Terms and Conditions

Invacia Labs Private Limited (hereinafter referred to as "Company") is a company incorporated under the Companies Act, 2013, CIN: U72900HR2019PTC080074 having registered office at V-18/3, first floor, DLF phase 3, Gurgaon-122002, Haryana, India. Invacia Labs Private Limited is an AMFI Registered ARN Holder Number - 245304 has developed and solely operates mobile applications (“App”, which expression shall include future releases of the application) and websites https://stackwealth.in under brand names Stack Finance. Stack Finance is committed to operating its website and mobile applications with the highest ethical standards and appropriate internal controls.

Please note that your visit, use of or access to our websites https://stackwealth.in and mobile applications (collectively referred to as “Services” or “Application”) are subject to the following terms; if you do not agree to all of the following, you may not use or access the Services in any manner.

Terms of Use

You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions mentioned below, as well as those in the Privacy Policy

1. You are aware and you accept that all information, content, materials, products on the application is protected and secured.
2. Except for your own personal and non-commercial use, you agree that you shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the application.
3. You agree that you will not use the application for any purpose that is unlawful or prohibited by these Terms. You also agree you will not use the application in any manner that could damage, disable or impair the application or interfere with any other party’s use, legal rights, or enjoyment of the application.
4. You acknowledge that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of either Stack Finance or its respective third-party vendors. The permission given by Stack Finance to access the application will not convey any proprietary or ownership rights in the above software/hardware. You agree that you shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying the application or create any derivative product based on such software/hardware.
5. You understand and accept that not all the products and services offered on this application are available in all geographic areas and you may not be eligible for all the products or services offered by Stack Finance on the application. Stack Finance reserves the right to determine the availability and eligibility for any product or service offered on the application.
6. You understand and accept that Stack Finance is not responsible for the availability of content or other services on third party sites linked from the application. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Stack Finance in any way. Stack Finance does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.
7. If performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Stack Finance shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Stack Finance, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
8. By using the services provided through this application, you shall be deemed to have accepted the Terms and Conditions herein including the amended terms and conditions published on the application from time to time.
9. By using the services provided through this application, you shall be deemed to have accepted the Terms and Conditions herein including the amended terms and conditions published on the application from time to time.

Eligibility to Use:
By accepting the Terms of Use, You hereby represent that:

1. You are 18 years of age or older and where you are acting as Guardian on behalf of a minor, you have the necessary authority to register/sign up for the services on behalf of the minor. If Stack Finance learns that we have collected personal information from a person under age 18, we will delete that information as quickly as possible. If you believe that a person under 18 may have provided us with personal information, please contact us at support@stackfinance.co
2. You are of legal age to form a binding contract, are not a person barred from receiving the Platform Services under the applicable laws and are competent to enter into a binding contract. The Company reserves the right to refuse access to the Platform to new Users and any such user who has been suspended or removed by the Company for any reason whatsoever shall not been entitled to avail the Platform Services; and
3. You agree to abide by the Terms of Use, offer documents, investor application form and Risk Disclosure documents and any other information provided by You on and through the Platform for the provision of the Platform Services;
4. The money you invest is from your bank account (primary holder’s bank account in case of Investment Account held jointly), and the same is from legitimate sources and remitted through approved banking channels;
5. You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform;
6. You agree to make an informed independent investment decision by reading the offer documents of the mutual fund schemes that You are investing in; and
7. Before investing, You shall seek independent financial planning, legal, accounting, tax or other professional advice, if required.
8. Stack Finance may contact you by phone and/or E-mail and/or SMS or any other form of electronic communication in connection with your registration, advisory and transactions. You can always opt to stop receiving any or all such communications by writing to support@stackfinance.co.. You can also delete your account at any point of time by writing to support@stackfinance.co.
9. You have read and understood the Privacy Policy published on the website and mobile applications of Stack Finance. The information you provide when you register on the application is true and correct. In the event, your information is not accessible online and you wish to change or delete your personal information or other information that you may have provided, please contact us immediately at security@stackfinance.co

Terms and Conditions pertaining to Stack Coins/ offers/ rewards for services offered by Stack Finance and/or through its affiliates or partners:

• Stack Coins is a program run by the Company that enables users to redeem coins into cash, as per the declared conversion value within the app from time to time. The user is entitled to receive coins through various modes, including through making purchases within the app, availing partners’ services, and/ or any other mode as described by the Company within the app.
• You must agree to the Stack Coins/ offers/ rewards terms and conditions, to participate and win rewards and other offers as made available within the app. You agree that your participation in the offer constitutes your understanding of and agreement to the offer terms and conditions. The offer terms and conditions form a binding legal agreement between you and Stack Finance with respect to the offers, and any undefined terms used in the offer terms and conditions shall have the meaning set forth in these terms and conditions. Stack Finance reserves the right, at its sole discretion, to disqualify any user who does not meet the offer requirements or in case of reasons including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations. Stack Finance also reserved the right to discontinue or change any offer or reward or the Stack Finance offer program at any time, at its sole discretion.
• Offers provided to a particular user may vary from user to user. Please read the offer terms and conditions applicable to your offer as provided in your Stack Finance app carefully.

Terms and Conditions in case of a service being provided through its affiliate or partners;

• You acknowledge and agree that the Company acts as the Merchant/Service Provider’s agent for the limited purpose of collecting interest from you on behalf of the Merchant/Service Provider and sharing your contact details with the Merchant/ Service Provider.
• The prices/ fees reflected on the Merchant/Service Provider’s Website are determined solely by the Merchant/Service Provider. Prices/ fees may change and such changes of price are at the sole discretion of the Merchant/Service Provider and beyond the Company’s control.
• The Merchant/Service Provider shall be solely responsible for any warranty and or guarantee of the service provided and in no event shall it be the responsibility of the Company.
• The transaction is bilateral between the Merchant/Service Provider and the user and therefore, the Company will not be liable to charge or deposit any taxes applicable on such transaction.

Intellectual Property Rights
The Platform and all information, content, materials, products including, but not limited to text, content, photographs, graphics, texts, video and audio content and computer code (“Content”) on the Platform is owned and controlled by the Company and the design, structure, selection and feel and arrangement of the Content is protected by copyright, patent and trademark laws and other various intellectual property rights either in the favour of the Company, or third parties from whom the appropriate permissions have been taken under applicable laws. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and its affiliates or other respective third parties, as the case may be. You are not permitted to use the Marks without the express prior written consent of the Company or the third party that owns the Marks.

Disclaimer of Warranties, Indemnification and Limitation of Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or Platform Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in the Terms of Use.

The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content. Further, the Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or the Platform Services either with or without your knowledge.

The Company and its affiliates have endeavoured to ensure that all the information on the Platform is correct, but the Company and/ or its affiliates neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Platform Services or otherwise. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

The Company is not responsible for the availability of content or other services on third party sites linked from the Platform and the Company urges You to read the terms of use of the respective third party sites, before accessing or registering with any of such third party sites.

The Company shall not be liable for failure or error of any transaction on the Platform.
Further, You will not dispute or hold the Company responsible for:

1. any act that is not an obligation under the Terms of Use;
2. any disclosures made to any statutory body under any law;
3. any loss, notional or otherwise, incurred by You due to delays either at the bank, BSE Star mutual fund, registrar and transfer agency and/or the AMC;
4. rejection of Your instructions by the bank, BSE Star MF, registrar and transfer agency and/or AMC; and
5. processing of instructions authenticated by Your login credentials, non-availability or non-accessibility of the Platform, telephone(s), or office(s) of the Company in case of circumstances beyond the Company's control.

You agree to indemnify the Company, its directors and employees from any losses, damages, penalties, claims, costs and demands (including reasonable attorney fees and legal costs) arising out of breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms of Use or due to your acts or omissions. You further agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights. In no event shall the Company and its officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform. The limitations and exclusions in the Terms of Use apply to the maximum extent permitted by applicable laws.

You warrant that all the details and information provided by You to the Company while using this Platform (including for the purposes of carrying out investments) are correct, accurate and genuine. You further warrant that providing such details and information on the Platform or sharing of the aforesaid details/information shall not violate any third – party rights or the intellectual property right of any third party.

You hereby further acknowledge and agree that You may create a pool or selection of mutual funds (“Portfolio”) either for the purposes of subscription or otherwise (including for the purposes of Your own analysis).

Further, You shall be solely responsible for any investment decision taken by it on the basis of the Portfolio created using this Platform or the system generated analysis of such a Portfolio; and the Company shall not be liable for any loss or damage caused to You or any other users of this Platform due to such an investment decision, or any kind of reliance upon it. The Company specifically and expressly disclaims the accuracy and correctness of the analysis or data generated or reflected while creating such a Portfolio.

User Account, Password and Security

In order to access the Platform Services on the Platform and Your account on the Platform (“Account”), You will have to register on the Platform by providing details including but not limited to mobile number, mother’s name, father’s name, email address, password, date of birth, gender, Permanent Account Number (PAN), signature, marital status, nominee details, cancelled cheque, photograph and video recording, etc. and other information as may be required by the Company from time to time. Your Account will be activated once the Company undertakes Your KYC verification in accordance with the Know Your Client (“KYC”) guidelines issued by the Securities and Exchange Board of India (“SEBI”) based on the information provided by You including personal information.

We may also ask You for certain financial information, including Your billing address, bank account details, credit card number, expiration date and/or other payment related details or other payment method data, and debit instructions or other standing instructions to process payments for the Platform Services. The Company may ask You to provide certain additional information about Yourself on a case to case basis. You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account and also agree to keep your login credentials safe and confidential at all times. You further agree to promptly change your login credentials and inform the Company immediately in case of any actual or suspected unauthorized use of Your Account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

SEBI Caution

Investment in the securities market (including mutual fund investments) are subject to market risks, please read all investments, offer, and scheme-related documents carefully, before investing. For the purposes of these Terms of Use, the term “Offer Document(s)” shall refer to a collective term for Offer Document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum, issued by the Asset Management Company that manages the mutual fund.

Violation of the Terms of Use You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, as the case may be, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

Suspension and Termination: The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform. In case you violate these Terms of Use and/ or any applicable law, the Company may, at any time and in its sole discretion, terminate Your Account and/or prevent You from accessing the Platform and/or Platform Services.

The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your and the Company shall have no liability to You or any third party for doing so. However, Your transaction details may be preserved by the Company for purposes of tax or regulatory compliance.

The Company may modify these terms at any time.

General Provisions

1. Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to support@stackfinance.co with subject line – Attention: TERMS OF USE.
2. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.
3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
4. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

IP Infringement

If You believe the Platform violates Your intellectual property, You must promptly notify the Company in writing at support@stackfinance.co These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

1. the intellectual property that You believe is being infringed;
2. the item that You think is infringing and include sufficient information about where the material is located on the Platform;
3. a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
4. Your contact details, such as Your address, telephone number, and/or email;
5. a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
6. Your physical or electronic signature.

Confidentiality

You acknowledge that, in the course of your relationship with Stack Finance and in using the Services, you may obtain information relating to the Services and/or Stack Finance(“Proprietary Information”). Such Proprietary Information shall belong solely to Stack Finance and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:

1. You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of Stack Finance unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.
2. You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.