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    Have you ever wondered why some investors seem to always time their stock transactions perfectly to capitalise on dividends? It all comes down to understanding two crucial terms: the ex-dividend date and record date. These dates determine who gets a dividend and who doesn’t, and knowing the difference between ex-date vs record date can significantly impact your investment returns.

    Let's say you're eyeing a dividend-paying stock and planning the perfect time to buy. You would need to purchase it before the ex-dividend date to qualify for the upcoming payout. Conversely, if you're considering selling a stock but want to collect one last dividend, you'll need to hold onto it until at least the ex-dividend date. This interplay between the ex-dividend date, record date, and sometimes even the ex-bonus date, if bonuses are issued instead of dividends, forms the backbone of strategic investment planning.

    Understanding these nuances ensures you’re not left scratching your head when dividends are announced and you find your account hasn't been credited. Let’s delve deeper into what each of these dates means and how they affect your shareholder rights and rewards.

    Key Highlights

    • Ex-Dividend Date: Buy the stock before this date to receive the dividend.
    • Record Date: You must be listed as a shareholder by this date to be eligible for the dividend.
    • Investment Strategy: Understanding these dates can significantly influence your investment decisions and outcomes.

    Also read: Most Common Mistakes People Make Regarding Their Personal Finances

    What is the ex-dividend date?

    The ex-dividend date, often referred to as the "ex-date", is the crucial date that determines which shareholders are eligible to receive a declared dividend. When you hear someone ask, "What is ex-date in the share market?", they're trying to understand the cut-off day for being on the company's books to receive dividends. If you purchase a stock on or after the ex-dividend date, you will not receive the upcoming dividend; instead, the seller will.

    The ex-dividend date is typically set one business day before the record date. This timing is due to the “T+2” settlement procedure in stock trading, where transactions are settled two business days after the trade is executed.

    Understanding the record date

    The record date is set by the company issuing the dividend and is the date when the company reviews its records to determine who the shareholders of record are. To be eligible for the dividend, you must be on the company’s books by the record date. However, because of the T+2 settlement rule, you need to have purchased the stock before the ex-dividend date.

    Also read: Valuable Tips to Prevent Online Financial Fraud

    Ex-dividend date vs. record date: The key differences

    Here’s a simple breakdown of the differences between ex-date vs record date:

    Aspect Ex-Dividend Date Record Date
    Timing Set one business day before the record date due to T+2 settlement. Follows the ex-dividend date; it is when the company looks at its records to see who owns the stock.
    Significance Determines the cutoff for buying a stock to receive the declared dividend. If you buy the stock on or after this date, you will not receive the dividend. Determines who is officially a shareholder and eligible to receive the dividend on the dividend payment date.
    Impact on Investors Investors must purchase the stock before this date to qualify for the next dividend payout. Investors must be recorded as shareholders on this date to receive the dividend.
    Market Impact Stock price typically drops by roughly the amount of the dividend on this day. Generally has no direct impact on stock price but critical for administrative purposes.
    Relation to Other Dates Precedes the record date; influenced by the trading settlement process (T+2). Typically set shortly after the ex-dividend date to allow for the settlement of trades.


    Example to illustrate ex-date and record date

    Let's consider a practical example to illustrate how the ex-dividend date vs record date function in the context of the Indian stock market, which typically follows a T+2 settlement process (trades settle two business days after the transaction is executed).

    Imagine a company, that has declared a dividend on March 10th. The details are as follows:
    • Dividend Announced: March 10th
    • Record Date: March 25th
    • Dividend Payout: April 5th

    Step-by-step breakdown:

    Announcement Date:

    On March 10th, Tech Innovations Ltd. announces a dividend. This announcement will include the amount of the dividend, the record date, and the payout date.

    Setting the Ex-Dividend Date:

    Since India follows a T+2 settlement process, the ex-dividend date is typically set one business day before the record date to accommodate this rule. In this case, the ex-dividend date would be March 24th.

    Buying Before the Ex-Dividend Date:

    If an investor purchases shares of Tech Innovations Ltd. on or before March 23rd, their trade will settle on or before the record date of March 25th, ensuring they are shareholders of record and will receive the dividend.

    Buying on or After the Ex-Dividend Date:

    If an investor purchases shares on March 24th or later, the trade will settle after the record date, meaning they will not be listed as a shareholder on the record date of March 25th and will not receive the dividend.

    Record Date:

    On March 25th, the company will check its records to determine who the shareholders of record are. Only those investors whose names appear in the company's books as shareholders on this date will receive the dividend on April 5th.

    Selling the Stock:

    Investors who own the stock on March 23rd and are therefore eligible for the dividend can sell their shares on March 24th or any time after and still receive the dividend. This is because their eligibility was locked as of the record date (March 25th), and the sale of their shares will not affect this.

    In this example, the key dates are:
    • March 23rd: Last day to buy shares and qualify for the dividend.
    • March 24th: Ex-dividend date; shares bought from this day forward do not qualify for the dividend.
    • March 25th: Record date; must be on the company's books by this date to receive the dividend.
    • April 5th: Dividend payout date.

    Also read: What Is a Savings Account and How Does It Work?

    Why is this distinction important?

    Understanding the distinction between the ex-dividend date vs record date is crucial for several reasons, particularly for investors who aim to optimize their investment strategies regarding dividend payments. Here’s why this distinction is so important:

    1. Investment planning:

    The ex-dividend date is especially critical for investors looking to buy or sell shares with the intent of receiving dividends. Knowing this date helps investors time their transactions precisely. For example, if an investor wishes to receive a dividend, they must purchase the stock before the ex-dividend date and can sell any time after it without affecting their dividend eligibility. Conversely, if an investor does not wish to hold a stock long-term but wants to capture the dividend, they can time their purchase and sale around these dates effectively.

    2. Dividend eligibility:

    The record date confirms who is officially entitled to receive the dividend. Only shareholders whose names appear on the company's books on this date will receive the dividend. Therefore, understanding when you need to be recorded as a shareholder (by buying before the ex-dividend date due to the T+2 settlement rule) is essential for ensuring you are eligible for the dividend.

    3. Financial strategy:

    For those employing specific financial strategies like dividend capture—a technique where an investor purchases a stock just before the ex-dividend date and sells it right after to collect the dividend—knowing these dates is fundamental. The strategy relies heavily on the precise timing of buying and selling to take advantage of the dividend payment without holding onto the stock for longer than necessary.

    4. Market Impact:

    The ex-dividend date often impacts the stock price. Typically, the price of the stock drops by approximately the amount of the dividend on the ex-dividend date. This price adjustment reflects the dividend payout that will be made and is important for traders and investors to understand, as it affects the valuation of their investment on that particular day.

    5. Tax Implications:

    In some jurisdictions, buying a stock before the ex-dividend date and holding it for a specific period can qualify the dividends received for more favorable tax treatment (e.g., qualified dividends in the United States). Thus, knowing these dates can also have significant tax implications.

    Also read: 10 Golden Rules of Financial Planning For Beginners

    Timing is everything in investing

    Both the ex-dividend date and record date are fundamental concepts in the world of investing that affect how dividends are paid out. By keeping these dates in mind, you can better strategize your buying and selling of shares to maximize your investment returns or manage your portfolio more effectively.

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    FAQS – FREQUENTLY ASKED QUESTIONS

    • What exactly is the ex-dividend date?

      The ex-dividend date is the day on which a stock begins trading without the value of its next dividend payment. If you buy the stock on or after this date, you won't receive the upcoming dividend; it will go to the seller instead.
    • How is the record date different from the ex-dividend date?

      The record date is set by the company to determine who its shareholders are and who qualifies for the dividend. If you must own the stock by the ex-dividend date to be recorded as a shareholder on the record date due to the settlement period.
    • Why does the ex-dividend date typically occur before the record date?

      The ex-dividend date typically falls one business day before the record date to accommodate the "T+2" settlement rule in stock trading, where transactions are finalised two business days after a trade is executed.
    • Can you explain why the difference between ex-date and record date is important for dividend payments?

      Understanding the gap between these dates is crucial for investors planning to buy or sell shares with the aim of receiving dividends. Buying a stock before the ex-dividend date ensures you are listed as a shareholder on the record date, thus entitling you to the dividend.
    • What happens if I buy a stock on its ex-dividend date?

      If you buy a stock on its ex-dividend date, you will not receive the next scheduled dividend. The seller retains the right to the dividend as they were the holder before the ex-dividend date.
    • How do stock prices typically react to the ex-dividend date?

      Stock prices generally drop by approximately the amount of the dividend on the ex-dividend date, reflecting the decrease in the company’s assets due to the dividend payout.
    • Is the record date relevant if I’m selling my stock?

      Yes, the record date is relevant as you need to still be holding the stock on the ex-dividend date to qualify for the dividend. You can sell any time after the ex-dividend date and still receive the dividend, even if the record date is days later.
    • How do bonuses relate to the ex-dividend and record dates?

      In cases where companies issue bonuses instead of dividends, an ex bonus date and record date are set, similar to dividends. These dates determine eligibility for receiving bonus shares, much like how dividends are distributed.
    • How do holidays and weekends affect ex-dividend and record dates?

      If an ex-dividend or record date falls on a holiday or weekend, it is typically moved to the previous business day. It's important to confirm these dates with the company’s investor relations or a financial calendar during such instances.
    • What is the difference between the record date and ex-bonus date in the context of stock bonuses?

      Here is the information presented to differentiate between the record date and the ex-bonus date

      Aspect Record Date for Stock Bonuses Ex-Bonus Date
      Definition The date set by a company to determine which shareholders are eligible to receive bonus shares. The date on which the stock begins trading without the entitlement to the bonus shares announced by the company.
      Purpose To identify and confirm the shareholders who qualify for the bonus shares. Marks the cutoff for buying the stock to benefit from the bonus issuance.
      Impact on Buyers You must be listed as a shareholder on this date to receive the bonus shares. If you purchase the stock on or after this date, you will not receive the bonus shares from the most recent announcement.
      Trading Impact Typically does not affect the trading price directly but is important for administrative purposes. Stock may adjust in price as the entitlement to the bonus is no longer included in the purchase.

     

    DISCLAIMER

    The information contained herein is generic in nature and is meant for educational purposes only. Nothing here is to be construed as an investment or financial or taxation advice nor to be considered as an invitation or solicitation or advertisement for any financial product. Readers are advised to exercise discretion and should seek independent professional advice prior to making any investment decision in relation to any financial product. Aditya Birla Capital Group is not liable for any decision arising out of the use of this information.

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    Use of Website in India

    This Website is controlled and operated from India and there is no representation that the Materials/information are appropriate or will be available for use in other locations. If you use this Website from outside the India, you are entirely responsible for compliance with all applicable local laws. There is no warranty or representation that a user in one region may obtain the facilities of this website in another region.

    Information published on the Website may contain references or cross references to products, programs and facilities offered by ABC Companies/third parties that are not announced or available in your country. Such references do not imply that it is intended to announce such products, programs or facilities in your country. You may consult your local advisors for information regarding the products, programs and services that may be available to you.

    In your use of the Website, you may enter correspondence with, purchase goods and/or facilities from, or participate in promotions of advertisers or members or sponsors of the web site, including those of ABC Companies. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or facilities, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable ABC Companies and/or third parties.

    You agree that Facilities Provider / ABC Companies has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any other ABC Companies and/or third parties.

    Third party websites

    This Website may be linked to other websites (including those of ABC Companies) on the World Wide Web that are not under the control of or maintained by ABCL. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, facilities and/or products that may be of interest to you, quickly and easily. It is your responsibility to decide whether any facilities and/or products available through any of these websites are suitable for your purposes. The Facilities Provider or ABCL is not responsible for the owners or operators of these websites or for any goods or facilities they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).

    USE of APP

    In case any facilities/services, access/dissemination of information or execution of transaction is done through use of any APP related to ABC Companies, the additional terms and conditions governing the Use of APP shall be applicable and to be read along these Terms of Use.

    Postings and monitoring

    The Facilities Provider or ABCL or ABC Companies does not routinely monitor your postings to the Website but reserves the right to do so if deemed necessary if it is related to the facilities offered on the web site and to comply with law. However, in our efforts to promote good citizenship within the internet community, if the Facilities Provider or ABCL or ABC Companies becomes aware of inappropriate use of the Website or any of its facilities, any information, opinions, advice or offers posted by any person or entity logged in to the Website or any of its associated sites is to be construed as public conversation only, and the Facilities Provider or ABC Companies shall not be liable or responsible for such public conversation. You agree that in such cases, we will respond in any way that, in our sole discretion, as deemed appropriate. You acknowledge that Facilities Provider or ABC Companies will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, ABC Companies/Facilities Provider will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

    Submissions and unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Facilities Provider, ABCL / ABC Companies and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or the use of the Website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

    We reserve the right to terminate access to this Website at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed Materials.

    If you come across any breaches/violation or offensive material you must report to us at abc.secretarial@adityabirla.com

    Use of Cookies

    You agree and understand that the Website will automatically receive and collect certain anonymous information in standard usage logs through the Web server, including computer/computer resource-identification information obtained from "cookies" sent to your browser from a web server or other means as explained in the Privacy Policy.  

    Facilities Changes and Discontinuation

    The Website reserves the right to discontinue or suspend, temporarily or permanently, the facilities. You agree that the Facilities Provider/ ABC Companies will not be liable to you in any manner whatsoever for any modification or discontinuance of the facilities. The format and content of this Website may change at any time. We may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.

    ABCL, ABC Companies, and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non-availability of the Website and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. The Website will not be responsible for any liability arising out of delay in providing any information on the Website.

    Compliance with the Law

    You agree that you will not:

    • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website, or any portion of the Website.
    • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines generally available by third party web browsers
    • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the facilities.
    • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website or the facilities.
    • You agree not to use the facilities for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

    Restrictions on Commercial Use or Resale

    Your right to use the facilities is personal to you; therefore, you agree not to resell or make any commercial use of the facilities. In addition, the Website welcomes your feedback as a user of the facilities. Any feedback you provide will become the confidential and proprietary information of the Website, and you agree that the Website may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to the Website. The Website shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into the Website or other Website software or facilities.

    No Endorsements

    All product and facilities marks contained on or associated with the facilities that are not the Website marks are the trademarks of their respective owners. The Website would require you to respect the same. References to any such names, marks, products or facilities of third parties or hypertext links to third party sites or information does not imply the Website’s endorsement, sponsorship or recommendation of the third party, information, product or facilities.

    Promotional Offers

    You may receive from time to time, announcement about offers with intent to promote this Website and/or facilities/products of ABC Companies (“Promotional Offers”). The Promotional Offer(s) would always be governed by these Terms of Use plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms of Use, to the extent they may be in conflict with these Terms of Use. The Website reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.

    Charges for use of Website

    There are no charges or fees to be paid by you for use of this Website. However, you are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the facilities provided by them through the Website (Additional Charges).

    No Endorsement

    You are advised to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website, users may visit or be directed to third party web sites. The Website makes no effort to review the content of these web sites, nor is the Website or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites.

    In addition, the Website does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that the Website does not pre-screen content, but that the Website will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the facilities.

    Electronic Communications

    These Terms of Use and any notices or other communications regarding the Facilities may be provided to you electronically, and you agree to receive communications from the Website in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, mobile phones etc either by Facilities Provider or ABC Companies with whom the services are availed. All communications in electronic format will be considered to be in "writing". Your consent to receive communications electronically is valid until you revoke your consent by notifying of your decision to do so. If you revoke your consent to receive communications electronically, the Facilities Provider shall have the right to terminate the facilities.

    Assignment

    You shall not assign your rights and obligations under this Agreement to any other party. The Website may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.

    Legal Disclaimers

    The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law and regulations in force at the date hereof.

    The information (and opinions, if any) contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been taken into account. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. Any reference to past performance in the information should not be taken as an indication of future performance. The information is dependent on various assumptions, individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe ABCL/ABC Companies or any of its employees/authorized representative as having been in any way involved in your decision making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice.

    Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Facilities Provider / ABCL/ABC Companies makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Information on this Website sourced from experts or third party service providers, which may also include reference to any ABCL Affiliate. However, any such information shall not be construed to represent that they belong or represent or are endorsed by the views of the Facilities Provider or ABC Companies. Any information provided or sourced from ABCL Affiliate belongs to them. ABCL is an independent entity and such information from any ABCL Affiliate are not in any manner intended or to be construed as being endorsed by ABCL or Facilities Provider. The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicitation to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Website or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. Investment in the securities market and any financial instruments are inherently risky and you shall always assume complete and full responsibility for the outcomes of all the financial or investment decisions that you make, including but not limited to loss of capital. You are therefore advised to obtain your own applicable legal, accounting, tax or other professional advice or facilities before taking or considering an investment or financial decision.

    No Solicitation

    No Information at this Website shall constitute an invitation to invest in ABCL or any ABC Companies. These are meant for general information only or to meet statutory requirements or disclosures. ABCL or any of its employees are in no way liable for the use of the information by you, when making any decision or investing or trading through any investment vehicles or ABC Companies, or any other third party which may be engaged in offering of these services.

    The information contained on this Website does not represent and should not be used to construe (i) the terms on which a new transaction would be entered into by ABCL or ABC Companies, (ii) the terms on which any existing transactions could be unwound by ABCL or ABC Companies, (iii) the calculation or estimate of an  amount that would be payable following an early termination of any past/existing transactions or (iv) the valuations given to any transactions by ABCL or ABC Companies in their books of account for financial reporting, credit or risk management purposes.

    Statutory Disclosure

    ABCL and ABC Companies are engaged in a broad spectrum of activities in the financial services sectors. You understand and acknowledge that Aditya Birla Money Limited (‘ABML’), Aditya Birla Finance Limited (‘ABFL’) and Aditya Birla Sun Life Asset Management Company Limited and trustees and sponsor of Aditya Birla Sun Life Mutual Fund (‘ABSLMF’) are group companies and ABML / ABFL also acts as a distributor of ABSLMF.  Any recommendation or reference of schemes of ABSLMF if any made or referred on the Website, the same is based on the standard evaluation and selection process, which would apply uniformly for all mutual fund schemes. You are free to choose the execution facilities in the manner deemed fit and proper and no commission will be paid by ABSLMF to ABML / ABFL if you choose to execute a transaction with ABSLMF on the Website, unless otherwise agreed by you and ABML/ABFL separately. Information about ABML/ABFL, its businesses and the details of commission structure receivable from asset management companies to ABML/ABFL, are also available on their respective Website.

    Similarly Aditya Birla Money Insurance Advisory Services Limited and Aditya Birla Insurance Brokers Limited are insurance intermediaries and engaged in the distribution of Insurance Products and it may services may include products of Aditya Birla Sun Life Insurance Company Limited and Aditya Birla Health Insurance Company Limited. However there is no conflict on these services and commissions if any payable are in accordance of the extant regulations.

    Force Majeure

    The Facilities Provider, ABC Companies and any of its Third Party Service Providers shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

    Indemnification

    You agree to protect and fully compensate Facilities Provider, ABCL, ABC Companies, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the facilities, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

    No Waiver

    The Facilities Provider, ABC Companies or any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Facilities Providers and ABC Companies, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

    Exclusive Agreement

    You agree that these Terms of Use are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and the Facilities Provider and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms of Use. These Terms of Use, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Website and/or the processor bank.

    Termination

    Either party can terminate this Agreement by notifying the other party in writing. Upon such termination You will not be able to use the facilities of this Website.

    Governing Law and Jurisdiction

    The Website specifically prohibits you from usage of any of its facilities in any countries or jurisdictions that do not corroborate to all stipulations of these Terms of Use. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.

    These Terms and Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

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