Risk Disclosures & Disclaimers

This document lays out the Disclosures and Disclaimers that apply to the access and use of the Platform (defined hereinafter) through the Website “www.wintwealth.com” (hereinafter referred to as “Website”), its mobile application, including any other subdomain or platform which is owned, developed, managed or operated by Fourdegreewater Services Private Limited and/or its affiliates, (hereinafter referred to as “App”). Fourdegreewater Services Private Limited is a company incorporated under the laws of India and registered under the Companies Act, 2013 (hereinafter referred to as “Company” or “We” or “Us” or its connotations). The Website, App and the other aforesaid subdomain or platform shall be collectively referred to as “Platform”. The words, "You", “Your” and “User” refer to the person(s) who use and avail the services and products through the Platform and shall include both singular and plural. The term “Users”, for the purposes of this Disclosure and Disclaimer shall be read as You. Any capitalized words not described herein shall have the meaning ascribed to it in the Privacy Policy and/or Terms and Conditions of the Platform.

In compliance with the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures. Your acceptance to these terms as laid down under the Disclosure and Disclaimer shall be considered as Your consent to use the services and products provided by the Platform (collectively referred to herein as “Services”) in accordance with the terms and conditions laid down by Us.

1. The Platform, including any content or information contained within it or any site linked to the Website/App, or any product or service licensed or purchased through it, is provided on an "as is" basis and without warranties of any kind, either express or implied, including, but not limited to warranties of title or non-infringement or warranties of merchantability and fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable.

2. The Company or the Platform do not warrant that Your access to the Website/App and/or related Services will be uninterrupted or error-free, that defects will be corrected, or that the Website/App or the servers provided herein is free of viruses or other harmful components. Access to and use of the Platform and the information provided herein is at Your own risk and the Company or the Platform does not undertake any accountability for any irregularities, viruses or damage to any computer/mobile phone or any other electronic devices used to access the Services.

   We do not warrant or make any representations regarding the use of or any consequences resulting from the use of any product and/or Service purchased in terms of its compatibility, correctness, accuracy, and reliability or otherwise. You assume total responsibility and risk for Your use of the Platform and all related Services.

3. You agree that, except as provided under the Platform’s Privacy Policy and Terms and Conditions found on the Website, the Company and its directors, officers, employees, agents, sponsors, consultants, business partners , third party service providers of various Services or other representatives ('Service Providers') shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability or any other theory arising out of or relating in any way with the use of the Platform or in reliance of the information available on the Platform, related Services, or any products or services offered or sold or displayed on the Platform, beyond or in excess of the minimum amount as prescribed under the regulatory guidelines.
4. The price and value of investments and the income derived from them can increase or decrease based on the exchange rates. Changes in the rate of exchange may have an adverse effect on the value, price and income from investments. The Services and investments referred to on the Platform may have tax consequences and it is important for You to bear in mind that we do not provide tax advice of any sort. The level of taxation depends on individual circumstances and such levels and bases of taxation can change. You are advised to consult a professional tax advisor in order to understand any applicable tax consequences.
5. We do not make any personal recommendations. The information on the Platform is provided solely to enable investors to make their own investment decisions and does not constitute a recommendation to buy, sell or otherwise deal in investments. The Services We offer may not be suitable for all Users. In case of any doubts, You are advised to seek advice from an independent professional financial adviser.
6. This Platform is only available to residents in India and is presently not available to foreign residents including non resident Indians (NRIs) in foreign jurisdictions where the services cannot be offered without prior regulatory compliance. The Services provided on the Platform do not constitute an offer of sale or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
7. You understand and agree that no joint venture, partnership, employment or agency or any other pecuniary relationship exists between You and Us as a result of the Services provided to you or on account of use of the Platform.
8. Price and availability of products and Services offered on the Platform are subject to change without prior notice.
9. Related Party Disclosures:

   You acknowledge and understand that

   1. The Company may itself be the seller of certain available bonds on the Platform where such issue is a secondary transaction.
   2. Fourdegreewater Capital Private Limited is a group entity of the Company, which may also be a seller of available bonds on the Platform. This entity also provides business support services to the Company in the nature of platform usage, marketing and customer support service amongst others.
   3. The Company itself may act as a ‘arranger’ or ‘structurer’ in the primary issue, for the issuers, of various bonds which are available on the Platform.
   4. You understand that the Company is a stock broker which holds a broking licence in wholesale debt segment. The entity runs an online bond platform in accordance with applicable regulations by SEBI, in its debt segment.
   5. The businesses being operated under the wholesale debt segment as a broker function independently and in accordance with applicable SEBI regulations.
   6. You understand that other Service Providers on the Platform may also be group entities of the Company. Fourdegreewater Finvest Private Limited is another group entity of the Company which independently runs a distribution service for various financial products.

You acknowledge and agree that the Company has offered its Services, set its prices, and entered into this Agreement in reliance upon the limitations of liability set forth herein and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and the Company. The limitations of liability set forth herein form an essential basis of the bargain between You and the Company. The Company would not be able to provide the Services to you on an economically reasonable basis without these limitations. In all cases, Company and its directors, officers, employees, agents, sponsors, consultants, business partners or Service Providers, will not be liable for any loss or damage that is not reasonably foreseeable or beyond control or management of the Company or within control or management of external partners or third party service providers.

Our automated systems may collect and analyze data about Your browsing patterns or investment choices on the Platform, sometimes even with the help of third party Service Providers, to provide You personally relevant product features, such as customized search results, tailored messages, product features and advertising and this analysis occurs as the content about Your usage is collected in Our systems. Platform makes use of this data to personalise and customise Your experience on best efforts basis and urges You to make Your own investment decisions by studying and understanding the investment products. All investment decisions shall be made at Your sole discretion. Mere viewing of certain information on the App or Website does not amount to advisory.

The Platform and Services may contain links, information or pointers to other websites or services for payments, information verifications, information processing, transaction processing or other required / appropriate services, however You should not infer or assume that the Platform or the Company operates, controls, manages or is otherwise connected with these other websites. When You click on a link within the Platform, You may or may not be warned that You have left the Platform App / Website and are subject to the terms and conditions, disclaimers (including privacy policies) of another website or its partners & service providers. You are advised to read the terms of use and privacy policy of any other website before providing any confidential information or engage in any transactions. You should not rely on Our Privacy Policy, Terms and Conditions and this Disclosure and Disclaimer to govern Your use of another website. The Company and latform shall not be responsible for the content or practices of any other website even if it links to the site and even if the website is operated by a company affiliated or otherwise connected with the Platform. You acknowledge and agree that the Platform is not responsible or liable to You for any content or other materials hosted and served from any website other than the Platform App / Website.

You understand and agree that all communication will be shared by Platform to Your email id and mobile number updated under communication details as a part of user profile with the Platform. In case of any change in the email id and / or mobile number at which communication needs to be shared, You shall make the necessary changes mandatorily in record with the Platform or other external entities as directed by regulations or best practices in the market. You shall confirm that the information / details provided by You is true, accurate, correct and complete on the Platform.

You understand that opening an account is subjected to correct, complete and accurate information provided for Know Your Client (KYC) verification as per the regulations applicable. The Platform will collect all necessary information from You required for KYC verification. Such KYC information will be sent to KYC Registration Agency (KRA) and the Platform shall not be responsible for any delay in processing the KYC request from the 3rd party agencies. The Platform shall have no control on acceptance or rejection or timelines for Your KYC information.

You understand and agree that failure to provide required documentation and information may result in rejection of KYC by the Platform or KRA or Exchanges / Depositories / CERSAI / any regulated entity, or AMC / RTA. You agree that the Platform has every right to reject the KYC application, if there is any erroneous, incomplete or misleading information provided by You or for any other reason whatsoever with / without assigning any reason or if KYC documents submitted do not comply with the KYC norms of SEBI as per regulations. The Platform or KRA or Exchanges / Depositories or CERSAI or AMC / RTA or Bank or any such regulatory organization can seek additional details for completing due diligence of the User if required as per regulations or if requested by Exchanges / Depository / KRA / CERSAI / AMC / RTA / UIDAI or any such regulatory or governing agency.

Personal Information provided by You will be used by Platform for opening the User’s account on the Platform and processing User’s KYC and will be shared with other partners like Exchanges, Depository, KRA, CERSAI, AMCs and RTAs as per the regulations or on basis of regulations & guidelines covering the products & Services availed by You. The User shall be responsible for providing correct Personal Information which should match with the supporting documents or information provided for verification.

We shall validate the User's bank account(s) by validating the bank account holder name against the User's name as per his or her KYC records. This may be done based on automated technology integration with User’s bank or via manual check of the corresponding details (account holder name / account number) on a cancelled cheque / account statement / passbook / bank letter etc. The Company/Platform shall take no liability for modification in bank account ownership details post validation, unless specified by the User and it will be the responsibility of the User to keep the bank account details updated.

The Platform shall use the services of Unique Identification Authority of India (UIDAI) to facilitate KYC of the Users as per the prevailing regulations. The usage of UIDAI services will be governed by UIDAI terms and conditions. In case of any ambiguity or doubts, You are advised to verify / check with the department(s) and / or other source(s) including regulations from respective regulators or governing authorities or processes as defined by Exchanges, Depository, AMCs, RTAs or other entities, and / or to obtain appropriate professional advice.

Account opening form will be generated by the Platform based on the information provided by You for KYC. We shall not be held responsible or have any control over rejections made by or KRA or Exchanges / Depositories / CERSAI / any regulated entity, or AMC / RTA any KYC or regulatory bodies on the basis of information shared and submitted by You.

Transactions between You and the Company through the Platform shall be governed by and construed in accordance with the laws of India. Any litigation regarding the agreements entered into or any transaction between You and the Company or any action at law or in equity arising out of or relating to these agreements or transaction shall be filed only in the Competent Courts of Bengaluru, India and You hereby agree, consent and submit to the jurisdiction of such courts for the purpose of litigating any such action.

The stock exchanges shall not be answerable, responsible or liable to any User for any act of omissions or commission, errors, mistakes and/or of the Company its partners, agents associates and Service Providers etc., or for of any non-compliance of the rules, regulations, bye-laws of the stock exchanges, SEBI or any other laws in force from time to time. The stock exchanges shall not be answerable, responsible or liable for any information on the Platform or for any services rendered by Us, Our employees and Our Service Providers.

Please note that any of Your personal details; including but not limited to, registered contact number, password, login information, email ID, date of birth, bank account, address etc., is strictly not shared with any third party i.e. any non-affiliate of Platform, without Your express consent.

We or any of our affiliates, employees, agents or any Service Providers would never contact You and ask You for your personal details such as Your login information, password, Aadhaar OTP, bank account details and such other related information. Please do not provide any details to queries from calls where such information is asked by the caller who impersonates to be an affiliate of the Company/Platform. For reporting any such information or for further queries with regard to this, please contact hello@wintwealth.com.