Master User Agreement (Terms of Use)
Welcome to Sarmaaya! Please read these terms carefully before using our services.
Welcome to Sarmaaya! This "User Agreement" governs your use of our websites;www.sarmaaya.comhttps://sarmaaya.pk/("Website", "Platform", "Sarmaaya", "Sarmaaya Financials", "we," "us," "our") and any services, tools, or content provided through it. By accessing or using our services, you agree to comply with this Agreement.
If you do not agree with all or any part of this Agreement, please exit immediately - you are not permitted to use the details provided on the Website.
1. Definitions
1.1. "User," "you," "your" refers to any individual or entity accessing or using our Website.
1.2. "Services" include investment tracking tools, financial data, training sessions, calculators, and other resources available on our Platform - as described in but not limited to Annexure A of this User Agreement, which is a non-exhaustive list.
2. User Consent
By creating an account and / or using Sarmaaya in any manner including for knowledge purposes only, you expressly agree to this "User Agreement". Moreover, on account registration or before using paid services, you must actively consent by checking the designated box or any other alternative means deployed including continuing to use the Platform, to confirm your acceptance to the terms of this "User Agreement". If you do not agree, you must immediately discontinue use of our Platform.
3. Electronic Signatures
3.1. You agree that your electronic acceptance of this "User Agreement" and any associated documents, including by checking boxes, clicking buttons, or continuing to use the Platform, constitutes your legally binding electronic signature under applicable electronic transaction laws.
3.2. You further agree that Sarmaaya may rely on such electronic signatures for the purposes of binding contract formation, document execution, and consent capture.
4. Account Registration & User Responsibilities
4.1. Eligibility
You must be at least 18 years old to use our Services.
4.2. Account Security
You are responsible for maintaining the confidentiality of your login credentials and are liable for all activities conducted under your account.
4.3. Accurate Information
You agree to provide truthful and up-to-date information when creating an account.
4.4. Prohibited Activities
You must not:
- (a) Use our Website for illegal or fraudulent purposes.
- (b) Distribute, modify, duplicate or reverse-engineer our content or tools.
- (c) Use bots, automated systems, or scraping techniques to extract data.
- (d) Engage in deceptive practices, spam, or violate any applicable laws.
If we suspect misuse of our platform, we reserve the right to suspend or terminate your account. Furthermore, if, for any reason, you are prohibited, suspended, or otherwise barred from accessing or using the Services under any applicable law, regulation, or contractual obligation, you must not use the Services. We accept no liability for any use of the Services by you in contravention of such prohibition, and you agree to indemnify and hold us harmless from any claims, damages, or losses arising from such unauthorized use. Refunds will not be entertained in such circumstances.
5. Communication & Notifications
5.1. By registering an account or using our services, you consent to receive communications from Sarmaaya through electronic means including email, SMS, push notifications, and in-app alerts.
5.2. These communications may include administrative notices, legal disclosures, subscription alerts, product updates, and marketing material. You may adjust your communication preferences within your user profile, but some service-related notices are mandatory and cannot be opted out of.
6. Protection of Sarmaaya Financials' Content
6.1. Ownership of Content
All content, including but not limited to text, graphics, logos, images, widgets, stock screeners, calculators, training materials, videos, and software ("Sarmaaya Content"), is the exclusive property of Sarmaaya its licensors or subsidiaries.
6.2. Intellectual Property and Analytical Tools
6.2.1. All proprietary software, financial models, screeners, risk analytics, training content, and machine-generated insights available on the Sarmaaya Platform are the intellectual property of Sarmaaya.
6.2.2. Unauthorized use, duplication, distribution, or reverse engineering of these proprietary resources is strictly prohibited and may result in legal action. You agree not to access or use any such features to build competing products or services.
6.3. Restrictions on Use
You agree not to:
- (a) Copy, reproduce, distribute, transmit, modify, or create derivative works based on "Sarmaaya Content" without explicit written permission.
- (b) Use any automated tools (bots, scrapers, etc.) to collect or extract data from the Website.
- (c) Use our branding, trademarks, or copyrighted materials in any unauthorized manner.
Any unauthorized use of Sarmaaya's content shall result in penalty and / or legal action.
7. Services & Financial Disclaimer
7.1. No Financial Advice; No Fiduciary Duty
Sarmaaya provides informational content only. We do not offer investment, financial, or legal advice and are not responsible for investment decisions made based on our content or any other content.
7.2. Waiver of Liability
The data provided on our Platform is for informational purposes only. Sarmaaya, its employees, licensors, and partners shall not be liable for any investment losses, missed opportunities, or financial damages resulting from the use of our data or any other data.
7.3. Disclaimer
7.3.1. The information, data, analytics, and any other content provided on or through the Sarmaaya platform (collectively, the "Information") is made available solely for general informational and educational purposes and does not constitute financial, investment, legal, tax, or other professional advice. You acknowledge and agree that all investment decisions are made at your sole discretion and risk, and you are solely responsible for evaluating the merits and risks associated with the use of any "Information" before making any investment or financial decision.
7.3.2. Sarmaaya, its directors, officers, employees, affiliates, licensors, service providers, and partners (collectively, the "Sarmaaya Parties") expressly disclaim any and all liability for any direct, indirect, incidental, consequential, special, exemplary, or punitive losses or damages, including without limitation any loss of profits, loss of data, missed investment opportunities, financial loss, or damages of any kind, whether in contract, tort (including negligence), strict liability or otherwise, arising out of or in connection with:
- (a) your reliance on, use of, or inability to use any "Information" provided on the Platform;
- (b) any inaccuracies, errors, or omissions in the "Information";
- (c) any delays or interruptions in the availability of the Platform or the "Information";
- (d) any third-party content, data, or services accessed through the Platform.
7.3.3. No warranty, express or implied, is given as to the accuracy, completeness, reliability, timeliness, or availability of the "Information", and Sarmaaya does not endorse, recommend, or guarantee any investment, financial product, or service described or referred to on the Platform.
7.3.4. You are strongly encouraged to seek the advice of a qualified financial advisor or other professional before making any investment or financial decision based on the "Information" provided.
8. Payment, Subscriptions & Refunds
If Sarmaaya offers paid services, the following terms apply:
8.1. Subscription Fees
Fees will be clearly stated before purchase.
8.2. Billing Cycle
Payments are charged as per the selected plan.
8.3. Refund Policy
If you purchase a subscription or paid service, you may request a refund under the following conditions:
8.3.1. Refunds are available within 7 calendar days of purchase, provided the service has not been extensively used (e.g., accessing over 50% of the content).
8.3.2. No refunds will be issued for monthly subscriptions after the first 7 calendar days.
8.3.3. For annual subscriptions, prorated refunds are available only if cancellation is due to avoidable technical issues at our end.
8.3.4. Unresolved chargebacks or disputes with payment providers may result in account suspension.
8.4. Payment Processing and Gateway Disclaimer
8.4.1. Sarmaaya uses third-party payment service providers to process all monetary transactions made through the Platform. By using our paid services, you agree to be bound by the terms and conditions of such third-party payment service "Providers", and / or processors ("Providers").
8.4.2. We do not store full payment card data and are not responsible for any security breaches, transaction failures, or service outages arising from the actions or omissions of these "Providers".
8.5. Late Payments and Penalty Charges
8.5.1. Any payments due under this "User Agreement" that are not received by the due date shall be considered overdue. In the event of delayed payment, the defaulting party shall be liable to pay a late payment penalty of [●]% per month (or the maximum amount permitted by applicable law, if lower) on the outstanding amount, calculated on a daily basis from the due date until the date full payment is received. This penalty is in addition to, and not in lieu of, any other rights or remedies available to the non-defaulting party under this Agreement or applicable law.
8.5.2. The imposition or collection of a late payment penalty shall not be construed as a waiver of the obligation to make timely payments or of any other breach under this "User Agreement".
8.5.3. We reserve the right to change pricing and notify users accordingly.
9. Privacy & Data Protection
9.1. Data Security & Liability
We implement industry-standard security measures, including encryption and access controls. However, in the event of a data breach caused by factors beyond our reasonable control, we shall notify affected users promptly and take remedial action.
9.2. User Rights
Depending on your jurisdiction, you may have rights to access, amend, or permanently delete your personal data stored with the Platform. To exercise these rights, contact [Insert Contact Email].
9.3. Use of Third-Party Data
If you receive or obtain any data, content, or information from a third party that is intended for or originates from Sarmaaya, or that relates to the Sarmaaya platform or its users, you agree to immediately notify Sarmaaya Financials in writing and refrain from using, disclosing, distributing, or otherwise exploiting such data in any manner. You further acknowledge and agree that any unauthorized use or retention of such third-party data shall constitute a breach of this "User Agreement", and may also violate applicable data protection, confidentiality, or intellectual property laws. Sarmaaya Financials reserves all rights to take legal action in the event of such breach.
10. Limitation of Liability
10.1. No Warranty
We provide our Website and services on an "as-is" and "as-available" basis, without warranties of any kind.
10.2. Limited Liability
We are not liable for:
- (a) Any financial losses arising from reliance on our tools, data, or content.
- (b) Service disruptions, inaccuracies, or security breaches.
- (c) Any direct, indirect, incidental, or consequential damages.
- (d) If any third party brings a claim, demand, or legal action against Sarmaaya in connection with, or arising from, your investment decisions, actions, or omissions based on information or services provided by the Platform, you agree to fully indemnify, defend, and hold harmless Sarmaaya, its affiliates, directors, officers, employees, and agents from and against all liabilities, damages, losses, costs, and expenses (including reasonable legal fees) incurred in connection with such claim.
10.3. Indemnification
You agree to indemnify and hold harmless Sarmaaya, its affiliates, and employees from any claims, damages, or expenses arising from your use of our Website.
11. Governing Law & Jurisdiction
This "User Agreement" shall be governed by and construed under the laws of Pakistan. Any disputes shall be resolved exclusively in the courts of Pakistan after exhausting remedies as provided under Clause 22.
12. Feedback and Suggestions
12.1. You may choose to submit feedback, suggestions, or improvement ideas about the Platform. By doing so, you agree that such feedback becomes the sole property of Sarmaaya and we are free to use, disclose, modify, or incorporate it into our services without compensation or acknowledgment to you.
13. Changes to This Agreement
We reserve the right to update this "User Agreement" at any time, without prior notice. Any changes will be effective immediately upon posting on our Website. Continued use of our services constitutes acceptance of the revised "User Agreement".
14. Service Availability
14.1. We do not guarantee uninterrupted access and are not responsible for service disruptions.
14.2. We rely on third-party service providers and data sources for certain information displayed or made available on the Platform. You acknowledge and agree that Sarmaaya shall not be held responsible or liable for any delays, interruptions, inaccuracies, or unavailability of data caused by the actions, omissions, or technical failures of such third-party providers, regardless of when such delays may occur.
14.3. We make no guarantees as to the timeliness, completeness, or accuracy of third-party data and disclaims any liability arising from reliance on such data by you or any other party.
15. Force Majeure
We are not liable for disruptions caused by events beyond our control, such as natural disasters, power outages, government actions, cyber-attacks, or public health emergencies.
16. Compliance with Laws
Users agree to comply with all applicable laws and regulations. We reserve the right to cooperate with regulatory authorities and disclose user information if required by law.
17. Training and Educational Content
Sarmaaya provides training sessions led by industry experts. These sessions are intended for educational purposes only and do not constitute financial or investment advice.
18. Data Accuracy and Third-Party Providers
While we strive to provide accurate and up-to-date information, we do not guarantee the completeness or reliability of data sourced from third parties, including stock exchanges and brokerage firms.
19. Third-Party Services and Integrations
19.1. Our Platform contains links or integrations to third-party services including but not limited to brokerage APIs, financial news feeds and data (real time or otherwise), payment processors, and educational resources.
19.2. These third-party services are not controlled or operated by Sarmaaya. We do not endorse and are not liable for such third-party platforms, including but not limited to their accuracy, availability, or practices. Your use of these services is at your own risk and subject to their own terms of use and privacy policies.
20. Termination & Suspension
We may suspend or terminate accounts for violations of this "User Agreement", fraudulent activities, or attempts to disrupt our platform.
21. Inactivity or Fraud-Based Suspension
21.1. We reserve the right to temporarily or permanently suspend or terminate user accounts that:
- 21.1.1. Remain inactive for a continuous period of 12 months or more; or
- 21.1.2. Are suspected of engaging in fraudulent, unlawful, or suspicious activities; or
- 21.1.3. Fail to comply with regulatory verification requirements.
21.2. Prior to termination, users will receive notice via their registered email address where applicable. We may retain certain user data in accordance with our legal obligations and internal data retention policies.
22. Dispute Resolution
22.1. Any dispute, controversy, or claim arising out of or in connection with this "User Agreement", including any question regarding its existence, validity, interpretation, breach, or termination, shall be first resolved via mediation and / or negotiation, in a manner deemed fit by Sarmaaya and User. If the matter remains unresolved for six months since it was formally initiated under mediation and / or negotiation, then it may be taken to arbitration by either Sarmaaya or the User, in accordance with the provisions of the Arbitration Act, 1940 (Pakistan) – which shall serve as the governing arbitration law. However, both Sarmaaya and User may mutually agree to continue the mediation and / or negotiation exercise without opting for arbitration, post six months of initiation of the dispute resolution exercise.
22.2. The procedural rules governing the arbitration, including appointment of arbitrators, conduct of proceedings, evidence, and issuance of the award, shall be in accordance with the UNCITRAL Arbitration Rules, as revised and in effect at the time the arbitration is initiated.
22.3. The following terms shall apply:
- (a) Number of Arbitrators: The arbitral tribunal shall consist of one (1) arbitrator, unless the parties agree otherwise in writing.
- (b) Appointment: If the parties fail to agree on the appointment of the arbitrator within 14 days of a written request to do so, the arbitrator shall be appointed in accordance with the UNCITRAL Rules.
- (c) Place of Arbitration: The seat and venue of arbitration shall be Islamabad, Pakistan, unless otherwise agreed in writing.
- (d) Language: The language of arbitration shall be English.
- (e) Binding Decision: The arbitral award shall be final and binding on both parties and may be enforced in any competent court of jurisdiction, including under the Arbitration Act, 1940.
- (f) Each party shall bear its own costs and share equally the arbitrator's fees, unless the tribunal decides otherwise in the final award.
23. No Investment Recommendation
23.1. Nothing contained on the Sarmaaya platform, including but not limited to data, analysis, commentary, forecasts, charts, or any other content, shall be construed as a recommendation, solicitation, or offer to buy, sell, or hold any security, financial product, digital asset, or other investment instrument.
23.2. All content is provided for general informational and educational purposes only and does not take into account your individual objectives, financial situation, investment horizon, or risk tolerance. You acknowledge and agree that any investment decision made by you is based solely on your own independent evaluation, and that you assume full responsibility for all investment decisions and outcomes.
23.3. Sarmaaya does not provide personalized investment advice, portfolio management, or brokerage services, and nothing on the Platform should be interpreted as constituting such services. You are strongly encouraged to consult with a licensed financial advisor, tax consultant, or legal professional before making any investment or financial decision.
24. Acknowledgment
By using Sarmaaya, you acknowledge that you have read, understood, and agree to this "User Agreement".
25. Eligibility; Accounts and Registration
25.1. You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account and agree to a product's terms, to the extent applicable to that service, which may be incorporated herein or available on a separate Platform site. When you register for an account you will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information.
25.2. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may use the Services only for transactions on your own behalf.
26. Prohibited Use
26.1. By using the services, you agree not to:
- 26.1.1. reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any product's terms to the extent applicable to that product's Services;
- 26.1.2. remove or modify any copyright or other intellectual property notices that appear in the Services;
- 26.1.3. use the Services in any way that is unlawful, or harms Sarmaaya, its service providers, suppliers, affiliates, or any other user;
- 26.1.4. distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services;
- 26.1.5. impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
- 26.1.6. reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any information or other data or content available through Sarmaaya
- 26.1.7. upload invalid data, viruses, worms, or other software agents to the Platform;
- 26.1.8. post, reproduce, publicly display, or otherwise make accessible any content, which we, in our sole judgement and discretion, consider illegal
- 26.1.9. interfere with, or compromise the system integrity or security of the Platform, or otherwise bypass any measures we may use to prevent or restrict access to the Platform;
- 26.1.10. conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing "captcha" or similar precautions, or any other automated activity with the purpose of obtaining information from the Platform) on the Platform;
- 26.1.11. use any of the Sarmaaya trademarks as part of your screen name or email address on the Platform or otherwise;
- 26.1.12. access or use any of the services and information made available, to develop competitive products or services; or
- 26.1.13. attempt to, or permit or encourage any third party to, do any of the above.
27. User-Generated Content and Community Standards
27.1. If the Platform allows user comments, messages, uploads, or forum participation, you agree not to post content that:
- 27.1.1. Is defamatory, harassing, obscene, or offensive;
- 27.1.2. Violates any intellectual property rights or privacy rights;
- 27.1.3. Contains viruses, malware, or other harmful code;
- 27.1.4. Is misleading or impersonates another person;
- 27.1.5. Advertises third-party products or contains spam.
27.2. We reserve the right to remove such content and suspend the associated user accounts at our discretion, without prior notice.
28. Annexure Reference – Mahir & Zar Terms of Reference
28.1. Certain services provided by Sarmaaya, including but not limited to
- (a) Mahir – a digital learning platform offering structured financial education, and
- (b) Zar – a personal budgeting and expense-tracking tool,
are governed by their respective Terms of Reference ("ToRs"), which define the scope, eligibility, conduct, and limitations specific to those services.
28.2. By accessing or using Mahir or Zar via sarmaaya.pk or zar.sarmaaya.pk, you expressly agree to the provisions set out in: Annexure B: Zar Terms of Reference and Annexure C: Mahir Terms of Reference. These annexures shall be read as integral components of this "User Agreement". In the event of any inconsistency or conflict between this "User Agreement" and either "ToR", the provisions of the relevant "ToR" shall prevail for matters specifically related to that service.
Annexures
Annexure A: Zar and Related Sarmaaya Services
- • Zar: Sarmaaya's proprietary toolkit for enhanced investment analysis and tracking.
- • Sarmaaya Explain: Simplified explainers and guides for financial literacy and investment understanding.
- • Investor Knowledge: Curated content to highlight critical investment factors and risks.
- • Zar by Sarmaaya: Bundle of advanced investment tracking, tax planning, and notification features.
- • Sign-Up Process: Verification and registration steps for accessing ZAR and related features.
- • Defining Your Investing Objectives: Tools to define financial goals for analytics customization.
- • Creating Your First Portfolio: Guided interface for first-time investors to set up and manage portfolios.
- • Deductions and Broker Slabs: Visualization of brokerage slabs and transaction-related deductions.
- • Trade Execution: Trade simulation and educational mock trading tools.
- • Zar Offers: Limited-time promotional features, discounts, and bundled tools.
- • Reducing Your Losses with ZAR: Support features for minimizing portfolio losses and risk alerts.
- • Start Your Free Trial: Time-limited trial of ZAR Premium features.
- • Company Alerts and Announcements: Notifications about dividends, earnings, and corporate updates.
- • Portfolio Analysis and Tax Adjustment: Portfolio performance breakdown and tax visualization tools.
- • Manual Dividend, CGT, and Bonus Adjustments: Manual entry of dividend, capital gains, and bonus data.
- • Tracking Your CASH Investments: Inclusion of fixed income and non-equity investments.
- • Our Portfolio Analytics: Advanced tools for tracking returns, volatility, diversification, etc.
- • Analysing ILP with ZAR: Tools to analyze Investment-Linked Plans (ILPs).
- • Using Index Benchmarks: Custom and standard index comparison tools.
- • Real-Time Notifications: Instant updates on market activity, alerts, and portfolio changes.
- • Growth for the Future: Notifications and tools for roadmap improvements and feature rollouts.
Annexure B: Zar Terms of Reference
These Terms of Reference ("ToR") govern your use of Zar by Sarmaaya, an online budgeting and expense-tracking tool available at https://zar.sarmaaya.pk ("Zar" or "Platform"), which is owned and operated by Sarmaaya ("Sarmaaya," "we," "us," or "our"). By accessing or using Zar, you agree to be bound by these "ToR" as well as Sarmaaya's Master User Agreement.
1. Purpose and Nature of the Platform
Zar is a personal financial tool designed to assist users in organizing, tracking, and analyzing their income, expenses, budgets, and savings goals. Zar does not offer financial, investment, tax, or legal advice.
Key Requirements:
- Must be 18+ years old
- For personal, non-commercial use only
- User responsible for data accuracy
- No financial advice provided
- Governed by Pakistani law with arbitration in Islamabad
Annexure C: Mahir Terms of Reference
These Terms of Reference ("ToR") govern your use of Mahir by Sarmaaya, an online learning platform available at sarmaaya.pk and sarmaaya.com ("Mahir" or "Platform"), which is owned and operated by Sarmaaya.
Background & Objective:
Sarmaaya.com is an online financial education platform that delivers structured and skill-based training programs under its flagship initiative, Mahir. The Mahir program offers diverse online courses in trading, investing, financial analysis, and related subjects.
Course Types:
- Technical Analysis Masterclasses
- Fundamental and Quantitative Analysis
- Risk Management & Portfolio Building
- Market Psychology & Trading Discipline
- Webinars, Mentorships, and Masterminds
- Personal Finance and Investment Strategy
Important Notes:
- All content is for educational purposes only
- Does not constitute financial advice
- Digital Certificate of Completion provided
- All content is intellectual property of Sarmaaya
- Governed by Pakistani law
Contact Information
This document contains the complete Master User Agreement and all associated Terms of Reference.
For questions about these terms, please contact us through our official channels.