Posted as of 30 September 2021
Last updated as of 28 November 2022
This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Application is created and operated by M/s Ijooloo Private Limited, (hereinafter referred to as “We”, “Our”, “Company” and “Us”) a private limited company incorporated under the provisions of the Companies Act, 2013, having its registered address at “#16th Floor, 1601, Plot 590A, Jade Vedant, Bhagawandas Road, Matunga, Mumbai City, Maharashtra, 400019”. We intend to ensure your steady commitment to the usage of this Application and the services provided by us through our Application “OpiGo”.
APPLICATION OVERVIEW AND FUNCTIONALITY
Application is a social networking platform, primarily focusing on creating a community of audience who are inclined towards investment, where users can share their views on stocks & ask for opinion on various asset classes in the form of an opinion poll. The functionalist of the application is based upon the four broad categories as follows:
i. Expanding social network by adding friends, Share media (Photos, videos) on timeline that shall be visible to friends added.
ii. Personal chat (encrypted) and group chat with friends added.
iii. Create a poll named ‘OpiGo Poll’ to get votes from users. (users can create poll by selecting instruments from categories like stocks, mutual funds, ETF, crypto, forex).
iv. Users can create ‘OpiGo stock cards’ to share bullish or bearish views on stocks which shall be visible to friends added.
Further, the application provides information mainly focusing on testimonials, features of applications, pricing plans, blogs, download options and a section to upload qualifications for getting a specified premium option ‘OpiGo’ certified badge.
The functional flow of the application is as follows-
• Sign up: Once downloaded, users shall sign up by entering mobile number and verifying using OTP.
• Profile creation: User shall create a profile by adding basic details like username, DOB, work profile, experience in years, etc.
• Home tab: After creating the profile, user will enter the home page and can view ‘content’ posted by other users to follow.
• Explore tab: User can search for other profiles to follow & explore trending content (open profiles).
• Create tab: User can upload photo, video or create Opigo poll and Opigo stock card to upload on timeline
• Tracker tab: Every post has a track/ save button where user can track post of their interest for future reference. Status of ongoing & concluded polls/ stock opinion cards by the user can be seen on this tab.
• Profile tab: User can view/ edit the profile and settings. Furthermore, all content posted by the user shall be visible at this tab.
• Other Application Functionalities - API Integration: OpiGo poll and Opigo card are API linked. This shall fetch live prices of instruments when uploaded and user can see performance of the stock card at any given time.
• Ad integration: Various spaces in the app shall be monetized for displaying ads. Few functionalities shall be unlocked with rewarded video ads as well if user does not opt for a premium plan. Ads in the form of sponsored polls shall also be displayed on homepage.
• In-app purchases: Premium plans shall be available in order to give an ads free experience and remove limits on various functionalities. An inbuilt payment gateway shall be integrated for smooth experience.
• OpiGo Verified Badge: User who input the SEBI recognized qualifications and submit relevant documents on website shall eligible to get an expert badge on the respective profile after approval from admin panel.
• OpiGo Score: Each profile gets an OpiGo score based on votes given on polls (OpiGo poll) and performance of OpiGo cards shared. It is a backend calculation derived out of multiple rules in order to map the profiles performance.
Registration is mandatory for all users of the application. The Registrations shall be deemed complete only upon the user's authentication and verification of the user's details through the mobile or email authentication. Users cannot link their Facebook or other social media account.
c) You shall not use the Application if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Application.
All the Content displayed on the Application is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.
You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Application and whilst feedback and comments by You can be made via the Application, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Application.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
a. Your use of the Application,
c. Your violation of any rights of another;
e. Your conduct in connection with the Application;
You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.
In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Application and/or the Services or materials contained therein.
LIMITATION OF LIABILITY
a. We are not responsible for any consequences arising out of the following events:
i. If the Application is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii. If you have fed incorrect information or data or for any deletion of data;
iii. If there is an undue delay or inability to communicate through email;
iv. If there is any deficiency or defect in the Services managed by Us;
v. If there is a failure in the functioning of any other service provided by Us.
b. The Application accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Application or any service availed of by Us through the Application. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Application.
e. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Application.
b. You may terminate your use of the Application at any time.
d. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
e. It is also hereby declared that we may discontinue the Services and Applications without any prior notice.
a. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Application, or any portion thereof, at any time, without notice or cause.
b. We also reserve the universal right to deny access to You, to any/all of are on its Application without any prior notice/explanation to protect the interests of the Application and/or other Users to the Application.
c. We reserve the right to limit, deny or create different access to the Application and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using this Application and providing Your identity and contact information to Us through the Application, You agree and consent to receive calls, e-mails or SMS from Us and/or any of its representatives at any time.
You can report to “email@example.com” if you find any discrepancy with regard to Application or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and acknowledges that you are a restricted user of this Application and you:
a. Agree to provide genuine credentials during the process whenever required on the Application. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.
b. Agree to ensure the Name, Email address, Address, Mobile number and any such other information that may be provided and is valid at all times and shall keep your information accurate and up-to-date.
c. You agree that You are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d. Understand and acknowledge that the data submitted is manually entered into the database of the Application. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Application.
e. Authorize the Application to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimization of User-related options and Services.
g. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Application. Any such use/limited use of the Application will only be allowed with the prior express written permission.
h. Agree not to access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface provided by the Application. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application will lead to suspension or termination of your access to the Application. We disclaim any liabilities arising concerning such offensive content on the Application.
i. Expressly agree and acknowledge that the Content generated by the Users and displayed on the Application is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Application, at our sole discretion.
You further undertake not to:
a. Engage in any activity that interferes with or disrupts access to the Application or the services provided therein (or the servers and networks which are connected to the Application);
b. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
c. Probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Application, or any other viewer of the Application, including any User account maintained on the Application not operated/managed by the User, or exploit the Application or information made available or offered by or through the Application, in any manner;
d. Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Application or any affiliated or linked Applications.
f. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Application;
g. Violate any applicable laws, rules or regulations currently in force within or outside India;
i. Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Application;
j. You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Application might be directed to disclose any information (including the identity of persons providing information or materials on the Application) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
k. By indicating Your acceptance to use any services offered on the Application, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
l. You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
m. You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the order and debar You from using the Application without prior intimation whatsoever.
n. You agree not to post any material on the Application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person and to which you have no right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. is in any way harmful to minors;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
viii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
ix. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
x. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Application, and/or refuse to the usage of the Application, without being required to provide you with notice or cause:
b. If you have provided wrong, inaccurate, incomplete or incorrect information;
c. If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
You shall not use any of the intellectual property displayed on the Application in any manner that is likely to cause confusion among existing or prospective users of the Application, or that in any manner disparages or discredits the Application, to be determined in the sole discretion.
You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Application through which You can communicate with other users and the Application does not own any of the intellectual property relating to the independent content displayed on the Application, apart from created graphics and specified content.
DISCLAIMER OF WARRANTIES AND LIABILITIES
a. You agree and acknowledge that we do not provide or circulate any financial or investment advice whatsoever nor does our Company is Securities and Exchange Board of India (SEBI) registered as we are only a tech-based platform for users who wish to join and discuss investments related information in the form of our “Opigo poll and ‘Opigo card.
b. We do not guarantee that the data shared by you though our ‘Opigo stock cards’, to give bullish or bearish views on various instruments like stocks, ETF, crypto, is capable of producing desired results. Such users may or may not be qualified as per SEBI to give advice and we shall not be liable for any stock advice shared through our “Opigo Card” as it will only be designed in a way of an online post where the user has shared his own portfolio update by adding friends.
c. You agree and acknowledge that while we attempt to verify profiles and give a badge to identify as SEBI recognised advisor, there may be chances of advisors providing false information which we won't be held liable for the same. You also agree to check and put your finances/ investment after doing independent research as our ‘expert badge’ advisors cannot guarantee desired results.
d. We do not guarantee the genuineness of the advisors SEBI registration certificate on our application as at any point of time the advisors may no longer be SEBI registered, but may have a verified badge before their name on our application which the users are expected to intimate us on expiry and/or renewal.
e. You further agree to not use the application for manipulating the ‘OpiGo Score’, and if found in contravention, the user may be liable for penal consequences.
f. You undertake that we are only a platform where you can ask for advice in any security related questions to get an answer in the form of aggregate result poll and you also herby accept to do individual research before investing.
g. You further agree and undertake that you are accessing the Application at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Application or accessing/using any information displayed thereon.
h. You agree and acknowledge that any kind of information, resources, activities, recommendations obtained/availed from the Application, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
i. We do not guarantee that the features and content contained in the Application will be uninterrupted or error-free, or that the Application or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Application.
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai, Maharashtra, India.
M/s Ijooloo Private Limited
#16th Floor, 1601, Plot- 590A, Jade Vedant, Bhagawandas Road, Matunga, Mumbai City,