These terms of service (“Terms”) are an agreement between Howutrade Software Solutions LLP (“Howutrade”, “us”, “our” and “we”) and you. By using the service, you are agreeing to these terms. Please read them carefully.
If you do not agree to these terms, you do not have the right to access or use or avail the service.If you do use the service, you shall be deemed to confirm your acceptance of the terms.
Our service is very diverse, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant service, and those additional terms become part of your agreement with us if you use those service.
Using the service does not give you ownership of any intellectual property rights in the service or the content you access.
1.1 Setup and Installation: Howutrade will only do the necessary initial setup required to run the software, applications, programs and scripts (collectively, the “Software”) or service (the “Service”) provided by us.
1.2 Real-time Data: Neither we are authorized data vendor nor the real-time data is streamed from our servers. Our software simply feeds the real-time data received on web-socket (API) to AmiBroker using the DDE plugin and ASCII import provided by AmiBroker. We do not recommend this data for real trading, using this data for real trading is at your own risk.
1.3 Stock Data: Historical stock data provided by our software is complied from various open sources, hence data accuracy can not be guaranteed. Using this data for real trading is at your own risk.
1.4 Technical Analysis Software: Howutrade do not sell or provide any technical analysis software (like AmiBroker, MetaTrader, MS Excel and Ninja Trader etc). Howutrade is not a re-seller of any software. You need to buy or download those software’s directly from the vendor website or authorized re-seller. Howutrade highly discourages users, using pirated or cracked or un-registered software. You should know the basic usage of the TA software. For setup, troubleshooting and usage, please refer the technical guide of the TA software.
2) TRADING ACCOUNT
2.1 Trading Account: You should have an active trading account with Trading Member as applicable.
2.2 API Subscription: You should have a valid Trade API subscription as applicable to use the service or the software provided by us.
2.3 API Issues and Bugs: You acknowledge that you aware of the risk, issues and bugs in the Trading API provided your Trading Member. Trading API is not under the control of Howutrade, and Howutrade is not responsible for any issues and bugs in the API. For all issues related to API, please approach your API provider.
3) CHARGES AND REFUND POLICY
3.1 You should pay the full service cost before final delivery of the service or the software. Demo if any required, will be given in our system through remote desktop.
3.2 Refund Policy: For cancel of service and refund, please refer our Refund Policy located at https://howutrade.in/refund-policy
4) SERVICE DURATION AND TESTING
4.1 The time provided by us to complete the service or the software is approximate, it may be delayed for any unforeseen reason.
4.2 Testing: We will provide you, 1 week time to test the software or the service provided by us.
5) EQUIPMENT AND OPERATION
You shall provide and maintain all telephone/internet and other equipment necessary to access or use the service or the software, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access or use the service or the software.
You agree to indemnify and hold Howutrade (and its officers, employees, partners, affiliates and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the service or the software, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Howutrade reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Howutrade. Howutrade will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7) CONFLICTING TERMS
If there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents is prior to or subsequent to this User Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of Howutrade.
By accepting these terms, you consent to receive news letters and exclusive articles (about upcoming events, new features, services, and products) from Howutrade and its affiliates through email or sms or any other means.
The Software or the service provided by us contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile nor can you create any derivative works or other works that are based upon or derived from it in whole or in part.
10) LOSSES AND DAMAGES
You shall be solely responsible for all the losses, damages or other costs and consequences arising in any manner to you pursuant to the use of the software or the service provided by us and shall not hold us responsible in any manner whatsoever.
11) COMPLETION OF SERVICE
It is assumed that the service is rendered without any error and the service is fully complete,
a. if you didn’t find any issues during the test period or
b. automatically on completion of one weeks from the delivery of service, provided there is no pending issues.
12) SOFTWARE DISCLAIMER
HOWUTRADE (AND ITS OFFICERS, EMPLOYEES, PARTNERS, AFFILIATES AND AGENTS) IS NOT RESPONSIBLE FOR ANY LOSSES INCURRED AS A RESULT OF USING THE SOFTWARE. ALL THE SOFTWARE ARE USED AT YOUR OWN RISK. IT SHOULD NOT BE ASSUMED THAT THE METHODS, TECHNIQUES, OR INDICATORS PRESENTED IN THE SOFTWARE WILL BE PROFITABLE, OR THAT THEY WILL NOT RESULT IN LOSSES.NONE OF THE SOFTWARE PROVIDED BY HOWUTRADE CONSTITUTES A RECOMMENDATION THAT ANY PARTICULAR SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION OR INVESTMENT STRATEGY IS SUITABLE FOR ANY SPECIFIC PERSON. THE SOFTWARE SHOULD NOT BE RELIED UPON AS ADVICE OR CONSTRUED AS PROVIDING RECOMMENDATIONS OF ANY KIND. THE SOFTWARE PROVIDED BY HOWUTRADE DO NOT PROVIDE, IMPLY, OR OTHERWISE CONSTITUTE A GUARANTEE OF PERFORMANCE. YOU SHOULD TAKE NECESSARY REGULATORY APPROVALS IF ANY, REQUIRED TO USE THE SOFTWARE PROVIDED BY HOWUTRADE FOR TRADING OR INVESTMENT IN STOCK MARKETS. FOR ANY AND ALL COMPLIANCE RELATED QUERIES, YOU CAN CONTACT YOUR TRADING MEMBER.
13) INVESTMENT DISCLAIMER
NEITHER HOWUTRADE NOR ITS EMPLOYEES ARE LICENSED INVESTMENT ADVISORS, TAX ADVISORS OR ATTORNEYS. CONSULT WITH A LICENSED INVESTMENT ADVISOR AND A TAX ADVISOR TO DETERMINE THE SUITABILITY OF ANY INVESTMENT.YOU ARE ADVISED TO CONDUCT YOUR OWN INDEPENDENT RESEARCH INTO INDIVIDUAL STOCKS BEFORE MAKING A PURCHASE DECISION.IN ADDITION, YOU ARE ADVISED THAT PAST STOCK PERFORMANCE IS NOT INDICATIVE OF FUTURE PRICE ACTION AND IT SHOULD NOT BE ASSUMED THAT FUTURE RESULTS WILL BE PROFITABLE OR WILL EQUAL PAST PERFORMANCE, REAL, INDICATED OR IMPLIED. YOU SHOULD BE AWARE OF THE RISKS INVOLVED IN STOCK INVESTMENTS, AND YOU USE THE MATERIAL CONTAINED HEREIN AT YOUR OWN RISK. NEITHER HOWUTRADE NOR ANY OF ITS EMPLOYEES GUARANTEE ITS ACCURACY OR VALIDITY, NOR ARE THEY RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WHICH MAY HAVE OCCURRED. THE MATERIAL CONTAINED HEREIN DO NOT CONSTITUTE A RECOMMENDATION THAT ANY PARTICULAR SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION OR INVESTMENT STRATEGY IS SUITABLE FOR ANY SPECIFIC PERSON. WE HAVE NO ACCESS TO NON-PUBLIC INFORMATION ABOUT PUBLICLY TRADED COMPANIES, AND HOWUTRADE IS NOT GIVING OR RECEIVING OF FINANCIAL ADVICE, ADVICE CONCERNING INVESTMENT DECISIONS OR TAX OR LEGAL ADVICE.
14) DISCLAIMER OF WARRANTY
HOWUTRADE (AND ITS OFFICERS, EMPLOYEES, PARTNERS, AFFILIATES AND AGENTS) EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SERVICE OR THE SOFTWRAE.THE SERVICE OR THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
15) LIMITATION OF LIABILITY
HOWUTRADE (AND ITS OFFICERS, EMPLOYEES, PARTNERS, AFFILIATES AND AGENTS) SHALL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SERVICE OR THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SERVICE OR THE SOFTWARE. UNDER NO CIRCUMSTANCES SHALL HOWUTRADE AGGREGATE LIABILITY TO YOU,OR OTHER PERSON OR ENTITY CLAIMING THROUGH YOU, EXCEEDS THE FINANCIAL AMOUNT ACTUALLY PAID BY YOU TO HOWUTRADE FOR THE SERVICE OR THE SOFTWARE.
16) ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us regarding the use of the Service or the software. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Howutrade is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Howutrade’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Howutrade may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
This User Agreement shall remain in full force and effect unless terminated or canceled for any of the following reasons:
(a) immediately by Howutrade for any unauthorized access or use by you
(b) immediately by Howutrade if you assign or transfer (or attempt the same) any rights granted to you under this Agreement;
(c) immediately, if you violate any of the other terms and conditions of this User Agreement.
Termination or cancellation of this Agreement shall not effect any right or relief to which Howutrade may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to Howutrade. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to Howutrade is non-refundable for any reason.
The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Thanjavur, Tamil nadu, India in all disputes arising out of or relating to the use of the service or the software. Use of the service or the software is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
19) CONTACT INFORMATION
Howutrade Software Solutions LLP
2/330 New Middle Street, Madukkur North
Thanjavur, Tamil Nadu, India – 614903