TERMS OF USE

Thank you for choosing Opportune Wealth Adviser Private Limited. Please read these Terms of Use carefully which is a legally binding contract between you (“User”, “you”, “your(s)”) and Opportune Wealth Adviser Private Limited (“Opportune”, “our”, “us”, “we”). This website [https://opportunewealth.com/] (hereinafter “Website”) is owned and operated by us. By accessing or using the Website and/or any related mobile or software applications (collectively the “Sites”), accessing or using the content, information, services, features or resources available or enabled through the Sites, delivery of information through the Sites, whether existing now or in the future that link to these Terms of Use (collectively with the Sites, the “Services”), however accessed or used, the User: (1) agrees to be bound by these terms of use (“Terms of Use”); and (2) represents that the User is of a legal age in the User’s jurisdiction of residence to form a binding contract. 

These Terms of Use affect the User’s legal rights and obligations. Except as otherwise provided herein, if the User does not agree to be bound by these Terms of Use, the User may not access or use the Website or Services.

Please note that these Terms of Use are subject to amendment(s) by using our sole discretion at any time without any prior intimation of the same to the User (“Updated Terms”).It is important that you review these Terms of Use regularly to ensure you are updated as to any changes made. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

These Terms of Use Govern all of our Services, all of which are offered subject to your acceptance without modification of these Terms of Use. In addition to the clauses below, these Terms of Use include and incorporate by reference the following agreements, terms, policies, requirements and guidelines:

Our Privacy Policy available here;

USE OF WEBSITE

Opportune grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use this Website in accordance with these Terms of Use. You may use this Website only to make legitimate use of the information and information on this Website and shall not use this site for any other purposes other than what is intended to be provided herein. Opportune may change, suspend or discontinue the Website (or any feature thereof) at any time. Opportune may also impose limits on certain features and services offered on the Website or restrict your access to parts or all of the Website without notice or liability. You acknowledge that from time to time the Website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Opportune may undertake from time to time; or (iii) causes beyond the control of Opportune or which are not reasonably foreseeable by Opportune.

This Website and the content provided herein, including the text, graphics, button icons, digital downloads may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Opportune, except that you may download, display and print the materials presented on the Website for your personal, non-commercial use only.

RESTRICTION OF USE

You agree not to use the Website to:

  • Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libellous; hateful; or discriminatory;
  • Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
  • Harass or harm another person;
  • Exploit or endanger a minor;
  • Impersonate or attempt to impersonate any person or entity;
  • Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Website;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including Opportune’s servers, networks or accounts;
  • Cover, remove, disable, block or obscure advertisements or other portions of the Website;
  • Delete or revise any information provided by or pertaining to any other user of the Website;
  • Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Website, or to circumvent or modify any security technology or software that is part of the Website;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind in manner what so ever including through the website. If you do so, you acknowledge you will have caused substantial harm to Opportune, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Opportune Rs. 10,000 for each actual or intended recipient of such communication;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Post, upload or otherwise transmit an image or video of another person without that person’s consent;
  • Accessing the Website (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Website and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
  • Use the Website to advertise or promote competing services;
  • Use the Website in a manner inconsistent with any and all applicable Law;
  • To unlawfully collude against another person in restraint of trade or competition.
  • Attempt, facilitate or encourage others to do any of the foregoing.

ADDITIONAL TERMS

Additional Terms may apply when you use / purchase products or services on the website. You agree to abide by the terms and conditions imposed by us, including payment of all the amounts, and comply with all applicable rules and restrictions.

MINOR

Minors shall mean such individuals who have not reached the age of majority in the applicable jurisdiction under the relevant laws, and it is possible that under the applicable laws of certain jurisdictions, they are not allowed to register and avail of our products, features, services, etc.

INTELLECTUAL PROPERTY

Opportune shall own and retain the complete Intellectual Property rights in the (i) Services; (ii) (iii) all works of authorship, programs, software, code, source code, system design, processes, tools, reports, manuals, supporting materials, drawings, diagrams, flowcharts, documents, materials, technology, trademarks, trade secrets, website(s), modifications, updates and enhancements and concepts (“Works”), any of which existed prior to the date of this Terms of Use, whether created by or for Opportune; (iv) any and all Works that are developed by Opportune or jointly by you and Opportune; and (v) any and all Works developed by you that are derived from or that incorporate the Services, or Pre-Existing Materials, including all feedback provided by you regarding usability, performance, effectiveness, enhancements, or bugs and all fixes and enhancements based on such feedback. To the extent you are not automatically deemed to be the author, inventor or owner of any IP, you agree to assign and hereby assign, all right, title and interest it may have in any IP, and agrees to execute all documents necessary to effect Opportune Full ownership in and to all IP.

THIRD PARTY SERVICES AND CONTENT

The Website contains hyperlinks to external websites owned and operated by third parties. Opportune has no responsibility in relation to the accuracy, completeness and quality of the information contained within such third party sites, and you access these sites at your own risk. Any and all contents on such third party sites do not reflect the services or information provided by Opportune. Please note that when you use third-party services, their own terms of use and privacy policies will govern your use of those services.

TERM AND TERMINATION

These Terms of Use are effective upon you accessing the Website, and continue in effect until terminated or suspended by us, as provided herein.

You agree that we retain the absolute discretion to suspend or terminate your use of the Website and/or the Services at any time and without assigning any reason, at our sole discretion. In such an event, you will immediately discontinue your use of the Website, and destroy any copies of any document or content that you may have downloaded or derived from the Website. Accessing the Website and/or the Services after our suspension or termination of your use of the Website shall constitute an act of trespass. Some of the events that may result in a termination by Opportune of your use of the Website and/or Services shall include but may not be limited to These Terms of Use are effective upon your acceptance and continue in effect until terminated.

  • Termination by Opportune:
    Opportune may terminate your right to use the Services at any time in the event (a) you violate or breach the terms and conditions set forth in these Terms of Use; (b) you misuse or abuse the Services; or (c) allowing you to access and use the Services, would violate any applicable local, state, national and other laws, rules and regulations or would expose Opportune to legal liability. Opportune will use reasonable efforts to provide the User notice of any such termination. Further, you agree that Opportune shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.
  • Termination by User:
    The User may terminate his/her access to the Services and this Website by deleting his/her email or mobile number. For assistance in this regard, please contact us [clientrelations@opportunewealth.com/ +91 86574 44326] In the event there is a separate agreement between the User and Opportune governing the use of the Services and that agreement terminates or expires, these Terms of Use (as unmodified by such agreement) shall govern your use of the Services unless and until you delete your account.

INDEMNIFICATION

You agree to defend, indemnify and hold Opportune, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of: (a) your breach of these Terms of Use, and Privacy Policy(b) your improper use of the Services; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; or (d), this indemnification shall not apply to the extent that the Claim arises out of Opportune’s gross negligence or willful misconduct. Opportune shall provide notice to you of any such Claim, provided that the failure or delay by Opportune in providing such notice shall not limit your obligations here under except to the extent you are materially disadvantaged by such failure.

REVIEW OF TRANSMISSIONS

Opportune may, from time to time monitor and review any information transmitted or received through this Website and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Opportune deems inappropriate or in violation of these Terms of Use. During monitoring, the information may be examined, recorded or copied, and your use of this Website constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this Website, you grant Opportune and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Opportune takes no responsibility and assumes no liability for any content posted or submitted by you.

DISCLAIMER OF WARRANTIES

Opportune provides the Services using a commercially reasonable level of skill and care, and we try to keep the Website bug-free and safe. However, you use the Services at your own risk. To the extent permitted by applicable laws, the Services are provided on an “as is” and “as available” basis. Opportune hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Opportune makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable. You acknowledge that Opportune has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any users’ (including attendees’, other non-organizers’ and organizers’) content or listings or the ability of any user (including attendees and organizers) to perform or actually complete a transaction and Opportune is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the services, and Opportune has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third parties. Nothing in these Terms of Use is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.

LIMITATION OF LIABILITY

To the extent permitted by applicable laws, Opportune, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners, employees and any applicable card schemes, shall not be liable under any circumstances, whether in tort, contract, or otherwise, with respect to the Services, or any other subject matter of these Terms of Use, the Privacy policy (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Opportune has been advised of the possibility of such damages), (b) the cost of procurement of substitute services, (c) any of your content (as defined in the terms of use) or any content of any other user of the services, or (d) any matters beyond Opportune’s reasonable control. The maximum aggregate liability of Opportune, its affiliates, payment processing partners and licensors for all damages, losses, liabilities, costs and expenses under any legal theory, whether in tort, contract, or otherwise, with respect to, arising out of or related to the Services, or any other subject matter of these Terms of Use, and the Privacy policy shall be limited to Rs 5000/-(Rupees Five Thousand) only.

INJUNCTIVE RELIEF

You acknowledge that a violation or attempted violation of any of the terms and conditions set forth in these Terms of Use will cause such damage to Opportune as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Opportune shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms of Use by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Opportune in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction. Further, you agree that under no circumstances whatsoever can you apply for any form of injunctive relief against Opportune, from any Court/ Tribunal of competent jurisdiction.

SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

WAIVER

The failure or delay of Opportune to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever.

JURISDICTION AND DISPUTE RESOLUTION

These Terms of Use shall be subject to and construed in accordance with the laws of India and the User and you hereby submit to the non-exclusive jurisdiction of the courts of Mumbai. This provision shall survive the termination of any or all of your transactions with Opportune.

In the event of any disputes, differences or controversies between you and Opportune, out of or in connection with the provisions of this Terms of Use, or any action taken hereunder, the parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Mumbai, Maharashtra, India. The award of such arbitration shall be final and binding upon the User and Opportune.

settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Mumbai, Maharashtra, India. The award of such arbitration shall be final and binding upon the User and Opportune.

NOTICES

All notices, demands or other communications required or permitted to be given or made under or in connection with these Terms of Use shall be in writing and shall be sufficiently given or made (i) if delivered by hand or (ii) sent by pre-paid registered post addressed to Opportune at the following address:

Opportune Wealth Advisors Private Limited
309, Floor-3, Plot-221, Maker Chamber V, Jamanlal Bajaj Marg, Nariman Point, Mumbai – 400021
Contact No: +91-86574-44326,
Email: clientrelations@opportunewealth.com

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with Opportune must be filed within 15(fifteen) days after such claim arises; otherwise, your claim may be permanently barred.

ENTIRE AGREEMENT
These Terms of Use, including but not limited to the Privacy policy and Cookie Policy or any other policies which may be incorporated subsequently constitute the entire agreement between you and Opportune and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Opportune on the subject matter hereof.

ASSIGNMENT

All our rights and obligations under our Terms of Use are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, liquidation, bankruptcy or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

RELATIONSHIP

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser- franchisee relationship is intended or created by these Terms of Use, except to the extent expressly set forth in the TERM AND TERMINATION clause above.

TITLES

Any Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of these Terms of Use by email to clientrelations@opportunewealth.com

LICENSES HELD BY THE COMPANY

Opportune Wealth Advisors Private Limited is an RIA (Registered Investment Adviser) duly registered under the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013 (hereinafter referred to as “Regulations”) via Registration No. INA000005366; and is also registered with the Association of Mutual Funds in India (“AMFI”) as an AMFI Registered Mutual Fund Advisor (“ARMFA”) under the AMFI Guidelines and Norms for Intermediaries (“AGNI”), with AMFI Registration number ARN-111547.

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