Terms and Conditions
Last updated: 25th Mar 2025
Welcome to our the website (“Elever Web"). By continuing to browse and use this Elever Web, You are agreeing to comply with and be bound by the following terms and conditions of use (“Agreement”), which together with our ‘Privacy Policy’, govern Your use of our Elever Web.
Reference to the Elever Web in this Agreement shall include browsing and usage of the Elever Web when accessed directly.
Nothing contained in this Agreement is intended to modify or amend any other written agreement, if any, that may currently be in effect between You and Elever Investment Adviser Private Limited, with regard to matters other than Your use of our Elever Web.
Elever may periodically modify this Agreement, and any such modifications will be effective immediately upon posting. We suggest that You periodically check this Agreement for modifications. If You do not agree to this Agreement, do not use our Elever Web.
For the purpose of this Agreement, Elever Investment Adviser Private Limited, a private limited company incorporated under the Companies Act, 2013 having its office at Smartworks, Vaishnavi Tech Park, 5th Floor, South Wing, Bellandur Gate, Ambalipura, Bengaluru – 560103, Karnataka, (“Elever,” “we,” “us” or “our”) acts as the owner of the document. “You” or “Your” refers to an individual who uses our Elever Web to avail our Service, or accesses our website for informational purposes.
Please note that, unless stated otherwise the context or meaning requires, the following expressions that have been used anywhere and everywhere in this Agreement or any document that is provided in relation to this Agreement, shall have the below meaning:
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein, Elever and You hereby agree as follows:
I. Using Our Services
II. Scope of Services
Elever is authorized to carry on the business of offering discretionary, non-discretionary and advisory services as a Portfolio Manager vide Registration No. INP000008905 (“Portfolio Management Services”). Other information regarding the provision of Portfolio Management Services is included in the Investor Charter (available here) and Disclosure Document (available here).
III. Appointment
Pursuant to valid and proper authority and in accordance with applicable Law, You hereby appoint, entirely at Your risk, Elever to render the services of Portfolio Manager to you as per the terms and conditions set out in the Portfolio Management Services Agreement (“PMS Agreement”) entered into between you and Elever as per Regulation 22(1) of the Securities Exchange Board of India (Portfolio Managers) Regulations, 2020 (“PM Regulations”) for the term of Your relationship with Elever and Elever agrees to such Webointment on terms and conditions provided for herein. In case of any conflict between the terms in this Agreement and those provided in the PMS Agreement, the PMS Agreement shall prevail.
IV. Consent
You hereby agree and confirm that:
V. Provision of Services
You acknowledge and agree that, for the provision of Services under this Agreement:
VI. Fees And Chargesy
Fees
VII. Grievance Redressal
In case of any grievances, You shall follow the following hierarchy:
VIII. Privacy and Data Protection
IX. Intellectual Property
X. Limitation of Liability
You will not dispute and/or hold Elever responsible for:
You further acknowledge and agree that, to the maximum extent permitted by law, neither Elever nor any of its Service Partners or Vendors will be liable for any incidental, special, exemplary or consequential damages, including loss of profits, loss of data or loss of goodwill, service interruption or in connection with the terms of this Agreement, as a result of Your use of Services. Elever's liability if any at all, in all circumstances shall not exceed the total Portfolio Management Services Fees paid by You to Elever.
XI. Modification and Termination of Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and / or we may stop a Service altogether, either due to a management decision or regulatory restrictions. In each case, we will give You reasonable advance notice. In case You wish to discontinue using the Services of Elever, You may terminate Your subscription in accordance with the termination provisions under the applicable PMS Agreement. Even upon termination of the PMS Agreement, the terms of this Agreement, to the extent applicable, shall continue to remain in force.
XII. Indemnity
You agree to indemnify, defend, and hold Elever, its Service Partners and its Vendors harmless from and against any and all losses, including legal fees, arising out of or relating to Your failure to comply with the provisions of this Agreement.
XIII. Declarations by Elever
XIV. Declarations by Client
XV. Governing Law
This Agreement shall be construed in accordance with the laws of India. Notwithstanding the provisions of sub-clause (b) below, each of the Parties submit to the exclusive jurisdiction of the courts of competent jurisdiction in Bangalore, India, insofar as it relates to any Party seeking to obtain injunctive or equitable relief.
XVI. General Provisions