The internet portal “xumitcapital.com” is owned and operated by XUMIT CAPITAL PRIVATE LIMITED (“XCPL”). Throughout the site, the terms “we”, “us” and “our” refer to XUMITCAPITAL. Any and all rights arising out of or in relation to this website, including all information, tools and services availed by you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here belong solely to XCPL.
By visiting our site and/ or subscribing to a service and/or any product from us, you and you alone engage our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or the website or as may be notified to you from time to time. These Terms of Service apply to all users of Xumit Capital, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please note that our site, Service and/or any products that are displayed or accessed by you are purely for informative purposes only and do not constitute any binding opinion or direction on you and you are solely responsible and liable for your conduct and/or actions/omissions taken pursuant to such information shared by us.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you do not have the authority or any right to access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools or services which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this webpage. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. You shall be solely liable to check this page periodically for changes to any terms or conditions of use or any policies thereto. Your continued use of or access to the website following the posting of any changes constitutes acceptance of any changes/amendments made to the said terms and conditions and/or policies or any notifications qua the same.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least 18 years of age or more, and you have given us your consent to allow any of your minor dependents to use this site.
You shall not make use of directly or indirectly the services and/or products displayed on this website or page in violation of any applicable laws in the Republic of India (including but not limited to copyright laws).
The services and/or product or information of any kind on the Website or in relation thereto shall be used by you alone and you represent and warrant that you shall not enter into any transactions with any third parties by which they are made privy to the services or products or information of any kind on the website or in relation thereto whether for pecuniary gains or otherwise.
You shall not transmit any worms or viruses or any code which causes directly or indirectly the running of this website to suffer in any manner.
A breach or violation of any of the Terms will result in an immediate termination of your Services and we shall be constrained to pursue legal action (civil or criminal) against you.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. Any contravention of this provision shall entitle us to sue for intellectual property infringement along with any other legal action as the case may be.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is solely at your own risk and you agree to not hold us liable for any action that you undertake with regard to your finances.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the Service and Prices
Prices for our services are subject to change without notice to you.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice to you at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service in any manner.
Section 5 - Products or Services
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Refund and Cancellation Policy
All sales are final. We do not offer any refunds or cancellations.
Section 7 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. In the event you have failed to meet your obligation as per this provision, you agree to not hold us liable for failing to get in touch with you for any information in relation to your services.
Section 8 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. You by agreeing to use our Services also agree that we shall have no liability whatsoever arising from or relating to your use of optional third-party tools and that such usage by you is solely at your risk and liability.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and it is your liability alone to ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 9 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties. The usage or reliance on any such content, products and services from third parties is entirely at your discretion and risk and we shall not be liable for the same directly or indirectly in any manner.
Third-party links on this site may direct you to third-party websites that are not affiliated with us and we have no privity to their operations or content in any manner. We are not responsible and/or liable for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. There is no privity of contract on our part in such third-party based dealings by you. You shall be solely liable for reviewing the third-party’s policies and practices and making sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and you agree to not address the same to us or hold us liable in any manner.
Section 10 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy and these terms and conditions of Service. We also expect you to comply with the terms of the Code of Conduct.
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content in violation of the laws applicable in the Republic of India including without limitation: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral or illegal purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) to use our service to sell or market non Xumit Capital product/services to other Xumit Capital users or members; or (m) to copy content from any Xumit Capital property and share it on other blogs, forums, groups, sites etc. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses or without any reason whatsoever.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant in any manner that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate, profitable or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service provided by us through products or otherwise on this website is purely for informative purposes only and it shall solely be your discretion to act in accordance with it or not. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Xumit Capital Private Limited that operates the internet portal “xumitcapital.com”, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable to you or any third party for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless Xumit Capital Private Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising due to your violation of any applicable laws of the Republic of India and/or made by any third-party due to or arising directly or indirectly out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any applicable laws or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
You agree that your access of this Website and to any services and products offered by us is solely at our discretion and we may discontinue your enjoyment of these services at any point without any notice. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Ahmedabad, Gujarat.
Section 18 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is solely your responsibility and obligation to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 19 - Contact Information
Any queries or Questions about the Terms of Service should be sent to us at sumit.singh@xumitcapital.com
Contact Us
XUMIT CAPITAL PVT. LTD.
Delhi NCR, Mumbai, Ahmedabad
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2023 Xumit Capital Private Limited. All Rights Reserved.
Sumit Singh is a SEBI Registered Investment Advisor (INA100010004) and Research Analyst (INH100005996)