TERMS AND CONDITIONS FOR INVESTMENT ADVISORY SERVICES
For the purpose of this document (“Agreement”) “Investment Advisor” or “We/we” refers to AltShiftCap Technology and Digital Services Private Limited, a company registered under the Companies Act, 2013 having its Corporate office at 6 / 12, Primrose Road, Gurappa Avenue, Bangalore-560025, Karnataka, India and “Client” or “You/you” refers to the person agreeing to the terms and conditions as laid down below. “Parties” refers to the Investment Advisors and the Client.
Investment Advisor is an Investment Advisor under clause 4(f) of the SEBI (Investment Advisers) Regulations, 2013.
You confirm about learning the fact that the Investment Advisor is in the advisory services and you are desirous of availing the advisory services from the Investment Advisor.
By using the Investment Advisor’s online features and services or web sites, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time. We may update the terms in the future, and you will be able to find the most current version of this Agreement on our website.
1.1. All references in this Agreement to statutory provisions shall be construed as meaning and including references to:
a. any statutory modification, consolidation or re-enactment (whether before or after the date of this Agreement) for the time being in force;
b. all statutory instruments or orders made pursuant to a statutory provision.
1.2. Words denoting singular shall include the plural and words denoting any gender shall include all genders.
1.3. References to recitals, clauses or schedules are, unless the context otherwise requires, references to recitals to, clauses of or schedules to this Agreement.
1.4. Any reference to “writing” includes printing, typing, broadcasting and any other means of reproducing words in permanent visible form.
1.5. Any covenant or obligation of the Company, shall be deemed to include an obligation on the Promoters to cause the Company, in compliance with Applicable Law, to comply with such covenant or obligation.
1.6. The terms “include” and “including” shall mean “include without limitation”.
1.7. The headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only, shall not form part of the operative provisions of this Agreement or the schedules, and shall be ignored in construing the same.
Pursuant to valid and proper authority and in accordance with applicable laws, the Client hereby appoints, entirely at his risk, the Investment Advisor to provide services to the Client in accordance this Agreement, SEBI (Investment Advisers) Regulations, 2013 and circulars issued thereunder(as applicable and in force from time to time) (“IA Regulations”).
The Client has expressly provided his consent to avail the Services (defined below) and declares as below:
“I / We have read and understood the terms and conditions of investment advisory services provided by the Investment Advisor and also understood the fee structure and mechanism for charging and payment of fee.
I hereby further declare that neither I nor any of my immediate family members are currently availing any advisory and distribution services from Altshiftcap Technology and Digital Services Private Limited.”
3. SCOPE OF SERVICES
We shall provide advice through our online platform, namely, “https://shiftalt.capital”, on investment opportunities in global market and domestic markets on various investment products including but not limited to Direct Equities, Derivatives, and other Exchange Traded Securities based on automated and/or quantitative strategies with automated periodical and/or event based rebalancing mechanism during the term of the agreement (“Services”). We shall act solely in the capacity of Investment Advisor, our role shall be limited to providing You with standardised Stacks (curated portfolios of underlying securities) and in no case accept or hold in our account any fund or securities from You.
The term of this Agreement shall be as per the subscription option expressly selected by You, unless specifically terminated by the Parties in the manner as per the subscription package selected by You.
5. SUBSCRIPTION FEE
5.1. Subject to the changes in the applicable law, the fees and charges of the Investment Advisor with respect to Services (“Subscription Fees”) and all other material aspects with regards to the Advisory Fees, shall be as per the term & conditions of the subscription arrangement opted for by the Client. The Subscription Fees shall be inclusive of all Taxes and levies as applicable from time to time and will be solely borne by the Client.
5.2. The billing cycle for the US Strategies shall be on quarterly basis and shall be a such % of the assets under advisory (“AUA”) as may be communicated to the Client.
6. SCOPE OF ADVICE
6.1. We offer ready made standardised Stacks (curated portfolios of underlying securities), which do not need customising to each individual investor. Each standardised Stack shall clearly disclose the investment objective and the risk profile of the Stack, ranging from low risk to moderate risk and high risk. If You choose to invest in such standardised Stacks, You acknowledge that You have the necessary experience and knowledge to understand the risks involved in each stack and confirm that You choose the Stack which closely matches your own risk profile, and that You are able to bear investment risk consistent with the investment objectives and risk profile as stated in each standardised Stack, and in no case We will be liable for any loss suffered by You due to a mismatch between your risk profile and the risk profile of the Stack.
6.2. Advice given by the Investment Advisor will be based on the information obtained from publicly available sources and not on the basis of insider or material non public information of any nature whatsoever.
6.3. The recommendations given by the Investment Advisor shall be based upon the professional judgment and analysis of the Investment Advisor.
6.4. There would be no guaranteed returns associated with the advice, opinion or recommendation given by the Investment Advisor.
6.5. The Client may choose to go beyond the standardised Stack and may choose to buy or sell individual components of the Stack. The Client is solely responsible for such decisions.
6.6. The advice and recommendations given to the Client are intended strictly for Client's benefit, and no other persons shall be entitled to rely on such advice or recommendation.
6.7. The advice, opinion or recommendation given by the Investment Advisor shall be of confidential nature, and such advice, opinion or recommendation shall not be quoted in whole or in part or otherwise referred to in any document or delivered to any other person or entity for any other purpose, without Investment Advisor’s prior written consent.
6.8. Investment Advisor shall not deal in any securities beyond the Term as is defined in this Agreement for and on behalf of the Client.
6.9. Subject to the applicable laws, the Investment Advisor and/or its affiliates are also engaged in the business of providing other financial services, and that Client shall be under no compulsion to avail such services.
7. ROLE OF INVESTMENT ADVISOR
7.1. Client expressly agrees and acknowledges that any information contained in Investment advisor’s brochure or any other material or otherwise communicated by Investment advisor shall not be construed by the Client as the basis of investment and that all decisions to invest shall be on the basis of the Client’s own personal judgment arrived at after due consideration. The Client understands and agrees that Investment Advisor does not in any manner:
a. guarantee payment on any Securities; or
b. guarantee the liquidity of any Securities; or
c. make any offer to buy back any Securities/; or
d. guarantee the redemption or repayment of any Securities on maturity; or
e. guarantee the payment of interest or dividend or any other corporate actions; or
f. promise, indicate or guarantee any returns; or guarantee any good delivery.
For the purpose of this Agreement, the word “Securities” shall have the meaning prescribed in section 2 (h) of the Securities Contracts (Regulation) Act, 1956.
7.2. Role of the Investment Advisor shall be to provide access to standardised Stacks to the Client, and the Client will make an independent assessment of an investment opportunity for which he may consider the risk profile of the Stack as stated by the Investment Advisor. The Investment Advisor shall not be liable for any investment decisions taken by the Client.
7.3. Past results are not a guarantee to future performance. Yield or performance fluctuates and reflects past results. Yield or a Security’s past performance should not be considered as an indication or guarantee of future yield or results.
7.4. The Investment Advisor shall assess the risk profile of the Client, on the basis of information provided by the Client.
7.5. The Investment Advisor shall be responsible to resolve the Client grievances, if any, within the timelines specified under the IA Regulations.
8. RISK ACKNOWLEDGEMENT
Investment Advisor does not guarantee the future performance or the success of any investment decisions or strategy that Investment Advisor may recommend. Client understands that investment in Securities are subject to various market, currency, economic, political and business risks, and that those investment decisions, irrespective of the advice given by Investment Advisor, may not always be profitable. Except as may be otherwise provided by law, Investment Advisor will not be liable to Client for (i) any loss that Client may suffer by reason of any investment decision recommended or other action taken or omitted in good faith by Investment Advisor with reasonable degree of care, skill, prudence, and diligence. The Client further agrees to indemnify and hold the Investment Advisor harmless to the full extent against: (a) any and all lawful claims, losses, damages, liabilities, costs and expenses as incurred in connection with investigation of, preparation for and defense of any pending or threatened claim and any litigation or other proceeding arising due to or out of any acts done or not done by the Client or (b) any negligence or misconduct by the Client or (c) any breach or non-compliance by the Client of the applicable laws or terms of this Agreement.
9. MARKET RISK AND OTHER RELATED RISKS
9.1. The Client understands investment in Securities is subject to market risks, including the possible loss of principal amount invested.
9.2. The Client further agrees and acknowledges that the details of risk foreseen by the Investment Advisor and risk relating to the Securities recommended by the Investment Advisor for investment or disinvestments includes but is not restricted to the following:
i. Investment in equities, derivatives and mutual funds are subject to market risks and there is no assurance or guarantee that the objective of the schemes will be achieved.
ii. With any investment in Securities, the net asset value (“NAV”) of the portfolio can go up or down depending upon the factors and forces affecting the capital market.
iii. The performance may be affected by changes in Government policies, general levels of interest rates and risk associated with trading volumes, liquidity and settlement systems in equity and debt markets.
iv. Investments in debt instruments are subject to default risk and interest rate.
v. Interest rate risk results from changes in demand and supply for money and other macroeconomic factors and creates price changes in the value of the debt instruments, and consequently the NAV of the portfolio may be subject to fluctuation.
vi. Investments in debt instruments are subject to reinvestment risks as interest rates prevailing on interest or maturity due dates may differ from the original coupon of the board, which might result in the proceeds being invested at a lower rate.
vii. A mutual fund scheme/ETF may invest in non-publicly offered Securities, which may expose such mutual fund schemes to liquidity risks.
viii. Engaging in Securities lending is subject to risks related to fluctuations in collateral value/settlement/liquidity/counterparty.
ix. Use of derivatives instruments like index, futures, stock futures and options contracts, warrants, convertible, Securities, swap agreements or any other derivative instruments, including but not restricted to, for the purpose of hedging and portfolio balancing, as permitted under the applicable regulations and guidelines will expose to certain risk inherent to such derivatives. The Client is aware that the derivatives are highly leveraged instruments and even a small price movement in the underlying security could have a large impact on their value.
x. The Client expressly acknowledges that the aforementioned risks are strictly indicative and that other risks may arise in the context of investment in Securities including derivatives.
xi. The Client acknowledges that the US Products shall be exposed to foreign exchange fluctuation risks and other applicable regulatory risks.
9.3. The Client expressly agrees and undertakes not to hold the Investment Advisor liable, financially or otherwise, in respect of the aforesaid under any circumstances whatsoever.
10. REPRESENTATION AND WARRANTIES
The Client represents, warrants and undertakes to the Investment Advisor as under:
a. The retention of Investment Advisor with respect to the investment of assets under advisory held in the Client’s account is authorized by this governing document.
b. The Client has full power, legal capacity and authority to execute, deliver and perform this Agreement and has taken all necessary permissions, consents (corporate, statutory, contractual or otherwise) to authorize the execution, delivery and performance of this Agreement in accordance with its terms.
c. This Agreement constitutes a legal, valid and binding obligation on the Client, enforceable against the Client in accordance with its terms.
d. The execution by agreeing to the terms and conditions under this Agreement and performance by the Client of this Agreement and the acts and transactions contemplated hereby do not and will not, with or without the giving of notice of lapse of time or both, violate, conflict with, require any consent under or result in a breach of or default under:
i. Any law to which it is subject to; or
ii. Any order, judgment or decree applicable to it; or
iii. Any term, condition, covenant, undertaking, agreement or other instrument to which it is a party or by which it is bound.
e. The Client has read this Agreement and is aware of all the risks associated with the nature of the Services to be provided hereunder and the transaction contemplated under the Agreement, whether set out in the Agreement or not, and shall not hold the Investment Advisor and/or any employee, representative or agent of the Investment Advisor, responsible for the same.
f. The Client intends to invest his/her/its funds for lawful purposes only.
10.2. INVESTMENT ADVISOR
The Investment Advisor represents and warrants that:
a. The Investment Advisor has full power, legal capacity and authority to execute, deliver and perform this Agreement and has taken all necessary permissions, consents (corporate, statutory, contractual or otherwise) to authorize the execution, delivery and performance of this Agreement in accordance with its terms.
b. The Investment Advisor is eligible as Investment advisor under clause 4(f) of SEBI (Investment Advisers) Regulations, 2013 as hereby agrees to comply with all regulations as laid out under that regulation.
c. This Agreement has been duly executed and delivered by the Investment Advisor and constitutes a legal, valid and binding obligation on the Investment Advisor, enforceable against the Investment Advisor in accordance with its terms.
d. The Investment Advisor shall maintain an arms-length relationship between its activities as an investment adviser and other activities throughout the Term.
e. The Investment Advisor shall not provide any distribution services, for securities and investment products which is a subject matter under this Agreement, either directly or through their group entities to the Client.
11. UNDERTAKINGS AND DECLARATIONS BY THE CLIENT
11.1. The Client declares that all Client details submitted with the Investment Advisor, are true and correct, and the same shall be true and correct whenever submitted to Investment Advisor from time to time.
11.2. The Client agrees that any and all tax liabilities arising out of investment transactions will be the Client’s sole responsibility.
11.3. The Client shall execute and deliver to Investment Advisor Know Your Client documents and other documents as may be requested by Investment Advisor, for the purpose of provision of investment advisory services under this Agreement.
11.4. The Client and the Client’s co-applicants, if any, will be jointly and severally bound by the terms and conditions mentioned in this Agreement.
11.5. The Client confirms that all the applicants (including co-applicants), if any, are major.
11.6. The Client shall at all times keep adequate liquidity in his operative accounts in order for the Investment Advisor to achieve his goal of providing timely advice in accordance with this Agreement and the IA Regulations.
11.7. The Client shall provide at the end of each day all the trade details so as to help the Investment Advisor maintain proper tracking of performance of the Client on a regular basis.
11.8. The Client shall not impede the Investment Advisor in any manner which prevents the Investment Advisor from carrying out his responsibilities in providing advice on the portfolio of the Client. The Investment Advisor may at its discretion allow fifteen (15) days grace period to rectify the breach, if any, committed by the Client under this Clause.
11.9. In order to access certain services, the Client may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify the Investment Advisor of any unauthorized use of your password or account or any other breach of security. The Investment Advisor cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
11.10. The Client agrees to give rights to the Investment Advisor to receive and access data from the broker or agents for updation of portfolio or analysis purpose and such other purpose in accordance with the applicable law.
11.11. The Client agrees to give rights to their broker / agent to update their transaction data and provide the required access/data to the Investment Advisor as and when required by the Investment Advisor.
12. CONFLICT OF INTEREST
12.1. The Client understands that the Investment Advisor serves as an adviser to other clients as well and shall not be prohibited from observing the same at any point of time.
12.2. The Investment Advisor may from time to time, in the course of its normal business practice, provide conflicting recommendations to different clients based on the nature of the underlying product that the client may have subscribed to.
12.3. The Client also understands that the advice furnished to the Client may differ from the advice so furnished to other clients.
12.4. This Agreement does not limit or restrict in any way the Investment Advisor from buying, selling or trading in any security or other investment for their own account as laid out under the IA Regulations subject to Clause 13.2.
12.5. The Investment Advisor shall not derive any direct/indirect benefit out of the Client’s Securities/investment product, other than as stated under clause 5.
12.6. The Client acknowledges and agrees that the Investment Advisor and/or its affiliates and their relatives have or may have an outstanding and/or conflicting position in the securities recommended by the Investment Advisor to the Client.
13. MAINTENANCE OF ACCOUNTS AND CONFIDENTIALITY AND PROPRIETARY RIGHTS
13.1. Investment Advisor shall be responsible for maintenance of client data as mandated under the IA Regulations.
13.2. The Investment Advisor shall not enter into transactions on its own account which are contrary to its advice given to the Client for a period of fifteen (15) days from the day of such advice. If, during the period of such fifteen (15) days, the Investment Advisor is of the opinion that the situation has changed, then it may enter into such a transaction on its own account after giving such revised assessment to the Client at least 24 hours in advance of entering into such transaction.
13.3. You acknowledge and agree that the Services and any necessary software used in connection with Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Except as expressly authorized by the Investment Advisor or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on all information, data, text, software, messages or other materials ("Content"), the Services or Software, in whole or in part except as specifically authorized in a separate written agreement.
13.4. The Investment Advisor claims no ownership or control over any Content submitted, posted or displayed by you. You or a third party, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through use of Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through availing the Services which are intended to be available to the members of the public, you grant the Investment Advisor a worldwide, non-exclusive, royalty-free license to analyse, reproduce, adapt, modify, publish and distribute such Content on the website for the purpose of displaying, distributing and promoting the Investment Advisor’s Services. The Investment Advisor reserves the right to syndicate Content submitted, posted or displayed by you on or through the Services availed and use that Content in connection with any service offered by the Investment Advisor.
13.5. The Investment Advisor reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
13.6. Your use of any Software provided by the Investment Advisor will be governed by this Agreement and any additional terms and conditions of the end user license agreement accompanying such Software.
14. INDEMNITY AND LIMITATION OF LIABILITY
14.1 Without prejudice to anything contained in this Agreement, Investment advisor shall not:
a. be liable to the Client for any act, omission or delay by the mutual funds/issuers of Securities;
b. breach of any applicable law by the Client; and
c. loss suffered by Client in investment in Securities.
14.2 The Investment Advisor’s Services may provide, or third parties may provide, links to other World Wide Web sites or resources. The Investment Advisor may have no control over such sites and resources and you acknowledge and agree that Investment Advisor is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
14.3 Notwithstanding anything contained in this Agreement in no event shall the Investment Advisor be liable for any loss, direct or indirect, special, consequential and punitive damages to the Client resulting from:
a. the use or the inability to use Services
b. unauthorized access to or alteration of your transmissions or data
c. any disruption of Service owing to either technical difficulties or infrastructural issues.
d. any other matter relating to Services. The Client expressly agree that the maximum liability, if so arise, is limited to the Advisory Fees.
14.4 The Client agrees to hold harmless and indemnify the Investment Advisor, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Affiliates") from and against any third party claim arising from or in any way related to your use of Services, violation of this Agreement or any other actions connected with use of Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
15. TERMINATION & REFUND
15.1. This Agreement shall stand terminated forthwith in the following circumstances:
a. on expiry of the subscription period.
b. on express termination request received from the Client by the Investment Advisor. On receipt of such request, this Agreement shall be terminated within 3 (three) working days from receipt of such request.
c. by mutual consent
15.2. This Agreement shall be suspended during any suspension or cancellation of the registration certificate of the Investment Advisor by SEBI, Further, the Client may terminate this Agreement by giving a written notice of thirty (30) days to the Investment Advisor if such suspension or cancellation of the registration certificate continues beyond a period of thirty (30) days and on the expiry of such notice period, the Agreement shall stand terminated.
15.3. Termination of this Agreement shall not absolve the Parties of any obligations or liabilities incurred pursuant to this Agreement, prior to the termination of this Agreement. In particular, Client shall be liable to pay the Subscription, Fees and charges in relation to services rendered prior to the date of termination, if the same is unpaid as of the date of termination.
15.4. Upon termination of this agreement between the Parties, the Investment Advisor undertakes to refund any balance amount due to the Client after retaining a maximum upto 3 months of Advisory Fees and your account will be disabled and you may not be granted access to the Services.
16.1. Unless otherwise provided herein, all notices or other communications to be given to the Investment Advisor shall be made in writing and shall be deemed to be duly given or made, in the case of personal delivery, when delivered, in case of an email, 1 (one) Business Days after being dispatched on the correct registered email address of the recipient, or, in the case of a letter, 3 (three) Business Days after being deposited in the post (by registered post, with acknowledgment due), postage prepaid, to such Party at its address or email id as such Party may hereafter specify for such purposes to the other by notice in writing.
The addresses referred to above are:
Address: D-301, Tower 1, Adarsh Palm Retreat, Bellandur, Bangalore, Karnataka 560032. India
For attention of: Head – Operations
16.2. A notice or other communication received on a day other than a Business Day, or after business hours in the place of receipt, shall be deemed to be given on the next following Business Day in such place.
16.3. The address for serving notices can be changed by any Party by properly serving notices on the other Parties informing them of the changes of address.
16.4. In the event a Party refuses delivery or acceptance of a notice, request or other communication, under this Agreement, it shall be deemed that the notice was given upon proof of the refused delivery, provided the same was sent in the manner specified in this Agreement.
16.5. The Client agrees that the Investment Advisor may provide the Client with notices, including those regarding changes to this Agreement by email, regular mail, or postings on the website.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the Republic of India, and subject to the arbitration provisions contained in this Clause 17.2, courts located at Bangalore, Karnataka, India shall have exclusive jurisdiction with respect to matters arising out of this Agreement.
17.2. Dispute Resolution
In the event of any dispute the same shall be settled amicably between the Client and Investment Advisor within 45 business days. If the same is not settles within 45 business days from when it arose ,any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Bangalore, Karnataka, India in accordance with the Arbitration and Conciliation Act, 1996 and any statutory amendments or modifications thereof for the time being in force.
No failure or delay by a Party in exercising any rights or remedies hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or future exercise of any right or remedy. Except as specifically provided in this Agreement, none of the Parties shall be entitled to assign their rights and obligations under the Agreement to a third party without the prior written consent of the other Party. If any provision hereof is deemed or adjudged to be unenforceable, the remainder of this Agreement shall remain in full force and effect and shall not be affected thereby. This Agreement embodies the entire agreement between Parties with respect to matters set forth herein and supersedes all prior agreements, understandings, writings and communications between the Parties, if any, with respect to the matters set forth herein. This Agreement may not be changed, modified, discharged, or terminated orally or in any manner other than by a written agreement signed by the Parties. All remedies, either under this Agreement or by Law or otherwise afforded, will be cumulative and not alternative. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, administrators, executors, successors and assigns. Each party has received independent legal advice from its legal counsel with respect to the advisability of accepting this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the source of the language in question. Investment advisor shall not be held liable for non-performance of its obligations under this Agreement, on account of reasons beyond its control, including but not limited to: act of god, fire, earthquake, riot, robbery, power or network failures, floods, heavy rains, governmental actions, strikes and wars.
19.1. The Client’s use of Services is at the Client’s sole risk.
19.2. Any material downloaded or otherwise obtained through the use of Services is done at Client’s own discretion and risk and that the Client will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
19.3. The Investment Advisor has provided a payment gateway platform for your convenience and does not take any direct or indirect, explicit or implicit responsibility for any complaint or dispute arising out of such payment made on such payment gateway for any reasons whatsoever.
19.4. No control and/or possession of the portal, the services provided there-under and or any information made available by this portal are transferred to you via these terms and conditions. The Investment Advisor shall be in control and/or possession of the portal at all times.
19.5. We retain the right, at our sole discretion, to create limits at any time with or without notice on storage of Content by Client and are not responsible for the deletion or failure to store any Content and other communications maintained or transmitted by the Investment Advisor.
19.6. We may place some advertisements and promotions on our online portal the manner, mode and extent of advertising are subject to change and we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on our online portal or your subsequent dealings with such advertisers.
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