The writer, Yashodhan Khare has been in the business of stock broking for the past 20 years as a partner of Vimal & Sons, which is a Pune based member of the National Stock Exchange of India. He is a Chartered Accountant by qualification. You can contact him on his mail id firstname.lastname@example.org. Yashodhan Khare is not a writer, rather an investor who thinks through writing. This blog is about the stock market and attempts at making markets less overwhelming for investors. The blog proposes to challenge your perceptions about investing in stocks and is forecast free.
Why the name Sentiments & Bubbles (S&B)
Stock markets are cyclical and gyrate from bull phases to bear phases. These cycles coincide with investor SENTIMENT moving from extreme pessimism to extreme optimism. Markets top out when some market fad results in the formation of BUBBLES. Hence the title S&B.
Terms & Conditions for Online Payments
The Terms and Conditions contained herein shall apply to any person (“User”) using the services of Sentiments & Bubbles (S&B)for making payments towards advisory services of S&B through an online payment gateway service (“Service”) offered jointly by ICICI Bank Ltd. and Payment Gateway Service Provider, through S&B’s website i.e.https://sentimentsbubbles.com. Each User is therefore deemed to have read and accepted these Terms and Conditions.
Please be aware, however, that S&B will release specific personal information about the User if required to do so in the following circumstances:
in order tocomply with any valid legal process such as a search warrant, statute, or court order, or
if any of User’s actions on S&B’s website violates the Terms of Service or any of S&B’s guidelines for specific services, or
to protect or defend S&B’s legal rights or property, the S&B site, or S&B Users; or
to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, integrity of S&B website/offerings.
B. General Terms and Conditions For Online-Payments
Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may either register on S&B’s website or enter his / her login Id, and Password or in any other manner as may be specified by S&B from time to time.
S&B’s rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of S&B’s right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by S&B with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or any other third party to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of S&B.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
These Terms and Conditions constitute the entire agreement between the User and S&B. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and S&B. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The entries in the books of S&B and/or the Payment Service Providers kept in the ordinary course of business of S&B and/or the Payment Service Providers concerning transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
Refund For Charge Back Transaction: In the event there is any claim for/ of a chargeback by the User for any reason whatsoever, such User shall immediately approach S&B with his/ her claim details and claim refund from S&B alone. Such refund (if any) shall be effected only by S&B via payment gateway or by means of a demand draft or such other means as S&B deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event, such claim is made it shall not be entertained.
In these Terms and Conditions, the term “Charge back” means approved and settled card (Debit or Credit) or netbanking purchase transactions which are at any time refused, debited or charged back to Merchant account (shall also include similar debits to Payment Gateway Service Provider’s accounts, if any) by the Acquiring Bank for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
Refund for fraudulent/duplicate transaction(s): The User shall directly contact S&B for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues (in so far as it relates to the website www.sentimentsbubbles.com) shall be suitably addressed by S&B alone in line with their policies and rules.
Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s web page that is linked to the Website is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment,, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
(I) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately after that contact S&B via e-mail or any other mode of contact as provided by S&B to confirm payment.
(ii) In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions, and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
C. Limitation of Liability
1. S&B has made this Service available to the User as a matter of convenience. S&B expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that S&B reserves the right to terminate the rights to use the Service immediately without giving any prior notice thereof.
2. S&B and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the S&B and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
3. S&B and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
(I) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Payment Gateway or Services in connection to it; and
(ii) any interruption or errors in the operation of the Payment Gateway.
4. The User shall indemnify and hold harmless the Payment Service Provider(s) and S&B and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
5. The User agrees that S&B or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond S&B’s reasonable control.
D. Miscellaneous Conditions:
1. Any waiver of any rights available to S&B under these Terms and Conditions shall not mean that those rights are automatically waived.
2. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and fraud and that S&B or the Payment Service Provider(s) have no control over such matters.
3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, S&B does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and unauthorized use of data over the Internet.
4. S&B, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
5. The User may be required to create his/ her User ID and Password to register and use the Services provided by S&B on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information, and it shall be the User’s responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
i. Choose a new password, whenever required for security reasons.
ii. Keep his/ her User ID & Password strictly confidential.
iii. Be responsible for any transactions made by User under such User ID and Password.
The User is at this moment informed that S&B will never ask the User for the User’s password in an unsolicited phone call or an unsolicited email. The User is at this moment required to sign out of his/ her S&B account on the Website and close the web browser window when the transaction(s) have been completed. It is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.
E. Debit/Credit Card, Bank Account Details
1. The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
2. The User may pay his/ her dues to S&B by using a debit/credit card or through online banking account. The User warrants agrees and confirms that when he/ she initiates a payment transaction and issues an online payment instruction and provides his/ her card / bank details:
The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
The User is authorizing the debit of the nominated card/ bank account for the payment for advisory services selected by such User along with the applicable Fees.
The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.
F. Personal Information
1. The User agrees that, to the extent required or permitted by law, S&B and the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security-related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
2. The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein to S&B. The User agrees to be contacted via e-mail on such emails initiated by him/ her.
4. The User acknowledges and agrees that his/ her information will be managed by the laws for the time in force.
G. Payment Gateway Disclaimer
The Service is provided in order to facilitate access to view and pay for the advisory services of S&B online. S&B or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified on the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
Please read this important disclaimer before acting on any of the ideas or advice contained herein: The content of this website is published in India and persons who access it agree to do so by applicable laws. All opinions expressed by Mr. Yashodhan Khare on this site are solely his opinions and do not reflect the opinions of Vimal & Sons. You should not treat any opinion expressed by Mr. Yashodhan Khare as a specific inducement to make a particular investment or follow a particular strategy, but only as an expression of his opinion. Mr. Yashodhan Khare’s opinions are based upon information he considers reliable, but neither he nor Vimal & Sons warrants its completeness or accuracy, and it should not be relied upon as such. Mr. Yashodhan Khare and Vimal & Sons are not under any obligation to update or correct any information provided on this website. Mr. Yashodhan Khare’s statements and opinions are subject to change without notice. No part of Mr. Yashodhan Khare’s compensation from Vimal & Sons is related to the specific opinions he expresses. Past performance is not indicative of future results. Neither Yashodhan Khare nor Vimal & Sons guarantees any specific outcome or profit. You should be aware of the real risk of loss in following any strategy or investment discussed on this website. Strategies or investments discussed may fluctuate in price or value. Investors may get back less than invested. Investments or strategies mentioned on this site may not be suitable for you. This material does not take into account your particular investment objectives, financial situation or needs and is not intended as recommendations appropriate for you. You must make an independent decision regarding investments or strategies mentioned on this website. Before acting on information on this site, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment advisor. Mr. Yashodhan Khare does not accept fees of any kind from the funds, bonds, equities or investment products discussed in return for their mention on this site. At any time, Mr. Yashodhan Khare may be long, short or neutral in client accounts or personal accounts in any of the securities mentioned. The information on this site is not to be construed as investment advice; it is for educational purposes only. Regarding links that appear on this blog: At times, the blog will link to sources of information or other websites that he believes help illustrate a point or would be of interest to readers. In case one buys any books from a link in the blog, Mr. Yashodhan Khare is entitled to small advertising revenue from Amazon by being an affiliate. This, however, does not affect the cost at which the book is bought. Links from this site in no way constitute an endorsement of the opinions or advice contained in other locations. Lastly, please act like a responsible adult and think for yourself. I am a human being and make mistakes like any other human being. Please do not confuse any of my opinions with statements of absolute fact. As I do not charge for the opinions I express on this site; I also do not expect to be held accountable should you decide to act on anything you read here. The blog expects personal responsibility, and I hope you enjoy this website in exactly that spirit.