This Document sets forth the terms and conditions that apply to the access and use of the Website smest.in (collectively be referred to as Platform), which is managed and operated by SMEST Capital Private Limited, a company within the meaning of the Companies Act, 2013 (CIN: U65100MH2018PTC311416) having Registered Office at 5, Prabhat Kunj, 24th Road, Khar West, Mumbai 400 052, Maharashtra, India, (hereinafter collectively be referred to as "the Company").This document is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of Platform.
The following capitalized terms shall have the following meanings:
In consideration of your use of the Platform, you represent that you are of legal age to enter binding contract and not debarred from entering capital/ securities market transactions under the Applicable Laws. You agree that, to use the Services, you may be compelled to complete the registration process on the Platform by providing personal and financial information/documents. If any portion of the Platform requires you to register and provides you with log-in credentials for future use, you are responsible for maintaining the confidentiality of the log in credentials. You agree to immediately notify Platform of any unauthorized use of your account or any breach of security and change your password(s) immediately. Notwithstanding anything provided above, the Platform may rely on the authority of any person accessing your account, using your registrations/ log-in credentials and in no event and under no circumstances shall Platform be held liable for breach of confidentiality of your registration details or log-in credentials.In addition to the above, you also agree to provide true, accurate, current, and complete information about yourself as prompted on the Platform, as and when required. In an event of the User providing untrue, inaccurate, outdated, or incomplete (or becomes untrue, inaccurate, not current, or incomplete) information, we reserve the right to suspend or terminate your account and refuse any and/or all ongoing or future use of the Platform (or any portion thereof). We strongly recommend that you must exit from your account at the end of each session.
User may note that certain data/documents and information as published/ made available on the Platform are sourced from various third parties, viz. Vendor(s) / service providers/ facilitating agent(s) etc. (“Information Provider”).Information Provider disclaims all liability that may arise on account of use of the information/ documents so contributed/ shared by them on this Platform, directly and/or indirectly. Although due care has been exercised to verify the accuracy of the information available on this Portal, the Company assumes no responsibility for accuracy, completeness, or correctness of the dataThe Platform does not influence or solicit in any manner either the buyers for specific sellers or any security, financial instrument, or bonds or vice versa. The Company does not represent or endorse the accuracy or reliability of any of the advertisements (collectively), i.e., links, downloads, distributions, or other information accessed directly or indirectly from host advertisements contained on this Platform nor the quality of any products, information or other materials displayed, purchased, or obtained by any person, as a result of an advertisement or any other information or offer in connection with the service or products. The Company shall not be responsible for any errors or omissions contained in any advertisement published on this Platform.
You acknowledge that Company owns all legal right, title and interest including any intellectual property rights of the Platform (whether those rights are registered or not) including its "look and feel" (e.g., text, graphics, images, logos, and button icons). The User has limited right to view and avail the Services of the Platform. Any unauthorized use by the User shall terminate the permission granted to view/ use the Platform and may make you (User) liable for damages/ losses.Visitors or Users may view, print copies, and download the information for personal, non-commercial, or educational purpose without in any way amending, altering, deleting, or modifying any part of the information, and with due acknowledgement that the information originated from this Platform. Information may be used for commercial purpose after obtaining prior permission of the Company. Users must inform third party (with whom document/ information is shared) that material shall not be copied or reproduced in any way.The trademarks, logos, brand-names, service marks (“marks”) not owned by or on behalf of the Company and that are displayed on this Platform are the registered and unregistered marks of their respective owners. No rights are granted by Platform to use such marks, whether by implication, estoppel, or otherwise.
Any information or data available on the Platform may contain inaccuracies and/or typographical errors. The Company does not warrant that the Platform or functions thereof will be uninterrupted or free of any error or defect or that information on the Platform will satisfy any intended purpose or requirement of the User.The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities. Further, the Company shall not be held responsible for non-availability of the Platform at any point in time for any reason whatsoever.The development of the Platform with respect to the nature of the information or data available on the Platform is a continuous and on-going process. The Company disclaims all liability and/or responsibility for loss of any information or data, or any consequence, intended or unintended, due to the operation of the Platform. Information or data available on the Platform may not be current or up to date for any purpose.We do not warrant that the functions contained, information and materials on the Platform, including, without limitation, any third-party sites or services linked to the Platform will be uninterrupted, timely, or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information, and materials available are free of viruses or other harmful components.User acknowledges that the Company is not a qualified investment advisor and you should not construe any information provided on the Platform to constitute investment advice. You agree and understand that the Company is not and shall never be construed as a financial planner, financial intermediary, investment advisor, broker or tax advisor in any manner or form. The Company provides referral services for financial products, these products do not pertain to the Company. The information, calculations, assessments, reference to bond(s)/ fixed income security/ financial product(s) and estimation(s) reflected as a result of one or more search options as appearing on this Platform are result of automated process or results obtained through selection of one or more search options and are not in any-way construed as requests to engage in investment operations.
The Company may from time to time make available to its Users, several Services which are in the beta. The Company will clearly highlight beta features in its Services to clearly differentiate them from the rest of the features. If you wish to use such beta Services, this Clause will govern the use of such beta Services.The Company grants Customer a non-exclusive, non-transferable right to use the beta Services for a period designated by the Company for the purpose of testing and evaluation of such beta Service by providing the Company with early feedback on the performance of beta Service, identification of any defects, reporting of any bugs, usability of beta Service, and ideas for improvement of beta Services.It is hereby clarified that the beta Services may contain bugs, errors, omissions, and other problems; and the Company will not provide any support and maintenance for its beta Services. The User hereby understands and accepts that any risk or damages arising out of the use or performance of beta Services will be User’s responsibility.The beta Services may not operate correctly and may be substantially modified prior to first commercial availability or may be withdrawn at any time. Although the Company will make best possible efforts to intimate users of beta Services about any modification or termination of the beta Services ahead of time, the Company reserves the right to modify or terminate the beta Services and your access to the beta Services for any reason, without notice, at any time, and without any liability to you. Once the beta Services are terminated, the Company will not be obliged to provide continued access to data collected during the testing period.
The Terms of Use shall supersede all previous oral and written terms and conditions (if any) communicated to you by the Company and/or its representative(s). These Terms & Conditions and the Privacy Policy govern access to any part of the Platform. Your access to and/or use of this Platform shall be deemed to be an unconditional acceptance of the Terms and the Privacy Policy.The Terms & Conditions may be revised and/or amended at any time, without any intimation/notice to the Users. Your use (continued use) of the Platform signifies your acceptance of the Terms in force at the time of its utilization.Subject to the terms of Privacy Policy, any voluntary submissions of the information, documents, communication, or contents by the User on the Platform shall be treated as non-confidential material for all purposes. You agree that any such submissions, if made by the User shall become the property of Company and that all rights, title, and interest therein, including all rights of copyright, shall vest with the Company, as and when they are submitted and/or posted.
You are prohibited from posting or transmitting to or from this Platform:
News and Blogs Section of this Platform may contain articles, analysis, research report and reviews etc. (“Document”) that have been sourced from the various Vendors/ Authors empaneled with the Company. The sources of all such Document have been named and clearly indicated at appropriate places. Except for publishing rights that have been expressly granted to the Company by the respective Vendors/ Authors, the Company does not claim any other rights in such Documents, including copyrights and other intellectual property rights. Such articles have been published on the Platform for information purposes only and the Company disclaims all liability in connection therewith.
You agree that, prior to using any Transaction Services made available on this Platform, you have read and understood the terms and contents of the offer documents, terms of issue, scheme information documents, statements of additional information, if any, including schemes of the third-party service provider relating to the financial product where you intend to invest. You shall ensure that all investment and disinvestment decisions are based on your own evaluation of financial circumstances and investment objectives. This extends to any decisions made by you based on any information that may be made available on this Platform. You understand that the Company may tie-up with payment gateway(s) (Merchant Services- Payment Facilitation) to allow you to make online payments/ discharge settlement obligation and is only acting as a facilitator. However, the Company shall not be held responsible in any manner whatsoever for use of such facility by User.You shall not hold nor seek to hold the Platform, the Vendor(s), third party service provider(s), facilitating agency(ies) or any of their officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates liable for any losses, damages, liability, costs, expenses incurred by you, as a result of relying upon investment information, research opinions or advice or any other material/information whatsoever on the Platform, literature, brochure available on the Platform. The User may seek independent professional advice regarding the suitability of any investment decisions. You acknowledge that the information provided through the Platform in the form of research material solely for the purpose of knowledge creation of the User and any such information may not be considered as an advice.You acknowledge that this Platform acts as a referral party only. The financial transaction will be initiated and consummated between the User (you) with the Vendor(s)/ issuers of the securities. All financial transactions initiated on this Platform shall be concluded/ settled as per the applicable regulatory framework between you and the Vendor. The Platform shall not be liable/ responsible in any manner whatsoever for the settlement / execution/ conclusion or consummation of transactions.As an Investor, you agree to comply with the relevant Know Your Client norms (“KYC”) or other information disclosure/ registration norms as may be laid down by Securities Exchange Board of India or any other governmental/ statutory/ regulatory authorities from time to time.The issuer/ Vendor/ counter party has the right to reject a transaction in case of a failure to comply with KYC and other applicable investment norms/ instructions, internal parameters set for the same. The onus of adhering to the KYC norms is on the User.
You may indicate your intention to buy and/or sell/ deal in the financial product using this Platform and the same shall be forwarded by/ through the Platform to the Vendor(s)/Counter Party empaneled on the Platform together with the registration/ contact details. The Vendor(s)/ the Company shall contact you (User) to understand the exact requirements and initiate the transactions viz. buying and selling of financial product at agreed value and at agreed terms as may be decided between User and Vendor directly without the intervention of the Platform.The Vendor may ask for additional documents, declarations, confirmations to confirm/ complete the transactions/ deal.The transaction(s) may also get rejected/ may not be consummated due to non- fulfilment of pay-in (funds and securities) obligation by Parties to the deal. The Platform shall not be responsible for settlement/ reporting obligations at any point in time.You understand that there is no implied guarantee/ warrantee that any transaction in which any interest is shown by the User shall mandatorily materialize. We and/ or the Vendor shall not be responsible in case of decline/ rejection/non- happening of the deal for which interest is indicated through Platform for any reasons. The User understands that there could be delay in transmitting any request/ inclination/ interest to the Vendor/ Counter Party, due to technical and/or non-technical reasons. The User shall not hold the Company responsible for any losses suffered on account of such delay(s).The Platform reserves the right, at its sole discretion to reject/ to put on hold the interest/ inclination shown by the User (Lead) using this Platform due to technical glitches, incomplete/inchoate registration documents, suspicious activities from the account etc.
The Platform does not accept responsibility for any losses incurred / that may be incurred by the User due to such eventualities which are beyond the control of the Platform.
If this Platform contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
You agree to defend, indemnify us (including our affiliates, officers, directors, agents and employees) from and against all claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities or other costs or expenses of any kind or nature (including without limitation reasonable legal and other fees and costs), incurred or suffered by us or likely to incurred and suffered by us, in relation to any and/or all claims, actions or demands, arising from or related to your use of the Platform or related to your breach/ alleged breach of this terms of use, privacy policy, violation of any law or the rights of a third party.You shall not sue or otherwise make or present any demand or claim, and irrevocably, unconditionally and entirely release, waive and forever discharge the Company, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter "Release"), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) ("Losses"), whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Release with respect to the Services.
In no event shall the Company, its affiliates, and their respective officers, owners, directors, employees and agents, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential, or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether foreseeable resulting from: The use of or the inability to use the Platform;
If you are discontented with the use of this Platform, or any of the information contained thereon, or refuse to abide by the terms and conditions stipulated; then the sole and exclusive remedy for you is to discontinue the use of this Platform; Notwithstanding the above, if the Company is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of the Company shall be restricted to, in the aggregate, any Service/referral fees earned by the Company in connection with transaction(s)/ Services in relation to which liability has arisen, if applicable.
We reserve right to make change(s) to the Platform, related policies, terms of use, disclaimer, and Privacy Policy at any point in time as we may deem fit and proper, without prior notice/ intimation to the User. Your continued use of the Services constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. If you do not agree to the changes, you may please discontinue your use of the services and ancillary Services. We reserve the right to discontinue or suspend, temporarily or permanently the access of this Platform, at any point of time without giving notice or reasons for the same.We are under no obligation to monitor the communication transmitted using this Platform. However, we reserve the right to review information posted/ selected/ transmitted at our sole discretion.
Documents sent by electronic means viz. by electronic e-mail (including any auto replies from the system), an electronic mail attachment, or in the form of an available download option from the Platform shall deemed to have fulfilled any obligation (legal or otherwise) to deliver such document.
The Company, its affiliates, and their respective officers, owners, directors, employees, agents, consultants, or contractors and service providers shall be relieved of all responsibilities/ obligations, in the event of failure of performance is resulting directly or indirectly due to act of Force Majeure or causes beyond our reasonable control.You further acknowledge and agree that neither we, nor any of the foregoing entities are responsible or liable for (a) any incompatibility between the Platform and any other platform, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the Platform in an accurate or timely manner.
The Platform, Services, all your transactions through the Platform, and our relationship shall be governed by the laws of India. Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Company and You, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. The Place of Arbitration shall be Mumbai and the language of Arbitration shall be English.
You agree that the Company may, at its sole discretion, suspend or terminate your access to all or any part of Platform without prior notice and without assigning any reasons.
In the event any provision or part of this Document is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Document, will be inoperative.
Notwithstanding any provisions of this Terms, or any general legal principles to the contrary, any provision of these Terms that impose or contemplate continuing obligations on a party will survive the expiration or termination of the relationship between the Parties, viz. Platform and User.
This Cookie Policy describes the information we obtain from Cookies, how we use Cookies, and how you can manage them. By accessing this Portal, you acknowledge you have read and accept this Cookie Policy: Cookies and Log FilesA cookie is a piece of data stored on the user's computer tied to information about the User. We shall use cookies.Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookiesUsers may note that cookies are not strictly necessary for the provision of our Platform and services, we will ask you to consent to our use of cookies when you first visit our Platform. Our use of Cookies may involve the processing of Personal Data (i.e., any information relating to an identified or identifiable individual, such as IP addresses, or other online mobile identifiers)
Use of Cookies:
Managing cookies:
Our Portal contains links to third party websites. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to read the privacy policies or statements of the other websites you visit.Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:https://support.google.com/chrome/answer/95647?hl=en (Chrome);https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);http://www.opera.com/help/tutorials/security/cookies (Opera);https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);https://support.apple.com/kb/PH21411 (Safari);https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge)You have the option to block the cookies by adjusting your browser settings. However, if the cookies are disabled, it will have an impact on your overall experience while using the PortalThe Company will not be liable if any third-party gains access to the cookies from your computer, phone, tablet, or any other internet enabled device.
Changes to this Cookies Policy:
We may periodically update this Cookie Policy without prior notice to reflect changes in our practices. Any such changes will be posted on this page.
The Company makes every attempt to ensure the accuracy and reliability of the information provided on this Platform. However, the information is provided without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained on this Platform. No warranties, promises and/or representations of any kind, expressed or implied, are given as to the nature, standard, accuracy or otherwise of the information provided in this Platform nor to the suitability or otherwise of the information to your circumstances. The information, software, products, and services included in or available through the Platform may include inaccuracies or typographical errors.We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. We do not guarantee that this Platform is free from computer viruses or anything else that has destructive properties. You understand and acknowledge that there are inherent risks involved in sending/ receiving the instructions/communications/documents to/ from you via electronic means (E-mail, Messages, Fax etc.) and you hereby agree and confirm that all such risks shall be fully borne by you.You specifically agree that the Company shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered using/ through this Platform.The Platform makes information of third parties available. User acknowledges and agrees that the owner of this Platform does not create or endorse or guarantee or control Third Party Content. Use of any information/product/ Services is at user's sole risk. Any transaction in financial products shall be subject to fluctuations and risks including market risks not within our control. We shall not be responsible for any losses incurred by you attributable directly or indirectly to such market risks. The Platform does not guarantee any return on investment in the financial securities and the past performance / past track records of any financial instruments offered on the Platform does not guarantee future results or returns to You.You agree and acknowledge that if you invest in financial instruments offered by third party service providers, the Platform merely plays a role of a referral agent connecting you with the third-party service providers offering financial instruments on the Platform and may perform ancillary services to the referral activities. The Platform does not in any manner guarantee the performance of the financial instruments including the payment of principal or coupon rates on the subscribed financial instruments. The rating of any financial instruments may change prior to or after your investment and the Company is not responsible for any losses arising to you out of such change in rating. You agree that any investment undertaken by you on the Platform has been undertaken after exercising due care, caution, and diligence and after understanding the nature and the underlying risk attached to such security by reading the relevant documents in relation to the investment in the financial instruments.The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicit to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Platform or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. Investment in the securities market and any financial instruments are inherently risky and you shall always assume complete and full responsibility for the outcomes of all the financial or investment decisions that you make, including but not limited to loss of capital. You are therefore advised to obtain independent applicable legal, accounting, tax or other professional advice or facilities before taking or considering an investment or financial decision.In no event, we shall be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this Platform/Services, with the delay or inability to use this Platform/services or related services, the provision of or failure to provide services, or for any information, products, services and material obtained through this Platform, or otherwise arising out of the use of this Platform/services, whether based on contract, tort, negligence, strict liability or otherwise. It shall be responsibility of the User to understand the risk and limitations involved while dealing in Capital/ Securities Market, financial market and under no circumstance or in no form or manner, we assume any liability for any transaction entered into/ Services availed through this Platform.
You also agree and understand that data feeds, prices, rates and other similar market value information about any product or securities could be based on delayed feeds and these data or information may not reflect the real time values/actual rates. Certain sections or pages on this Platform may contain separate disclaimer and/or terms and conditions, which are in addition to these disclaimer or terms and conditions. In the event of any conflict between the two, the additional disclaimer or terms and conditions will govern those sections or pages.
All purchase orders placed by Clients on smest.in, are settled on Indian Clearing Corporation Limited (ICCL), which is a Clearing Corporation of Bombay Stock Exchange.
Client transfers fund and SMEST transfers Security.
Refund Policy:
For any trade, once Client has transferred the funds to ICCL, and in case SMEST is not able to transfer the security to ICCL, then ICCL will refund the Client's funds back to the Client by EOD.
Vis-a-vis, if in case, once SMEST has transferred the security to ICCL, and Client is not able to transfer the funds to ICCL, then ICCL will refund the SMEST's security back to the SMEST by EOD.
Cancellation Policy:
After reading all the disclaimers before placing and confirming the purchase order, once the Client has placed the order but not able to transfer the funds, then the same deal not only stands canceled, but also the Client's PAN gets banned across all OBPP (Online Bonds Purchase Platform) and will not be able to transact for 15 calendar days from the date of dishonouring the trade.
If you have any concerns, complaints or grievances about the terms or other users or their manner of use of the platform, please feel free to contact the Grievance Officer any time on