Our goal is to help you find an efficient way to buy or sell private company shares online.
By using the website, information, tools, features and functionality located on SharesVault (hereinafter referred together as the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the SharesVault website) or you are a “Member” (which means that you have registered with SharesVault). The term “you” or “User” refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service, you must first register at www.SharesVault.com/register. You may not use the Service and you may not accept this Agreement if you are not of a legal age (for India, the legal age is 18 years or older) to form a binding contract with SharesVault. By accepting this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. You may print or save a local copy of this Agreement for your records.
3. The SharesVault Service
At SharesVault, we provide a platform for members that will result in enhanced liquidity for unlisted company shares. Buyers and sellers that would not otherwise have found one another will be able to transact and pricing will be set by the dynamics of the open market.
4. Information from Third Parties
SharesVault may work with one or more third-parties to provide certain online information in connection with the Service. SharesVault does not endorse or guarantee any such third-party information for any purpose, including but not limited to accuracy, legality or non-infringement. SharesVault is not responsible for the products and services offered by third-parties, or on third-party sites.
5. Offers and Third-Party Links
Some parts of the Service may be supported by sponsored links from advertisers and display offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information.
In connection with any such offers, the Service may provide links to other web sites belonging to SharesVault advertisers and other third parties. SharesVault does not endorse, warrant or guarantee the products or services available through any such offers (or any other third-party products or services advertised on or linked from our site), and SharesVault is not an agent or broker or otherwise responsible for the activities or policies of those web sites.
6. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID, e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify SharesVault immediately at the email address – firstname.lastname@example.org.
7. Your Use of the Service
Your right to access and use SharesVault and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use SharesVault for lawful purposes.
In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you may be affected.
Your access and use of SharesVault may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of SharesVault or other actions that SharesVault, in its sole discretion, may elect to take. SharesVault cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. SharesVault cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
8. Online and Mobile Alerts
SharesVault may from time to time provide email and/or SMS automatic alerts and voluntary account-related alerts including but not limited to event notifications, security alerts, offers or latest transactions.
Automatic alerts may be sent to you following certain changes made online to your SharesVault account, such as a change in your Registration Information. You do not need to activate these alerts. Although you may have the option to suppress some of these automatic alerts, we recommend that you do not since they may be security-related.
Voluntary account alerts may be turned on by default as part of the Service. SharesVault may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service.
Any such electronic alerts will be sent to the email address you have provided as your primary email address or mobile SMS for SharesVault. If your email address or your mobile device’s email address or phone number changes, you are responsible for informing us of that change/updating your record yourself. Changes to your email address/mobile number will apply to all of your alerts.
Alerts may include your SharesVault Login ID and some information about your accounts. Anyone with access to your email/SMS will be able to view the content of these alerts. At any time you may disable future alerts.
9. Alert Disclaimer
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. SharesVault does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that SharesVault shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. You acknowledge that regardless of any alert notifications requested, you will be responsible for checking and validating any information online on sharesvault.com
10. Rights You Grant to Us
As the owner of any information, data, passwords, usernames, PINs, other log-in information, materials or other content (collectively, “Accounts Content”) you provide to us through the Service, you are licensing, free of any charge, the Accounts Content to SharesVault solely for the purpose of providing the Service. SharesVault may use such Accounts Content, but only to provide the Service to you. By submitting Accounts Content, you represent that you are entitled to submit it to SharesVault for use for this purpose, without any obligation by SharesVault to pay any fees or other limitations.
You hereby authorize and permit SharesVault to use information submitted by you to the Service (such as account passwords and users names) to configure the Service so that it is compatible with the third party sites. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
11. SharesVault’s Intellectual Property Rights
The contents of SharesVault, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under India and other applicable copyright, trademark and other laws.
The contents of SharesVault belong or are licensed to SharesVault or its software or content suppliers. SharesVault grants you the right to view and use SharesVault subject to these terms. You may download or print a copy of information provided on SharesVault for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from SharesVault, in whole or in part, for any other purpose is expressly prohibited without our prior written consent.
12. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor SharesVault or any portion of SharesVault, without SharesVault’s express written consent, which may be withheld in SharesVault’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search SharesVault, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of SharesVault or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of SharesVault or the Service.
13. Rules for Posting to Bulletin Boards, Blogs or Elsewhere on the Service
As part of the Service, SharesVault may allow Members to post content on bulletin boards, blogs and/or at various other publicly available locations on SharesVault.
- You are responsible for all content you submit to SharesVault.
- By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with SharesVault and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through SharesVault, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of SharesVault and under this Agreement.
- You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of SharesVault, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in any areas (e.g., a classified bulletin board) that may be designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of SharesVault that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
- You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
14. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH SHARESVAULT OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SHARESVAULT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF SHARESVAULT OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
SHARESVAULT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON SHARESVAULT OR OF THE SERVICE, WHETHER SUCH CONTENT IS PROVIDED BY SHARESVAULT OR BY A USER OF THE SERVICE, AND SHARESVAULT EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SHARESVAULT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
15. Not a Registered Exchange, Financial Planner, Broker-Dealer, Investment Adviser or Tax Advisor
NEITHER SHARESVAULT NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT OR FINANCIAL ADVICE.
SharesVault is not a registered exchange under the Securities Exchange Board of India (SEBI). Rather, SharesVault is a passive bulletin board for the use of its registered members.
SharesVault is not a registered broker or dealer under the Securities and Exchange Board of India (Stock Brokers and Sub-Brokers) Rules, 1992 & the Securities and Exchange Board of India (Stock Brokers and Sub-Brokers) Regulations, 1992.
SharesVault is not a registered merchant banker under the SEBI (Merchant Bankers) Regulations, 1992.
SharesVault also is not a financial or tax planner, and does not offer legal advice to any user of the service.
Your personal financial situation is unique, and any use of the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any transaction, you should consider obtaining additional information and advice from financial and/or legal advisers who are fully aware of your individual circumstances.
16. Limitations on SharesVault’s Liability
SHARESVAULT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO SharesVault, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF SharesVault HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SHARESVAULT LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO RS. 1000 (INDIAN RUPEES ONE THOUSAND ONLY) OR THE AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO SHARESVAULT WITHIN THE PAST ONE-YEAR, IF ANY, WHICHEVER AMOUNT IS GREATER.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SHARESVAULT SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE ACCRUES – OTHERWISE, ANY SUCH CAUSE IS PERMANENTLY BARRED.
17. Your Indemnification of SharesVault
You shall defend, indemnify and hold harmless SharesVault and its affiliates, officers, directors, shareholders, employees, agents, consultants and advisers, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
18. Ending your relationship with SharesVault
This Agreement will continue to apply until terminated by either you or SharesVault.
If you want to terminate your legal agreement with SharesVault, you may do so by closing your account for the Service.
Please use the directions below to cancel your account:
- Login to your SharesVault account.
- Go to “My SharesVault”.
- Locate the “Delete Account” option
- Select “Delete my Account”.
- Enter in the password for your SharesVault account.
- Select “Yes”
- Your SharesVault account will be removed.
SharesVault may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if SharesVault in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- for any or no reason, in SharesVault’s sole discretion, immediately upon notice to the e-mail address provided by you as part of your Registration Information.
19. Modifications of this Agreement
SharesVault may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through a prominent notice on the SharesVault site. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you visit the SharesVault website and/or use the Service after those changes are posted.
20. Governing Law and Venue for Disputes
This Agreement, and your relationship with SharesVault under this Agreement, shall be governed by the laws of Ahmedabad, Gujarat, India without regard to its conflict or choice of laws provisions. Any dispute with SharesVault, or its affiliates, officers, directors, shareholders, employees, agents, consultants and advisers, arising under or in relation to this Agreement shall be resolved exclusively within the county of India, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case SharesVault may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, SharesVault is able to offer the Service at the terms designated, to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with SharesVault, its affiliates, officers, directors, shareholders, employees, agents, consultants and advisers, arising out of or relating to your use of the Service or this Agreement:
* YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
* YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if SharesVault does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which SharesVault has the benefit of under any applicable law), this will not be taken to be a waiver of SharesVault’s rights and that those rights or remedies will still be available to SharesVault.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.