IMPORTANT - READ CAREFULLY: BY DOWNLOADING AND ACCESSING THE MARKETSMITH INDIA INTERACTIVE INVESTMENT RESEARCH SERVICE (TOGETHER WITH THE TOOLS, DATA INFORMATION, AND OTHER CONTENT DISPLAYED OR ACCESSIBLE THEREIN, THE "SERVICE") PROVIDED BY MARKETSMITH INDIA, YOU AGREE TO THE TERMS PROVIDED HEREIN. BY DOWNLOADING AND ACCESSING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS THAT DEFINE AND LIMIT THE SCOPE OF YOUR PERMITTED USE OF THE SOFTWARE AND THE SERVICE AND CONTAIN TERMS AND CONDITIONS RELATED THERETO (THIS "AGREEMENT").
DO NOT DOWNLOAD OR USE THE SOFTWARE AND SERVICE IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT.
2. Copyright: The contents, texts, layouts, organizations, graphics, designs, videos, compilations, digital conversion and other matters related to MarketSmith India are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights and such intellectual property rights qua MarketSmith India are reserved solely with William O'Neil India. The copying, redistribution, use or publication by you of any such matters or any part of MarketSmith India, are strictly prohibited. Any use of any intellectual property / rights of MarketSmith India or William O'Neil India without the knowledge or consent of MarketSmith India and/or William O'Neil India shall be strictly prosecuted. By entering into this Agreement, you do not acquire ownership rights or any other right (including but not limited to intellectual property right) to any contents, documents, information or other materials viewed through MarketSmith India. The posting of information on MarketSmith India does not constitute a waiver of any right in such information.
3. Trademarks: MarketSmith India is a registered Trademark of William O'Neil India.All rights are reserved with William O'Neil India. Use of MarketSmith India Trademark is strictly prohibited. Entering into this Agreement shall not be construed as assignment or right of use of MarketSmith Trademark by you.
4. Usage Period: William O'Neil India reserves the right to discontinue or modify the Service in any manner in its sole discretion at any time. [We reserve the right to terminate your access without prior notice].
5. Access to Services and Software License:
a. During the Usage Period, you will have the right to access the Service and a limited, non-transferable, non-exclusive license to use the Software in conjunction with your use of the Service on a single, stand alone, device, in each case, for your personal and non-commercial use and not for the benefit of any third party.
b. You may download or print a single copy of any portion of the information or other content that is available through the Service for your personal and non-commercial use, provided you shall not remove or make use of any trademark, copyright or other notice contained in such information or other content for personal / commercial use. No other use of such information or other content is permitted and any distribution of any such information or other content in any media or in any form is strictly prohibited. Without limiting the generality of the foregoing, you have no right to, and you agree that you shall not, (i) display, transmit, republish, "frame", exhibit or otherwise distribute or make available to any other person information or other content that is available through the Service, including any of the foregoing in which any of such information or content is transmitted or accessible through any computer network or any Internet, Intranet or Extranet site, (ii) reproduce or incorporate any of such information or other content in any database, compilation, archive or other record, (iii) create any derivative works that incorporate any such information or other content, or (iv) reverse engineer, decompile, disassemble, sub-license, sell or transfer any part of the Software. You may not permit or provide access to the Service to any other person.
c. You agree not to physically or electronically transfer the Software to any device or server beyond the specific device for which the Software is licensed, except for disaster recovery purposes. You agree not to reproduce in any form whatsoever any part of the Software supplied hereunder without the prior written approval of William O'Neil India. You agree not to sublicense, loan, transmit, distribute or otherwise make available any part of the Software to any other person. Outside of any method directly provided with the Software.
d. Neither the right to access the Services, nor the license granted herein to the Software, may be assigned or otherwise transferred to any third party without the prior written approval of William O'Neil India. You acknowledge that no title to the intellectual property in the Services or the Software is transferred to you. William O'Neil India reserves all rights not expressly granted hereunder. You agree that you will not attempt or enable any other person to attempt to reverse engineer, reverse compile, modify, adapt, translate or disassemble the Software, in whole or in part.
e. You acknowledge and agree that the Software is subject to export control laws and regulations. You shall not download or otherwise export or re-export the Software (or any part thereof) any underlying information or technology except in full compliance with all United States and other applicable export control laws and regulations. Without limiting the generality of the foregoing, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan or Syria or (ii) to anyone on the U.S. Treasury department's list of specially designated nationals or the U.S. Commerce Department's table of denial orders. You represent and warrant to William O'Neil India that you are not located in, under control of, or a national or resident of any such country or on any such list.
f. You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit and/or use the Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content for use with the Service (collectively, the "Mobile Participants"). We do not represent, warrant or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations. IF YOU HAVE DOWNLOADED A MOBILE APPLICATION TO ACCESS THE SERVICE, THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITIES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS.
6. Confidentiality: The information or other content that is available through the Service (other than information that is in the public domain that is included therein) and the Software are the confidential information of William O'Neil India and embody valuable trade secrets of William O'Neil India. You will not, directly or indirectly, disclose information regarding the Services or the Software, including the name of the Software tool, the features or benefits of the Software, screenshots or any other related content or information, to any third party in any media or in any manner, and will hold all such information in confidence, subject to any disclosure required by law, court order, or by any government or regulatory authority. You shall not make any public announcement, press release, or communication concerning this Agreement without the prior express written consent of William O'Neil India.According such consent shall be at the sole discretion of William O'Neil India.
7. Intellectual Property Rights: The information and other content that are available through the Service (other than information that is in the public domain that is included therein) and the Software is protected by U.S. copyright law and international treaties and by applicable trade secret law and all such information and other content, including all copyrights, service marks and other intellectual property rights relating to any of the foregoing, are the sole and exclusive property of William O'Neil India, and its affiliated companies, licensors and suppliers. All rights not specifically and expressly granted to you in this Agreement are hereby reserved by William O'Neil India. William O'Neil India actively protects its intellectual property rights to the fullest extent permitted by law.
8. Limited Right to Use: The viewing, printing or downloading of any content, text, information, opinion, material, graphic, form or document from MarketSmith India grants you only a limited, non-exclusive license for use, solely by you, for your own personal use and not for re-publication, distribution, assignment, sub-license, sale, preparation of derivative works or other use or commercial purpose. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or physical, other than for your personal use (but not for resale or redistribution).
9. Alteration and Modification: William O'Neil India reserves the unqualified and unlimited right to amend, modify, alter, edit, delete, suspend or discontinue, temporarily or permanently, MarketSmith India or any portion thereof and/or the information, statistics, services, and/or materials contained and provided on MarketSmith India or any part thereof, with or without prior notice. Members and Viewers understand and agree William O'Neil India shall not be liable in any manner whatsoever to them or to any third party for any such amendment, modification, alteration, editing, deletion, suspension or discontinuance of MarketSmith India.
10. Prohibited Uses: If you wish to link to the Service from a website you operate, you may link only to the MarketSmith India home page and not to any other page or subdomain of this website. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the MarketSmith India website without the express written consent of William O'Neil India. In addition, you agree not to (i) use any device, software or routine to interfere or attempt to interfere with the proper working of Service, (ii) take any action that imposes an unreasonable or disproportionately large load on the William O'Neil India infrastructure, (iii) use any data mining, robot, spider, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process in connection with your use of the Service, including one that may damage, detrimentally interfere with or intercept any system, data or personal information; (iv) transmit viruses or other harmful code; or (v) create liability for William O'Neil India or cause William O'Neil India to lose the services of its ISPs or other suppliers.
11. No Warranty:
a. THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SOFTWARE MAY CONTAIN DEFECTS, BUGS, INOPERABLE FEATURES, ERRORS OR INCOMPLETE CODE. You assume total responsibility and risk for your use of the Service and the Software. William O'Neil India does not guarantee that the Service or the Software will be uninterrupted or error free; it is provided on an "as available" basis. William O'Neil India and its affiliates do not warrant the accuracy, completeness or timeliness of the news and information available through the Service. You acknowledge that any reliance upon any such news, statements or other information shall be at your sole risk.
b. William O'Neil India does not guarantee the accuracy of the information available through the Service and you agree not to rely on any information or other content available through the Service without making your own independent investigation and exercising you own business judgments. Neither William O'Neil India nor any of its data or content providers shall be liable for any errors or delays in the information or other content available through the Service, or for any action taken in reliance thereon.
c. No offer on our part with respect to the sale or purchase of any securities is intended or implied, and nothing contained herein is to be construed as a recommendation to buy or sell any securities. It is possible that at this date or some subsequent date the officers, directors and/or shareholders of William O'Neil India and its affiliates own securities, or buy or sell securities mentioned in the Service is publication or those not so mentioned. Results obtained from our Pattern Recognition tool are hypothetical and may vary with each use and over time. Past performance of a security does not guarantee future results or success.
12. Limitation of Liability: IN NO EVENT SHALL WILLIAM O'NEIL INDIA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR DATA) ARISING OUT OF THE USE OR INABILITY TO ACCESS THE SERVICE OR USE THE SOFTWARE, EVEN IF WILLIAM O'NEIL INDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL WILLIAM O'NEIL INDIA AND ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU BASED ON THE INFORMATION PRESENTED IN THE SERVICE. UNDER NO CIRCUMSTANCES SHALL WILLIAM O'NEIL INDIA AND ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOST PROFITS OR LOST OPPORTUNITY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF WILLIAM O'NEIL INDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WILLIAM O'NEIL INDIA LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF ALL FEES PAID BY YOU TO WILLIAM O'NEIL INDIA.
13. Indemnification: You agree to indemnify and hold William O'Neil India, its parents, subsidiaries, affiliates, officers and employees harmless from and against any and all losses, damages, liabilities, obligations, costs and expenses (including attorneys' fees) resulting or arising from any claim, action or proceeding brought by any third party in connection with or relating to your access to or use of the Service or the Software (or the use of the Service by another person using your password) in breach of this Agreement.
14. Anti-Money Laundering: You agree to co-operate with William O'Neil India in providing any assurances or evidence of compliance with respect to any legislation, regulations or rules concerning anti-money laundering issues and you represent and warrant that you have not been investigated, charged, or convicted for violation of any anti-money laundering rules or regulations.
15. User's Representation: User is not and will not engage in the operation of any illegal business and will not use, or permit anyone else to use, the data obtained through the Service, or any part thereof, for any illegal purpose.
16. Communications from MarketSmith India: William O'Neil India might send all new members communication via email or SMS for verification purposes or otherwise. All subscribers might also receive an email and SMS reminder, when their account is about to expire. Also, an email and SMS on expiry of the account might be sent to users. In response to a user's direct inquiry, William O'Neil India might send email providing assistance with their account or their use of MarketSmith India. Other email and SMS messages will be sent from time to time as deemed appropriate by us. A few sections of MarketSmith India are also sent by email and SMS to all members. Those wishing, not to receive communications from us, can do so from the "My Account" settings page and their preferences are saved and implemented for the future.
17. User Information: William O'Neil India may store the information provided by you during the registration process for the Service, and provide aggregate statistical information about users to potential advertisers and other third parties. William O'Neil India may use the information provided by you to inform you about other publications, products and services. However, no one other than William O'Neil India and its affiliates will receive your name, address, phone number, e-mail address, or other specific personal information, without your consent.
18. Non-transferable: Your right to use MarketSmith India is not transferable. Any password or right given to you to obtain information, content, document or messages (via email or SMS on mobile) is not transferable. Any violation in the same will be considered as a breach of Agreement and liable to immediate account termination without any refund of the active subscription.
19. Severability: In the event any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
20. Amendments: William O'Neil India may amend the terms of this Agreement at any time by posting amended terms to the Legal Agreement page in the About section within the application. You understand and agree that if you use the service after the date on which amended terms are posted, William O'Neil India will treat your use as acceptance of the amended terms. It is your responsibility to monitor whether any amendments to this Agreement have been posted by William O'Neil India and you will be deemed to agree to such amendments effective upon the commencement of the next use of Service if you have not exercised your right to terminate the Agreement prior to such time.
21. Disclaimer and Limits: William O'Neil India Investment Adviser division, is one of the divisions of William O'Neil India Private Limited, which is a company incorporated under the Companies Act 1956. William O'Neil India Investment Adviser division is a registered investment advisor with the Securities and Exchange Board of India and through its online product, MarketSmith India intends to provide quality equity research material and information to its customers.MarketSmith India is a data analytical tool and therefore William O'Neil India only provides data and statistical information related to your queries of stock/equity holdings. MarketSmith India and / or William O'Neil India neither manages funds/money of the investors nor it is an execution platform. MarketSmith India purely based on the Artificial Intelligence (AI) engine and there is no manual bias or intervention in terms of any output that the product throws out. The investments discussed or recommended through MarketSmith India may not be suitable for all investors and hence, you must rely on your own examination and judgement of the stock and company before making investment decisions. All the information available on MarketSmith India is for information purposes only to help you in your decision-making process and shall not be considered as a recommendation or solicitation of an investment or investment strategy to buy or sell any securities.Neither MarketSmith India nor William O'Neil India provide any promise or assurance of favourable view for a particular industry or sector or business group in any manner. You are requested to take into consideration all the risk factors including your financial condition, suitability to risk return profile. Investment based on information available with MarketSmith India shall solely be your responsibility and you should consult your financial advisor before investing. Information and discussions made available through MarketSmith India contain forward looking statements that involve risks, uncertainties and assumptions that could cause actual results to differ materially from those contemplated by the relevant forward-looking statement.You are solely responsible for your investment decisions and are responsible to validate all the information used to make the investment decision. Your investment decision is based on personal investment needs and own investment objectives, judgment, risk profile, financial position, risk tolerance, and performance. Information available on MarketSmith India is one among many other things that should be considered while making an investment decision. William O'Neil India Investment Adviser division or its employees / directors or any of its affiliates/associates, officers, directors, and employees are not responsible for any losses that may arise to any person who has made investments based on the contents of this document. Past performance should not be construed as a guarantee for future returns and no representation or warranty, express or implied, is made regarding future performance. Investments in equity and equity related securities involve a high degree of risks and the user should be clearly aware that prices of securities as well as the income derived from these securities can fall as well as rise as per the market situation. Investment in equities are subject to market risks and despite the best efforts to provide market leading research, William O'Neil India would like to exhort its users to acknowledge and fully understand the risks involved which might include but not limited to loss of both principal and income. Data and content provided through MarketSmith India is to be consumed only by the intended recipient and must not be redistributed any further.
Registered office address: William O'Neil India, Technomark Building, A-4, NGEF Ancillary Industrial Estate, Graphite India Road, Mahadevapura, Whitefield, Bangalore 560048,
Phone: + 91 80 67453802, Fax: + 91 80 6745381, Website: http://www.williamoneil.com/india/,
For investor queries: email@example.com;
For grievances: firstname.lastname@example.org;
For compliance officer: email@example.com,
Corporate Identity Number: U74999KA2012FTC066881, Investment Adviser SEBI Regn. Nos: INA200005125 valid till 11 July 2021.
The information contained and provided on MarketSmith India is of a general nature and it is not our intention to provide any professional advice, solicitation or offer to sell, recommend or purchase securities to Members and/or Viewers of MarketSmith India. All information, statements, opinions, statistics, services and materials contained, provided and posted on MarketSmith India are contained, provided and posted on an "as-is," "as available," basis and all warranties, express or implied, are disclaimed. You must exercise due caution and must verify any and all information sought to be relied upon and/or seek independent professional advice before entering into any commercial or business relationship or transaction with any person or entity, and /or any other party or make any investment or enter into any financial obligation based solely on any information, statement or opinion which is contained, provided, posted or expressed on MarketSmith India. MarketSmith India contains information, statements, opinions, statistics, and materials that have been obtained from sources believed to be reliable and an effort has been made to provide accurate information, however William O'Neil India make no guarantees whatsoever regarding the timeliness, completeness, accuracy, adequacy, fullness, functionality or reliability of the information, statements, opinions, and materials contained, provided and posted on any section of MarketSmith India. William O'Neil India or representative of the company or associated parties may have interest / holdings in some the calls given on MarketSmith India. This disclosure applies to all sections of MarketSmith India unless mentioned otherwise explicitly. Calls given in the various sections are given based on fundamentals and/or technical and/or recent new flows and/or trends, as observed in the market and in the stock. The information and services may contain bugs, errors, problems or other limitations. William O'Neil India and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, William O'Neil India and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if advised of the possibility of such damages. MarketSmith India and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through MarketSmith India shall create any warranty, representation or guarantee not expressly stated in this Agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the content, form or document is disclaimed. William O'Neil India will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use MarketSmith India. The Member or Viewer of MarketSmith India undertakes to indemnify us and our affiliates/associates, officers, directors, employees and partners for any loss suffered on account of use or misuse of content or services sold on MarketSmith India.
23. Third-Party Services: William O'Neil India allows access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that William O'Neil India does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. William O'Neil India is not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances, is William O'Neil India liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to MarketSmith India.
24. Third-Party Merchant Policies: All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. William O'Neil India is not responsible for information provided by you to Merchants. William O'Neil India and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
MarketSmith India Auto-Renewing Subscriptions:
27. Links to other Websites: MarketSmith India might contain links to other websites. William O'Neil India are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on MarketSmith India does not imply approval or endorsement of the linked website by us. If you decide to leave MarketSmith India and access these third-party websites, you do so at your own risk.
28. Information, Media Clippings and Press Releases: MarketSmith India contains information, media clippings and press releases about William O'Neil India, our organization and employees. While this information was believed to be accurate as of the date prepared, William O'Neil India disclaims any duty or obligation to update this information, media clippings or any press releases. Information about companies other than ours contained in the media clippings, press release or otherwise, should not be relied upon as being provided or endorsed by us.
29. Terms of Service: Subscription charges subject to change without notice. Subscription charges provide Members access to premium services of MarketSmith India while other items can be viewed for free. The price in effect when William O'Neil India receives your order will be the price that is charged for subscription. Upgrade offers and special promotions are subject to change. William O'Neil India are not responsible for typographic errors. William O'Neil India does not accept payment in cash. Additionally, there is no money back policy in case you do not find MarketSmith India useful or are dissatisfied with our service. William O'Neil India strictly follows a no-refund policy. Once an order is placed and processed, it cannot be cancelled. All orders are final and any dispute or cancellation will be resolved at our sole discretion. William O'Neil India also reserves our right to disallow anyone from becoming a member on MarketSmith India to maintain decorum. Incase the membership is disapproved, the payment will be refunded to the customer. Answering, refraining from answering or deleting any question or comment posted in MarketSmith India is at the sole discretion of William O'Neil India and cannot be challenged. William O'Neil India shall not be held responsible for this. William O'Neil India may, at our sole discretion, impose a limit on the number of queries a user may post as William O'Neil India deems fit. This may be in the form of hourly, daily or monthly limit for the number of queries a user may post. Change to the username, once provided at the time of registration, might not be allowed. If you do not receive our communication, William O'Neil India will not be held liable or accountable for any monetary or non-monetary loss suffered by you. Any delay in the receipt of the communication is also not our responsibility. Subscription charges or any part of it will not be adjusted towards non-receipt or delay in receipt of the communication. Our SMS alerts will be subject to guidelines of Telecom Regulatory Authority of India (TRAI) and Department of Telecom (DoT) as well as to the terms and conditions of third-party merchants, services of whom William O'Neil India might avail of. By signing up for SMS alerts, you agree to allow us to send you SMS alerts, even if your number is registered in the Do Not Disturb (DND) registry. We do not commit, guarantee, assure or promise any returns based on our recommendations. You act solely based on your individual risk-bearing ability and your perception of the equities market.
30. Governing Law and Jurisdiction: You agree that this Agreement and any dispute relating to it or the Software will be governed by and construed in accordance with the laws of India.This Agreement shall be treated as though it were executed and performed in Bengaluru, India. Any cause of action by you with respect to MarketSmith India (and/or any information or services related thereto) must be addressed to the MarketSmith India and/or William O'Neil India within one (1) week after the cause of action arose failing which the same shall be deemed to have been waived and barred. All actions shall be subject to the limitations set forth in Points 8 and 10 above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be subject to the jurisdiction of Courts in Bengaluru only. You expressly submit to the exclusive jurisdiction of said courts. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with MarketSmith India is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
31. Severability: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed inconsistent with applicable law and the remaining portions shall remain in full force and effect. To the extent, that anything in or associated with MarketSmith India is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
32. Waiver: Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
33. Miscellaneous: William O'Neil India reserves the right to add, alter, modify, withdraw , replace, wholly or in part, any of the contents and/or columns and/or sections by any other contents and/or columns and/or sections, whether similar or not, or withdraw it altogether without any prior notice. In case of dispute with any party, our decision will be binding and final.
35. Special Offers:
36. Duration of Subscription Plans: All users will be entitled to 30 calendar days of subscription under the Monthly plan, 90 calendar days under the Quarterly plan and 365 calendar days under the Annual plan. These are our standard plans and their duration could differ for our Special Offers. MarketSmith India reserves the right to change the duration of the plans without any notice.
37. PortfolioSmith Disclaimers and Disclosures: