly Stock Market Research and Recommendations on Securities. We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
• The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website.

5. License to Use Website

• The Owner may provide You with certain information as a result of Your use of the Website or Services. Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable, and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services.
• You agree not to collect the contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
• Any unauthorized use by you shall terminate the permission or license granted to you by the Website and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website.

6. Intellectual Property

• You agree that the Website and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Owner IP"). You agree that the Owner owns all rights, title, and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose.

7. User Obligations

• As a user of the Website or Services, You may be asked to register with Us. You are responsible for ensuring the accuracy of your registration information. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing.

8. Payment & Fees

• Should You register for any of the paid Services on this website or purchase any product or service on this website, You agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts ("Fees") will be described to You during Your account registration and/or confirmation process.
• Payment for any on-going Services is billed automatically until You notify Us that You would like to terminate Your access to the Services.

9. Acceptable Use

• You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You further agree not to use the Website or Services:
• 1. To harass, abuse, or threaten others or otherwise violate any person's legal rights.
• 2. To violate any intellectual property rights of the Owner or any third party.
• 3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
• 4. To perpetrate any fraud.
• 5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
• 6. To publish or distribute any obscene or defamatory material.
• 7. To publish or distribute any material that incites violence, hate or discrimination towards any group.
• 8. To unlawfully gather information about others.

10. Communication

• You understand that each time you use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the Website.

11. Affiliate Marketing & Advertising

• The Owner, through the Website and Services, may engage in affiliate marketing whereby the Owner receives a commission on or percentage of the sale of goods or services on or through the Website. The Owner may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.

12. Privacy Information

• Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Owner to use Your information in India and any other country where We may operate.
• a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information.
• b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication.
• c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. If You choose to terminate Your account, the Owner may store some information about You for future reference for 90 days. After that time, it will be deleted.

13. Assumption of Risk

• The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Owner. You further agree that Your purchase of any of the products on the Website is at Your own risk.

14. Sale of Goods / Services

• The Owner may sell goods or services or allow third parties to sell goods or services on the Website. The Owner undertakes to be as accurate as possible with all information regarding the goods and services.
• We will make reimbursements for returns without undue delay, and not later than:
• 1. 30 days after the day we received back from you any goods supplied; or
• 2. 30 days after the day you provide evidence that you have returned the goods; or
• 3. If there were no goods supplied, 30 days after the day on which we are informed about your decision to cancel this contract.
• 4. Please note that services sold are non-refundable.
• We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will incur fees (which are nonrefundable in nature like payment gateway charges) as a result of the reimbursement.

15. Reverse Engineering & Security

• You agree not to undertake any of the following actions:
• a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services.
• b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

16. Data Loss

• The Owner does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

17. Indemnification

• You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms of Service, or Your conduct or actions.

18. Spam Policy

• You are strictly prohibited from using the Website or any of the Owner's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

19. Third-Party Links & Content

• The Owner may occasionally post links to third-party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to or from Our Website.

20. Modification & Variation

• The Owner may, from time to time and at any time without notice to You, modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein.
• a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
• b) You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations.
• c) In the event that You fail to monitor any modifications to or variations of these Terms of Service, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

21. Entire Agreement

• This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

22. Service Interruptions

• The Owner may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.

23. Term, Termination & Suspension

• The Owner may terminate these Terms of Service with You at any time for any reason, with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein.
• If You have registered for an account with Us, You may also terminate these Terms of Service at any time by contacting Us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of Your account.

24. No Warranties

• You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Owner hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
• The Owner makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure.
• There may be instances when incorrect information is published inadvertently on our Website or in the Service such as typographical errors, inaccuracies or omissions. Any errors, inaccuracies, or omissions may be corrected at our discretion at any time without prior notice.

25. Limitation on Liability

• The Owner is not liable for any damage that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Owner arising from or relating to these Terms of Service is limited to the lesser of Rs. 1000 (Rupees One Thousand only) or the amount You paid to the Owner in the last six (6) months.
• This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

26. General Provisions

• a) LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
• b) JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the Website or Services, You agree that the laws of India shall govern any matter or dispute. The Parties agree to submit to the exclusive jurisdiction of the courts at Patna, Bihar, India.
• c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You.
• d) SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible.
• e) NO WAIVER: In the event that We fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision.
• f) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience and organization only. Headings shall not affect the meaning of any provisions of these Terms of Service.
• g) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service.
• h) FORCE MAJEURE: The Owner is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, or natural disasters.
• i) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms of Service, including e-mail or fax. For any questions or concerns, please email Us at: suvasisdebata5@gmail.com

27. Refund Policy

• All sales are final, and we don't offer refunds for the paid period of services already availed by the client. Complaints or dissatisfaction regarding the quality of services during the paid period shall not entitle the client to any refund or compensation.
• As per SEBI guidelines, if a client requests to cancel the subscription, a refund shall only be issued for the unused portion of the subscription period, which will be automatically credited to the original payment method within 7 days.
• The refund will be calculated on a pro-rata basis, deducting the charges for the services already availed, including applicable taxes and administrative fees.
• Refunds will not be provided for the period of services already availed, irrespective of the client's satisfaction with the recommendations or the outcome of trades.