BeMax is the flagship brand of Bemax hereinafter referred to as (“the Company”). The Company renders research on stock exchange markets, based on the research, the company offers the users to participate in various competition and financial literacy Learning contests (“Contest”/ “Contests”) and various services (“BeMax Services”/ “Services”) which are available on www.bemax.co.in and BeMax Mobile Application (individually and collectively referred to as “Portal” / “BeMax Portal” / “BeMax Platform”). Any person (hereinafter referred to as “the User” or “you” or “your”) accessing or utilizing the BeMax Portal or any of its features including participation in Contests being conducted and offered on the BeMax Portal to the User by the Company and/or its affiliates; subsidiaries; associates and partners, shall be bound and governed by these Terms and Conditions (“T&C”)and all other rules; regulations and terms of use referred to herein or provided by the Company in relation to any BeMax Services. These T&C read along with the Privacy Policy, disclaimers referred herein or provided by the Company from time to time, shall govern your use/access of the BeMax Platform, its related content, sites and hyperlinks owned maintained and operated by the Company and or its affiliates; subsidiaries; associates and partners. These T&C apply to all Users of the BeMax Portal.

This document/agreement/understanding is an electronic record in terms of Information Technology Act, 2000 and rules and regulations thereunder and is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The BeMax Portal is an informational platform which aims to bring awareness among people about financial markets through stock market contests and learning modules, and mock stock Learning contests. It boosts financial literacy through gamification whereby, involving considerable skill, judgement and discretion. “The Element of Skill” has a predominant influence on the outcome of the contest selected by the User. Success arises out of User’s exercise of superior knowledge, judgement and attention.

By proceeding to access the BeMax Portal, register and use the Services, the User hereby confirms to have read and understood the terms hereof, and such access and use by the User is at the User’s own accord with free will and consent. The User declares that the User has not been coerced or put under any pressure or influenced in any manner whatsoever to access the BeMax Portal, register and use the Services.

If you do not wish to adhere to our T&C or any of our future changes or modifications to our T&C, you may choose to cease the use of our Services and any and all features of our BeMax Portal along with the Services we offer.

You understand that T&C will be binding on you. You agree that Services offered on the Portal can be accessed in accordance with the T&C and you shall be responsible to comply with T&C at all times. The Company shall be entitled to modify these T&C, rules, regulations and terms of use referred to herein or provided by it in relation to any Services, at any time, by duly posting the same on the BeMax Portal. The usage of the BeMax Portal constitutes the User’s acceptance of such T&C, rules, regulations and terms of use referred to herein or provided by the Company in relation to any BeMax Services, as may be amended from time to time. The Company may, at its sole discretion, also notify the User of any change or modification in these T&C, rules, regulations and terms of use referred to herein or provided by the Company, by way of sending an email to the User’s registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified T&C, rules, regulations and terms of use referred to herein or provided by the Company. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified T&C, rules, regulations and terms of use referred to herein or provided by the Company.

The User’s use of the BeMax Portal shall be subject to these T&C;

(a) The Privacy Policy and any other terms, conditions, notices or disclaimers displayed or added to the BeMax Portal and/or the Customer Agreement form by the Company or any other document signed by the User;

(b) The Service(s) and BeMax Portal are provided for the User’s personal and non-commercial use only. The User agrees not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the credentials to access the Portal or any material, content through the BeMax Portal, or to exploit any content for commercial purposes without the express prior written consent of the Company;

Certain BeMax Services being provided on the Portal may be subject to additional rules and regulations set down in that respect. To the extent that these T&C are inconsistent with the additional conditions set down, the additional

If any of the T&C are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi-judicial body of India, it will not affect the validity and enforceability of the remaining T&C. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the T&C by you shall not be construed as waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.

I. Eligibility

The Contest(s) are open for use only to Users residing in India, except otherwise stated hereinafter.

In the contest a User indicates, while entering the User details, that he/she is either a resident of Assam, Odisha, Karnataka, Sikkim, Nagaland, Telangana, Andra Pradesh or Tamil Nadu (“Restricted State”), such User will not be permitted to proceed to sign up for any Learning contests in the paid version of the Contest(s).

User or Users who are above the age of 18 years are eligible to use the Services to Compete the Contests. Access to our Services or any part thereof may be restricted by us from time to time in our sole decision. You confirm that you are eligible to use our Services and are not accessing the Services to Compete Contests from any Restricted State or outside India.

Only those Users who have successfully registered on the BeMax Portal as well as registered prior to each contest in accordance with the procedure outlined below shall be eligible to participate in the Contest(s) and win prizes.

II. Legality of Learning contests of Skill

Learning contests of Skill are legal, as they are excluded from the ambit of Indian Learning legislations including, the Public Gambling Act of 1867. The Indian Supreme Court in its decisions given in ‘State of Andhra Pradesh v/s V.K. Satyanarayana’ (AIR 1968 SC 825) and ‘KR Lakshmanan v/s State of Tamil Nadu’ (AIR 1996 SC 1153) has held that, “a Learning contests in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a Learning contest of skill”.

 

III. Creating a User Account

In order to avail any of the BeMax Services through the BeMax Platforms, the User is required to register on the BeMax Portal, which may involve without limitation, setting up of a profile and providing the following information:

1. Full Name
2. Email ID address.
3. Create a username
4. State of Residence in India
5. Gender
6. Date of Birth
7. Register personal mobile number
8. PAN Card details
9. Bank account details of the User
10. Details of ID issued by government authority

The User acknowledges the above information is provided voluntarily by the User. The User further acknowledges that by seeking the above information, the Company is not violating the privacy of the User. The User confirms that the Portal may use the above information for carrying out KYC of the User as well as for other purposes relate to the Portal.

All information collected from Users, such as registration and credit card information, is subject to the Company’s Privacy Policy which is available at BeMax Portal.

The User acknowledges that the Company, in its sole and absolute discretion may require the User to generate an One Time Password (“OTP”) and to fill in and submit the same so as to log in his/her User Account or in order to get access to the BeMax Portal.

The User will be solely responsible to ensure confidentiality of his/her username or account with the Website. By registering, the User hereby grants consent for contacting via telephone or email based on the information furnished by the User either by us, or our Affiliates or third parties nominated in this regard for providing better services or for promotional activities related to the BeMax Services. The User also agrees that the basic information, personally identifiable information, provided by him/her are true, complete and accurate, and agree not to submit any particulars which are false or any information to which he/she does not have any right or authority to provide. The User is solely responsible for maintaining the confidentiality and security of all activities that occur on or through User’s access of the BeMax Platforms. In order to use and/or register through BeMax Platforms, the User represents to be 18 (Eighteen) years of age or older.

Further, the Company may also collect from its User the information regarding their employment, profession or status of vocation etc.

IV. Registration for Contest(s)

Users are required to accurately provide the following information

1. Full Name;
2. Mobile number;
3. OTP, as provided to the User sent on his/ her registered mobile.

Participants are also required to confirm that they have read and shall abide by T&C.

If a User chooses a username that, BeMax considers in his opinion that is obscene, indecent, abusive or that might subject BeMax to public disparagement or scorn, or a name which is an official team/franchise names and/or name of any celebrity, as the case may be, BeMax reserves the right, without prior notice to the User, to restrict usage of such names, which in BeMax’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and deny such User to access the Portal.

By Participating in Contest(s), each User acknowledges and agrees that he/she is participating in a Learning contest of skill.

V. Contest(s)

The contests provided by BeMax include top gainer, top loser, and arranging in ascending or descending order. In these contests, the user must follow the rules outlined below:

1. Top Gainer: Out of the four options provided, the user must analyze and identify which stock will have the highest percentage gain.

Example: Select the top gainer from the below options:

• A – Tatasteel
• B – ACC
• C – SRF
• D – HDFCBank

Suppose the user, after analysis (technical, fundamental, etc.), finds that ACC will have the highest percentage gain the next day or in live market. The user will click on the contest, select the correct answer, and join the contest for free. Afterward, the user must wait for the result announcement time and date. During the contest period, the user can edit their answer if needed. Once the result is announced, the user will see whether their answer was correct or wrong, and the winner’s rewarded in terms for points.

2. Top Loser: Out of the four options provided, the user must analyze and identify which stock will have the lowest percentage change.

Example: Select the top loser from the below options:

• A – Tatasteel
• B – ACC
• C – SRF
• D – HDFCBank

Suppose the user, after analysis (technical, fundamental, etc.), finds that SRF will have the lowest percentage change the next day or in live market. The user will click on the contest, select the correct answer, and join the contest for free. Afterward, the user must wait for the result announcement time and date. During the contest period, the user can edit their answer if needed. Once the result is announced, the user will see whether their answer was correct or wrong, and the winner’s rewarded in terms for points.

3. Arrange in Ascending Order: The user must analyze and arrange the four provided options in ascending order based on the percentage closing of the stocks.

Example: Arrange in ascending order from the below options:

• A – Tatasteel
• B – ACC
• C – SRF
• D – HDFCBank

Suppose the user, after analysis (technical, fundamental, etc.), finds that SRF (-1%), ACC (0.5%), HDFCBank (1%), and Tatasteel (2%) will close as per the percentage the next day or in live market. The user will click on the contest, select the correct answers in ascending order, and join the contest for free.

Correct answer:

• (a) – C (SRF)
• (b) – B (ACC)
• (c) – D (HDFCBank)
• (d) – A (Tatasteel)

During the contest period, the user can edit their answer if needed. Once the result is announced, the user will see whether their answer was correct or wrong, and the winner’s rewarded in terms for points.

4. Arrange in Descending Order: The user must analyze and arrange the four provided options in descending order based on the percentage closing of the stocks.

Example: Arrange in descending order from the below options:

• A – Tatasteel
• B – ACC
• C – SRF
• D – HDFCBank

Suppose the user, after analysis (technical, fundamental, etc.), finds that SRF (-1%), ACC (0.5%), HDFCBank (1%), and Tatasteel (2%) will close as per the percentage the next day or in live market. The user will click on the contest, select the correct answers in descending order, and join the contest for free.

Correct answer:

• (a) – A (Tatasteel)
• (b) – D (HDFCBank)
• (c) – B (ACC)
• (d) – C (SRF)

During the contest period, the user can edit their answer if needed. Once the result is announced, the user will see whether their answer was correct or wrong, and the winner’s rewarded in terms for points .

Contest timing and date are mentioned when the contest is active. Contests can be held on a daily, weekly, or hourly basis.

To improve stock market knowledge, the BeMax app and blog provide users with educational blogs, videos, and charts related to the stock market.

 

VI. User Conduct

By participating in the Contest(s), each User acknowledges and agrees that he/she is participating in a Learning contest of skill.

After you have registered on our Portal, it is your sole responsibility to make sure that you do not disclose the OTP sent to your registered mobile number from BeMax Portal to anybody, be it your friends, family members, third party, or anybody whatsoever, then enter the OTP on the BeMax Portal. We shall not be responsible if your User account is logged in to or accessed by anybody else by using your OTP.

By registering as a User, the User hereby grants consent for contacting via telephone/ Email ID based on the information furnished by the User either by us, or our Affiliates or third parties nominated in this regard for providing better services or for promotional activities related the BeMax Services. The User is solely responsible for maintaining the confidentiality and security of all activities that occur on or through the User’s access of the BeMax Portal.

All Information collected form Users, such as registration and credit card information, is subject to the Company’s Privacy Policy.

Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Portal or Services.

Users agree that without Portal’s express written consent, they shall not modify or cause to be modified any files or software that are part of Portal Services.

User agrees to provide true, accurate, current and complete information at the time of registration and at all other times (as required by the Company, through any means).

User further agrees to update their registered information at all times.

A User shall not agree to register or operate more than one User account for accessing the Portal or accessing the Services.

By the use of Services, the User confirms that such use is neither in furtherance of any criminal act nor has the User sourced the Learning made to the Portal out of proceeds of any crime. The User confirms that access of the Portal and use of the Services by the User does not result in violation of any extant laws, including but not limited to laws and regulations relating to Securities and Exchange Board of India. The User confirms that if by use of the Services by the User, the User violates any extant laws or that such use results in violation of any of the extant laws by the User, including but not limited to laws and regulations relating to Securities and Exchange Board of India, the Company or any of its officers, its employees, promoters, etc. shall neither be responsible nor liable for such violation by the Users. Users agree to indemnify and hold harmless the Company, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, which may arise as a consequence of such violation.

User agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Portal and Services or any other person’s use or enjoyment of Services.

Users consent to receive communications such as announcements, administrative messages and advertisements from the Company and/or of its affiliates, subsidiaries, associates, licensors and partners. User agrees that they can receive all communications from the Company or Portals by marking emails or sending personal messages (“SMS”) on their registered mobile no. from the Company and the Portal as part of their “safe senders” list. The Company shall not be held liable if any Emails/ SMS remain unread by a User as a result of such Email getting delivered to the User’s junk or spam folder.

The User shall continue to logged into the Portals till the time User voluntarily exits/ or logout of the account or by the Company as it deems fit in its sole and absolute discretion. The Company though recommends its Users to exit/ logout of the accounts at the end of every session. The Company shall not be responsible for any loss or damages that may result if the User fails to comply with the requirements.

User agrees not to use cheats, exploits, automation, software, bots, hacks or any device, contraption, contrivance or any unauthorized third-party software or designed to modify or interfere with Services and/or the experience of the User or assist in such activity.

User shall not publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

Without limiting the foregoing, Users agree not to use Portal for any of the following:

1. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
2. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
3. To publish, post, upload, E-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene indecent, or unlawful content;
4. To transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another User’s computer or mobile, Portal, any software, hardware, or telecommunications equipment;undefined
5. To advertise, offer or sell any goods or services for any commercial purpose on Portal without express written consent of BeMax;undefined
6. To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;undefined
7. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;undefined
8. To restrict or inhibit any other User from using and enjoying any public area within our sites;undefined
9. To collect or store personal information about other Users;undefined
10. To interfere with or disrupt Portal, servers or networks;undefined
11. To impersonate any person or entity, including, but not limited to, a representative of Portal, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;undefined
12. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Portal or to manipulate User’s presence on Portal;undefined
13. To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;undefined
14. To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum.undefined
15. To use the Services in violation of any extant laws, including but not limited to laws and regulations relating to Securities and Exchange Board of India.undefined
16. To pay to the Portal proceeds of any crime.undefined
17. To engage in any action that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order or causes incitement to the commission of any cognizable offence or prcontest investigation of any offence or is insulting other nation.undefined

Unauthorized access to Portal is a breach of these T&C, and a violation of the law. Users agree not to access Portal by any means other than through the interface that is provided by Portal for use in accessing the Services. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites except those automated means that BeMax has approved in advance.undefined

Use of Portal is subject to existing laws of India and legal processes. Nothing contained in these T&C shall limit BeMax’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of Portal and Services. undefined

VII. Breach and Consequences by a User

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The User hereby agrees to abide by these T&C and all other rules, regulations and terms of use of the Portal and Services. In the contest User does not abide by these T&C and all other rules, regulations and terms of use, the, the Company may at its sole and absolute discretion take necessary remedial action including but not limited to:undefined

1. Restrict, suspend, or terminate any User’s access to all or any part of the Portal and/or Services.undefined
2. Change, suspend, or discontinue all or any part of the Portal and/or Services.undefined
3. Reject, move, or remove any material that may be submitted by a User.undefined
4. Move or remove any content that is available on Portal.undefined
5. Deactivate or delete a User’s account and all related information and files on the respective account.undefined
6. Establish codes or give directions as to general practices and limits concerning use of Portal.undefined
7. Refrain from awarding any prize(s) to a User.undefined
8. Offer discounts to all or any of its Users in the form or forms it deems fit .undefined
9. All such discounts shall be credited in a separate account..undefined
10. Revise or make additions and/or deletions to the roster of stocks available for selection in a Contest on account of revisions to the roster of stocks listed at a particular stock exchange.undefined
11. Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids).undefined

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In the contest any User breaches, or the Company reasonably believes that such User has breached these T&C, or has illegally or improperly used BeMax Platforms or BeMax Services, the Company may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User’s access to all or any part of BeMax Services or the BeMax Platforms, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User on BeMax Platforms and further, take technical and legal steps as it deems necessary.