Terms of Service · Marathon Trends

www.marathontrends.com (the “Website”) is owned and operated by Marathontrends Advisory Pvt Ltd (the “Company”), a SEBI-registered Portfolio Manager, registered under the SEBI (Portfolio Managers) Regulations, 1993, Registration No. INP000005722, with its principal place of business in India.

Please read. PLEASE READ THE FOLLOWING TERMS OF USE, DISCLAIMER AND LEGAL NOTICE (collectively, the “Terms”) CAREFULLY BEFORE ACCESSING, BROWSING, SUBSCRIBING TO, OR OTHERWISE USING THIS WEBSITE OR ANY CONTENT, DATA, REPORT, ALERT, ANALYSIS, SERVICE OR PRODUCT AVAILABLE HEREON (collectively, the “Materials”). BY MERELY ACCESSING THIS WEBSITE, AND WITHOUT ANY FURTHER ACT ON YOUR PART, YOU ARE DEEMED TO HAVE UNCONDITIONALLY AND IRREVOCABLY ACCEPTED AND AGREED TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THIS WEBSITE AND MUST EXIT IMMEDIATELY.

1. No offer, no solicitation, no advice

1.1 The Materials on this Website are published strictly and solely for general informational and educational purposes and do not constitute, under any circumstances:

(a) an offer, solicitation, invitation or recommendation to buy, sell, subscribe to or deal in any securities or other financial instruments;
(b) investment advice, financial advice, legal advice, tax advice or accounting advice of any nature; or
(c) a “personal recommendation” within the meaning of applicable SEBI regulations or any other law.

1.2 The Materials do not take into account, and are not intended to take into account, the particular investment objectives, financial situation, risk appetite or specific needs of any individual investor. Nothing on this Website shall be construed, directly or indirectly, as a recommendation tailored to any person.

1.3 All investment and trading decisions made by any person are and shall remain solely and exclusively that person’s own responsibility and decision. You are strongly advised to obtain independent professional advice from a SEBI-registered investment adviser, a chartered accountant, a lawyer or other qualified professional before making any investment decision.

2. Absolute and unqualified disclaimer of liability — read carefully

THIS IS THE MOST IMPORTANT PROVISION OF THESE TERMS.

2.1 TO THE FULLEST AND MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, MARATHONTRENDS ADVISORY PVT LTD, ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, VENDORS, AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL NOT, UNDER ANY CIRCUMSTANCES WHATSOEVER — WHETHER EXPRESS, IMPLIED, STATUTORY, CONTRACTUAL, TORTIOUS OR OTHERWISE — BE LIABLE, RESPONSIBLE, ACCOUNTABLE OR HELD ANSWERABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER LOSSES, DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, EXPENSES, PENALTIES, ACTIONS, SUITS OR PROCEEDINGS OF ANY NATURE, INCLUDING WITHOUT LIMITATION:

(a) any loss of capital, loss of profits, loss of opportunity, loss of income, loss of savings, loss of business, loss of goodwill or loss of data, arising directly or indirectly from or in connection with:

your access to, use of, reliance on, or inability to access or use this Website or the Materials;
any investment, disinvestment, purchase, sale or holding of any security or financial instrument made or not made by you, whether or not based on, influenced by, or attributable in any manner whatsoever to the Materials;
any delay, interruption, suspension, discontinuance, error, inaccuracy, omission, or unavailability of the Website or any Materials;
any virus, malware, harmful code, defect or damage to your computer system, device, data or software arising from your use of this Website;
any act, omission, conduct, representation or statement of any third party, broker, exchange, data provider or service provider;

(b) any decision taken or not taken by you, for any reason whatsoever, whether or not based on the Materials;

(c) any reliance placed by you on the accuracy, completeness, timeliness, suitability or availability of any information on this Website — all such information is provided strictly on an “AS IS” and “AS AVAILABLE” basis, without warranty of any kind.

2.2 UNDER NO CIRCUMSTANCES, EVENT OR SITUATION WHATSOEVER — INCLUDING, WITHOUT LIMITATION, FRAUD, NEGLIGENCE (WHETHER SOLE, JOINT, CONTRIBUTORY OR VICARIOUS), GROSS NEGLIGENCE, BREACH OF CONTRACT, BREACH OF DUTY (STATUTORY, FIDUCIARY OR OTHERWISE), OR ANY OTHER THEORY OF LIABILITY — SHALL ANY OF THE RELEASED PARTIES BE HELD RESPONSIBLE, AND YOUR ACCESS TO AND USE OF THIS WEBSITE IS ENTIRELY AND EXCLUSIVELY AT YOUR OWN RISK.

2.3 YOU HEREBY EXPRESSLY, UNCONDITIONALLY AND IRREVOCABLY WAIVE, RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, RIGHTS AND REMEDIES, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, THAT YOU MAY HAVE OR CLAIM TO HAVE AGAINST THEM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR THE MATERIALS. THIS WAIVER SHALL SURVIVE THE TERMINATION OF YOUR ACCESS TO THIS WEBSITE.

2.4 You further agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, actions, damages, liabilities, losses, costs and expenses (including reasonable legal fees) asserted by any third party arising out of or in connection with your use of this Website, your breach of these Terms, or any investment or trading decision made by you.

3. Market risk and investment warning

3.1 Equity investments and investments in securities markets are subject to market risks. The value of investments may go up as well as down, and past performance — whether displayed on this Website or otherwise — is not, and shall not be construed as, an indicator or guarantee of future performance or results.

3.2 All past performance reports, track records, free trial materials and performance figures displayed on this Website are provided merely for information purposes, have not been independently verified, and must not be regarded as a prediction, projection, assurance or guarantee of any future results.

3.3 Investing and trading involve a high degree of risk and volatility, and may not be suitable for all persons. Only risk capital — capital whose loss you can fully afford to bear — should be used. You represent and warrant that you have the knowledge, experience and financial capacity to bear investment risks, and you expressly and voluntarily assume all such risks in full.

3.4 You acknowledge that you will exercise your own independent judgment and conduct your own independent research before making any investment decision, and that any subscription to a package made by you shall be at your own discretion, in accordance with your own risk profile.

4. Conflict of interest disclosure

The Company, its directors, employees, associates and connected persons may, from time to time and without any obligation of disclosure or prior notice, buy, sell, hold or take positions in the securities of companies that are discussed, analysed, recommended or referred to on this Website. Nothing on this Website shall be construed as any representation or warranty that any such person does or does not hold a position in any such security.

5. Accuracy, completeness and availability — no warranty

5.1 The Materials are compiled from sources believed to be reliable; however, the Company does not warrant, guarantee or represent the accuracy, completeness, timeliness, reliability, suitability or availability of any information, data, report or analysis on this Website. All warranties, whether express, implied or statutory — including warranties of merchantability, fitness for a particular purpose, title and non-infringement — are hereby expressly DISCLAIMED to the fullest extent permitted by law.

5.2 This Website, its content, and any products or services offered hereon are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. The Company does not warrant that:

(a) your access to the Website will be uninterrupted, timely, secure or error-free;
(b) any defects or errors will be corrected;
(c) the Website or the server hosting it is free of viruses or other harmful components; or
(d) any service will be available at all times or throughout the year.

5.3 Prices, availability of services and content on this Website are subject to change without prior notice. In the event you identify any inaccuracy, you are requested to notify the Company so that it may be reviewed.

6. Intellectual property and restrictions on use

6.1 All content on this Website — including text, data, reports, analyses, research, graphics, logos, software, code, methodologies, templates and tools — is the exclusive intellectual property of the Company, protected under Indian and international copyright, trademark and other applicable laws.

6.2 Redistribution, reproduction, copying, republishing, uploading, transmitting, publicly displaying, modifying, or preparing derivative works of any Material from this Website, in whole or in part, whether for commercial or non-commercial purposes, is STRICTLY PROHIBITED without prior written consent of the Company. Limited downloading for personal, non-commercial use is permitted provided all intellectual property notices are retained.

6.3 You shall not access this Website or extract any data through any automated means, including deep-links, robots, spiders, scrapers or data-mining tools. The Company reserves the right to take legal action against any violation.

7. User accounts, passwords and conduct

7.1 Access to certain areas of this Website is restricted to registered members. You represent that all information supplied by you is true and accurate; the Company reserves the right to suspend or terminate your account in the event of false or inaccurate information.

7.2 You are solely responsible for maintaining the confidentiality of your user ID and password and for all activity conducted under your account, and you shall be financially liable for the same. Sharing of credentials is prohibited.

7.3 You shall not post, transmit or make available any content that is unlawful, threatening, defamatory, obscene, libellous, infringing, misleading or otherwise objectionable; and you shall not probe, scan, test or breach the security of this Website or any connected network.

By using this Website and providing your contact details, you unconditionally consent to receiving calls (including auto-dialed and/or pre-recorded calls) and SMS messages from the Company and its vendors at any time, including on numbers registered under DND (Do Not Disturb), for transactional, informational, marketing and promotional purposes. You agree such communications are upon your request and authorization and constitute “transactional” communication under applicable TRAI regulations. You further agree to indemnify the Company against losses arising from any erroneous complaint raised by you in this regard.

9. Payments and sources of funds

9.1 All payments shall be made only from the client’s own bank account or cards, and all amounts due shall be paid when due.

9.2 You represent, warrant and undertake that all funds and assets used in connection with this Website and the services hereunder are derived from legitimate sources only, and you agree to comply with all applicable anti-money laundering laws, including the Prevention of Money Laundering Act, 2002 and SEBI guidelines, and to provide such identity information and documentation as may be requested by the Company.

9.3 NRI clients shall ensure that securities recommended, bought or sold are not on the RBI ban list before executing any transaction.

10. Third-party links

This Website may contain links to third-party websites. The Company has no control over, does not endorse, and accepts no responsibility or liability for the content, products, services or availability of any third-party website or resource.

11. Governing law and jurisdiction

11.1 These Terms and any transaction between you and the Company shall be governed by, and construed in accordance with, the laws of the Republic of India, without regard to conflict of law principles.

11.2 All disputes, differences, claims or litigations arising out of or in connection with this Website, the Materials, or these Terms shall be subject to the exclusive jurisdiction of the competent courts at Mumbai, Maharashtra, India alone, and you hereby irrevocably submit to the exclusive jurisdiction of such courts.

12. General provisions

12.1 Additional Terms: Specific services or products may be governed by additional specific terms, which shall prevail over these Terms in the event of any conflict.

12.2 Severability: If any provision of these Terms is held to be unlawful, void or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

12.3 No Waiver: The Company’s failure to enforce any right or provision shall not operate as a waiver thereof.

12.4 No Relationship: Your use of this Website does not create any partnership, joint venture, agency or employment relationship between you and the Company.

12.5 Amendment: The Company reserves the right to modify these Terms at any time without prior notice. Continued use of the Website after any modification constitutes your acceptance of the modified Terms.