Terms and Conditions

Terms and Conditions for use of KyaTrade

KyaTrade is research solution offered by Samco Securities Ltd to its client, (hereinafter referred to as Samco) having registered office at 1004 - A, 10th Floor, Naman Midtown - A Wing, Senapati Bapat Marg, Elphinstone Road, Mumbai - 400 013, Maharashtra, India, having Stock Broking SEBI Reg. No. INZ000002535 and SEBI (Research Analysts) Reg. No. -INH000005847. Samco is Member of NSE, BSE, MCX, MSEL and CDSL offering flat fee online broking and demat services. Samco is neither suspended or debarred by any Regulatory Authorities to conduct business in India.

KyaTrade is a platform that helps Client choose from expert created ideas for trading and investments. Ideas on KyaTrade are regularly monitored by Samco. The Client can simply buy the ideas on KyaTrade in the a swipe and enjoy the benefits of direct investing while at the same time get the benefit of expert advice in the form of what to buy or sell and in what quantities.

Execution Services with Samco

The investor will have to first open a trading and demat account with Samco through its online account opening process which will then act as an execution platform for buying or selling Ideas on KyaTrade which entail transactions on individual stocks in a pre-defined proportion/quantity. In doing so all the terms and conditions, rules and regulations shall be applicable which are otherwise applicable to clients using Samco’s execution services The website link for Policy and Tariffs can be accessed here https://www.samco.in/samco-rms-policy , link for terms of use https://www.samco.in/legal-and-terms-of-use , and link for tariffs https://www.samco.in/pricing . The users of KyaTrade shall be bound by these terms and conditions as mentioned in the links above.

No Solicitation to Buy/Sell

Ideas on KyaTrade are not to be construed as a solicitation of an offer to buy / sell any security in any jurisdiction where such offer or solicitation would be illegal. Ideas on KyaTrade do not constitute a personal recommendation or take into account the particular investment objectives, financial situations, risk profile and needs of individual clients. Clients are advised to take appropriate guidance from their Financial Advisers before investing into Ideas on KyaTrade.

All information present on “KyaTrade” platform is to help investors and traders in their decision making process and shall not be considered as a recommendation or solicitation of an investment or investment strategy. Investors are responsible for their investment decisions and are responsible to validated all the information used to make the investment decision. Investor should understand that his/her investment decision is based on personal investment needs and risk tolerance, and performance information available on “KyaTrade” platform is one among many other things that should be considered while making an investment or trading decision. Past performance does not guarantee future returns and performance of “KyaTrade” Strategies or ideas or any investment you make on the platform are subjected to market risk. The contents and data available on “KyaTrade” platform, “KyaTrade’s numbers and rationale are for information and illustration purposes only. Charts and performance numbers are back tested/simulated results calculated via a standard methodology and do not include the impact of transaction fee and other related costs. Data used for calculation of historical returns and other information is provided by exchange approved third party data vendors, and has neither been audited nor validated by SAMCO. Investors should be aware that system responses, execution price, speed, liquidity, market data, and account access times are affected by many factors, including market volatility, size and type of order, market conditions, system performance, and other factors. Trading in derivatives is extremely risky, and can wipe out your entire capital and more.

Accounts, Passwords and Security

To become a registered user, you must login to KyaTrade with your SAMCO trading login credentials.

FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. We may hold you liable for any losses incurred by SAMCO Securities Limited or any other party due to someone else’s use of your account or password. You agree to notify SAMCO Securities Limited by writing to support@samco.in immediately upon your becoming aware of any unauthorized use of your account or any other breach of security involving your account. SAMCO Securities Limited will not be liable for any loss that you or any other party may incur as a result of someone else’s use of your password or account, either with or without your knowledge.

Prohibited Activities

We use the term “Content” to mean entire or partial strategies, trading strategies, data transformations, data analysis and manipulation functions, tools, software, data, databases, text, messages, images, graphics, video files, audio files, ideas or any other information and materials. We use the term “Shared Content” to mean the Content (other than third party data) that we, you, or other Registered Users of SAMCO Securities Limited post in publicly accessible areas of the Site and Services. Third party data is subject to the terms and conditions of the provider of such data. Other than as provided at the end of this Section in respect of Shared Content, you acknowledge and agree that you will NOT:

i. Copy, modify, publish, transmit, distribute, transfer or sell, create derivative works of, or in any way exploit, any of the Content accessible through the Site not submitted or provided by you, including by use of any robot, spider, scraper, scripting, deep link or other similar automated data gathering or extraction tools, program, strategic or methodology, unless you obtain SAMCO Securities Limited’s prior written consent; use the Site or Services to advertise, market, sell, or otherwise promote any commercial enterprise that you own, are employed by or are otherwise compensated by, either directly or indirectly; use any engine, software, tool, agent or other device or mechanism to navigate or search the Site, other than the search engines and agents available through the Service and other than generally available third party web browsers; copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; access the Site or use the Services by any means other than through SAMCO Securities Limited-provided or approved interfaces; transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or which may invade another's right of privacy or publicity;

ii. post or transmit any material that contains a virus, worm, Trojan horse, or any other contaminating or destructive feature; post or transmit information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; use any of the Site’s or Service's communications features in a manner that adversely affects the availability of its resources to other users; post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resumé information such as opinions or notices, commercial or otherwise; access or use the Site or Services to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated under any such law; upload or transmit any material that infringes, violates or misappropriate any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party or violates a third party’s right of privacy or publicity; manipulate or otherwise display or obstruct portions of the Site and/or the Services by using framing or similar navigational technology; register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any SAMCO Securities Limited product or Service if you are not expressly authorized by such party to do so;

iii. use the Site and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions; use the Site or the Services in any manner that could damage, disable, overburden or impair SAMCO Securities Limited’s servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services; attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to SAMCO Securities Limited through hacking, password mining, brute force or any other means; obtain or attempt to obtain any Content through any means not intentionally made available as Shared Content through the Site or the Services; or knowingly provide any Content that is false or inaccurate or will become false or inaccurate at any time.

iv. use of any third party services/software/mechanisms/tool/plugins/code injections on KyaTrade/SAMCO website/app or any other KyaTrade/SAMCO services.

LIMITATION OF LIABILITY

Subject to overall provision in paragraph above, you expressly understand and agree that SAMCO, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

  • Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
  • Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
    • Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
    • Any changes which SAMCO may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
    • The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
    • Your failure to provide SAMCO with accurate account information

EXCLUSION OF WARRANTIES

  • Nothing in these terms, shall exclude or limit SAMCO’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
  • You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "As is" and “as available.”
  • In particular, SAMCO, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: ○ Your use of the services will meet your requirements, ○ Your use of the services will be uninterrupted, timely, secure or free from error, ○ Any information obtained by you as a result of your use of the services will be accurate or reliable, and ○ That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
  • Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from SAMCO or through or from the services shall create any warranty not expressly stated in the terms.
  • SAMCO further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

REFUND POLICY & SUBSCRIPTION CANCELLATION

  • For paid services - you can choose from a monthly subscription plan or an annual plan and choose to pay with your funds in your SAMCO trading account or other payment methods. On date of renewals, in case your SAMCO account has available balance on billing date, the fee shall be deducted from account else your payment mode shall be charged. You can cancel your subscriptions at any time. Charges shall auto-renew until cancelled before next renewal date.
  • No refunds shall be granted once payment is made.

Standard Disclaimers

All investments in equities are inherently subject to market risks which may not lead to expected returns and sometimes even result in negative returns or loss of complete capital. Financial markets are prone to multiple risks like politics, economics, social, global environment, stock specific risks and black swan types of events which may lead to suboptimal returns via KyaTrade, Samco research does not assure that it will be able to control or mitigate or comprehend all such risks. Clients therefore must understand such risks and their ability, willingness and capability to take risk must be assessed by themselves before investing via KyaTrade.

The Disclaimers of Samco applicable to KyaTrade research is available in the below mentioned link https://www.samco.in/disclaimer

Privacy policy

The Privacy policy applicable to all clients is available in the below mentioned link https://www.samco.in/privacy-policy

Taxation Laws

The Client agrees and understands that actual returns earned on KyaTrade are subject to applicable taxes as per their own profile under Indian Income Tax Act which they are solely responsible to comply with the same. However, Samco has not considered at all such Tax component at the time of recommendation of ideas.

Force majeure

SAMCO Securities Limited shall not be responsible for delay or default in the performance of their obligations due to contingencies beyond their control, such as (including but not limited to) losses caused directly or indirectly by exchange or market rulings, suspension of trading, fire, flood, civil commotion, earthquake, war, strikes, failure of the systems, failure of the internet links or government/regulatory action.

Jurisdiction

This is a legally binding contract between Samco Securities Ltd and client using the services of KyaTrade App/Website. By using the services of KyaTrade, the client gives his/her/its consent to abide by all the terms and conditions at all times. Terms are to be construed as per prevailing laws of India. Both Parties submit to the Jurisdiction of Mumbai, India for any disputes arising hereunder. Acceptance Date of these agreement shall be online on the date of First Download of KyaTrade app or Execution of KyaTrade on the website.