The "Terms of Service" given here together with WealthMark “Privacy Policy” comprises a legal “Agreement” between the “User” (referred to as "you" or "your" and means any natural person or entity and its authorized representative that uses or subscribes to the “Services”) and WealthMark Financial Services and its affiliates and/or any of its partners which operates WealthMark platform (referred herein or hereafter as " WealthMark ", "we", "us" or “our”). By using or accessing the services provided by WealthMark or its partners through websites, mobile sites, mobile applications and desktop applications, applets and other applications you are accepting this agreement on behalf of yourself or the entity that you represent.
You warrant that you have the right, authority and capacity to enter into this agreement. You accept that you have read and understood all the terms and conditions given in this "Terms of Service" document and "Privacy Policy" available on the website. Also, certain features of WealthMark platform may require you to adhere to additional guidelines, terms, or rules while using these services.
We may amend this agreement related to the services from time to time. Your continued access or use of the “Services” constitutes your consent to be bound by the agreement, as amended.
PLEASE READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS AS THEY GOVERN THE USE OF WEALTHMARK PLATFORM & ITS SERVICES BY YOU:
You may not access or use the services or accept this agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this agreement, do not access and/or use the platform. These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
We may amend this agreement related to the services from time to time. All such changes made in “Terms of Service” will be effective immediately once they get updated on our website. WealthMark also encourages it’s users to regularly review these “Terms of Service”. Your continued access or use of the “Services” constitutes your consent to be bound by the agreement, as amended.
By accepting this agreement, you consent that:
(a) You may not access or use the services or accept this agreement if you are not at least 18 years old or any other age, legal in your jurisdiction for entering into a binding contract as per the law. You warrant that you have the right, authority and capacity to enter into this agreement.
(b) You understand and accept that WealthMark reserves the right to decide about the assets which can be traded on its platform and specific countries where our services can be provided.
(c) You have not been previously banned by WealthMark from using its services.
(d) You don’t have any other WealthMark account, currently. If you are entering or accessing this account on behalf of any other legal entity where you work as an Officer, Director, Employee or Agent, you must have a valid warrant to bind such a legal entity.
You are prohibited from using our services if you are an individual or organization banned under UN Security Council trade and economic sanctions list. Additionally, You must not be a resident individual or organization from a country falling under FATF Black List (High-Risk Jurisdictions subject to a Call for Action) & Grey List (Jurisdictions Under Increased Monitoring). We can restrict the availability of our services to certain countries/regions at our sole discretion.
The services are only available in jurisdictions where they may be legally offered for sale. The services are not available to “U.S. Persons”, as such term is defined under Regulation S promulgated under the Securities Act of 1933. By accessing or using the WealthMark platform, you represent and warrant that you are not a U.S. Person.
WealthMark provides an online equity, futures and derivatives trading platform. Through WealthMark, you can seamlessly trade stocks, ETFs, futures, options, currencies, and mutual funds. We are focused on constantly expanding the scope of our products and services to enhance the customer experience.
We are committed to protect and safeguard our user's data. However, WealthMark disclaims any and all responsibility or liability in relation to the accuracy, completeness and suitability of the content made available through the services, including the customer content, or any content or services provided by third parties. WealthMark does not control or vet customer content and is not responsible for what users post, transmit, or share on or through the services. WealthMark is not responsible or liable in any manner for any third-party services associated with or utilized in connection with the services, including the failure of any such third-party services or supported platforms.
In order to access WealthMark services, every user must register or create their account at https://www.wealthmark.co website. You must provide valid, accurate and complete information while registering your account on WealthMark platform. Every user account is linked to a unique e-mail ID and/or mobile no. even if it belongs to a corporate entity or business user.
You must agree to provide your personal information at the time of creating an account with WealthMark for the sole purpose of user identity verification. Such user information shall be used for complying with AML and CFT laws and identifying other fraudulent activities which a user might carry out through WealthMark platform. The usage of personal information collected from the users shall be governed by our Privacy Policy.
As per the prudent standards followed by reputed global trading platforms, we reserve the right to keep your personal data for a period of 5 years after you cease to have a relationship with WealthMark or your account is deleted by WealthMark. You can acquire information about how your personal information is used by WealthMark.
You must regularly update your relevant personal information and WealthMark reserves it right to terminate its services for a user who has provided outdated, incomplete, wrong, or false information. In case we detect fraudulent user behavior or submission of wrong information, your account shall be immediately terminated on the basis of outcome of our internal enquiry.
By registering or creating your account with WealthMark, you consent and authorize us to make inquiries directly, indirectly or via third parties to confirm or verify your identity. You agree that WealthMark can take reasonable actions to protect you and other platform users from any type of financial fraud. WealthMark will also be authorized from your end to disclose your personal data with financial crime agencies or any other fraud prevention agencies to protect you and other platform users from frauds.
The account registered on the WealthMark platform must be used only by the individual under whose name it has been registered or the authorized official of the corporate entity registered with WealthMark. WealthMark has the rights to freeze, suspend or terminate any account which is found to be used in violation of these terms. You must immediately report unauthorized usage of your account and WealthMark shall not be responsible or liable in any manner for loss or damage arising out of unauthorized usage of your account.
WealthMark and its partners have implemented industry-leading security standards to protect and safeguard user funds, and other assets. However, you hereby agree that you shall not disclose your confidential account information such as username, account password and One Time Password (OTP) with anyone, including any third-party. and take all reasonable steps to safeguard and protect your account and your personal information.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE LEGAL, REGULATORY AND TAX COMPLIANCE OF ALL TRANSACTIONS CARRIED OUT BY YOU USING THE SERVICES. WEALTHMARK SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR LOSS OR DAMAGE ARISING OUT OF ILLEGAL USAGE OF YOUR ACCOUNT.
Considering the continued adherence to the express terms and conditions given here, WealthMark shall provide you a limited, royalty-free, non-exclusive, revocable, non-transferable access right to the services through your personal computer or any other internet-enabled device. You are not authorized to use or render any of our services for commercial or resale purposes, including placing orders on behalf of any other person or third-party. All such usage of our Services shall be categorized as illegal and in violation of the “Terms of Service”. Usage of services in any manner that is not stated in “Terms of Service” or explicitly authorized is prohibited.
WealthMark, in any manner, does not transfer any legal ownership of intellectual property rights to you or any other user with respect to the usage of our services. All the WealthMark platform assets including the text, graphics, photographs, sounds, computer code, artwork, visual interfaces, documentation and the “look and feel”, expression, structure, selection, coordination, design and arrangement of the content available on our platform or through our services are directly, exclusively, singly owned, controlled and/or licensed by WealthMark or its partners, owners, licensors, affiliates and related parties.
Any feedback, ideas, suggestions or other information received by WealthMark from users via email, official social media channels, through our websites, or other medium shall be owned by WealthMark and WealthMark shall have the sole right together with intellectual property rights to the content obtained in such manner. No user can claim compensation or ownership against any feedback or suggestion provided to WealthMark.
While using the services you agree and covenant to observe the following:
All activities carried out by you during the use of our services will be in compliance of applicable laws, rules, regulations in your country and/or jurisdiction as well as the guidelines proposed by WealthMark.
Your use of our Services, in any manner, would not be allowed to violate public ethics, interests or any legitimate interests of other persons. You will not take any such action that would negatively affect, disrupt or inhibit other users from accessing our Services.
You consent that using our services while staying involved in market manipulation activities (e.g. such as price manipulation, quote stuffing, wash trading, self-trading, front running, etc.) will get you permanently banned from accessing our services.
You, in any case, will not download, copy, duplicate, reproduce, disassemble, disseminate, publish, broadcast, further transmit, remover or alter any of the proprietary labels or notices without obtaining prior written consent from WealthMark.
In any case, you shall not:
(a) use any "page-scrapper," "robot," "spider," "deep-link," or any other device, algorithm, script or methodology and/or other manual process to gather, acquire, copy or monitor our services. You are also not allowed to circumvent or reproduce the presentation or navigational structure of our Services in an attempt to gather some information, documents or materials through any means that are not publicly made available through our services;
(b) attempt to gain unauthorized access to any portion or feature of our services or any other systems and networks linked to our Services or to any servers hosting WealthMark services through the means of password “mining”, “security breach”, “cyber-attack” or any other prohibited or illegitimate manner;
(c) scan, test or probe the vulnerability or sensitivity of the servers connected to our services, neither you should breach the authentication measures used by our Services or any other networks connected to our services;
(d) take any action that imposes a disproportionate and unreasonable load on the infrastructure of our services or WealthMark IT systems or networks or any other network part of our infrastructure;
(e) use any particular software, device or perform a routine that may cause harm to the proper working of our services or any of the transactions processed on our servers or negatively affect, disrupt or inhibit other users and their transactions while using our services;
(f) violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
(g) intentionally try to defraud (or assist in the defrauding of) WealthMark or any other User;
(h) provide false, inaccurate, or misleading information;
(i) trade taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
(j) partake in any transaction involving the proceeds of illegal activity;
(k) use the services to engage in conduct that is detrimental to WealthMark or to any other User or any other third party;
(l) defame, harass, or violate the privacy or intellectual property rights of WealthMark or any other User;
(m) upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise;
(n) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(o) attempt to reverse engineer, de-compile, disable, interfere with the performance of the services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law;
(p) access our services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services.
By accessing the Service, you agree that WealthMark shall have the right (without obligation) to investigate any violation of these “Terms of Service’, unilaterally determine whether you have violated these terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you. You consent that WealthMark has the right to investigate the violation of any of the terms given here and take appropriate measures including the legal action against you without receiving your consent or giving prior notice to you.
Examples of appropriate measures taken from our side include:
(a) Freeze, suspend or terminate user account and permanently ban a user.
(b) Block order requests.
(c) Send warning alerts and messages in relation to specific user activity.
(d) Publishing the alleged services violations and initiate legal actions.
Using Our Services, when you place an order (“trading activity”), your account balance will get updated automatically reflecting your order and this order will be stored in WealthMark order book to match it with orders placed by other users (price and time priority). If a part or whole of your order matches with any of the orders placed by other users, our services will execute a “trade”.
Once the trade is completed, your account will be updated to confirm that your order has been closed or executed successfully. In specific cases related to No-Fills (entire order is open) and Partial-Fills (trade/s executed for part of an order), the order will remain open in your “Order Book” for a period of 30 days from the order date or until cancelled by you; whichever is earlier. You consent to authorize WealthMark to transfer the funds or assets to settle your trade/s with the counterparty.
You can also cancel an order placed via our services if your order has not been matched with other order/s. However, you can’t modify, cancel, withdraw an executed trade or restrict WealthMark from settling your trade with the counterparty. In case of partial matching of your order, you are allowed to cancel the remaining unmatched/pending part of your order. WealthMark also holds complete control or rights over cancellations of your order or any cancellation request received from your side.
In case of not having sufficient funds or assets in your account, WealthMark also reserves the right to cancel your entire order or may complete only partial order depending upon the assets or funds available in your account.
You acknowledge and agree that WealthMark may correct, reverse or cancel, on its sole discretion, any order, trade, transfer, or other transaction or activity with respect to which WealthMark has discovered that there was an error or abnormality, whether such error or abnormality was caused by you, WealthMark or a third party or due to technical issues, system issues, software failure or otherwise. WealthMark provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for such error(s) or any correction attempt(s)
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WEALTHMARK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR PARTNERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WEALTHMARK DOES NOT GUARANTEE THAT ANY ORDER TRASMITTED BY A USER WILL BE ACCEPTED, RECORDED, REMAIN OPEN OR EXECUTED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEALTHMARK PLATFORM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. WEALTHMARK DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. WEALTHMARK DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. WEALTHMARK IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS TO THE SERVICES. YOU HEREBY CONSENT THAT WEALTHMARK WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF:
(I) ANY INACCURACY, DEFECT OR OMISSION OF MARKET DATA;
(II) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH MARKET DATA;
(III) INTERRUPTION IN SERVICES AND DISSEMINATION OF MARKET DATA;
(IV) ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF TECHNICAL GLITCHES, HACKING, ACTIONS OF OTHER USERS AND OMISSIONS OR VIOLATION OF THIS AGREEMENT.
YOU AGREE TO INDEMNIFY AND HOLD WEALTHMARK (AND ITS OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS, INCLUDING FROM 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 SERVICES, (B) YOUR VIOLATION OF THIS AGREEMENT, (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS, OR (D) THIRD-PARTY SERVICES. WEALTHMARK 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 WEALTHMARK. WEALTHMARK WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
IN NO EVENT WILL WEALTHMARK, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON- PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF WEALTHMARK AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WEALTHMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF WEALTHMARK’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF WEALTHMARK, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF WEALTHMARK OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO WEALTHMARK UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
We may terminate your Account or suspend your access to the Services at any time and with immediate effect for any reason or no reason, in our sole and absolute discretion. We may decline to process any deposit or withdrawal without prior notice and may limit or suspend your use of one or more Services at any time, in our sole discretion. For example, we may, in our sole discretion, delay deposits or withdrawals if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this agreement.
If you have a balance remaining in an account which has been suspended, we may freeze such balance for so long as the account is suspended. If the account is terminated due to fraud, violation of law, or violation of this agreement, WealthMark may, in its discretion, confiscate any balance remaining in the account and deliver it to any applicable government, law enforcement, or other authorities where circumstances warrant.
WealthMark also reserves the right to freeze, suspend or terminate your account or related accounts owned by your affiliates or partners as well as lock the funds in all these accounts if it detects any fraudulent, illegal or suspicious activity from your account or violation of any of these Terms of Service, WealthMark Privacy Policy, or violation of any of the applicable laws and regulations WealthMark has complete right to keep, store or retrieve the transaction data or other related information of all such accounts. The termination scenario shall be applied to the below cases where:
(a) The account is linked to any legal or regulatory proceeding, criminal investigation or any other litigation;
(b) Transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this agreement or WealthMark Privacy Policy;
(c) Unauthorized access to your account has been detected or reported;
(d) The information provided during the account registration on WealthMark is false, inaccurate, incomplete or outdated;
(e) You willingly registered on the WealthMark platform using any other person’s name and e-mail ID after creating your original account, directly or indirectly;
(f) At anytime and with immediate effect, for any or no reason, whenever WealthMark considers it fit to terminate your User Account and access to the services at its sole discretion with no liability or responsibility for the losses or damages suffered by you as a consequence.
WealthMark is neither liable nor responsible for providing any advice related to trading of assets on its platform.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT WEALTHMARK IS NOT A FINANCIAL INSTITUTION, BANK, CREDIT UNION, TRUST, HEDGE FUND, BROKER OR INVESTMENT OR FINANCIAL ADVISOR, AND IS NOT SUBJECT TO THE SAME LAWS, REGULATIONS, DIRECTIVES OR REQUIREMENTS APPLICABLE TO SUCH PERSONS OR ENTITIES. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY WEALTHMARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, WILL OR SHALL CONSTITUTE INVESTMENT, OR FINANCIAL ADVICE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL TRADING DECISIONS MADE BY YOU WHILE USING THE SERVICES.
WEALTHMARK IS MERELY A TECHNOLOGY PLATFORM TO TRADE MULTIPLE ASSETS ACROSS DIFFERENT MARKETS AND YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE LEGAL, REGULATORY AND TAX COMPLIANCE OF ALL TRANSACTIONS CARRIED OUT BY YOU USING THE SERVICES.
WealthMark reserves it right to demand the “Proof of Source of Funds” from any user, to ensure that the funds and assets used for trading on our platform originated from legitimate sources. We always endeavor to be compliant with prevailing KYC, CFT & AML guidelines issued by FATF.
WealthMark may, in its discretion, confiscate any balance remaining in the Account and deliver it to any applicable government, law enforcement, or other authorities where circumstances warrant.
At the time of registering with WealthMark and while carrying out the KYC verification on our platform, you are required to furnish certain personally identifiable information like Name, DOB, Address of residence etc. and need to provide supporting documents to successfully complete the process. Please visit and review our Privacy Policy at https://www.wealthmark.co/privacy-policy to know how we collect, analyze, process and use your personal information.
PLEASE CAREFULLY READ AND UNDERSTAND THE DISPUTE RESOLUTION MECHANISM. IT IS PART OF YOUR CONTRACT WITH WEALTHMARK AND CONTAINS INFORMATION ABOUT PROCEDURE FOR MANDATORY AND LEGALLY BINDING ARBITRATION AND WAIVER OF YOUR RIGHTS TO BRING CLASS ACTION.
In the case of disputes, controversies or claims involving WealthMark:
You and WealthMark agree to resolve any claims relating to this agreement (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under exceptions to arbitrate agreement below. You agree to first give us an opportunity to resolve any claims by contacting us on our website / mobile / desktop applications.
You can contact us and submit the form available on https://www.wealthmark.co website.
In the case of disputes, controversies or claims involving WealthMark:
You and WealthMark agree to resolve any claims relating to this agreement (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under exceptions to arbitrate agreement below. You agree to first give us an opportunity to resolve any claims by contacting us on our website / mobile / desktop applications or by contacting us via the link address given above in section (A(I)).
If we are not able to resolve your claims within 90 days of receiving the notice, you may seek relief through arbitration or in the Small Claims Tribunals of Singapore (“SCT”), as set forth below.
Either you or WealthMark may submit a dispute (after having made good faith efforts to resolve such dispute) for final and binding resolution by arbitration under the arbitration rules of the Singapore International Arbitration Centre (“SIAC”), which are deemed to be incorporated into these Terms by reference. The arbitration tribunal shall consist of a sole arbitrator to be appointed by the President of SIAC. The language of the arbitration hearings shall be English and the seat, or legal place, of arbitration shall be Singapore. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED.
Either party may instead choose to assert the claims in the SCT if the claims fall within the jurisdiction of the SCT, and either party may seek injunctive relief or other urgent equitable relief in a court of competent jurisdiction. However, for the avoidance of doubt, where the claims fall outside of the jurisdiction of the SCT, the claims will be referred to and finally resolved by SIAC arbitration.
THE PARTIES HEREBY WAIVE THEIR RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, as applicable, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
The Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and WealthMark in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WEALTHMARK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by arbitration.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. However, this clause shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the agreement shall continue in full force and effect.
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
This Arbitration Agreement will survive the termination of your relationship with WealthMark. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Notwithstanding the foregoing, claims of defamation and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
WealthMark is not responsible for damages caused by delay or failure to perform undertakings under this agreement when the delay or failure is due to strikes, fires, floods, power outages or failures, acts of God or the state’s enemies, lawful acts of public authorities, any and all market movements, shifts, or volatility, computer, server, or Internet malfunctions, security breaches or cyberattacks, criminal acts, delays or defaults caused by common carriers, acts or omissions of third parties, or any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against.
In the event of force majeure, WealthMark is excused from any and all performance obligations and this agreement shall be fully and conclusively at an end.
With respect to this agreement, your relationship to WealthMark is that of an independent contractor, and neither party is an agent or partner of the other. This agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without WealthMark's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. WealthMark may freely assign this agreement. The terms and conditions set forth in this agreement shall be binding upon assignees.
The Terms of Service given here together with WealthMark “Privacy Policy” comprises an entire, valid agreement between both parties in relation to the use of the services. This agreement supersedes all previous ones entered between the concerned parties. No other document signed between the parties can modify, supplement, or alter the terms given in these Terms of Service.
Presence of any links related to the services provided by WealthMark on third-party websites does not imply endorsement by WealthMark of any third-party products, services or information presented thereon, nor does WealthMark guarantee about the accuracy or genuineness of the information contained thereon. Despite our best efforts, WealthMark can’t effectively control the third-party websites, we therefore advise that you should carefully read and understand each website’s “Terms of Service” and “Privacy Policy”, separately.
The communications between you and WealthMark use electronic means, whether you use our platform or send us emails, or whether WealthMark posts notices on the its website or communicates with you via email. For contractual purposes, you
(a) consent to receive communications from WealthMark in an electronic form; and
(b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WealthMark provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
You can reach out to us for clarifications and queries related to these “Terms of Service”, WealthMark Privacy Policy or any matter concerning our services by contacting us and submitting the form available on our website https://www.wealthmark.co. We shall be happy to resolve your queries related to the services.
The purpose of this website is solely to display information regarding the products and services. It is not intended to offer access to any of such products and services. Please note that the availability of the products and services on Wealthmark.co website or mobile app is subject to jurisdictional limitations. We may not offer certain products, features and/or services on the website or mobile app in certain jurisdictions due to potential or actual regulatory restrictions.