Terms of Use of Website
"Terms of Use" or "Terms & Conditions" for use of website and its services
1. Introduction and Acceptance
1.1. These Terms and Conditions (“Terms”) govern your access to and use of the website operated by Finspurt Analytics Private Limited, a company incorporated under the Companies Act, 2013, having CIN: U66190MH2025PTC446002 (hereinafter referred to as “Finspurt”, “Company”, “We”, “Us” or “Our”).
1.2. By accessing, browsing or using this website and/or any content, tools, information, products or services offered on or through this website (collectively, the “Website”), you (“User”, “you” or “your”) agree to be bound by these Terms, our Privacy Policy and any other supplemental terms notified from time to time.
1.3. If you do not agree with any part of these Terms, you must not access or use the Website.
2. Regulatory Status and Disclosures
2.1. Finspurt is registered / will be registered with the Securities and Exchange Board of India (“SEBI”) as an Investment Adviser (IA) under the SEBI (Investment Advisers) Regulations, 2013 (as amended from time to time) (“IA Regulations”).
2.2. The details of Finspurt’s SEBI registration, including registration number, category and validity, along with the name and contact details of the Compliance Officer, shall be prominently displayed on the Website in accordance with applicable SEBI circulars and the IA Regulations.
2.3. As mandated by SEBI, Users are hereby informed that:
“Registration granted by SEBI, enlistment as IA with Exchange and certification from National Institute of Securities Markets (NISM) in no way guarantee performance of the intermediary or provide any assurance of returns to investors”
Finspurt acts in a fiduciary capacity towards its advisory clients and is required to act in their best interests, disclose conflicts of interest, and ensure suitability of advice as per the IA Regulations.
2.4. Finspurt does not provide stock broking, portfolio management, mutual fund distribution or execution services on this Website and does not receive any commission, incentive or other consideration from product manufacturers in respect of advice given, in compliance with the IA Regulations.
2.5. Nothing on this Website shall be construed as an offer to sell or solicitation to buy securities or other financial products in any jurisdiction where such offer or solicitation is unlawful under applicable laws.
3. Definitions
For the purposes of these Terms:
“Applicable Law” means all laws, rules, regulations, circulars, notifications and guidelines in force in India, including without limitation the SEBI Act, 1992, the IA Regulations, the Information Technology Act, 2000 and rules thereunder, the DPDP Act, 2023 and any other law as may be applicable from time to time.
“Client” means a person who has executed a written client agreement with Finspurt for investment advisory services in accordance with the IA Regulations.
“Data Fiduciary”, “Data Principal”, “Personal Data” and related terms shall have the meanings respectively assigned to them under the DPDP Act, 2023.
4. Eligibility and User Obligations
4.1. By using the Website, you represent and warrant that:
You are an individual competent to contract under the Indian Contract Act, 1872 (i.e., at least 18 years of age and of sound mind), or are a validly existing entity acting through an authorised representative.
You will use the Website in compliance with Applicable Law, including securities laws, the DPDP Act and the Information Technology Act, 2000.
4.2. You agree not to:
Use the Website for any unlawful, fraudulent, defamatory, obscene, infringing or otherwise objectionable purpose.
Introduce any viruses, malware or other harmful code.
Attempt to gain unauthorised access to any part of the Website or associated systems.
Use automated means (including bots, crawlers, scrapers) to access or extract data from the Website, except as permitted by us in writing.
4.3. To the extent Finspurt qualifies as an “intermediary” under the Information Technology Act, 2000, it shall observe due diligence requirements including publishing terms of use, privacy policy and user agreement, and may disable or remove access to any content upon obtaining actual knowledge of unlawful material in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
5. Nature and Scope of Services
5.1. The Website may provide:
General educational content relating to financial markets, securities, personal finance and investing.
Illustrative tools, calculators or simulations for informational purposes.
Information about Finspurt’s investment advisory services, processes and engagement models.
5.2. General information vs. personalised advice:
Content on the public sections of the Website is general in nature and does not take into account your specific investment objectives, financial situation or needs; it does not constitute personalised investment advice or recommendations.
Personalised advisory services are provided only pursuant to completion of onboarding, risk profiling, payment of Subscription fees, suitability assessment and execution of a written client agreement as mandated by the IA Regulations.
5.3. You should not make any investment decision solely on the basis of Website content and should obtain independent professional advice where necessary.
6. Investment Risks and No Assurance of Returns
6.1. Investments in securities and other financial instruments are subject to market risks, including the possible loss of principal. Past performance is not indicative or a guarantee of future results.
6.2. Finspurt does not guarantee or assure any returns, capital protection, profit sharing, fixed or assured income, or any outcome with respect to any investment or strategy. Any illustrations, forward-looking statements, projections or scenario analyses are purely indicative and subject to assumptions, market conditions and risks beyond our control.
6.3. Users are advised to carefully read all relevant documents relating to any product (such as offer documents, scheme information documents, key information memoranda, risk disclosure documents, etc.) before making any investment, and to ensure that such investment is suitable to their risk profile and objectives.
7. Fees, Billing and Payment
7.1. Details of fee structures, billing cycles, modes of payment and applicable taxes for advisory services shall be separately communicated to Clients and may be displayed on the Website, subject to the fee-related provisions of the IA Regulations and SEBI circulars.
7.2. Advisory fees shall be collected only from Clients, through permitted banking channels, and shall comply with SEBI’s caps and guidelines regarding fee charging and mode of payment.
7.3. You are responsible for any bank charges, taxes (including GST) and other costs associated with payments made by you.
8. Intellectual Property Rights
8.1. All content on the Website, research reports received by you on subscription of our services including but not limited to text, graphics, logos, icons, images, audio-visual material, software, underlying source code, design and arrangement (“Content”), is the property of Finspurt and/or its licensors, and is protected by applicable copyright, trademark and other intellectual property laws.
8.2. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Website and Content for your personal, non-commercial use only.
8.3. You shall not copy, reproduce, modify, publish, distribute, transmit, display, perform, create derivative works from, reverse engineer or exploit any part of the Website or Content without our prior written consent, except as otherwise permitted under Applicable Law.
9. Third-Party Content, Data and Links
9.1. The Website may contain data, reports, market prices, news, articles or other information sourced from third parties, as well as links to third-party websites or services. Such third-party content and links are provided solely for your convenience.
9.2. Finspurt does not control, endorse, sponsor or approve such third-party content or websites and is not responsible for their accuracy, completeness, reliability, lawfulness or availability.
9.3. Your access to or use of any third-party website or service shall be governed by the terms and conditions and privacy policies of such third party, and you shall bear all associated risks.
10. Privacy, Data Protection and DPDP Act Compliance
10.1. In the course of your use of the Website and/or our services, Finspurt may collect, receive, store, use, process, share and otherwise handle your personal data (including sensitive personal data, where applicable) as a Data Fiduciary under the Digital Personal Data Protection Act, 2023.
10.2. Legal basis and purpose of processing:
Personal data shall be processed only for lawful purposes, based on (i) your free, specific, informed, unconditional and unambiguous consent obtained through clear affirmative action, and/or (ii) other legitimate uses permitted under the DPDP Act.
We process personal data for purposes including, inter alia: onboarding, client due diligence and KYC (as applicable), risk profiling and suitability assessment, providing advisory services, compliance with legal and regulatory obligations (including SEBI and tax authorities), responding to queries and grievances, improving our services, and conducting analytics and security monitoring.
10.3. Data Principal rights: As a Data Principal, you shall have rights under the DPDP Act, including the right to:
Obtain a summary of your personal data and processing activities;
Seek correction, completion or updating of inaccurate or incomplete data;
Seek erasure of personal data when it is no longer necessary for the specified purpose or upon withdrawal of consent, subject to legal retention requirements;
Nominate another person to exercise rights in certain circumstances; and
Lodge complaints with the Data Protection Board of India in case of grievances or breaches.
The detailed mechanism for exercising these rights will be set out in our Privacy Policy and/or data rights interface.
10.4. Security safeguards and breach notification:
Finspurt will implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction or damage, and shall take reasonable security safeguards as required under the DPDP Act.
In case of a personal data breach that is likely to cause significant harm, Finspurt shall notify the Data Protection Board of India and, where required, the affected Data Principals in the prescribed manner.
10.5. Retention and deletion:
Personal data will be retained only for as long as necessary to fulfil the specified purposes or as required by Applicable Law, following which it shall be erased or anonymised, and Finspurt shall also cause any engaged Data Processors to erase such data, subject to legal record-keeping obligations.
10.6. Cross-border data transfer:
Where personal data is transferred outside India, such transfer shall be made in accordance with the DPDP Act and any notifications or conditions prescribed by the Central Government.
10.7. A separate Privacy Policy shall be published on the Website containing additional details regarding our data processing practices, cookies, consent mechanisms and grievance redressal.
11. Cookies and Tracking Technologies
11.1. The Website may use cookies, web beacons, pixel tags and similar technologies for purposes such as maintaining session information, enhancing user experience, analytics, security and personalisation.
11.2. You may choose to disable cookies through your browser settings; however, certain features of the Website may not function properly if cookies are disabled.
11.3. Details of the types of cookies used and your choices shall be set out in the Privacy / Cookie Policy.
12. Grievance Redressal
12.1. Finspurt shall designate a Grievance Officer / Compliance Officer whose name, designation, contact number and email address shall be displayed on the Website for the purposes of:
Addressing grievances relating to Website use, content and services;
Addressing grievances and rights requests under the DPDP Act; and
Serving as the investor grievance contact under SEBI regulations.
12.2. Investors/Clients may first raise complaints directly with Finspurt through the contact details provided; Finspurt will endeavour to resolve such grievances within the timelines prescribed by SEBI and the DPDP Act, as applicable.
12.3. If an investor’s complaint is not satisfactorily resolved, they may escalate the matter to SEBI through the SCORES portal (https://scores.sebi.gov.in) or by writing to SEBI’s Office of Investor Assistance and Education, as per SEBI’s grievance redressal framework.
12.4. Data Principals may lodge complaints relating to personal data processing with the Data Protection Board of India in accordance with the DPDP Act and applicable rules.
13. No Warranties
13.1. The Website and Content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to warranties of accuracy, completeness, merchantability, fitness for a particular purpose, non-infringement or availability.
13.2. While reasonable efforts are made to ensure that information on the Website is obtained from sources believed to be reliable, Finspurt does not warrant that the Website or any Content will be error‑free, uninterrupted, timely, secure or free from viruses or other harmful components.
14. Limitation of Liability
14.1. To the maximum extent permitted by Applicable Law, Finspurt, its directors, officers, employees, agents and affiliates shall not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, including without limitation loss of profits, loss of data, loss of goodwill, business interruption or other commercial damages or losses arising out of or relating to:
Your use or inability to use the Website or Content;
Any reliance placed by you on information or materials available on the Website;
Any unauthorised access to or alteration of your transmissions or data; or
Any other matter relating to the Website,
even if advised of the possibility of such damages.
14.2. To the extent Finspurt is held liable notwithstanding the above, its aggregate liability to you for any and all claims arising out of or in connection with the Website shall be limited to the advisory fees (if any) actually paid by you to Finspurt during the three (3) months immediately preceding the event giving rise to such claim, or such minimum liability as may be mandated by Applicable Law, whichever is lower.
15. Indemnity
15.1. You agree to indemnify, defend and hold harmless Finspurt, its directors, officers, employees, agents and affiliates from and against any and all claims, demands, actions, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:
Your breach of these Terms or any Applicable Law;
Your misuse of the Website or Content; or
Any third-party claim in relation to your use of the Website.
16. Amendments and Suspension
16.1. Finspurt reserves the right, at its sole discretion, to modify, amend or replace these Terms, the Privacy Policy and/or any part of the Website at any time, to reflect changes in law, regulations (including SEBI and DPDP requirements), technology or business practices.
16.2. Material changes may be communicated by way of a notice on the Website or other appropriate means. Your continued use of the Website after such changes are made shall constitute your acceptance of the revised Terms.
16.3. Finspurt may, without prior notice, suspend, restrict or terminate your access to all or any part of the Website if it reasonably believes that you have violated these Terms or Applicable Law, or where required by law, regulatory directive or order of a court or competent authority.
17. Compliance with SEBI Advertisement and Communication Norms
17.1. All advertisements, communications, promotions and marketing materials issued by or on behalf of Finspurt through this Website or otherwise shall comply with SEBI’s advertisement code and circulars applicable to Investment Advisers.
17.2. Without limitation:
Advertisements shall be fair, clear and not misleading and shall not contain statements that are false, biased, exaggerated or inconsistent with the risk and return characteristics of the products or services referred to.
Finspurt shall not, in any advertisement or Website content, make claims of assured returns, guarantee of performance, or unfair comparisons, nor use SEBI’s logo in any manner that indicates sponsorship or endorsement.
Mandatory risk disclosures and standard warnings, including the SEBI‑mandated disclaimer on registration and returns, shall be prominently displayed wherever required.
17.3. Copies of advertisements and Website communications may be retained for the period prescribed by SEBI.
18. Governing Law and Jurisdiction
18.1. These Terms shall be governed by and construed in accordance with the laws of India.
18.2. Subject to any applicable dispute resolution mechanism mandated by SEBI or any other regulator, the courts and tribunals at Thane, Maharashtra shall have exclusive jurisdiction over all disputes arising out of or relating to these Terms, your use of the Website or any services availed from Finspurt.
19. Miscellaneous
19.1. If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.
19.2. No waiver of any breach of these Terms shall be deemed a waiver of any other or subsequent breach.
19.3. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Finspurt may assign or transfer its rights and obligations under these Terms to any affiliate or successor entity, subject to Applicable Law and regulatory approvals where required.
19.4. These Terms, together with the Privacy Policy and any specific client agreement (where applicable), constitute the entire agreement between you and Finspurt in relation to the use of the Website and supersede all prior understandings or arrangements in this regard.