TERMS AND CONDITIONS
The Company is registered with ASSOCIATION OF MUTUAL FUNDS OF INDIA (“AMFI”) as a Mutual Funds distributor having ARN-112358.
The Company through its investment account services enables the investors/Users to undertake online transactions in mutual funds. The Company has entered into agreements/arrangements with certain select Mutual Funds/AMCs to facilitate online mutual fund transactions through the Website/Application in the existing, launched and upcoming schemes of the said Mutual Funds. However, the Company does not assure or guarantee of making available the mutual funds of all or any particular mutual fund and the User can invest in only those mutual funds with whom the Company has entered into agreements/arrangements. In order to facilitate the online transactions and ease of investing through the Website/Application, the Company has entered into arrangements with Third Party Service Providers.
By accessing the Website/Application and/or subscribing to the investment account services offered by the Company, The User agrees and accepts to abide and be bound by these Terms and Conditions at all times and further agrees to execute all such documents which may be required from time to time, to share the details with the Mutual Funds/ their authorized Registrar & Transfer Agents (RTAs) or with any court or authority with respect to transactions undertaken by the User through Website/Application.
In addition to these Terms and Conditions, the Users will be subject to any additional or supplementary terms and conditions applicable to any service/product and such additional terms and conditions shall form part of these Terms and Conditions and shall be read together with these Terms and Conditions.
The Company reserves the right to amend, alter, modify and supplement the Terms and Conditions at any time and continued usage of the Website and/or Application shall be deemed to be acceptance of such amended, altered, modified or supplemented terms and conditions.
The user/s while accessing the Website/Application and/or registering as user (the user and/or registered user collectively referred to as “User”) on the Website/Application and agreeing to the Terms and Conditions stated herein, declare that.
- The User understands, acknowledges and agrees that investments in mutual funds and securities are subject to market risks and no assurance can be given by the Company/AMCs/Mutual Funds that the objectives as stated in the schemes will be achieved.
- The User has carefully read and understood the contents of all the scheme related documents including but not limited to Statement of Additional Information, Scheme Information Document, Key Information Memorandum (KIM), addenda issued thereto from time to time and Product Label of the scheme(s) before making an investment in concerned mutual fund schemes. The User agrees to the terms and conditions of the said schemes and completely understands the risk factors associated with the schemes on the date of the transaction and thereafter. The relevant product offering documents may be read for the further details either at the relevant AMCs website or as available on our website. Past performance is not indicative of future returns. Please consider your specific investment requirements before choosing a fund.
- The User acknowledges that the investment advice extended only with regard to mutual funds is based and dependent on the submission of information and the User shall be solely responsible for any submission of incorrect or non-submission/omission of necessary and accurate information. The User confirms and believes that transaction/s undertaken is/are appropriate for the User as per the investment objective of the User.
- The User confirms that the decision to invest or undertake any transaction on the Website/Application is not induced by receipt or any promise of receipt of any rebate, gifts, incentives, commissions, directly or indirectly for making a transaction of purchase, redemption, switch or sale.
- The User is authorized to undertake transaction/s and the amount invested by the User in the scheme(s) has been derived/earned from legitimate sources. The User confirms that the monies so invested have not been utilised/invested for contravention or evasion of any statute, rule, regulation, notification, circular, direction, clarification or order passed by any judicial, regulatory, administrative, quasi-judicial authority or body.
- Pursuant to the Circular No. MIRSD/SE/Cir-21/2011 dated October 05, 2011 and Circular No. CIR/MIRSD/ 66 /2016 dated July 21, 2016, SEBI has mandated uniform “Know Your Client” or KYC and CKYC (Central KYC) requirements as required under Central Registry of Securitization and Asset Reconstruction and Security interest of India (CERSAI) to be used by all SEBI/AMFI registered intermediaries. The KYC and CKYC requirements include verification of identity and address, obtaining information of financial status, occupation and such other demographic information. Applicants must be KYC/CKYC compliant while investing with any SEBI registered Mutual Fund. In light of the said circulars, the registration of a User on the Website/Application shall be completed only upon submission of required information in an online application form, submission of mandatory documents, valid Permanent Account Number (“PAN”) and verification of the KYC Information by a KYC Registration Agency and CKYC Information by the Central KYC Records Registry (CKYCR).
- An investment account opened through Website/Application shall be activated instantly only for KYC Registration Agency (KRA) and Central KYC Records Registry (CKYCR) verified investors. The Company shall pull in the KYC and CKYC details submitted by the User with a SEBI approved KYC Registration Agency (KRA) and Central KYC Records Registry (CKYCR) only upon a receipt of confirmation from such KRA/CKYCR that the User is KYC/CKYC approved, the Company shall allow the User to transact through the Website/Application. The User shall provide a copy of valid PAN and proof of completion of KYC/CKYC through KRA/CKYCR or other details as may be prescribed from time to time, which details shall be verified with KRA.
- The Users authorize the Company to submit all the KYC/CKYC/FATCA/CRS Documents (name, PAN, age, address and signature)/ investor related documents to the respective mutual funds, Asset Management Companies (AMCs) and/ or their Registrar and Transfer Agents (RTAs) for the purpose of validation and to comply with regulatory requirement notified from time to time. The signature available in the KRA/CKYCR records/systems shall be used for signature verification for processing any request made by the User through the Website/Application or direct transactions with AMC and in the event such signature is not available or legible in KRA/CKYCR records/system, the User shall have no objections and shall co-operate with the mutual fund/AMC to carry out further checks to validate the authenticity of the request / or to reject/ disallow any transaction in the connection herewith.
- Upon successful verification of KYC/CKYC Information through KRA/CKYCR, the investment account of the User shall be activated and the User shall be permitted to operate and transact through the said account by using a login ID and password. The User shall be solely responsible, at all times, for the safety, security, protection, confidentiality and secrecy of the login ID and password. Any authorized or unauthorized disclosure of the same shall entirely be at the risk and liability of the User.
- No change in address, contact numbers, e-mail address or bank account details submitted at the time of registration of the User shall be allowed unless a duly self-attested physical copy evidencing the new KYC/CKYC Information is sent to the KRA/CKYCR/AMC/ CAMS for verification purposes.
- All the registration related data of the users will be forwarded to the Bombay Stock Exchange(BSE) StAR MF or the Registrars and Transfer Agents (RTAs). User acknowledges and grants no objection to fincash.com (Shepard Technologies Private Limited) to do all of the following acts, deeds, matters and things:
- To forward the user transaction data and requests to the respective Asset Management Companies(AMCs)/BSE/RTAs with respect to the instructions and orders of sale, purchase, transfer, splitting and consolidation of the mutual funds units.
- To transmit to the mutual fund companies(AMCs) and/or the BSE/RTAs, the information related to user nomination/changes in the investment plan or/ any other changes made through the online platform.
- To obtain and forward to the BSE/AMC, the Authorized Registrar user’s information as available in the KYC records, including user signature(s). User agrees that such records may be used by the BSE/AMC/AuthorisedAuthorized Registrar for authorizing the transactions that may be submitted by the user in physical/offline mode.
- An online transaction for purchase/redemption/switch/sale of mutual funds through the Website or Application can be placed by a registered user only through his/her/its registered account. The requests shall be processed on the basis of the instructions received through the registered account.
- The authorized and complete transactions shall be processed at the applicable Net Asset Value (“NAV”) as may be accepted by the respective Mutual Funds/AMCs/RTAs. In respect of purchase of units of mutual fund schemes (other than liquid schemes), the closing NAV of the day on which the funds are available for utilization shall be applicable for application amount equal to or more than Rs 2 lakh or such other value as may specified from time to time, irrespective of the time of receipt of such application. Provided however for the sake of clarity, in case a User undertakes a transaction for an amount less than Rs. 2 lakhs (or such other amount as may be determined from time to time) before the cut-off time, the User shall be allotted units bearing NAV for the same day on which the transaction is undertaken
- Any transaction request placed on a day not being a Business Day or after the cut off time on a Business Day mentioned on the Website/Application shall be processed on the next Business Day and the NAV of next Business Day shall be applicable as per the Scheme Information Document of the respective mutual fund. The cut-off timings will be prior to the statutory cut-off timing specified under the SEBI Regulations and the Scheme Information Document for operational convenience. “Business Day” shall mean a day (other than a Saturday or Sunday or a bank holiday) on which the banks and financial institutions are open for business in Mumbai.
- A transaction request for purchase/redemption/switch/sale of mutual funds once placed by a User cannot be cancelled under any circumstances.
- In case of a request for purchase of mutual funds, the instructions for purchase of mutual funds shall be processed subject to receipt of clear funds and acceptance of the said transaction by the Mutual Funds/AMCs/RTAs. The amount towards the purchase of mutual funds will be debited from the designated bank account of the registered user and shall be placed in the pool account of the third party service provider (the third party providing the payment gateway services). The said amount will thereafter be credited/transferred to the bank account of respective mutual funds either on the same day (in case the order is placed before the cut off time) or the next working day (in case the order is placed after the cut off time). The process shall thus, involve an interim time lag in transfer of amount form the pool account to the account of the mutual funds which may lead to change in the NAV and the Users unconditionally agree to such change in NAV.
- The Company, its employees, agents and representatives shall not be liable for any loss, direct or indirect, consequential or inconsequential, that may arise to an investor/registered user, upon purchase of units of mutual fund, as a result of the application of NAV by the concerned mutual fund/AMCs.
- In case the registered users subscribe to the units of mutual fund from the funds remitted through a bank account held jointly by two or more holders, the default option for application for subscription shall be in the joint names of all the holders of the said bank account. In case of subscription to units of mutual fund from such joint account, the decision of the first holder shall be final and binding on all the other holders.
- User shall ensure that payments for any subscriptions/ transactions/ investments are made through his/her own bank account; no third party account is used for payments and that all investments are made from legitimate sources. Any subscription to units of mutual funds from an account which is not a bank account registered as part of KYC/CKYC or a bank account which is not held by the first named unit holder, shall be rejected by the mutual fund/AMCs and the User shall have no claim or right against the Mutual Funds /AMCs /Company or their employees, agents or representatives for such rejection. The Users shall specifically ensure that units are purchased from the bank account of the first holder only in case more than one account is tagged to one customer id and such other accounts are held jointly by the first holder of units in the capacity of second holder of the bank account.
- The investors shall also have an option to apply for units in single name of any one or more names of the joint account holders of the bank account with nomination facility subject to terms and conditions of the relevant Scheme Information Document.
- The Company, its employees, agents or representative or Third Party Service Providers shall bear no liability for any delay in acceptance/execution or non-execution/rejection of any transaction request by the mutual fund/AMC. The Company shall endeavor to inform the investor once the information is provided by the Mutual Funds for the rejection and Investor will be informed accordingly.
- The registered user shall, at all times, maintain clear balance in the bank account to cover the purchase price and other costs and charges for the units to be purchased. The registered users are advised to check their daily fund transfer limits with their bank before placing a request for purchase of units or SIP request in any particular scheme.
- The Company, its employees, agents or representatives shall not be liable for non-execution or rejection of a transaction request in the event of insufficiency of clear and requisite funds in the bank account or insufficient daily transfer limit for execution of the said purchase request.
- In case of rejection of a purchase request by the Mutual Funds/AMCs, the amount shall be credited into the bank account of the registered user only after receipt of refund from the relevant mutual fund/AMCs. The Company, its employees, agents or representative or Third Party Service Providers shall bear no liability for any delay in receipt and subsequent credit of the funds into the bank account of the registered user.
- All requests for purchase of units of mutual fund or SIP requests shall be electronically tagged with the AMFI Registration Number (ARN) of the Company – ARN-112358 and shall be treated to have been made under the Regular Schemes of the concerned mutual fund.
- All purchase transactions pertaining to mutual funds made through the Website/Application shall be allotted an online folio number and the registered user shall be able to access the transaction account statement in electronic format upon receipt of data in the form of reverse feeds from the concerned Mutual Funds/AMCs/RTAs. Besides the online access to the account maintained with the Company on its Website/Application, the registered User shall receive an account statement on the registered email account. Upon request of the registered User, the Company shall send the physical account statement on the address registered with the KYC Registering Agency, as updated from time to time. Besides the above, the registered User will also receive an account statement of its purchases, redemption, switch or sale directly from the AMCs/RTAs.
- In respect of purchase of units of mutual fund schemes (other than liquid schemes), the closing NAV of the day on which the funds are available for utilization shall be applicable for an application amount equal to or more than Rs 2 lakh or such other value as may specified from time to time, irrespective of the time of receipt of such purchase request.
- The updation of data after a purchase request is processed till the time the same is updated in the systems maintained by the Company linked to the Website/Application may happen with a time lag due to reasons including but not limited to delay in receipt of reverse feeds from the mutual funds/AMCs or breakdown/interruption in the systems.
- The Company, its employees, agents or representatives shall not be liable for any variances in values arising out of delayed data feeds, transmission losses in electronic data, electronic fund transfer etc.
- The Company, its employees, agents or representatives shall not be liable for any variances in values arising out of delayed data feeds, transmission losses in electronic data, electronic fund transfer etc.
- In the event, such facility of direct credit is not available, for any reason whatsoever, the concerned mutual fund shall send a demand draft of the amount at the address given by the registered user at the time of registration and opening of the investment account with the Company.
- In case of redemptions, if the number of units held by the registered User as per the records maintained by the Mutual Funds/AMCs/RTAs is less than the number of units requested to be redeemed, then the units available at that point in time shall be redeemed. Wherever redemption of “all” units is specified in the request, all unit holdings in that Scheme shall be redeemed. All redemptions shall be subject to the provisions mentioned in the respective Offer Document / Scheme Information Document and addenda thereto issued from time to time. The Company, its employees, agents and representatives shall not be liable for non-execution or rejection of instructions for redemption of units in case the available number of units is lesser than the number indicated in the redemption request.
- The Company, its employees, agents and representatives shall not be liable for any loss, direct or indirect, consequential or inconsequential, that may arise to an investor/registered user, upon redemption or sale of units of mutual fund, as a result of the application of NAV by the concerned mutual fund/AMCs.
- The Company may enquire such details from the User which are necessary for determination and appraising the User’s needs, financial situation, investment objectives and investment in financial instruments and experience in making investments. The enquiries made by the Company are solely for assisting and guiding the Company in determination of User’s investment profile and shall not be conclusive for such determination.
- Since risk assessment and determination of investment profile depends upon the responses submitted by the User, the User shall and is required to submit accurate, correct and complete information. The User understands and agrees that any submission which falls short of being accurate, correct and complete may adversely affect the risk assessment and determination of investment profile by the Company. Further, the risk assessment of a User is solely for the internal purposes of the Company and such assessment does not guarantee or assure or represent gains/profits to be earned by the User by adhering to investment advice based on such assessment.
- The investment options suggested by the Company are largely based on the information and details submitted by the User and represent only one of the few combinations based on such information and details and risk profile of the User. Any such investment advice on mutual funds extended by the Company does not and shall not, at any time, guarantee any returns or profits or dividend or bonus or any gains of any nature whatsoever.
- The User shall not solely rely on the views, representations (whether written or oral or otherwise), recommendations, opinions, reports, analysis, information or other statement available on the Website/Application of the Company or made available by any of its agents, directors, officers or employees.
- The Users shall make their own independent assessment and any investments made or transactions undertaken by the User shall be deemed, under all circumstances, to be based on the User’s own judgment. The Company does not offer any tax/legal/financial advice and the Users are advised to independently seek tax/legal/financial advice before undertaking any transaction through the Website/Application of the Company.
- Any transaction undertaken by the User through the Website/Application shall be at the sole discretion and risk of the User. The Company shall not be liable for any profits earned or losses sustained of any nature whatsoever.
- In case the User makes any investment through the Website/Application pursuant to any recommendation made by the Company or its agents or representatives or officers, the User agrees and acknowledges that such investment has been made at the User’s own risk and the User shall consider various factors including tax, legal, financial objectives, future financial requirements etc. and seek all such professional assistance as may be required before making any such investment decision.
- The User may, in his own discretion, choose not to follow the recommendations made by the Company or its agents or representatives or officers. The Company shall not be liable for any such action of the User and shall not be liable for any potential profits, bonus, dividend or gains or losses of any nature whatsoever that the User would have earned by following the recommendations made by the Company or its agents or representatives or officers.
- Third Party Investment products are not obligations of or guaranteed by the Company or any of its affiliates or subsidiaries, and are subject to investment risks and foreign exchange risks, including the possible loss of the principal amount invested. The User agrees and acknowledges that past performance is not indicative of and does not assure or guarantee any future returns and the prices and/or returns may fluctuate from time to time leading to gains or losses. Neither the Company nor any of its agents or representatives or officers assure or guarantee any fixed returns or assurance of any interest, dividend or profits. The Company also does not guarantee the preservation of the principal amount of the investment and the same shall be subject to the market risks and other factors determining the performance of the said investment.
- The Website or Application or any views, representations (whether written or oral or otherwise), recommendations, opinions, reports, analysis, information or other statement available on the Website/Application of the Company or made available by any of its agents, directors, officers or employees does not constitute the distribution of any information or the making of any offer or solicitation by anyone to a United States Person (U.S. person) as defined under the laws of the United States of America or residents of Canada or in any jurisdiction in which such distribution or offer is not authorized or to any person to whom it is unlawful to distribute such a document or make such an offer or solicitation. Investment products may not be available in all jurisdictions. The User shall notify the Company of any material change in its/his/her situation and/or profile and the Company is entitled to rely on the most recent information provided by the User.
- In order to facilitate the execution of transactions through online payment or receipt of funds, the Company has availed the services of a Third Party Service Provider for payment gateway. The User can subscribe to, redeem, switch or sell the mutual funds or receive dividends on the mutual funds through the payment gateway. The payment gateway may be utilized through internet banking, debit cards or Immediate Payment Service (IMPS).
- The said facility of payment gateway has been enabled through third party technology service provider and shall be available for such banks and subject to such conditions and limitations as may be provided by the Third Party Service Provider. The User may be charged levy/ facilitation charges separately by the User’s bank which must be checked by the User before availing the facility of payment gateway.
- The transactions for purchase of mutual funds or credit of any proceeds of redemption or sale of mutual funds or dividend payout will not be allowed through the use of credit cards.
- The Company has only availed the services from a Third Party Service provider for payment gateway and does not exercise any control over the systems and processes of such service provider. This service is primarily for facilitation of transactions on the Website/Application and the Company, its employees, agents and authorized representatives shall not be liable for any failure in the payment gateway system, any internet fraud, hacking or phishing activities or any activities of like nature in the payment gateway system or in the systems of the bank of the user. The Company shall not be responsible for any technical issue or breakdown of system of the payment gateway service provider and the Company shall inform the user upon receipt of information from the service provider in respect of debit of any funds from the account of the registered user and non-allotment of mutual fund units.
The Company earns commission from Asset Management Companies when the user buys mutual funds. However, the recommendation on funds is not influenced by the commission the Company earns.
AUTHORISATION FOR REVERSE FEED & SHARING OF PORTFOLIO INFORMATION
The User authorizes the Company for receiving the details of investments made by the User and reverse feed files from the AMC & RTA/s. The User gives unconditional consent to share/provide the transactions data feed/portfolio holdings/ NAV etc. in respect of the User’s investments under regular plans of all schemes managed by the AMCs and which have been tagged with the AMFI Registration Number (ARN) of the Company – ARN-112358.
- It shall be mandatory for new folios/accounts opened by individuals especially with sole/single holding to provide nomination details. New folios/accounts for individuals in single holding shall not be opened without providing nomination details. In case the Users/investors do not intend to furnish nomination details, such Users shall be compulsorily required to sign/agree to a separate confirmation of their intention not to nominate, failing which the form may be rejected at the discretion of the AMC/Mutual Fund.
- Each unit holder may make a maximum of three nominations in accordance with the regulations issued by the SEBI. It is mandatory, at the time of making nominations, for each unit holder to clearly indicate the percentage of allocation of units to each of the nominees in the event of death of the unit holder. Such allocation/share should be in whole numbers without any decimals making a total of 100 percent. In the event the percentage of allocation for each of the nominees is not mentioned by the unit holder, the default allocation to be adopted by the AMCs shall be equally amongst all the nominees.
- Nomination/s made by a unit holder shall be applicable for all investments in all the Schemes in the folio or account and every new nomination for a folio or account shall be deemed to be in supersession of the existing nomination and such new nomination shall then be applicable to all past, present and future holdings of the User.
- The facility of making nominations shall be available only to unit holders subscribing to the units of mutual funds in ‘individual’ capacity on their own behalf singly or jointly in favor of one or more persons. Persons other than individual’s viz., society, trust, body corporate, partnership firm, company, Hindu undivided family or holder of a power of attorney shall not be eligible to make nominations.
- A minor can be nominated as a nominee. If a minor is a nominee then the details of the guardian of such minor being the name and address of the guardian shall be furnished by the unit holder. In case of single holding, the unit holder shall avoid nominating a minor as nominee whose guardian is the unit holder.
- A unit holder shall be free to make nomination in favor of the Central Government, State Government, a local authority, any person designated by virtue of these offices or a religious or charitable trust.
- A non-resident Indian may be nominated as a nominee subject however to the applicable law including exchange control rules regulations as may be in force.
- No nomination shall be permitted in a folio/account held on behalf of a minor.
- Nomination in respect of the units stands rescinded upon the transfer of units. Transfer of units in favor of a Nominee shall be valid discharge by the AMC against the legal heir.
- Upon cancellation of nomination made by a unit holder, the nomination shall stand rescinded and the concerned AMC shall be under no obligation to transfer the units in favor of the nominee/s earlier mentioned by the said unit holder.
- HDFC Mutual Fund specifically requires a physical nomination form to be sent to them to add nominees against investments made by the Users. If a User intends to add nominee(s) for investments with HDFC Mutual Fund, a physical nomination form signed by all the account holders/unit holders is required to be physically submitted to HDFC Mutual Fund.
Though the Company employs the best possible softwares and techniques in order to mitigate any risks which may arise on account of internet frauds including but not limited to hacking, phishing, theft of personal information like login ID and passwords, injection of viruses, malware, malicious or destructive or corrupting codes or programs etc. (collectively referred to as the “Internet Frauds”) however, any possibility of such threat cannot be ruled out and the Company does not guarantee that the Website and Application will be free of such threats.
The Company or the Third Party Service Providers or the AMCs/RTAs are not liable or responsible for any such Internet Frauds. Further, the Company or the Third Party Service Providers or the AMCs/RTAs shall not be liable for Internet frauds or any compromise in the secrecy of login and password details of the User done by or at the behest of or with the permission of the User.
Complete, accurate and proper details are required to be punched in for logging into the investment account and for undertaking transactions through Website/Application. The said details are being forwarded to the AMCs/Mutual Funds for completion of the instructions given by the User. In the event of any User receiving an incorrect credit of funds/mutual fund units pursuant to any mistake, inadvertent or otherwise, the concerned AMC/Mutual Fund shall be entitled to reverse such credit at any time without any express consent from such wrongfully enriched User. Any such User receiving a wrongful credit of funds/units or any other wrongful gain shall keep the AMCs/Mutual Fund indemnified against any loss or damage arising out of such wrongful credit.
In case the AMCs/Mutual Funds have any reason to believe that any transaction/s undertaken by a User are not genuine or improper or illegal, the AMCs/Mutual Funds shall, in their sole discretion, refuse to give effect to the transactions requested/undertaken by the User. Such decision of the AMCs/Mutual Funds shall not be questioned by the User. The AMCs/Mutual Funds shall not be liable or responsible for any loss or damage, direct or consequential, caused to the User on account of such refusal to give effect to any transaction. Provided, however, that any monies paid by the User for subscription to the units shall be duly refunded to the User.
- The User shall, at all times, indemnify and keep indemnified the Company and Third Party Service Providers and their employees, officers, agents and authorized representatives, Mutual Fund Companies, Asset Management Companies and their officers and agents free and harmless at all times, against all monetary and other harm, injury, costs, losses, liabilities, damages, charges, actions, legal proceedings, claims and expenses and consequences including without limitation any costs between attorney and client, whether direct or indirect, by reason of accessing or using the Website/Application or subscribe to the services offered by the Company and/or doing and/or omitting to do anything in accordance with the Terms specified herein or any instructions relating to the online dealing in mutual funds through the Company.
- Investment in mutual funds is subject to market risks and susceptible to losses on account of fluctuations in the market. The User shall not, under any circumstances, hold the Company or Third Party Service Providers or their employees, agents or representatives, Mutual Fund Companies, Asset Management Companies and their employees, officers, representatives and agents liable for any loss caused due to fall in value of investments / NAV etc. which may fluctuate on account of factors and forces affecting capital markets or any indirect, special or consequential loss that the User may suffer.
- In the event of any loss or damage caused by reason of failure / refusal or delay of the mutual fund/AMCs to deliver any units purchased despite the payment being effected for the same or failure / refusal or delay in making payment in respect of any units sold though the said units may have been delivered, the User shall not hold the Company or Third Party Service Providers or their employees, officers, agents or representatives liable for such loss, refusal or delay and shall indemnify and keep indemnified and hold harmless and free from any claim, the Company or Third Party Service Providers or their employees, officers, agents or representatives against any loss, expenses, costs, fee, penalties arising out of or in connection with any such loss, refusal or delay.
- The User shall not and agrees not to hold the Company or Third Party Service Providers or their employees, officers, agents or representatives liable for any delay / refusal / non-payment of any proceeds on redemption or dividend payouts by the Mutual Funds to User’s account/s for any reason whatsoever. The User shall not and agrees not to hold the Company or Third Party Service Providers or their employees, officers, agents or representatives liable for any direct or indirect or consequential loss or damage caused on account of such delay/refusal/non-payment of any proceeds of redemption or dividend payout.
- The User shall not and agrees not to hold the Company or Third Part Service Providers or their employees, officers, agents or representatives liable for any of the following
- Any delay or failure in processing the transactions carried out by the User due to any system failure or for any other reason whatsoever;
- For any loss or damage incurred or suffered by the User due to any error, defect, failure or interruption in the dealing arising from or caused by any reason whatsoever;
- For any fraud, negligence/mistake or misconduct by the User including failure to comply with the KRA/KYC/CKYC norms or provision of a valid PAN or PMLA requirements;
- For any breach or non-compliance by the User of these Terms.
- For not permitting the User to deal after such reasonable verification as the Company or Third Party Service Providers or it’s employees, officers, agents or representatives may deem fit.
- For permitting any person who provides the Company or Third Party Service Providers or their employees, officers, agents or representatives with the login id and/or password to deal with investment account.
- The Company or Third Party Service Providers or their employees, officers, agents or representatives shall not be under any obligation to re-verify the identity or other details of the User after successful registration of the User through the Website/Application. The User shall indemnify and keep the Company or Third Party Service Providers or their employees, officers, agents or representatives indemnified against any loss, costs, charges, expenses, fee, penalty etc. sustained or caused for not verifying the identity or other details after successful registration.
- The indemnity contained herein shall survive the termination of services by the Company or the User and shall apply to any claim made in respect of or in connection with the transactions undertaken by the User on the Website/Application.
- Notwithstanding anything contained herein, the maximum amount for which the Company or Third Party Service Providers or their employees, officers, agents or representatives may be held liable cannot exceed the amount paid by the User as subscription fee.
- The User shall indemnify, defend and hold harmless AMCs/RTAs/MFs against any action, damage or liability that they may suffer, incur or become subject to in connection with or arising from sharing, disclosing and transferring of the information about transactions in the schemes of MFs executed through the Website/Application. Additionally, the User shall not hold AMCs/RTAs/MFs liable and/or responsible for loss/damage of any kind or nature whatsoever that may be incurred or suffered by the User for any illegal or unauthorized acts, omission or commission, fraud, negligence, delay in transmission/discontinuation of sharing of the information, misuse of information and/or default on the part of the Company. This indemnification shall survive the termination of User’s agreement / arrangement with the Company, and the termination of the declaration herein.
SUSPENSION, CANCELLATION AND TERMINATION
- The Company may, at its sole discretion, suspend, modify, disallow the facilities/services at any time for such time period as it may deem fit in its sole and absolute opinion. The services may be suspended for such reasons including but not limited to breach of or non-compliance with these Terms and Conditions, death, insolvency, bankruptcy of the User, dormant or inactive account or any suspicious activity in account or such other reasons warranting suspension, cancellation, modification or disallowance in transacting through the investment account.
- The Company may, at any time, terminate the services available to a User through the investment account opened with the Company upon giving a 30 days’ prior notice. Such notice may be sent by the Company by way of an email on the registered email address or by way of short message service on the registered phone number or by way of a letter on the registered postal address as furnished by the User. The User may discontinue availing the services and close the investment account at any time by giving a 30 days’ advance notice to the Company of his intention.
- The Company, its employees, agents and representatives shall not be responsible for any direct, indirect or consequential loss that may be sustained or caused to the User on account of such suspension, cancellation or modification or termination of the services offered by the Company.
- Upon termination of the services and/or cessation of the investment account, the Company shall promptly intimate and turnover all the details available with it to the concerned mutual funds/AMCs/RTAs to enable the User to directly deal and transact with the mutual funds/AMCs/RTAs. Notwithstanding anything stated above, the User shall have unfettered and unrestricted access to Mutual Funds/AMCs/RTAs and may directly approach the Mutual Funds/AMCs/RTAs for any purchase, redemption, switch or sale transaction that a User may intend to undertake.
- Upon being intimated about the termination of services and/or cessation of the investment account, AMCs/RTAs/MFs shall discontinue sharing of the information (including reverse feeds) with the Company, and AMCs/RTAs/MFs shall not be responsible for any information shared with the Company post termination of services and/or cessation of the investment account, on account of the failure of the Company to intimate such termination to AMCs/RTAs/MFs.
INTELLECTUAL PROPERTY RIGHTS
- The contents of the Website/Application, including but not limited to the text, graphics, images, logos, button icons, photographs, editorial content, notices, software (including html-based computer programs) and other material are owned/licensed by/to the Company and/or its Third Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws. The Users acknowledge and agree that the Company and/or its licensors or suppliers own all rights to this Website/Application, the content displayed on the Website/Application and any intellectual or proprietary property and/or technology (in any form) made available to the User as a part of or in conjunction with the services.
- The Users are only permitted to avail the services offered by the Company and use any of the foregoing as expressly authorized by these Terms and Conditions in furtherance of availing of services. The Users may download or print a copy of the information provided on the Website/Application for personal consumption and non-commercial use only. The Users shall be prohibited to copy, re-print, reproduce (electronically or otherwise), download for commercial purpose, distribute, transfer, transmit or create derivative works from any content on the Website/Application, in whole or in part, for any other purpose without prior written consent of the Company. The Users shall not reverse engineer or reverse compile, decompile any technology associated with the services, including but not limited to any software applications or Java applets associated with the services content, from the Website/Application, in whole or in part.
- The Users shall not use any of the foregoing for any unlawful purposes and shall comply with the instructions and directions for the protection and safeguard of the Intellectual Property Rights owned/licensed to the Company.
- Mutual Fund investments are subject to market risks and the Users are advised to read all scheme related documents like Scheme Information Document, Key Information Memorandum, Statement of Additional Information and any addenda to the same, carefully before investing.
- The data, reports, articles, analysis, general advice, information, statistics, opinions, feedback etc. available on the online platform of the Company does not and shall, at any time, constitute any investment advice by the Company and the User shall exercise his/her own reasonable and prudent discretion in making any investment decision and shall obtain independent applicable legal, accounting, tax or other professional advice in making such decisions. The User understands and agrees that the data, reports, articles, analysis, general advice, information, statistics, opinions, feedback etc. available on the online platform of the Company shall be accessed, referred, used, relied upon at the User’s sole discretion and the Company does not guarantee the accuracy, correctness, completeness or veracity of the said data, reports, articles, analysis, general advice, information, statistics, opinions, feedback etc. and that the Company does not subscribe to or agree to the any opinion or advise made therein. The Company shall not be liable for any loss or damage caused or sustained by any use or reliance placed by the User on any such data, reports, articles, analysis, general advice, information, statistics, opinions, feedback etc. available on the online platform of the Company.
- The Company may, in addition to the distribution service provided through the online platform, may provide incidental transaction execution services to facilitate the user experience and ensure in undertaking transactions on the online platform. However, such incidental execution services shall not, at any point in time, be construed as offering or furnishing of investment, legal, tax or financial or any advice of similar nature. The Company is primarily engaged in mutual fund distribution and any decision of making investments shall be in the sole and absolute discretion of the User and the Company, its employees, agents or representatives shall not be deemed to be involved in the process of making relevant decisions for investment.
- The services offered by the Company do not constitute an offer to buy or to sell or a solicitation to any person in United States of America or Canada or any jurisdiction where it is unlawful to make such an offer or solicitation.
- The profits or gains earned and/or the losses sustained on the investments made through the Website/Application shall be subject to all applicable laws including the fiscal laws like the Income Tax Act, 1961. The mutual funds/AMCs/RTAs may make such deductions on account of taxes including the withholding taxes, tax deducted at source etc. in accordance with the applicable laws.
- Though adequate and reasonable care and caution is administered by the Company/Third Party Service Providers or their employees, agents or representatives however, the Company/Third Party Service Providers or their employees, agents or representatives shall not be liable for any inaccuracy, omissions or errors in the information, material, text, graphs, statistics, results etc. available on the Website/Application or for any consequence arising from or as a result of utilizing, acting upon such information, material, text, graphs, statistics, results etc.
- The Users agree and acknowledge that the services offered by the Company, the investment account and other offerings of the Company may be suspended, withdrawn, modified, cancelled or terminated at any time and the Company does not warrant or guarantee uninterrupted usage or access to the services offered by the Company and investment account opened by the User with the Company.
- The Company disclaims and shall not be liable for any damages, liability, action, cause of action, suit, claim, demand, loss, cost, and expense arising directly or indirectly from or in connection with the interruption, suspension, breakdown, inaccessibility, temporary or permanent damage, destruction, withdrawal, technical failure, presence of virus or other malicious, destructive or corrupting code, programs, files in the systems (technical or mechanical) including the Website/Application or the technological infrastructure installed by the Company or any Third Party Service Provider. The Company shall not be liable for any delay or failure in execution of instructions or rejection of transactions or failure in completion of any payment or other instructions as a consequence, direct or indirect, on account any of the foregoing reasons.
- The Company does not, either expressly or impliedly, warrant
- That the services provided through the online platform of the Company will be uninterrupted at all times. The User may face issues of delay or failure in transactions on account of any errors or failure in the system or servers.
- That any or all defects that may be identifiable may be rectified or modified completely.
- That the online platform is not susceptible to virus, malware or any program or code having destructive features or consequences which might affect the transactions undertaken, the passwords/codes used by the User on the online platform and the machine or device used by the User in accessing the online platform or undertaking any transaction.
- That it infringes any third party rights or intellectual property rights.
- The User agrees and acknowledges that the Company may get privy to certain private and confidential information of the User at the time or during the course of using the Website/Application. Such information will be utilized by the Company for internal purposes and will be kept confidential. However, the said information may be disclosed by the Company pursuant to compliance with any order of a competent court, authority or statute.
- The User agrees and confirms that the Company may send promotional email, text messages etc. from time to time to update the Users about the subscription plans. The User gives consent to receive such emails, text messages etc. on the email address or phone number registered with the Company. In case of any change in the details as registered, the User shall inform the Company giving sufficient advance notice to effect the necessary changes in the records. The Company shall not be held liable for any omission in receipt of such reminders. Messages etc. on account of change in email address, phone number or other details registered in the records of the Company.
- The Company, its employees, agents and representatives or the Third Party Service Providers or their employees, agents and representatives shall not be liable for any loss, damage or failure or delay in undertaking any transaction or failure, delay or deficiency in availing any services, if such loss or damage or failure or delay is attributable to any Force Majeure Event. For the purposes of this clause, Force Majeure Event shall mean and include any event beyond the reasonable control including, without limitation, unavailability of any communication system including Internet, breach or virus in the processes or payment mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, breach of security and encryption codes.
- The User agrees and confirms to being contacted by the employees, representatives and agents of the Company or a Third Party Service Provider for providing information about services, schemes offered by the Company or notifications or alerts, by way of phone call or Short Messaging Service on the registered mobile number/landline number or by way of an email sent on the registered email id of the User.
- In case the User has subscribed to the Do Not Disturb (DND) facility, it is highly likely that the User may not receive SMS alerts/notifications from the Company/third Party Service Providers. It is therefore advised that the User shall de-register or unsubscribe from the DND list in order to receive SMS alerts and notifications. In case the User is unable to receive such alerts/notifications on account of its number being registered with DND registry, the Company/Third Party Service Providers shall not be liable for any omission in communication of the said alerts or notifications.
MODIFICATIONS AND AMENDMENTS
The Terms and Conditions may be amended, modified, supplemented or restated any time at the sole discretion of the Company, including but not limited to, for reasons being change in law or regulation or change in the policies of the Company or change in the nature and scope of services offered by the Company etc.
NON-DISCLOSURE AND CONFIDENTIALITY
The Users may, during the course of accessing and availing the services through Website/Application, share certain information with the Company which may be private and confidential in nature. The Company shall make reasonable endeavors to keep such information confidential. However, the Company shall be entitled to disclose any such information or particulars to any court, authority, statutory or otherwise as may be required by law or Third Party Service Provider required to give effect to the transactions requested by the User.
GOVERNING LAW AND JURISDICTION
“Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, clearance, circular, notification, press releases, directive, guideline, policy requirement, other governmental restrictions or any other similar forms of decision of, or determination or any interpretation or administration having the force of law or any of the foregoing, by any court or any Government Authority having jurisdiction over the matter in question, whether in effect as of the date or thereafter and in each case as amended.
TERMS AND CONDITIONS FOR ONLINE SYSTEMATIC INVESTMENT PLANS (SIP) THROUGH NACH/ECS MANDATE
- The Users acknowledge and agree that a minimum time period of 30 days from the date of submission of physical mandate, will be taken for activation/registration of online SIP facility subject however, to the successful validation and acceptance of SIP mandate by the concerned bank. Similarly, a minimum time period of 30 days from the date of receipt of request for deactivation of SIP and last investment made under the said SIP. The User can start a SIP upon successful registration of the mandate till the completion of the time for which the mandate has been given or an earlier deactivation of the mandate by the User.
- The User grants unconditional authority to the Company and its Third Party Service Providers to debit the registered bank account through RBI’S ECS (Electronic Clearing System) mechanism or National Payments Corporation of India’s NACH (National Automated Clearing House) for collection of SIP installments and transferring of same to the respective AMC’ s bank account. The conditions related to NACH are applicable as and when such a facility is made available.
- The User agrees, understands and acknowledges that certain time period would elapse between the actual debit of funds from the User’s registered bank account and credit/realization of funds by the concerned Mutual Fund/AMC on account of the amounts being parked in the ECS / NACH debit cycle and / or third party pool account, before the actual transfer of funds to AMC’ s bank account on SIP date (T date).
- The User agrees and acknowledges that to get the NAV on the SIP date (T date) chosen by the User, debit of the SIP amount from User’s registered Bank Account shall happen few days prior to the SIP date (T). e.g. T-2, T-4 etc., depending upon ECS / NACH debit cycle of User’s bank, which could vary from location to location, as per ECS / NACH mechanism. The User understands, agrees and acknowledges that, the Company or the Third Party Service Providers shall debit the User’s account on T-no. of days depending upon the ECS/NACH cycle of the bank by way of backward calculation such that on T date (SIP day), the funds are effectively credited to the respective AMC’s Bank account and the transaction data reach the respective registrar of AMC for allotment of units as per NAV on T date.
- The Users shall, at least 7 days prior to the SIP date (T date), maintain sufficient balance in the registered bank account for honoring the SIP mandate. The allotment of units and corresponding NAV shall be subject to realization of funds by the concerned Mutual Fund/AMC. The Company or the Third Party Service Providers shall not be held liable for non-allotment of units of mutual funds on account of insufficiency of funds in the registered bank account on the T – no. of days depending upon the ECS/NACH mandate. In case the mandate is not honored due to insufficiency of funds or otherwise, the SIP installment shall lapse for that T of the month/quarter/half year/year as the case may be.
- The units allotted by the concerned AMC/RTA can be checked and confirmed by the User on the next day of the SIP date (T date).
- Users shall have unfettered and unrestricted right and access to transact in the units of Mutual Funds/AMCs, including purchase, redemption or switch, without routing it through the Website/Application or the Company.
- All transactions undertaken through the Website/Application shall, at all times, be subject to the applicable law, rules, regulations, directions, orders of appropriate court or authority and the terms and conditions contained in the Scheme Information Documents(SID) /Key Information Memorandum (KIM)/Statement of Additional Information (SAI) and addendums issued thereto from time to time (collectively referred to as “Scheme Related Documents”). The User agrees and acknowledges that applicable exit load or other charges may be levied by the concerned Mutual Funds/AMCs in accordance with the Scheme related Documents. The User shall read, get acquainted and agree to the Scheme Related Documents before making any investments.
- The User agrees, at all times and without any demur, to sign, execute and deliver such additional documents or perform such additional actions as may be necessary, appropriate or reasonably requested to carry out or evidence the transactions undertaken through the Website/Application of the Company.
- The User shall not be entitled to assign its obligations without prior written consent of the Company and any such assignment without prior consent shall be void ab-initio.
- The Company or the Mutual Funds/AMCs may reject any transaction or series of transactions which may, in the opinion of the Company or the Mutual Funds/AMCs, be designed to take advantage of short term fluctuations in the market.
- If any term or provision of these Terms and Conditions is, for any reason, held to be invalid, illegal or unenforceable, it shall not affect any other term or provision hereof, and the remaining Terms and Conditions shall be interpreted and construed as if such term or provision, to the extent have been held as invalid, illegal or unenforceable, had never been contained herein.
- The information, data, analysis and opinions (“Information”) contained herein: (1) may include the proprietary information of Morningstar and its content providers; (2) may not be copied or redistributed except as specifically authorised; (3) do not constitute investment advice; (4) are provided solely for informational purposes; (5) are not warranted to be complete, accurate or timely; and (6) may be drawn from fund data published on various dates. Morningstar is not responsible for any trading decisions, damages or other losses related to the Information or its use. Please verify all of the Information before using it and don’t make any investment decision except upon the advice of a professional financial adviser.
Past performance of Mutual Funds is not an indicator of future returns. All Mutual fund investments are subject to market risks. Please read all scheme-related documents carefully before investing.
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures