TERMS OF USE

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Please read these terms and conditions of use (these “Terms of Use”, “Disclaimer”, “Privacy Policy” & “Refund Policies”) carefully. By accessing or using the https://phoenixsharemarket.com/ domain, any sub-domain of this website (the “Website”), Creative Invites, Creative Studios and other services hosted by or on behalf of Phoenix Share Market Classes or its affiliated companies (including without limitation the Website, collectively, the “Services”), you agree that you have read, understand and agree to comply with and be bound by these Terms and Conditions, whether or not you are a registered member of the Website or other Services. Please also read our Privacy Policy, Refund Policy and Disclaimer carefully to understand what we do with the personal information that we collect as part of your interaction with the Services. These Terms and Conditions, including without limitation the Privacy Policy, Refund Policy and Disclaimer, govern your use of the Services and constitute a legal contract between you and Phoenix Share Market Classes (“Phoenix Share Market Classes” or,” “we” or “us”).

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site and/or application.

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If you do not agree to abide by these terms and conditions, immediately discontinue your access to and use of the services. Any breach of these terms and conditions immediately terminates your right to access and use the services and all rights and licenses granted to you by these terms and conditions.

In the future, we may change these Terms and Conditions. If we decide to change these Terms and Conditions, all changes will be made at this URL so that you will always know what terms of use apply to your visit. In case of any objection, you may stop using the services. You can always choose to terminate your use of the Services by notifying us of your desire to do so at info.phoenixsharemarket@gmail.com

If you have any questions, or complaints concerning these Terms and Conditions, please contact us at info.phoenixsharemarket@gmail.com

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Content and Intellectual Property.

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The content provided through the Services by Phoenix Share Market Classes and its licensors or suppliers, including but not limited to any text, scripts, illustrations, files, music, sounds, images, graphics, photographs, videos, informational content, URLs,documentation, or any other materials (collectively, the “Content”) and all underlying software or technology used in connection with the Services (“Technology”), including but not limited to all intellectual property rights in and to the Content and Technology, is and remains at all times the property of Phoenix Share Market Classes or its licensors or suppliers, as the case may be, with all rights not explicitly granted herein reserved to Phoenix Share Market Classes, or its licensors or suppliers, as applicable. Nothing in these Terms and Conditions shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms and Conditions. If you would like to use any of our Content, you must first obtain written permission from Phoenix Share Market Classes by contacting us at info.phoenixsharemarket@gmail.com. Phoenix Share Market Classes reserves the right to refuse permission for any reason or no reason.

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Any use of the Content other than as expressly authorized herein, without the prior written permission of Phoenix Share Market Classes, is strictly prohibited and shall immediately terminate your right to access and use the Services and all rights and licenses granted to you by these Terms and Conditions. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

The trademarks, service marks, trade names and logos, including without limitation Phoenix Share Market Classes™ and any third party marks used and displayed through the Services are trademarks of Phoenix Share Market Classes, its licensors, affiliated companies or sponsors.

Phoenix Share Market Classes complies with all applicable Indian intellectual property laws. If you believe that your work has been copied in a way that constitutes intellectual property infringement, or your intellectual property rights have otherwise been violated, please provide the following information to the Phoenix Share Market Classes:

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1. A description of the copyrighted work or other intellectual property that you claim has been infringed;

2. A description of where the material that you claim is infringing is located on the Website or other Services;

3. Your address, telephone number and email address;

4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, as applicable; and

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on such owner’s behalf.

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The Phoenix Share Market Classes’ Agent can be reached at the following mail:

By email: info.phoenixsharemarket@gmail.com

 

 

Restrictions; Use of Services.

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The following restrictions apply to your use of the Services: (i) you will not engage in any activity related to the Services that is contrary to applicable law, regulation or the terms of any agreements you have with Phoenix Share Market Classes or any other parties; (ii) you will not commercially exploit any part of the Services, except as expressly permitted by Phoenix Share Market Classes; and (iii) all information and materials contained in the Services, except where otherwise expressly indicated, are owned and controlled by Phoenix Share Market Classes. You may not use, modify, copy, distribute, frame, reproduce, republish, download, scrape, publicly display, publicly perform, post, transmit, sell or otherwise exploit any intellectual property or Content appearing on or through the Services, or create derivative works based on such Content, in any form or by any means, in whole or in part, without Phoenix Share Market Classes’ prior written permission, unless expressly permitted elsewhere under these Terms and Conditions. You may not circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.

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Any unauthorized use of the Services, including but not limited to misuse or any other use in violation of these Terms and Conditions of any information or Content, is strictly prohibited. If you violate any of your obligations or restrictions set forth in these Terms and Conditions, your permission to use and access the Services and the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

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You have to create an account in order to use the Services. You are obligated not to gain unauthorized access to the Services, or any account, computer system or network connected to the Services, for example, through hacking, password mining or any other illicit or unauthorized means.

When accessing or using the Services, you are strictly prohibited from and you are hereby obligated NOT to:

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1. Write any unsolicited communications or social media reviews or defamatory statements or advertising not expressly authorized by Phoenix Share Market Classes in writing, including without limitation promotional materials, affiliate marketing, junk mail, spam, link referral code, chain letters, or pyramid schemes, or post links to external websites, unless integral to the conversation, as determined by Phoenix Share Market Classes in Phoenix Share Market Classes’ sole discretion;

2. try to upload any material that contains software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

3. use the Services to impersonate any person or entity, including but not limited to an employee of Phoenix Share Market Classes or its affiliated companies, or falsely state or otherwise misrepresent yourself, your age or your affiliation with a person or entity;

4. instigate or encourage others to commit illegal activities or cause injury or property damage to any person;

5. intentionally or unintentionally violate any applicable local, state, national or international law;

6. violate the terms of any third party website or service, or the terms of any other agreement with any third party;

 

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Suggestions and Feedback.

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Please note that we do accept or consider ideas, suggestions or materials. If you send us suggestions, ideas, notes, drawings, concepts or feedback related to the Services, all such submissions shall be and are hereby deemed to be confidential, and Phoenix Share Market Classes shall not be and hereby is not liable for any use or disclosure of any such submissions. Without limitation of the foregoing, Phoenix Share Market Classes shall be entitled to unrestricted use of any suggestions, ideas, notes, drawings, concepts or feedback related to the Services for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.

Third-Party Sites.

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These Terms and Conditions only relate to your use of the Services and do not relate to any other website or Internet-based services, including websites to which the Services may link (“Third-Party Sites”). We are not responsible or liable for any content, advertising, products, services, information or other materials on or available on Third-Party Sites. We also are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, products, services, information or other materials on Third-Party Sites. We have no control over Third-Party Sites, their content or their terms of use, and therefore we encourage you to review such content and terms of use prior to utilizing any Third-Party Sites or submitting any personal information to them.

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Phoenix Share Market Classes may provide experiences on social media platforms such as Instagram®, Facebook® or Twitter® that enable online sharing and collaboration among users who have registered to use them. Users agree not to post any such defamatory statements on such social media platforms. Any content you post is subject to the terms of use and privacy policies of those platforms and related services. Phoenix Share Market Classes has no control over such social media platforms or related services.

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Termination.

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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 and/or application.

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).

 

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DISCLAIMER.

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The services, including the website and the content, are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Phoenix Share Market Classes and its affiliated companies, licensors, suppliers, partners and sponsors, and each of their respective directors, officers, agents, contractors, advisors, employees, licensors and suppliers (“released entities”) disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from a course of dealing, course of performance or usage of trade.

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For the sake of clarity, Phoenix Share Market Classes does not warrant or covenant:

1. That the services or content will meet your requirements or be available at any time or from any particular location;

2. That the services or content will be accurate, secure, useful, timely, informational, uninterrupted or error-free;

3. That defects or errors will be corrected; or

4. That the services are free of viruses or other potentially harmful components.

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All or a portion of the Services may be temporarily unavailable from time to time for maintenance or other reasons. Phoenix Share Market Classes assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications. Phoenix Share Market Classes also is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including without limitation injury or damage to any person’s computer (including without limitation any tablet or smartphone) or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet or in connection with the Services. Under no circumstances will Phoenix Share Market Classes be responsible for any loss, damage, personal injury or death resulting from anyone’s use of the Services. Phoenix Share Market Classes has no special relationship with or fiduciary duty to you. For the avoidance of doubt, nothing in these Terms and Conditions shall seek to limit or exclude our liability for death or personal injury caused by negligence, for fraud or for fraudulent misrepresentation.

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Warranty disclaimer; limitation of liability.

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To the fullest extent permitted by applicable law, Phoenix Share Market Classes makes no representations or warranties whatsoever, express or implied, with respect to the services, including without limitation any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. In no event shall any released entity be liable to you or to any third party for any loss of use, revenue or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. Our liability in the case of gross negligence is limited to foreseeable damages typical for this type of contract.  The total liability of Phoenix Share Market Classes towards You in respect of all other losses arising under or in connection with these terms and conditions, tort (including negligence), breach of statutory duty, or otherwise, will not exceed an amount equal to the course fees payable by the User under the agreement in relation to the Services giving rise to the liability. 

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If the whole or any part of any provision of these terms of use, privacy policy, disclaimer or refund policy is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these terms of use and rendered ineffective so far as is possible without modifying the remaining provisions of these terms of use and shall in no way affect the validity or enforceability of any other provisions.

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Release

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To the maximum extent permitted by applicable law, you hereby release and waive all claims against the Phoenix Share Market Classes from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with the use of the Services, including without limitation any dispute between users of the Services or between a user of the Services and any third party.

 

To the extent that you do have any claims against Phoenix Share Market Classes, you agree that:

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1. Any and all disputes, claims and causes of action against Phoenix share market classes arising out of or connected with your use of the Services shall be resolved individually, without resort to any form of action; and

2. Any and all claims, judgments and awards shall be limited to actual damages and out-of-pocket costs incurred, but shall in no event include attorneys’ fees.

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Indemnification.

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You agree to indemnify and hold the Phoenix Share Market Classes and their successors and assigns harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including without limitation reasonable attorneys’ fees, arising out of or in connection with:

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1. Your use of the Services other than in accordance with these Terms and Conditions;

2. Your conduct, acts and omissions in connection with the Services which breach these Terms and Conditions;

3. Any dispute related to the Services between you and one or more users of the Services; and

4. Your violation of these Terms and Conditions, any agreements between you and any third party relating to your use of the Services, or of any law or regulation or the rights of any third party, including but not limited to intellectual property rights.

 

The foregoing indemnification obligation will survive these Terms and Conditions and your use of the Services. Phoenix Share Market Classes shall provide notice to you of any such claim, action or demand and Phoenix Share Market Classes may, in Phoenix Share Market Classes’ sole discretion, assist you, at your reasonable expense, in the defense or settlement of such claim, action or demand. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

 

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Disputes; Governing Law; Choice of Forum.

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Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended up to date. If the parties cannot agree upon an arbitrator within thirty (30) days from the date the claimant’s request for arbitration was served on the other party or parties, the sole arbitrator shall be appointed by the Law in accordance with the Rules. The cost of arbitration proceedings including the fee of the arbitrator shall be borne by both the parties in equal proportions. The place of arbitration shall be at Pune, Maharashtra and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in Pune, Maharashtra. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended up to date, shall apply. The arbitrator will have the authority to award money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but not the authority to award exemplary or punitive damages, and any claimed right to such damages is expressly waived. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration Agreement in this Clause, shall be governed by and be subject to Indian law, and the Agreement shall be subject to the exclusive jurisdiction of the courts at Pune, Maharashtra, INDIA.

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Dispute Resolution and Jurisdiction

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In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Phoenix Share Market Classes, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be in Pune, Maharashtra, India.

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The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India, and that the Courts at Pune, Maharashtra, India, shall have exclusive jurisdiction over any disputes arising between the Parties.

 

 

GRIEVANCE OFFICER

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The name and contact details of the Grievance Officer are provided below: 

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Ruchika Shinde

(E-mail: info.phoenixsharemarket@gmail.com)

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Thank you for using our Services. We hope you find the Services helpful, informative and easy to use. If you have any questions regarding these Terms and Conditions, please contact us by email at info.phoenixsharemarket@gmail.com