Terms and Conditions

Last Updated: June 28, 2022

This page contains the terms and conditions (  “Terms and Conditions” ) that apply to any user or individual (  “User”/ “You” / “Your” ) who has access / browses / uses the Microsite ( defined below ) / Registration ( defined below ) / Services ( defined below ) of Amplywealth Solutions Private Limited (  “Amplywealth”/ “Company”/ “We”/ “Our”/ “Us” ).

Please read the Terms and Conditions and Privacy Policy (https://kachow.club/privacy-policy) carefully before registering on the website ( https://kachow.club/ )   “Microsite” ) which is owned, operated and maintained by the Company, or before accessing any material or information through the Microsite. By registering on the Microsite (“ Registration”) you consent to receiving invitation to access to the Company’s website, web-based application and /or mobile application in the name and style of “ Kachow” (collectively referred to as the “ Company App”) as and when released subject to Company’s sole discretion. Please note that the Company App, as and when released, is not intended to provide tax, legal or financial advice and You should not construe or expect by any means that the said Company App shall act as a platform for its users and/or You for providing an offer to sell, a solicitation of an offer to buy, or a recommendation for any security, neither should you expect nor shall the Company or its   Company App provide any advice, either as a tax advisor, broker, financial advisor or research analyst or registered investment advisers or registered research analysts, to trade in securities  

By accessing / browsing / using the Microsite and/or Registering Yourself for the Company App, You accept and agree to be bound and abide by these Terms and Conditions, and Our Privacy Policy, each of which is available on Our Microsite for Your reference. If You do not want to agree to these Terms and Conditions or the Privacy Policy, You must not access / browse / use the Microsite, or carry out Registration.

Company App, as and when released, shall only be a platform which educates its users about the nuances involving the financial markets, allows its users to exchange and discuss information in relation to securities and securities market, and the Company and its management do not and shall not provide any investment advice on the Company App or the Microsite. Company and its management are not registered or qualified as tax advisor, broker, financial advisor or research analyst or registered investment advisers or registered research analysts. The views related to investments expressed by users shall be their own, and not that of the Company App or its employees / management. Please note that the Company App shall be governed by its own set of terms and conditions (“ App’s T&Cs”) and privacy policy (“ App’s Privacy Policy”) and any Registration by any User on this Microsite shall not amount to automatic acceptance of such App’s T&Cs and/ or the App’s Privacy Policy as such App’s T&Cs and / or the App’s Privacy Policy shall have to be accepted by Users upon access to the Company App.  

The Company retains an unconditional right and in its sole discretion may modify or amend these Terms and Conditions, in full or in part. Any such amendments shall be effective immediately. You can check when the Terms and Conditions were last modified or amended by referring to the “Last Updated” legend at the top left corner of this page. It shall be Your sole responsibility to check this Terms and Conditions periodically for any modification or amendments. Your acceptance of the amended Terms and Conditions by continued use of Our Microsite / Services shall signify Your consent to such modification or amendments and to be legally bound by the same.

The following terms, including the terms of the Privacy Policy pertaining to this Microsite, record the understanding and arrangement in relation to the Services being offered by Us and availed by You.

Your access and usage of the Microsite / Services / Registration will be subject to Your compliance with all the terms and conditions set forth herein:

1. Microsite Services

The Company will provide You access to its Microsite for joining the waitlist for downloading and getting access to the Company App ( “Services”) which shall be released at a date and time decided by the Company at its sole discretion. Additionally, the “Services” shall inter-alia also include promotion and marketing of Kachow through leagues, contests, games, competitions etc. on the Microsite wherein some selected User(s) shall stand a chance to win rewards, in the form of voucher code (" Voucher Code” - which can be redeemed on https://kachowclub.woohoo.in/catalog?id=0 ) or any other form or manner which the Company may decide. It is clarified that, the discretion to select User(s) for rewarding, either through Voucher Code or otherwise, shall be at Company’s sole discretion. For additional terms and conditions in respect of redemption of Voucher Codes please refer to our terms and conditions stipulated on https://kachowclub.woohoo.in/terms  

2. Compliance with Law

You agree to provide true and correct information to Us in a timely manner. You provide Your consent to carry out verifications and validations of information and instructions provided by You on Our Microsite, however, You understand that we shall be under no obligation to carry out such verifications or validations. By accessing our Microsite, You also confirm that You are a resident Indian that you are eligible under the Indian Contract Act, 1872 to enter into legally binding contracts, and have read, understood, and agreed to be bound by all of these terms and conditions. You shall only access the Microsite / Services / Registration for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your access and/or use of the Microsite / Services / Registration. You represent and warrant that You are competent and eligible to enter into a legally binding agreement and be bound by these Terms and Conditions. Further, You understand and accept that the Company shall carry out all activities that are required to fulfil its legal obligations under applicable laws for the provision of Services.

3. Registration on the Microsite for the Services

a. In order to receive an Invitation (defined below) to access the Company App You must complete Your Registration on the Microsite.

b. Registration happens when You provide Your email address/ phone number on the said Microsite.

c. If We are of the opinion that you qualify for availing Our Services, We shall process your Registration and send You the link containing the invitation on your registered mobile number and/or email id to access our Services (“ Invitation”).

d. The provision of the Invitation to the Users is at the sole and absolute discretion of the Company and the Company can decide the eligibility/ qualifications in this respect as it deems fit in its sole discretion.

e. The Invitation will be non-transferable, and only the Users who have received the Invitation shall be permitted to use Our Services. The Company shall not be liable for any loss or damage caused by any unauthorized use of the Invitation, or use of the Invitation by any other individual other than the User for whom the Invitation was intended, or in violation of any provisions of this Terms and Conditions.

4. Eligibility for Registration

a. Subject to the provisions of Terms and Conditions, only residents of India, who have received an Invitation from Us and are individual / natural persons who can enter into legally binding contract under the Indian Contract Act, 1872 shall be eligible to use Our Services.

b. The Company shall use/rely on the information furnished by You, to verify Your eligibility, and assume such information to be true and accurate without any verification from the Company’s side.

c. The Company shall bear no responsibility in case the information provided by You is incorrect/dishonest/fraudulent or a misrepresentation.

5. Provision of Services

You acknowledge and agree that, for the provision of Our Services:

a. You understand, acknowledge and are fully aware of and understand the risks associated with online trading in securities through the web/ internet including the risk of misuse and unauthorised use of your login credentials by a third party and the risk of a person hacking into Your account on the Company App and unauthorisedly routing orders on Your behalf.

b. You shall request the Company, through email address under this Terms and Conditions- support@kachow.club to report any unauthorised Registration on the Microsite or illegal use of the Microsite including any suspected fraud or illegal activities.

c. Any material downloaded or otherwise obtained through the Microsite is done at Your own discretion and risk and You are solely responsible for any damage to Your device or loss of data that results from the download of any such material. Any sort of graphical representations, recommendations, feedback and reviews, provided on the Microsite, are in no way a guarantee for the performance of the securities and other financial products, neither the same is to be construed as any investment advice.

d. Other than as expressly set out herein, neither the Company nor any of its service partners, as the case may be, make any specific promises about the Services provided. The Services are provided “as is” or on a “as available” basis.

e. You will seek independent financial planning, legal, accounting, tax or other professional advice before Registration/ using our Services on the Microsite.

f. The discretion to reward any User, in respect of accessing the Microsite or otherwise, shall be solely on the Company. For additional terms and conditions in respect of redemption of such rewards etc. please refer to our terms and conditions stipulated on https://kachowclub.woohoo.in/terms  

6. Access to Your accounts on third-party sites

You understand and acknowledge that upon using the Microsite, You authorize Us to access Your accounts on third-party sites to retrieve Your information for providing You Services under the Terms and Conditions. For all intents and purposes hereof, You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by You.

7. Customer Care

If You have any complaints or queries regarding Your Registration on the Microsite, or You need to communicate any information to the Company required under these Terms and Conditions or have any other query regarding the Company and/or its Services, you may write to us on:

Email – support@kachow.club

8. Customer Communications

a. Accepting these Terms and Conditions, implies Your express consent to be contacted by Us, Our agents, representatives, Our directors, associates, group companies, employees and representatives (  “Affiliates” ), or anyone calling on Our behalf at any contact number, or physical or electronic address provided by You during Registration. You further agree to Us contacting you in any manner, including without limitation, SMS and WhatsApp messages (including text messages), emails, calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Microsite. Automated messages may be played when the telephone is answered, whether by You or someone else. In the event that an agent or representative calls, he or she may also leave a message on Your answering machine, voice mail, or send one via SMS.

b. You express consent in being contacted by Us through WhatsApp messages, broadcasts, and notifications, calls including but not limited to forwarded WhatsApp messages, automated messages, and voice notes by Us or our Affiliates, agents, service-providers, representatives. All communication through WhatsApp from Us would adhere to WhatsApp’s Privacy Policy and Terms of Service/ Terms and Conditions.

c. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided to us are Your own and not someone else's and are true, accurate, current and complete. You represent that you are permitted to receive calls and messages at the telephone number that You have provided to Us, and emails at the email address that You have provided Us. You agree to notify us whenever you stop using a particular telephone number and/ or WhatsApp number and/or email address.

9. Links to Third Party platforms  

Company may link You to other third-party platforms that may collect Your Personal Information and aid the Company in providing Services. Company uses third-party vendors/service providers/agents for functions such as but not limited to concluding know-your customer obligations, rewarding Users, onboarding customers, customer analytics, payment gateways, digital signatures. You acknowledge and understand that by accessing the Microsite and clicking on the links You have provided your consent to use the third-party platforms and that the Company does not control the third-party platforms. These third-party service providers may have their own terms and conditions governing the usage of their platform which You may be subject to. These Terms and Conditions do not in any way govern any interaction with or usage of the platforms of these third-party providers. You are advised to review the Terms and Conditions of these third-party service providers.

10. Intellectual property

Unless otherwise stated, the intellectual property rights in all software underlying the Microsite,   the Company App and the Services, and material published on the Microsite, including (but not limited to) leagues, contests, games, competitions, software, written content, photographs, graphics, images (except for certain images), illustrations, marks, logos, audio or video clippings and flash animation, visual content are owned by the Company and/or its licensors, as applicable. All intellectual property rights are reserved. You may access this from the Company for your own personal use subjected to restrictions set in these Terms and Conditions. You hereby grant Company and its Affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, edit and authorize others to use, reproduce, edit, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish any of the content You may make available on the Company App or the Microsite (if applicable) in any and all forms, formats or media and for any of the following purposes:

  • displaying such content on the Microsite and/or the Company App;
  • distributing such content, either electronically or via other media, to other users seeking to download or otherwise acquire it; and/or
  • storage of such content in any form, medium, or technology.

All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Microsite belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Company.

11. Indemnity

a. You agree to indemnify, defend, and hold the Company and its Affiliates harmless from and against any and all losses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of: (i). breach of any of the provisions of these Terms and Conditions and/or Privacy Policy; or (ii) fraud or dishonesty relating to You; or (iii). misrepresentation/fraud/negligence with respect to data and information provided by You.

b. The Company may in its own discretion participate in any defence by You of a third-party claim related to Your access / use of the Microsite / Services / Registration, with counsel of the Company choice at its expense.

c. The terms stipulated under this clause of Terms and Conditions will survive any termination or cancellation or modification of Terms and Conditions or Your access / use of the Microsite / Services.

d. You must receive the Company’s prior written consent regarding any related settlement in any claim against the Company or its Affiliates.  

12. Limitation of Liabilities

a. In no event will the Company or its Affiliates be liable for any action performed or omitted to be performed or for any errors of judgment in relation to Your usage of the Microsite and/or the Registration.

b. You agree that You will not hold the Company or its Affiliates responsible for any loss, notional or otherwise, incurred because of (i) your Registration or otherwise use/ access of the Microsite; or (ii) non-receipt/ late receipt of the Invitation post registration; (iii) non-availability or non-accessibility of the Microsite, and/or the Registration; (iv) any inaccuracy or typographical error on the Microsite; (v) reduction in the value of Your investments; (vi) any trading losses, cost of damage incurred by the User caused due to relying on any information whatsoever on the Microsite, literature, brochure or promotional material issued by the Company or any other agency appointed/authorised by the Company; and (vii) rewards and Voucher Code (including its redemption) awarded to You or any User.

13. Governing Laws and Jurisdiction

The Terms and Conditions shall be governed and construed in accordance with the laws of India without any reference to conflict of laws principles. All disputes arising in relation to these Terms and Conditions or otherwise shall be subject to the exclusive jurisdiction of courts at Mumbai.

14. Severability

If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the Terms and Conditions will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

15. Waiver

Any failure on the part of the Company to require performance of any provision of these Terms and Conditions shall not affect its right to full performance thereof at any time thereafter, and any waiver by the Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

16. Term and Termination

a. If and when you are desirous of having Your Registration terminated, You are requested to send a deletion request to the Company on support@kachow.club .

b. In case of termination of Your Registration in accordance with the Terms and Conditions; the Company will continue to securely maintain a record of Your Personal Data ( defined under Privacy Policy) and Your financial transactions (if any) to fulfil regulatory obligations.  

c. The Company, at its sole discretion, may terminate your Registration, without any notice to You, for non-compliance with these Terms and Conditions or any applicable laws or for any reason whatsoever.

17. Miscellaneous

a. All notices from the Company will be served by email to Your registered email address or by general notification on the Microsite. Any notice provided to the Company pursuant to the Terms and Conditions, complaints/ grievance redressal/ any other query about the Microsite or Kachow should be sent to  support@kachow.club  

b. Neither You or the Company may assign or otherwise transfer the rights under this Agreement without written consent of the other.

c. In the event, the Company, suspects, is of the opinion, or informed about any fraudulent transaction/ violation of policies, the Company will have the exclusive right to take all necessary actions.

d. If a registrant indicates that he/she is using or accessing Kachow! from Assam, Odisha, Sikkim, Nagaland, Meghalaya, Telangana, Arunachal Pradesh, Andhra Pradesh, Tamil Nadu or Karnataka, such registrant will not be allowed to participate in the Event.

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