Client Acceptance
These Terms ("Terms" or "Agreement") govern your usage of research services provided by Phoenix Capital Research Pvt Ltd. (referred to as "Research Analyst," "We," "Our," or "Us"). We are registered with SEBI under the SEBI (Research Analyst) Regulations, 2014. Please read these terms carefully before subscribing to our services. If you do not agree with these terms, you may not access our services.
1. SCOPE OF SERVICE
- The client appoints the Research Entity to provide research and trading recommendations at their own risk.
- The RA's services are limited to these recommendations, with no other services offered.
- The client acknowledges that the Research Entity charges fees for these services.
- The client agrees that the Research Entity is not liable for any losses incurred from executing recommendations and assumes full responsibility for such losses.
2. SUBSCRIPTION ACKNOWLEDGMENT
The client confirms voluntary subscription to the Research services after fully understanding the nature of the service and associated terms.
3. CLIENT DOCUMENTATION REQUIREMENTS
The client agrees to provide all necessary documents, including proof of identity and contact details, as required by the Research Entity for due diligence and regulatory compliance.
4. DECLARATION BY CLIENT
The client acknowledges and agrees to be bound by the terms of the Agreement and any applicable amendments.
Client hereby agrees:
- To have read and understood the terms and conditions applicable to a research analyst as defined under SEBI (Research Analyst) Regulations, 2014, including the fee structure.
- To be subscribing to the research services for their own benefit and consumption, with any reliance on the research report based on their own judgment and assessment.
Client further understands that:
- Any investment based on recommendations is subject to market risk.
- Recommendations do not provide any assurance of returns.
- There is no recourse to claim losses incurred on investments made based on the recommendations.
5. DECLARATION BY RESEARCH ENTITY
The Research Entity will not render research services or charge any fee until the client has signed the agreement.
The Research Entity further declares that:
- It is duly registered with SEBI as a research entity with Registration No: INH000017082, Date of Registration: June 28, 2024.
- Its registration and qualifications are valid and subsisting to render services under the RA Regulations.
- The services provided do not conflict with or violate any provision of law, rule, regulation, contract, or other instrument.
- The maximum fee the RA may charge is ₹1.51 lakhs per annum per family of clients.
- The recommendations provided do not give any assurance of returns.
6. PAYMENT METHODS
- The client agrees to make payments via account payee-crossed cheque, demand draft, or direct credit to the Research Entity's designated bank account through NEFT, RTGS, IMPS, or UPI.
- Payments are only accepted in bank accounts listed on the official website: https://streetgains.in/.
- The Research Entity is not liable for payments made to accounts other than those specified on the website.
7. RISK DISCLOSURE
The client acknowledges that services involve inherent risks and agrees to bear full responsibility for financial or other consequences.
Investment in the market is always subject to market risk, and the following risks apply:
- Trading in equities, derivatives, and other securities is subject to market risks, with no assurance or guarantee of returns.
- Past performance does not indicate future performance.
- Research recommendations may not always be profitable, as actual market movements differ from anticipated trends.
- The Research Entity is not responsible or liable for any losses resulting from research recommendations.
- Investments are subject to market risks; clients should read all related documents carefully before investing.
- Registration granted by SEBI/RAASB and certification from NISM does not guarantee the intermediary's performance or provide any assurance of returns to investors.
8. CONFLICT OF INTEREST
The Research Entity adheres to SEBI regulations regarding disclosure and mitigation of actual or potential conflicts of interest.
Some disclosures include:
- The Research Entity or its officers/employees do not trade in securities that are the subject matter of recommendation.
- No actual or potential conflicts of interest arise from connections to issuers of products/securities; such conflicts will be disclosed to the client when they arise.
- The Research Analyst, its employee, or its associates have not received compensation from the company that is the subject matter of recommendation.
9. VALIDITY
These Terms remain in effect for the duration specified in the service package. The Client and Research Entity may mutually agree to renew services; otherwise, the Agreement automatically terminates upon completion of the term.
10. TERMINATION OF SERVICE AND REFUND OF FEES
- The client may terminate the Agreement if the Research Entity fails to provide recommendations (but not solely based on not achieving desired returns or incurring losses).
- The Research Entity may suspend or terminate services due to suspension/cancellation of its SEBI registration and will refund the residual amount.
- If registration is suspended for more than 60 days or cancelled, the Research Entity will refund fees on a pro-rata basis from the effective date of cancellation/suspension to the end of the subscription period.
11. GRIEVANCE REDRESSAL AND DISPUTE RESOLUTION
- For grievances (non-receipt of report, missing content, deficiencies), the client may raise a grievance.
- The Research Entity will ensure redressal within 7 days and resolve grievances within SEBI circular timelines.
- Clients can contact via email: compliance@streetgains.in.
- If unsatisfied, grievances can be lodged with SEBI at https://scores.sebi.gov.in/ or by writing to SEBI.
- If still unsatisfied, dispute resolution can be initiated through the ODR Portal: https://smartodr.in.
- Disclaimer: The client must follow the procedure; otherwise, the RA is not liable for delay.
- Note: Clients are advised to read SEBI Master Circular No. SEBI/HO/MIRSD-POD-1/P/CIR/2024/49 dated May 21, 2024, or future updates.
12. MEANS OF COMMUNICATION
- Recommendations will be provided via SMS/Mobile Application.
- The client should only accept recommendations received through these specified mediums. The Research Analyst is not liable for communications received through other means.
- Email communications are only valid from the streetgains.in domain name; the RA is not liable for emails from other domains.
13. MOST IMPORTANT TERMS & CONDITIONS
These terms and conditions are for RA's research services. The RA cannot execute/carry out trades on behalf of the client; clients are advised not to permit this.
Key Points:
- RA's fees are subject to the maximum amount prescribed by SEBI Research Analyst Administration and Supervisory Body (RAASB) (applicable only for Individual and HUF Clients).
- Current fee limit: ₹1,51,000/- per annum per family of clients.
- Fee limit does not include statutory charges.
- Fee limits do not apply to non-individual clients/accredited investors.
- RA may charge fees in advance (max one year); pro-rata refund for premature termination.
- Client may pay fees via specified modes (cheques, online bank transfers, UPI); cash payment is not allowed.
- RA must abide by SEBI and RAASB regulations for conflict of interest disclosure and mitigation.
- Assured/guaranteed/fixed returns schemes are prohibited and will not be offered.
- RA cannot guarantee returns, profits, accuracy, or risk-free investments.
- Investment based on recommendations is subject to market risks; recommendations do not assure returns.
- SEBI registration, Enlistment with RAASB, and NISM certification do not guarantee RA's performance or returns.
For any grievances:
- Step 1: Contact RA at research@streetgains.in / 9900391006 or https://streetgains.in/grievance.
- Step 2: If unsatisfactory, lodge grievance with SEBI at www.scores.sebi.gov.in.
- Step 3: Consider Online Dispute Resolution (ODR) through https://smartodr.in.
Important: Clients must keep contact details (email ID, mobile number) updated with the RA. The RA will never ask for client's credentials or OTPs for their bank account; clients should never share such information.
14. CONFIDENTIALITY
The Research Entity maintains client accounts and data as mandated by SEBI (Research Analyst) Regulations, 2014. Confidential information will not be divulged without prior client permission, except where required by law.
15. OPTIONAL CENTRALISED FEE COLLECTION MECHANISM
Mentions an optional CeFCoM for Investment Advisors and Research Analysts. The Research Entity has not opted for it but it will be available once registered.
16. DISPUTE
No legal proceeding against the Research Entity for actions done in good faith under SEBI (Research Analyst) Regulations, 2014. Disputes between parties will be resolved through arbitration or other mutually agreed methods.
17. SEVERABILITY
If any provision of the Agreement is found invalid, illegal, or unenforceable, the remaining provisions will remain in full effect, provided the essential purpose is not undermined.
18. FORCE MAJEURE
Neither party is liable for failure or delay in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, or other unforeseen events.
19. DISCLOSURES AND DISCLAIMER
The client must read the disclosure and disclaimer on the website. The Research Entity will disclose any changes in the information contained therein.
20. MISCELLANEOUS
Each party agrees to perform further actions and execute further agreements to effectuate the purposes.
Agreement Acceptance
By subscribing to our services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Client Acceptance Agreement. This agreement is governed by the laws of India and SEBI regulations.