mooncase

Terms of Use

 

Welcome to Mooncase. FNT Technologies Private Limited and its affiliates (hereinafter referred to as Mooncase or we or our or us) provide access to Mooncase web-application (hereinafter referred to as the webapp") to its users, subject to the conditions set out on this page.

 

BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE.

 

THESE TERMS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT 2000 AND RULES MADE THERE UNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENT/ RECORDS IN VARIOUS STATUTES, AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

 

We may, at our sole discretion, amend these Terms related to the Services from time to time. Amendments will be effective upon our posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

 

The User/you/your/investor and Mooncase/we/our/we shall hereinafter be referred to as Party individually and Parties collectively.

 

1.     INTERPRETATION:

 

Affiliate shall include the employees, officers, directors, shareholders, agents, representatives of Mooncase, subsidiaries, advertising, promotion and fulfilment agencies, any entity controlling, controlled by or under common control with Mooncase.

 

Applicable Laws means any law, rule, statute, subordinate legislation, regulation, bye-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all Parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;

 

"Discretionary Portfolio Management Services" or "Services" means the investment advisory and / or the portfolio Management services on discretionary basis rendered to the Investor by the Portfolio Manager on the terms and conditions contained in this agreement, wherein-under the Portfolio Manager exercises any degree of discretion whilst making decisions for the investments or management of assets Portfolio.

 

DigiLocker means a Digital Document Wallet from the Ministry of Electronics & Information Technology, Government of India.

 

KYC means Know Your Customer requirements for the user onboarding process with us which is automated by using the AI-powered platform for financial services in order to be compliant with the anti-money laundering (AML) and counter-financing terrorism (CFT).

 

Pods means the portfolios curated by the market experts for looking the test opportunities for you and providing regular rebalances to enable the users diversify investment portfolio of international stocks for maximum returns. The word portfolio can interchangeably be used as pods.

 

Portfolio Manager A portfolio manager is a person or group of people responsible for investing a fund's assets, implementing the fund's investment strategies, and managing day-to-day portfolio/pods management.

 

Profit-Sharing Pods means and includes those pods, managed and maintained by the Portfolio Manager, through which the profit/loss on the Users share of investment is shared between the User and the Portfolio Manager. 

 

Ready-made Pods means a combination of different investments in stocks which are grouped together in one Platform curated, managed, maintained and monitored by the Portfolio Manager to meet out different investment objectives based upon the different risk capacity of the users/investors. It shall include both Free Pods and Profit-sharing Pods.

 

SIPC stands for The Securities Investor Protection Corporation, which is a non-profit corporation that has been protecting investors and works to restore investors cash and securities when their brokerage firm fails. SIPC protects the securities and cash in your brokerage account up to $500,000. 

SMS stands for Short Message Service.

Stock means a security that represents the ownership of a fraction of a corporation.

UPI stands for Unified Payments Interface, which is a system that powers multiple bank accounts into a single mobile application (of any participating bank), merging several banking features, seamless fund routing & merchant payments into one hood.

User means and includes any person/entity/association/corporate person/partnership firms/LLP who pursuant to signing up on the Platform provided by the Company as per its discretion and analysis of the various available portfolios, invests in the portfolio managed and maintained by the Portfolio Manager on Mooncase.

2.   LICENSE TO USE OUR SITE:

 

You may subject to these terms, view and download accessible pages from our Site for caching in a web browser; and also print accessible pages from our Webapp. You have been granted a "non-exclusive, non-transferable, non-shareable, revocable, limited license to use the app solely for personal, non-commercial use in accordance with the terms of use stipulated herein.

 

3.   SCOPE OF SERVICE:

 

3.1.   We are an investment platform that brings convenience & value to user's investing experience. We provide a well-researched Pods handled and curated by market experts to enable the users diversify investment portfolio of US stocks for maximum returns.

 

3.2.  You may create your own Pod(s) and/or invest in a curated ready-made Pod(s), maintained by an expert Portfolio Manager. We provide the following investment options:

 

1. Individual User Pods
2. Ready-made Pods

 

a.   Individual User Pods:

You can curate your own Pod(s) and track them, as per your discretion and investment objectives and accordingly invest in different classes of stocks available at our webapp.

 

b.   Ready-made Pods curated by Portfolio Manager(s):

We provide a platform to the Portfolio Manager to curate, manage and maintain Ready-made Pods comprising of stocks for meeting out the investment objectives of different classes of users, as per the discretion of the Portfolio Manager.

 

You have the option to invest in either of the two Pods:

i.    Free Ready-made Pods, and

ii.    Shared Interest Pods

 

You may invest in the Free Pods curated, maintained and managed by Portfolio manager(s) and assess the profitability of such Pods along with the qualifications, experience, and abilities of the Portfolio Manager.

 

The User may also invest in the Pods which have a Shared Interest, maintained and managed by the Portfolio Manager in pursuance to the Users investment objectives and based on their risk-taking ability.

 

3.3.  You acknowledge that you shall be solely responsible for any investment decision taken by you on the services and we shall not be liable for any loss or damage caused to you or other users of this application due to such investment decision, or any kind of reliance upon it. You expressly agree that use of the webapp is at your soul risk.

 

4.   ELIGIBILITY REQUIREMENTS

 

4.1.  General Requirements: The Services are intended solely for users who are 18 (Eighteen) years and above and who satisfy the criteria described in these Terms. You represent and warrant that You: (a) are of legal age to form a binding contract [at least 18 (Eighteen) years old]; (b) have not previously been suspended or removed from using our Services;(c) have full authority to agree to these Terms; (d) fulfill the essentials to enter into this agreement in accordance with the Indian Contract Act, 1872; (e) are not prohibited in the jurisdiction applicable to you from undertaking activities in respect of our Services. You hereby agree to provide the up-to-date, complete and accurate information on your account. In the event, your information is not accessible online and you wish to change or delete your personal information or other information that you may have provided, please contact us immediately at Help & Support (Ref. Clause 11 herein).

 

4.2.  Identity Verification: To access our Services, you must activate your DigiLocker Account (User Account) by sharing your information and documents as required. The information we request include certain personal information, including, but not limited to, your name, date of birth, country, default deposit currency, Aadhaar card, PAN Card, Bank Account details (name, bank account number and IFSC), Mobile Number, e-mail address etc. The KYC procedures may be created or undertaken by any authorized representative of Mooncase (such as a third-party KYC service provider) possessing all the relevant and necessary credentials to conduct the KYC and due diligence in accordance with the AML Regulations and the AML Policy, subject to applicable law. You are bound to follow all on-screen instructions and adhere to all requirements for the on-boarding onto the webapp.

 

5.   ACCOUNT

 

5.1.  Account Creation: If you choose to register with us, an account will be created for your use on the webapp, and you will be provided with required Account Information to enable your access to the Account. In order to access any Services, you must activate your account (User Account) by following the identity verification process specified in the Clause 4.2 of this Agreement. Failure to complete the User Account activation process as per the said clause shall disentitle you from accessing the Webapp.  You will: (a)provide correct E-mail address (b) create a password; (c) provide complete and accurate information; (d) promptly update any information you have provided so that the information is complete and accurate at all times; (e) maintain the security of your User Account by protecting your password from unauthorized access or use; (f) promptly notify us at Help & Support (Ref. Clause 11 herein) if you discover or suspect any unauthorized access or use of your User Account or any security breaches related to your User Account; and (g) be responsible for all activities that occur under your User Account, and accept all risks of any authorized or unauthorized access to your User Account.

 

5.2.  Enhanced Security: We may offer optional enhanced security features for Your User Account (including, for example, two-factor authentication). We encourage, but may not require, you to use any such enhanced security features.

 

5.3.  Responsibility for Account Activities: You will be bound by, and hereby authorize us to accept and rely on, any agreements, instructions, orders, authorizations, and any other actions made, provided or taken by anyone who has accessed or used your User Account regardless of whether the access is authorized or unauthorized. Upon receipt of a written notice from you that the security of your User Account has been compromised, we will take reasonable steps to protect the same, for example, cease to allow actions initiated using any compromised account passwords, in the event such actions are not already completed. We shall, under no circumstance, be liable for any loss incurred by you by an unauthorized use of your User Account.

 

5.4.  Privacy: You agree that during your use and access of the Application and/or availing of the Services offered by the Application, you will provide us with certain information and other data as mentioned under these Terms herein which may or may not be otherwise publicly available. Please note that we respect the privacy and confidentiality of such data and the provisions pertaining to such private information as provided by you under these terms are governed under the webapps Privacy Policy. By using and visiting the Application and availing the services of the Application, you also agree to the terms and conditions of our Privacy Policy.

5.5.  Permissions: We shall, subject to your express and willful consent and permission, access your SMS data, to read and detect your spending, and thereby enable savings by calculating round up from all your transactions. You acknowledge that you will not be able to avail our services unless such permissions are granted to us. You expressly agree that allowing this permission is at your sole risk. You acknowledge that by granting such permission, you give us access to your data, the usage of which shall be subject to our Privacy Policy and FAQs.

 

5.6.  Confidentiality: You acknowledge that you shall be responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account, and also agree to keep your login credentials safe and confidential at all times. You further agree to immediately inform us in case of any actual or suspected unauthorised use of your account. We shall not be liable for any loss or damage arising from your failure to comply with this provision. All information relating to you that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by us and will not be disclosed or used by us except to the extent that such disclosure or use is reasonably necessary to the performance of the Services and/or under any law for the time being in force.

 

5.7.  Protection of Intellectual Property Rights: We are protected under the relevant Intellectual Property laws pertaining to copyright, trademarks, patents, trade secret or other such laws as may be applicable. You are hereby given a limited license to use the webapp for your personal and non-commercial use, subject to your agreement of these terms. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the webapp.

 

5.8.  Terminate of Accounts: We reserve the discretionary right to delete, block, restrict, disable, suspend your account or part thereof, if you are found engaging in any fraudulent/illegal activities, including but not limited to, abusing any of the representative of the organization, Indulging in fraudulent activities on the application using mass media and/or bots to engage with the platform, using mass media and/or bots to malign the organizations reputation, these activities may be referred to appropriate legal authority for a legal recourse. You acknowledge that we shall not be responsible for any loss, damage or harm related to your inability to access or use the App based on such termination.

 

5.9.  Account Deletion: You may also delete your account by contacting us at Help & Support (Ref. Clause 11 herein). Upon the closure of your Account and under your specific instruction for data erasure, we shall take all reasonable efforts to erase all data related to Your Account. We reserve the right to retain any data necessary under the applicable laws. Upon cancellation or discontinuance of your subscription and account, you may not continue to use of the Services as of the date of cancellation or discontinuance, provided always that such use must be in compliance with these Terms of Use, and any other relevant Terms as may be imposed by us from time to time.

 

6.   COMMERCIAL TERMS

 

6.1. Payment Methods:

All payments must be made via payment methods available on the webapp, subject to modification from time to time. You represent and warrant that you will not use any credit or debit card or other form of payment unless you have all necessary legal authorization to do so.

6.2.  Profit/Loss Sharing:

6.2.1.  In the event you choose to invest in Shared Interest Pods in the webapp, the shared interest on the investment in such Pods shall be shared between you and the Portfolio Manager in such proportion as may be determined and/or disclosed by the Portfolio Manager.

6.2.2.  You may also choose to invest in Free Readymade Pods through the marketplace and the Pods curated by you, and in such a case, Profit shall be solely yours.

6.2.3.  In the both the above circumstances, you acknowledge that you shall not hold us liable for any loss incurred due to such investment(s) by you.

 

7.   CONSIDERATION

 

We reserve the right to charge its users a fee for use of the webapp and for availing advisory services as set out in the webapp. We may change fee structure as it determines in our sole discretion from time to time and notice regarding the same shall be intimated to you adequately in advance prior to such change in fee structure. All changes and fees shall be exclusive of taxes as may be levied under the relevant laws for the time being in force. All charges shall be non-transferable.

 

8.   THIRD PARTY USE OF ACCOUNT

 

 You will use the Services and your User Account (as defined below) only for yourself and not on behalf of, or for the account of, any third Party.

 

9.   INVESTMENT DISCLOSURES:

 

The content and data available on the webapp, including but not limited to mooncase's index value, mooncases return numbers and mooncases rationale are for information and illustration purposes only. Charts and performance numbers may include back tested/simulated results calculated via a standard methodology and do not include the impact of transaction fee and other related costs. Past performance does not guarantee future returns.

 

All information present on the webapp is to help the users in their decision-making process and shall not be considered as a recommendation or solicitation of an investment or investment strategy. You are responsible for your investment decisions and are responsible to validate all the information used to make the investment decision. You should understand that your investment decision is based on personal investment needs and risk tolerance, and information available on the platform and related material is one among many other things that should be considered while making an investment decision.

 

You acknowledge that your investment is subject to market risks and fluctuations, which are beyond our control. You acknowledge that you are solely responsible for determining the nature, suitability, and appropriateness of these investment risks for you. You acknowledge and agree that we bear no responsibility or liability to you or any other person whatsoever for any losses or gains incurred in connection with your use of the services.

 

You hereby acknowledge and agree that we are not a financial institution, bank, credit union, trust, hedge fund, broker or investment or financial advisor, and are not subject to the same laws, regulations, directives or requirements applicable to such persons. You acknowledge and agree that no oral or written information or advice provided by us, our officers, directors, employees, or agents, nor any information obtained through the services, will or shall constitute investment, or financial advice. You are solely and exclusively responsible for all investing decisions made by you while using the services.

 

10.    CANCELLATION, RETURNS AND REFUNDS

 

You agree and acknowledge that the orders for Services once placed cannot be cancelled, return or refunded.

 

11.    HELP & SUPPORT

 

You can reach out to us for any query(s)/concern(s)/grievance(s)/complaint(s)related to the services provided by us on the webapp by clicking on the ? (Question Mark) Icon available on the top right corner of the webapp, which will further lead you to two options i.e., Discord and Whatsapp. You can use Discord for general query or concerns, which is a third party Application where you can talk over voice, video, and text, chat etc. within a community and/or you can approach us on our WhatsApp Account, where your query, concern etc. will be addressed on one to one basis by our customer executive. You can also write to us at hello@mooncase.io. Such features on the webapp are subject to modification/change from time to time.

 

12.    INDEMNITY & WARRANTY

 

In no event shall FNT Technologies and/or Mooncase or its directors, employees, associates, partners, or suppliers will be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this websapp or due to investments made using this webapp or availing any product or services from any third-party service provider.

 

You agree to indemnify Mooncase or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Application (ii) non-performance and/or non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions (iii) any act, neglect, misconduct or fraud on your part.

 

You warrant that all the details and information provided by you to Mooncase or its directors, employees, associates, partners, or suppliers while using this Application (including for the purposes of carrying out investments) shall be correct, accurate and genuine.

 

Further, you shall be solely responsible for any investment decision taken by you on the Services and Mooncase shall not be liable for any loss or damage caused to you or other users of this Application due to such investment decision, or any kind of reliance upon it. You expressly agree that use of the Application is at your sole risk.

 

To the fullest extent permissible pursuant to applicable law, Mooncase and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees whether statutory, express or implied including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Mooncase or through the webapp will create any warranty or guarantee other than those expressly stated herein.

 

13.    DISCLAIMERS

 

The user agrees and understands that we make no representations or warranties of any kind, express or implied, as to the operation of the application or the information, content included on the application. You expressly agree that your use of the webapp is at your sole risk.

 

To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied. We do not warrant that the application, its servers, or email/ other communication sent from the webapp are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the application, including, but not limited to direct, indirect, incidental, punitive and consequential damages.

 

All investments are subject to market risks. Read all scheme related things carefully. Past performance is not an indicator of future returns.

 

All interaction, communication, dealing, or transaction between the users and the third-party provider in respect of any products/services offered by the third-party provider is a separate and independent transaction between the user and such third-party provider without any liability accruing to or on us for any matters arising out of or in relation to the same. You expressly agree and acknowledge to hold us harmless in respect of any cost, claims, damage, loss or expenses accrued, suffered, incurred by us or any third party arising out of or in connection with any such communication, interaction, dealings and transactions between the user and third-party providers. You acknowledge that we do not have any control over such dealings and transactions and plays no determinative role in the performance in respect of the same and we shall not be liable for the outcomes of such communication, interaction, dealings and transactions between the users and the third-party providers.

 

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party provider in any manner and we will not be a party to or in any way be responsible for any transaction between you and such party provider. As with the purchase of a product or service through any medium through such third-party provider, you should use your best judgment and exercise caution where appropriate.

 

14.    COMPLIANCE WITH APPLICABLE LAWS

 

Your relationship with us and use of any of the Services shall be subject to the Applicable Laws. By entering into this User Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law.

 

15.    THIRD PARTY CONTENT

 

In using the Services, you may view content provided by third Parties (Third Party Content). We do not control, endorse, or adopt any Third Party Content and shall have no responsibility for Third Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third Parties are solely between you and the third Parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third Parties, is at your own risk.

 

16.    DISPUTE RESOLUTION

 

You agree that any dispute arising out of or related to these Terms or the Services is personal to you and us and that any dispute will be resolved solely through individual arbitration. The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individuals claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

 

Except otherwise agreed in writing, the seat of arbitration shall be Chandigarh. Except where prohibited by applicable law, you agree that any claim you may have against us shall be brought individually and you shall not join such claim with claims. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.

 

The costs and fees of the arbitration, and any neutral venue shall be borne equally by the Parties. The Parties shall bear their own costs of all other aspects of the arbitration.

 

17.    GOVERNING LAW

The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the Applicable laws of India, without regard to conflict of law, rules or principles that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction.

 

18.    OTHER TERMS

 

18.1.   Non-waiver: Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof. No waiver of any provision or right with respect to this Terms shall be deemed valid unless the same is expressly made in writing by us waiving the provision.

 

18.2.   Severability: The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

 

18.3.   Force Majeure: We will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, change in law, communications, power failure, epidemic, pandemic, or equipment or software malfunction or such events of like nature.

 

18.4.   Assignment: You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. We may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

 

18.5.   Entire Agreement: These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the Parties regarding the Services. In the event of any conflict between these Terms and any other agreement, you may have with us, the Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.

 

18.6.   Survival: Notwithstanding the termination or rescission of this Agreement, the provisions of this agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination, or rescission, including, without limitation, clauses related to Indemnity, Warranty, Disclaimers, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and jurisdiction. Further, any provisions of this agreement which, by implication, are to survive the termination of this agreement shall survive such termination. Termination of the agreement shall not update the causes of action that have accrued to the Parties prior to such termination.