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DECLARATIONS
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.
A. 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.
B. 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 in the ‘Downloads’ section under the ‘Tools’ tab
by following this link -
http://demo.moneyfront.in//static/downloads.aspx Past performance is
not indicative of future returns. Please consider your specific investment requirements
before choosing a fund.
C. The User acknowledges that the investment advice extended 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.
D. 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.
E. 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.
F. In case a User is an NRI :
1. The User confirms that the User is a Non-Resident of Indian Nationality/Origin
and that investments made through the Website/Application have been remitted from
abroad either through approved banking channels or from my/ our NRE/ NRO / FCNR
account. The User also confirms that the User is neither NRIs residing in the United
States of America or Canada nor the User is resident of or bodies incorporated in
the United States of America or Canada and NRIs residing in any Financial Action
Task Force (FATF) declared non-compliant country or territory.
2. A User in a country other than India understand and acknowledge that by
using or availing the services offered by the Company, the User may be violating
the local laws applicable in such country. If the User chooses to access or avail
the service from a country other than India, such User shall be solely responsible
for all legal, regulatory and other compliances with the foreign and local laws
applicable in such country. The User agrees that the user shall solely be liable
for any liability incurred in this regard and shall indemnify and keep indemnified
the Company for any liability that the Company may incur in any foreign jurisdiction
as a consequence of the said User using or availing the service. The User agrees,
understands and acknowledges that the offer of services by the Company through its
Website/Application does not constitute or amount to an offer to sell or a solicitation
to any person in any jurisdiction where it is unlawful to make such an offer or
solicitation.
3. The Company, its employees, agents or representatives shall not be liable
for rejection or non-execution of any transaction request for purchase, redemption,
switch or sale of units of mutual funds in case the User is a resident in the United
States of America or Canada.
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REGISTRATION
A. Pursuant to the Circular No. MIRSD/SE/Cir-21/2011 dated October 05, 2011,
SEBI has mandated uniform “Know Your Client” or KYC requirements to be used by all
SEBI registered intermediaries. The KYC requirements include verification of identity
and address, obtaining information of financial status, occupation and such other
demographic information. Applicants must be KYC compliant while investing with any
SEBI registered Mutual Fund. In light of the said circular, 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.
B. An investment account opened through Website/Application shall be activated
instantly only for KYC Registration Agency (KRA) verified investors. The Company
shall pull in the KYC details submitted by the User with a SEBI approved KYC Registration
Agency (KRA) and only upon a receipt of confirmation from such KRA that the User
is KYC 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 KYC through KRA
or other details as may be prescribed from time to time, which details shall be
verified with KRA.
C. The Users authorise the Company to submit all the KYC 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 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 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.
D. Upon successful verification of KYC Information through KRA, 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 authorised or unauthorised
disclosure of the same shall entirely be at the risk and liability of the User.
E. The investment account opened with the Company through the Website/Application
shall remain operative at the discretion of the Company and may be suspended or
cancelled or terminated without liability, in whole or in part, at any time without
prior notice to the User in case the Company is of the opinion that the User has
failed to abide by or comply with the Terms and Conditions and Privacy Policy.
F. 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 Information is sent to
the KRA/AMC/ CAMS for verification purposes.
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TRANSACTION PROCESSING RELATED CONDITIONS
A. GENERAL
1. 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.
2. The authorised 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.
3. 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.
4. A transaction request for purchase/redemption/switch/sale of mutual funds
once placed by a User cannot be cancelled under any circumstances.
B. PURCHASE OF MUTUAL FUNDS
1. 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.
2. 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.
3. 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.
4. 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 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.
5. 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.
6. 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 endeavour to
inform the Once the information is provided by the Mutual Funds for the rejection
and Investor will be informed accordingly.
7. 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.
8. 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.
9. 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 for any delay in receipt
and subsequent credit of the funds into the bank account of the registered user.
10. All requests for purchase of units of mutual fund or SIP requests shall
be electronically tagged with the Registered Investment Advisor Code (RIA Code)
of the Company - INA000004500 and shall be treated to have been made under the Direct
Schemes of the concerned mutual fund.
11. 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.
12. 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.
13. 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.
14. 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.
C. REDEMPTION OF MUTUAL FUNDS
1. 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.
2. 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.
3. 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.
4. 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.
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RISK PROFILING
A. 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.
B. 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.
C. 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.
D. 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 advise 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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 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.
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PAYMENT GATEWAY
A. 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 utilised through internet banking, debit cards
or Immediate Payment Service (IMPS).
B. 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.
C. 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.
D. 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 authorised 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.
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AUTHORISATION FOR REVERSE FEED & SHARING OF PORTFOLIO
INFORMATION
The User authorises 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 direct plans of all schemes managed by
the AMCs and which have been tagged with the SEBI Registered Investment Adviser
Code of the Company (INA000004500).
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NOMINATION
A. 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.
B. 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.
C. 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.
D. 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 favour 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.
E. 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 favour 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.
F. 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.
G. A unit holder shall be free to make nomination in favour of the Central
Government, State Government, a local authority, any person designated by virtue
of these offices or a religious or charitable trust.
H. 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.
I. No nomination shall be permitted in a folio/account held on behalf
of a minor.
J. Nomination in respect of the units stands rescinded upon the transfer
of units. Transfer of units in favour of a Nominee shall be valid discharge by the
AMC against the legal heir.
K. 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 favour of the nominee/s earlier mentioned by the said unit holder.
L. 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.
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INTERNET FRAUDS
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.
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INDEMNITY
A. The User shall, at all times, indemnify and keep indemnified the
Company and Third Party Service Providers and their employees, officers, agents
and authorised 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.
B. 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.
C. 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.
D. 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.
E. 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
1. Any delay or failure in processing the transactions carried out by
the User due to any system failure or for any other reason whatsoever;
2. 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;
3. For any fraud, negligence/mistake or misconduct by the User including
failure to comply with the KRA/KYC norms or provision of a valid PAN or PMLA requirements;
4. For any breach or non-compliance by the User of these Terms.
5. For not permitting the User to deal after such reasonable verification
as the Company or Third Party Service Providers or its their employees, officers,
agents or representatives may deem fit.
6. 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.
F. 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.
G. 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.
H. 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.
I. 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.
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SUSPENSION, CANCELLATION AND TERMINATION
A. 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.
B. 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 User shall pay and continue to remain liable to pay the fee, charges, dues,
subscription charges, renewal charges, convenience fee, advisory fee/charges, taxes,
cess etc. for the services availed by the User till the date of such suspension,
cancellation or termination of the services under the investment account.
C. 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.
D. 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.
E. 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.
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INTELLECTUAL PROPERTY RIGHTS
A. 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 programmes) 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.
B. 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.
C. 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.
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DISCLAIMERS
A. 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 and any addenda to the same, carefully before investing.
B. 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 advise 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 advise 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.
C. 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 advise of similar nature. The Company is primarily engaged in offering investment
advise and any decision of making investments based on such advise or otherwise
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.
D. The services offered by the Company do not constitute an offer to
buy or to sell or a solicitation to any person in any jurisdiction where it is unlawful
to make such an offer or solicitation.
E. 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.
F. 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 utilising, acting upon such
information, material, text, graphs, statistics, results etc.
G. 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.
H. 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.
I. The Company does not, either expressly or impliedly, warrant.
1. 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.
2. That any or all defects that may be identifiable may be rectified
or modified completely.
3. 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.
4. That it infringes any third party rights or intellectual property.
rights
J. The Users agree and acknowledge that the subscription charges paid
under any of the subscription plans for availing the investment advisory services
shall be non-refundable. The Company does not owe any liability to refund the subscription
charges should the User decides to discontinue availing services or terminate the
account or under any other circumstances whatsoever.
K. The User further acknowledges that in the event the User intends
to upgrade from an existing plan to another plan during the subsistence of existing
plan, the monies remaining unutilised under the existing plan would be utilised
under the upgraded plan on pro-rata basis. Similarly, the User shall have the liberty
to downgrade from an existing plan to another plan, and the unutilised monies under
the existing plan shall be utilised on pro-rata basis in the downgrade plan. Provided
however that at the time of renewal of subscription plan at an annual interval,
the User shall be at liberty to choose any plan of his choice without any compulsion
of continuing with the existing plan.
L. 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 subscription to investments plans. Such information will be utilised 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.
M. The Company reserves the right to cancel, discontinue, withdraw or
modify the terms and conditions of any plan without assigning any reason whatsoever
and without any prior notice to the Users. In such circumstances, the User shall
be provided with proportionate refund of the subscription charges for the balance
period within such reasonable time not exceeding 60 days.
N. The User agrees and confirms that no refund shall be provided under
any circumstances, in case the subscription to any plan is discontinued or terminated
by the User. The details and information with respect to the subscription plans
shall be made available by the Company only on its online platform. However, 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.
O. The User agrees that the investment plan subscribed to by the User
and the investment advise provided thereunder shall be for the sole consumption
and use only by the User and not by any third party. The User shall not utilise
the information under the investment plan or investment advise for any business,
non-personal or illegal purposes or purpose other than investments through the online
platform of the Company. The User agrees that it shall not recompile, disassemble,
copy, modify, distribute, transmit, display, perform, reproduce, publish or create
derivative works from, transfer, or sell any information, services etc accessed
under any subscription plan, investment advise or otherwise. By accessing the details
of any of the plans, whether subscribed or not, any unauthorised use of the same
by the User shall be unlawful and subject to civil or criminal proceedings or penalties.
P. The User confirms and agrees having read, understood, agreed and
accepted the Terms and Conditions, Privacy Policy, subscription plans and charges,
fee etc. thereof and all details relating to or in connection with the services
availed by the User.
Q. The User authorises the Company to debit the bank account for applicable
subscription charges, fee, taxes, cess etc., details whereof are given by the User
at the time of registration of investment account with the Company. Any costs, expenses,
charges etc. arising out of any failure in exercise of such authority shall be borne
by the User and shall be recoverable by the Company from the User.
R. 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.
S. 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.
T. 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.
U. The User may close the investment account or terminate availing of
or unsubscribe from the services offered by the Company, at anytime, by sending
30 days’ prior written notice to the Company at contact@moneyfront.in or at the
registered office of the Company. However, any charges, fee, etc. paid by the User
shall be non-refundable.
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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.
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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 endeavours 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.
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GOVERNING LAW AND JURISDICTION
Any dispute arising out of or in connection with the Terms and Conditions or Privacy
Policy shall be subject to the exclusive jurisdiction of the courts and tribunals
in Mumbai. The Terms and Conditions shall be construed in accordance with the Applicable
Laws in India.
“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.
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TERMS AND CONDITONS FOR ONLINE SYSTEMATIC INVESTMENT
PLANS (SIP) THROUGH NACH/ECS MANDATE
A. 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.
B. 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.
C. 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/realisation 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).
D. 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.
E. The Users shall, at least 7 days prior to the SIP date (T date),
maintain sufficient balance in the registered bank account for honouring the SIP
mandate. The allotment of units and corresponding NAV shall be subject to realisation
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 honoured
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.
F. 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).
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MISCELLANEOUS
A. 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.
B. 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) 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.
C. The agreement of the User with the Company being these Terms and
Conditions and Privacy Policy is absolutely on non-exclusive basis and the User
shall be at liberty to enter into similar or other arrangements/agreements with
other service providers. In case this agreement is terminated by way of Suspension,
Cancellation or Termination, as the case may be, the User shall not be permitted
to transact through the Website/Application for undertaking any transaction including
but not limited to purchase, redemption, transfer or switch of units of mutual funds.
Post termination of the service, the Company shall duly assist the User in making
available necessary information to enable the User to transact directly with the
Mutual Funds/AMCs.
D. 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.
E. 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.
F. 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.
G. 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.
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.