TERMS OF USE

This website/mobile application is operated by FW Fintech Private Limited (hereinafter referred to as "Novelty Wealth/We"). Access to the Novelty Wealth website and mobile application ("Platform") and usage of the services provided by Novelty Wealth ("Services") is subject to the following terms of use (the"Terms"). By using the Platform, you are agreeing to the Terms, as may be updated by us from time to time. If you do not agree, you must cease usage immediately.

As these Terms are a legal contract between you (the "User/You/Your") and Novelty Wealth, its subsidiaries, licensees, and affiliated companies (if any), it is important that you review the Terms carefully before accessing or using the Platform. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Novelty Wealth, including without limitation the privacy policy ("Privacy Policy").

1. REGISTRATION

1.1

To use the Platform, you may be required to provide various information about yourself including your name, email address and other personal information. You agree that any information you provide to Novelty Wealth on the Platform will always be accurate, correct and up to date. You shall not provide account information, an email address or any other information that is not your own.

1.2

You agree that all information provided by you with respect to your Novelty Wealth account is accurate and up to date, failing which Novelty Wealth reserves the right to suspend or terminate your account. Novelty Wealth Solutions reserves the right to refuse service, terminate accounts, or remove/edit content at its sole discretion if it suspects fraudulent or illegal activity.

1.3

When you begin registration and provide electronic authentication (whether by phone, email, or other platform) you are giving your express consent to these Terms and our Privacy Policy.

1.4

You affirm that you are over 18 years of age.

2. USER ACCOUNT

2.1

By using our services, you expressly agree to receive communications from Novelty Wealth or our authorized representatives through your chosen channels. You acknowledge that these messages do not constitute spam or unsolicited communication, even if you are registered on a national "Do Not Call" (DNC) registry.

2.2

You may use the Platform for lawful purposes only. You shall not post or transmit through the Platform any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.

2.3

Novelty Wealth may update the Platform and Services periodically, and you may receive notifications regarding these changes. All updates are governed by these Terms. Your use of the Platform is based on its current version; it is not dependent on the delivery of any future features or any statements we may have made regarding future functionality.

3. OWNERSHIP OF THE PLATFORM

3.1

All right, title and interest in and to all of our inventions, copyrights, trademarks, domain names, trade secrets, know-how and other intellectual property and/or proprietary rights in or related to the Platform and any part of it (together, the "Novelty Wealth IPR"), are owned or licensed by and shall remain exclusively with Novelty Wealth. Novelty Wealth is the owner or the licensee of all Novelty Wealth IPR. You agree that you shall not use any part of the Novelty Wealth IPR other than in keeping with the provisions of this Agreement, nor do you not have any right, title to or interest in the same.

3.2

By accessing the Platform or creating an account, you grant Novelty Wealth a limited license to access, disclose, process, transmit and use your Personal Data for providing the Services, as submitted to Novelty Wealth by you through your use of the Platform. All technology, code, and hardware powering Novelty Wealth are the exclusive property of us or our partners. Your right to use the platform is a limited license and does not grant you any ownership interest in our underlying software or systems.

3.3

The Novelty Wealth name and logo are trademarks of Novelty Wealth, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Novelty Wealth, except with prior consent. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Novelty Wealth, and may not be copied, imitated or used, in whole or in part, without prior written permission from Novelty Wealth.

4. PRIVACY AND SECURITY

4.1

You understand that by using the Platform you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, processed and transferred to such service providers or affiliates as detailed under the thereunder.

5. THIRD-PARTY PROVIDERS

5.1

To provide our Services, Novelty Wealth may partner with third-party entities at our discretion. Your access to certain features may depend on meeting the requirements of these partners. You may also need to agree to their specific terms and conditions. Novelty Wealth is not responsible for any losses or issues arising from your use of these third-party products or services, including but not limited to, SMS, e-mail and whatsapp alerts.

5.2

Novelty Wealth is not responsible for any delayed or failed transactions. Novelty Wealth and its partner financial institutions reserve the right to suspend services or decline to act if a transaction is unsuccessful or delayed. By using our Platform, you acknowledge the inherent risks of online payments. Novelty Wealth is not liable for any losses, interest, or penalties you may incur due to these delays. You are responsible for monitoring your account to ensure all payments are completed on time.

5.3

By using our services, you agree to comply with and be bound by the terms of service, privacy policies, and acceptable use policies of our Subprocessors. We are not responsible for the content, privacy practices, or security measures of these third parties.

6. TERMINATION

6.1

Novelty Wealth may terminate the Services or your account for any reason at any time. Novelty Wealth reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Platform, with or without prior notice. Otherwise, applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

7. EXCEPTIONS AND LIMITATIONS

7.1

We may, without prior notice, change the Platform, stop providing the Platform or features of the Platform, to you or to Users generally, or create usage limits for the Platform. We may permanently or temporarily terminate or suspend your access to the Platform or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason.

7.2

In such event, we shall refund the remaining subscription fees paid by you for use of the Platform (if any), as calculated on a pro-rata basis, subject to adjustment of cancellation fees, as applicable. Upon termination of your account, you continue to be bound by these Terms.

7.3

You acknowledge that there will be occasions when the Platform may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

7.4

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE PLATFORM OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE PLATFORM.

8. DISCLAIMER

8.1

Novelty Wealth's role is limited to providing advice on portfolio creation and management. Any investment decisions you make, whether based fully or partially on this advice, are considered your own voluntary and independent choices.

8.2

Our advice is tailored specifically to the information you provide and your unique financial situation under current market conditions. Because each strategy is personalized, any advice given to other clients, or the resulting profits or losses they experience, has no bearing on your specific portfolio or performance.

8.3

While we show potential returns on the Platform, please remember these are only estimates. Novelty Wealth does not guarantee that your investments will achieve these returns or provide any specific profit. You acknowledge that you have no recourse to claim any losses incurred on the investments made based on the recommendations.

8.4

All investments carry market risks. Please read all scheme-related documents carefully before investing. Past performance does not guarantee future results.

9. LIMITATION OF LIABILITY

9.1

Other than the specific role defined in these Terms, we are not a party to any transactions between you and other users, partners, or third parties. We provide our Services and Platform on an "as is" and "as available" basis. We disclaim all warranties, whether express or implied. This includes, but is not limited to, any guarantees regarding the accuracy, availability, security, merchantability, or fitness of the platform for a specific purpose.

9.2

IN NO EVENT WILL NOVELTY WEALTH OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING OR DELIVERING THE PLATFORM BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PLATFORM, OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NOVELTY WEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

9.3

To the extent permitted by law, Novelty Wealth shall not be liable for any indirect, incidental, or consequential damages, including lost profits, lost data, or downtime regardless of the legal basis for the claim. Our total cumulative liability (including that of our employees and partners) is limited to a maximum of Rupees Fifty Thousand (Rs. 50,000). These limits apply even if a remedy fails to fully compensate you for your losses.

10. INDEMNIFICATION

10.1

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys' fees, arising out of any breach by you of any of these Terms, or any use by you of the Platform.

11. MISCELLANEOUS PROVISIONS

11.1Disputes

These Terms (and the Privacy Policy) shall be governed by the laws of India, and the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.

11.2Tax Liability

You are responsible for following all tax laws related to your use of our services. This includes accurately reporting and paying any taxes on income or payments received through the platform.

11.3Force Majeure

Novelty Wealth is not responsible for any service interruptions or failures caused by events outside our reasonable control. In such cases, our service obligations are paused until the situation is resolved. These events include natural disasters, war, strikes, and government lockdowns. They also include technical emergencies such as cyberattacks, server crashes, power outages, or failures in the banking and communication networks we rely on.

11.4Survival

In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions here instated.

These Terms of Use may be updated periodically. Continued use of our Platform signifies acceptance of any updates.