Terms & Conditions
Stockhive Solutions India Private Ltd, a company registered under the Company's Act 1956 having
its registered office at #128, II Floor, 11th Cross, Sampige Road, Malleswaram,
Bangalore 560 003 (herein after referred to as 'Stockhive') maintains the website
www.stockhive.com. Stockhive has the sole right over all contents, reports, graphics, HTML,
tools and services including portfolio tracker and other scripts presently available &
future enhancements displayed and used in the website.
This website can be accessed by users on the condition that the User
accepts to be bound by the following terms and conditions in full.
MODIFICATION OF THE TERMS & CONDITIONS:
Stockhive reserves the right to change/modify these terms and conditions at any time. We will
endeavor to notify in our website as and when the terms and conditions undergo a
revision/modification. Your continued use of our website will construe that you have agreed
and accepted the terms & conditions.
The term 'Stockhive.com' is used throughout this document to refer to the
website and the term 'Stockhive' is used to refer to the owners, employees and associates of the
owner.
1) REGISTRATION & ACCESS:
You will have to first register before accessing this site. The registration process is simple.
Please ensure that all information you provide, now or in the future, is accurate. As a user
you will be responsible for creating and safe keeping of your password.
If you do not login at Stockhive.com for a continuous period of 30 days your registration may get automatically cancelled.
Stockhive reserves the right, in its sole discretion, to deny you access to this website or any
portion thereof without notice or jurisdiction for the following reasons but not limited to
(a) immediately by Stockhive for any unauthorized access or use by you (b) immediately by
Stockhive if you assign ,misuse or transfer (or attempt the same) any rights granted to you
under this Agreement; (c) immediately, if you violate any of the terms and conditions as
envisaged in this Agreement.
2) LICENSE
Stockhive.com, hereby grants you a limited, non-exclusive, non-assignable and non-transferable
license to access Stockhive.com provided and expressly conditioned upon your agreement that all
such access and use shall be governed by all of the terms and conditions set forth in this
USER AGREEMENT.
3) INTELLECTUAL PROPERY RIGHTS, COPYRIGHT & NO RETRANSMISSION OF INFORMATION:
Stockhive.com as well as the design and information contained in this site, trademarks is the
valuable, exclusive property of Stockhive and nothing in this Agreement shall be construed as
transferring or assigning any such ownership rights to you or any other person or entity. All
information & other Copy righted works on Stockhive.com is the proprietary, confidential
property of Stockhive.com and cannot be repeated for any reason outside the Stockhive.com .
You agree not to repeat or rebroadcast in any way any of the stock call information made on
Stockhive.com for any reason whatsoever. You agree that if you do repeat or re-post any of
Stockhive.com calls by any mean, you will be liable for actual and punitive damages as
determined by stockhive.com and additional damages to be determined by an Indian court
of Law.
You may not resell, redistribute, broadcast or transfer the information or use the information
in any manner or in machine-readable database unless you obtain prior approval in writing from
Stockhive. Further You are restricted from lease, sublicense, distribute, transfer, copy,
reproduce, transmit, publicly display, publish, adapt, store or time-share stockhive.com, any
part thereof, or any of the information received or accessed there from to or through any
other person or entity unless separately and specifically authorized in writing by
stockhive.com prior to such use. In addition, you may not remove, alter or obscure any
copyright, legal or proprietary notices in or on any portions of Stockhive.com without
prior written authorization except as set forth herein, any other use of the information
contained in this site requires the prior written consent from the Company and may
require a separate fee. Violators will be liable to be prosecuted to the maximum
extent.
4) LIABILITY DISCLAIMER :
The USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT THEIR SOLE RISK. The user warrants
that he/she/it shall obtain independent investment advice before making any investment based
decisions.
THE SERVICE BEING OFFERED IS ON "AS IS WHERE IS BASIS".
THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
CONTENTS HEREIN. Stockhive.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THIS WEB SITE AT ANY TIME. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME
TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS.
Stockhive.com (AND ITS OWNERS, SUPPLIERS, CONSULTANTS, ADVERTISERS, AFFILIATES, PARTNERS,
EMPLOYEES OR ANY OTHER ASSOCIATED ENTITIES, ALL COLLECTIVELY REFERRED TO AS ASSOCIATED
ENTITIES HEREAFTER) SHALL NOT BE LIABLE TO USER OR MEMBER OR ANY THIRD PARTY SHOULD
Stockhive.com EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE ANY OR ALL OF THE CONTENTS,
INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEBSITE.
STOCKHIVE DOES NOT PROVIDE ANY GUARNATEE WITH RESPECT TO THE UPTIME OF ITS
WEBSITE.HOWEVER, WE WILL ENDAVOUR TO PROVIDE SERVICES TO THE BEST OF OUR ABILITY.
Stockhive AND/OR ITS RESPECTIVE ASSOCIATED ENTITIES MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES CONTAINED
ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES
AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Stockhive.com AND/OR ITS
ASSOCIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE
CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, AND AVAILABILITY.
IN NO EVENT SHALL Stockhive AND/OR ITS ASSOCIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY
CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF Stockhive. OR ANY OF ITS ASSOCIATED ENTITIES HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
5) USE OF MESSAGE BOARDS/BULLETIN BOARDS AND FORUMS:
If this Web site contains any message/bulletin boards or other communication facilities
(collectively referred to as "Forums"), Users agree to use the Forums only to send and receive
messages and material that are proper and related to the particular Forum, you agree that
when using a Forum, you shall not do any of the following but not limited to :
# Sending messages/uploading files including software which are of abusive language, sending
obscene materials, and indecent messages, providing unlawful material/information which is
opposed to the public policy &privacy rights.
# Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or
unlawful material or information.
# Upload files that contain software or other material protected by intellectual property laws
(or by rights of privacy of publicity) unless you own or control the rights thereto or have
received all necessary consents.
# Upload files that contain viruses, corrupted files, or any other similar software or programs
that may damage the operations of website or any other computer systems.
# Conduct / forward surveys ,contests and spam mails.
# Download any file posted by another user of a Forum that you know, or reasonably should know,
cannot be legally distributed in such manner.
6) EQUIPMENT AND OPERATION
You will have to be equipped with telephone/internet and other equipment necessary to access
Stockhive.com, and the costs of any such equipment , maintenance of the equipments and/or
telephone/internet connections or use, including any applicable taxes, shall be borne solely
by you. You are solely responsible for operating your own equipment used to access
Stockhive.com
7) Membership fee /Access fee:
Stockhive initially wishes to offer the services for free. Should the company decide to charge a
fee for the access of the Website, Stockhive has the freedom to levy such a fee at any time.
However, an option will be provided to the users if they wish to subscribe for the paid
service.
8) INFORMATION DISCLAIMER:
You acknowledge that the information provided through Stockhive.com is compiled from sources,
which are beyond the control of Stockhive.com Though such information is recognized by the
parties to be generally reliable, the parties acknowledge that inaccuracies may occur and
Stockhive.com does not warrant the accuracy or suitability of the information. For this
reason, as well as the possibility of human and mechanical errors and other factors, YOU
ACKNOWLEDGE THAT Stockhive.com IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS.
Stockhive.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED,
STATUTORY OR OTHERWISE, OF ANY KIND TO THE USERS AND/OR ANY THIRD PARTY, INCLUDING ANY
IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF
TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT.
IN ADDITION, the services offered on the Website does not constitute an offer to sell or a
solicitation to any person in any jurisdiction where it is unlawful to make such an offer or
solicitation. This service is not any form of investment advertisement or advice and it has
not been registered under any securities law. The services can be used in those jurisdictions
where it may be lawful to provide such information.
Under this User Agreement, you assume all risk of errors and/or omissions in Stockhive.com,
including the transmission or translation of information. You assume full responsibility for
implementing sufficient procedures and checks to satisfy your requirements for the accuracy
and suitability of Stockhive.com, including the information, and for maintaining any means,
which you may require for the reconstruction of lost data or subsequent manipulations or
analyses of the information under the User Agreement. You will have to assume reasonable
care to evaluate the accuracy of such information provided in the website and seek advice
from qualified consultants before relying on any such information/recommendation.
YOU AGREE THAT Stockhive (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,
GROUP COMPANIES AGENTS, REPRESENTATIVES OR SUBCONTRACTORS, legal representatives, executors &
permitted assigns ) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE Stockhive.com FOR ANY
PURPOSE WHATSOEVER. Stockhive.com AND IT'S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND
AGENTS SHALL HAVE NO LIABILITY IN TORT, CONTRACT, OR OTHERWISE TO USER AND/OR ANY THIRD
PARTY.
The Service is offered on "As Is Where Is Basis" and we do not guarantee you with any uptime
commitments and the availability of the services at all times.
9) LINKS TO THIRD PARTY SITES:
You may have third party links in our site. The links in this site will allow you to leave
Stockhive.com. The linked sites are not under the control of Stockhive.com and we have not
reviewed, nor approved these sites and we are not responsible for the contents or omissions of
any linked site. We do not endorse solicit the contents/representations, etc of the third
party linked sites. The Third party links to Stockhive.com shall be governed by the terms of
use of the Third party sites.
Stockhive will not be directly responsible for any losses directly or indirectly caused to the
users by accessing the linked Sites and the users are solely responsible for any liabilities
which they might be exposed to on use of the Third party sites.
10) INDEMNIFICATION:
THE USER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS STOCKHIVE SOLUTIONS INDIA PRIVATE LTD
(INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS,
REPRESENTATIVES OR SUBCONTRACTORS,LEGAL REPRESENTATIVE,EXECUTORS &PERMITTED ASSIGNS) FROM
&ANY CAUSE OF ACTION, ALL CLAIMS,DEMAND AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A
RESULT OF OR RELATED TO: (a) your access and use of the Website (b) any non-compliance by
user with the terms and conditions hereof; or (c) any third party actions related to users
receipt and use of the information, whether authorized or unauthorized. Any violation of
the intellectual property or any other right of any person/Entity. (d) Any clause declared
invalid shall be deemed severable and not affect the validity or
enforceability of the remainder. These terms may only be amended in a writing signed by
Stockhive.
11) CONFLICTING TERMS:
If there is any conflict between this User Agreement and other documents, this User Agreement
shall govern, whether such order or other documents is prior to or subsequent to this User
Agreement, or is signed or acknowledged by any director, officer, employee, representative or
agent of Stockhive.com.
12) LEGAL FEES:
If Stockhive takes action (by itself or through its associate companies) to enforce any of the
provisions of this User Agreement, including collection of any amounts due hereunder, Stockhive
shall be entitled to recover from you (and you agree to pay), in addition to all sums to which
it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's
fees and any costs of any litigation.
13) ENTIRE AGREEMENT:
This User Agreement constitutes the entire agreement between the parties, and no other
agreement, written or oral, exists between you and Stockhive.com. By using the Information on
Stockhive.com, you assume full responsibility for any and all gains and losses, financial,
emotional or otherwise, experienced, suffered or incurred by you. Stockhive.com does not
guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the
views, opinions or recommendations expressed in the Information, does not give investment
advice, and does not advocate the purchase or sale of any security or investment by you or
any other individual. The Information is not intended to provide tax, legal or investment
advice, which you should obtain from your professional advisor prior to making any
investment of the type discussed in the Information. The Information does not
constitute a solicitation by the information providers, Stockhive.com or other of the
purchase or sale of securities.
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY,
Stockhive.com DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, and
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION.
NEITHER Stockhive.com NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP
COMPANIES OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE
OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
COUNTRIES, THE RESPECTIVE LIABILITY OF Stockhive.com, ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, GROUP COMPANIES AND CONTENT OR SERVICE PROVIDERS RESPECTIVE
LIABILITY IS LIMITED TO THE AMOUNT PROVIDED UNDER SAID LAW. FURTHER, YOU AGREE AND
UNDERSTAND THAT ALL SERVICES PROVIDED ARE NON-REFUNDABLE AND THAT YOU SHOULD CAREFULLY
CONSIDER WHETHER OUR SERVICES ARE ABLE TO MEET YOUR NEEDS.
14) TERMINATION:
This User Agreement and the license rights granted hereunder shall remain in full force and
effect unless terminated or canceled for any of the following reasons: (a) immediately by
Stockhive.com for any unauthorized access or use by you (b) immediately by Stockhive.com if
you assign or transfer (or attempt the same) any rights granted to you under this Agreement
without obtaining prior written approval from Stockhive(c) immediately, if you violate any
of the other terms and conditions of this User Agreement. (d)When the user defaults in the
payment of the membership/Access fee, Stockhive has the right to terminate the agreement
and refuse access to the Website.(e)Stockhive reserves the right to terminate the
agreement /withdraw the services at any time without assigning any reasons what so ever.
Termination or cancellation of this Agreement shall not affect any right or relief to which
Stockhive.com may be entitled, at law or in equity. Upon termination of this User Agreement,
all rights granted to you will terminate and revert to Stockhive.com. Except as set forth
herein, regardless of the reason for cancellation or termination of this User Agreement, the
fee charged if any for access to Stockhive.com is non-refundable for any reason.
The User will continue to remain liable for all acts that may have arisen before the termination.
15) JURISDICTION:
The terms of this agreement are exclusively based on and subject to laws of Republic of India.
The User hereby consents to the exclusive jurisdiction and venue of courts in Bangalore, India
for all disputes arising out of or relating to the use of this website. Use of this website is
unauthorized in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph.
All rights reserved. © Stockhive Solutions India Pvt. Ltd. - 2006