TERMS AND CONDITIONS
The following Terms and Conditions are published for the users of www.sheaf.in, in accordance with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011. These terms outline our privacy policy and terms of use, so that you can make informed decisions about using our website. Thanks for choosing www.sheaf.in
By accessing or using the Website/Applications, you agree to be bound by these Terms and Conditions. These Terms and Conditions, as amended from time to time, apply to your access and use of the www.sheaf.in website and any other websites (“Website”) and mobile applications/s (“Applications”) owned, operated and made available by Shreekaree Finserv (“Partnership firm”). If you do not agree to these terms, do not access or use the Services.
The Company is registered with ASSOCIATION OF MUTUAL FUNDS OF INDIA (“AMFI”) as a Mutual Funds distributor having ARN-195845.
The Company's investment account services allow investors/users to conduct online transactions in mutual funds. The Company has agreements/arrangements with certain select mutual funds/AMCs to facilitate online mutual fund transactions through the website/application in existing, launched, and upcoming schemes of said mutual funds. However, the Company does not provide assurance or guarantee of making all or any particular mutual fund available, and the user can only invest in those mutual funds with whom the Company has arrangements. To facilitate online transactions and ease of investing through the website/application, the company has arrangements with third-party service providers.
The User agrees to abide by these Terms and Conditions at all times when accessing the Website/Application or subscribing to the Company's investment account services. Further, the User agrees to execute any documents that may be required from time to time, and to share details with Mutual Funds/ their authorized Registrar & Transfer Agents (RTAs) or with any court or authority, as may be necessary with respect to transactions undertaken by the User through Website/Application.
Please note that in addition to these Terms and Conditions, the use of any specific service and/or product on our website and/or Application is subject to its own terms and conditions. By using such services and/or products, you agree to be bound by those additional terms and conditions. The Company reserves the right to modify these Terms and Conditions at any time. Your continued use of the Website and/or Application following any such change shall be deemed your acceptance of the modified Terms and Conditions.
DECLARATIONS
When you access the Website/Application and/or register as a user, you're agreeing to the Terms and Conditions stated here. By doing so, you're declaring that you understand and agree to the following:
A. The User understands, acknowledges, and agrees that investments in mutual funds and securities are subject to market risks and that the Company/AMCs/Mutual Funds cannot guarantee that the scheme objectives will be met.
B. Before investing in concerned mutual fund schemes, the User has read and understood the contents of all scheme-related documents, including but not limited to the 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). The User accepts the terms and conditions of the aforementioned schemes and has a thorough understanding of the associated risk factors on the date of the transaction and thereafter. For additional information, you can read the relevant product offering documents either on the relevant AMC's website or on ours. The past is not indicative of future performance. Please consider your particular investment needs prior to selecting a fund.
C. The User acknowledges that the investment advice provided only for mutual funds is based on and dependent on the User's submission of information, and that the User is solely liable for any submission of incorrect or non-submission/omission of necessary and accurate information. The User affirms and believes that the transaction(s) undertaken are suitable for the User in accordance with the User's investment objective.
D. The User affirms that the decision to invest or engage in any transaction on the Website/Application was not influenced by the receipt or promise of receipt of any rebate, gift, incentive, commission, directly or indirectly, for making a transaction of purchase, redemption, switch, or sale.
E. The User is authorised to conduct transaction/s, and the funds invested in the scheme(s) by the User are derived/earned from legal sources. The User certifies that the funds invested have not been used to violate or evade any statute, rule, regulation, notification, circular, direction, clarification, or order issued by any judicial, regulatory, administrative, or quasi-judicial authority or body.
REGISTRATION
A. In accordance with Circular No. MIRSD/SE/Cir-21/2011 dated October 5, 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 identity and address verification, financial status, occupation, and other demographic information collection. Applicants must comply with KYC/CKYC requirements in order to invest in any SEBI-registered mutual fund. In accordance with the aforementioned circulars, the registration of a User on the Website/Application shall be finalised only upon submission of required information in an online application form, submission of mandatory documents, a 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).
B. Only investors who have been verified by the KYC Registration Agency (KRA) and the Central KYC Records Registry (CKYCR) will have their investment accounts activated immediately after opening them via the website or mobile application. 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 receiving confirmation from such KRA/CKYCR that the User is KYC/CKYC approved, the Company shall permit the User to transact via the Website/Application. The User shall provide a copy of a valid PAN and proof of completion of KYC/CKYC through KRA/CKYCR or other details as may be prescribed from time to time, and KRA shall verify these details.
C. The Users authorise the Company to submit all 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 requirements 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. In the event that such signature is not available or legible in KRA/CKYCR records/systems, 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 such request.
D. Upon successful verification of KYC/CKYC Information through KRA/CKYCR, the User's investment account will be activated, and the User will be able to operate and transact through the account using a login ID and password. The User is solely responsible for the safety, security, protection, confidentiality, and secrecy of the login ID and password at all times. Any authorised or unauthorised disclosure of the same is solely the User's risk and responsibility.
E. The investment account opened with the Company via the Website/Application shall remain active at the sole discretion of the Company and may be suspended, cancelled, or terminated without liability, in whole or in part, at any time without prior notice to the User if the Company determines that the User has failed to comply with the Terms and Conditions and Privacy Policy.
F. No change in the address, contact numbers, e-mail address, or bank account details provided by the User at the time of registration shall be permitted unless a duly self-attested physical copy of the new KYC/CKYC Information is sent to the KRA/CKYCR/AMC/CAMS for verification purposes.
G. The Bombay Stock Exchange (BSE) StAR MF or the Registrars and Transfer Agents will receive all user registration-related information (RTAs). User agrees that www.sheaf.in (Shreekaree Finserv) may perform the following acts, deeds, matters, and things without objection:
1. To forward user transaction data and requests to the respective Asset Management Companies (AMCs)/BSE/RTAs for sale, purchase, transfer, splitting, and consolidation of mutual fund units.
2. To transmit to the mutual fund companies (AMCs) and/or the BSE/RTAs the information pertaining to user nomination/changes in the investment plan or any other changes made via the online platform.
3. Obtain and transmit to the BSE/AMC the Authorized Registrar user's information as it appears in the KYC records, including the user's signature (s). User agrees that such records may be used by the BSE/AMC/AuthorizedAuthorized Registrar for authorising transactions that the user may submit in physical/offline mode.
TRANSACTION PROCESSING
GENERAL
1. A registered user may only conduct online transactions for the purchase/redemption/switch/sale of mutual funds through the Website or Application using his/her/its registered account. The requests will be processed in accordance with the instructions received via the registered account.
2.Authorized and complete transactions will be processed at the Net Asset Value ("NAV") accepted by the respective Mutual Funds/AMCs/RTAs. Regarding the purchase of units of mutual fund schemes (other than liquid schemes), the closing NAV of the day on which the funds are available for utilisation shall be applicable for application amounts of Rs 2 lakh or more or such other value as may be specified from time to time, irrespective of the time at which the application is received. Provided, however, for the sake of clarity, if a User conducts a transaction for 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 the NAV for the same day as the transaction.
3. Any transaction request submitted on a day that is not a Business Day or after the cut-off time on a Business Day stated on the Website/Application will be processed on the next Business Day, and the NAV of the next Business Day will be applicable as per the Scheme Information Document of the respective mutual fund. For operational convenience, the cut-off times will be earlier than the statutory cut-off times specified in the SEBI Regulations and the Scheme Information Document. "Business Day" refers to any day (other than Saturday, Sunday, or a bank holiday) on which banks and financial institutions in Mumbai are open for business.
4. Once placed, a User's transaction request for the purchase/redemption/switch/sale of mutual funds cannot be cancelled under any circumstances.
B.PURCHASE
1. In the event of a request for the purchase of mutual funds, the instructions for the purchase of mutual funds are subject to the receipt of clear funds and the acceptance of the transaction by the Mutual Funds/AMCs/RTAs. The amount for the purchase of mutual funds will be deducted from the registered user's designated bank account and deposited into the pool account of the third party service provider (the third party providing the payment gateway services). The aforementioned amount will then be credited/transferred to the bank account of respective mutual funds on the same day (if the order is placed before the cutoff time) or the following business day (in case the order is placed after the cut off time). The process shall therefore involve an interim time lag in the transfer of funds from the pool account to the accounts of the mutual funds, which may result in a change in the NAV, with the Users' unqualified consent.
2. The Company, its employees, agents, and representatives shall not be liable for any direct or indirect, consequential or incidental loss that may arise to an investor/registered user upon purchase of units of a mutual fund due to the application of NAV by the concerned mutual fund/AMCs.
3. When registered users subscribe to units of a mutual fund using funds remitted through a bank account jointly held by two or more holders, the default option for application for subscription shall be in the joint names of all the holders of the aforementioned bank account. In the case of subscription to mutual fund units from a joint account, the first holder's decision is final and binding on all other holders.
4. User must ensure that all payments for subscriptions/transactions/investments are processed through his/her own bank account; no third-party accounts may be used for payments, and all investments must originate from legitimate sources. Any subscription to units of mutual funds from an account that is not a bank account registered as part of KYC/CKYC or a bank account that 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 must ensure that units are only purchased from the bank account of the first holder if more than one account is associated with a single customer id and such other accounts are held jointly by the first holder of units as the second account holder.
5. The investors shall also have the option to apply for units in the single name of any one or more joint account holders of the bank account with nomination facility, subject to the terms of the relevant Scheme Information Document.
6.The Company, its employees, agents, or representatives, as well as Third Party Service Providers, shall not be liable for any delay in acceptance/execution, non-execution, or rejection of any transaction request by the mutual fund/AMC. The Company will endeavour to notify the investor once the Mutual Funds provide information regarding the rejection, and the investor will be notified accordingly.
7.The registered user must always maintain sufficient funds in their bank account to cover the purchase price and all other costs and fees associated with the units to be purchased. Before placing a request for the purchase of units or a SIP request in a particular scheme, registered users are advised to check their daily fund transfer limits with their banks.
8. The Company, its employees, agents, or representatives shall not be liable for non-execution or rejection of a transaction request due to insufficiency of clear and sufficient funds in the bank account or insufficient daily transfer limit for execution of the aforementioned purchase request.
9.In the event that the Mutual Funds/AMCs reject a purchase request, the amount will be credited to the registered user's bank account only after receiving a refund from the relevant mutual fund/AMC. The Company, its employees, agents, or representatives, as well as Third Party Service Providers, shall not be liable for any delay in the receipt and subsequent crediting of funds to the registered user's bank account.
10.All requests for the purchase of mutual fund units or SIP requests shall be electronically tagged with the AMFI Registration Number (ARN) of the Company, ARN-195845, and shall be deemed to have been made under the Regular Schemes of the respective mutual fund.
11. All mutual fund purchase transactions made through the Website/Application shall be assigned 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 respective Mutual Funds/AMCs/RTAs. In addition to online access to the account maintained with the Company via its Website/Application, the registered User will receive a statement of account to the registered email address. The Company shall send the physical account statement to the address registered with the KYC Registering Agency, as updated from time to time, upon request from the registered User. In addition to the above, registered Users will receive a statement of their purchases, redemptions, transfers, and sales directly from the AMCs/RTAs.
12. Regarding the purchase of units of mutual fund schemes (other than liquid schemes), the closing NAV of the day on which the funds are available for utilisation shall be applicable for an application amount of Rs 2 lakh or more, or such other value as may be specified from time to time, irrespective of the time at which the purchase request is received.
13. There may be a time lag between the processing of a purchase request and the update of the corresponding data in the systems maintained by the Company and linked to the Website/Application, for reasons including but not limited to delay in receipt of reverse feeds from mutual funds/AMCs or breakdown/interruption of the systems.
14. The Company, its employees, agents, or representatives are not liable for any value discrepancies resulting from delayed data feeds, transmission losses in electronic data, electronic fund transfer, etc.
C. REDEMPTION
1. The Company, its employees, agents, or representatives are not liable for any value discrepancies resulting from delayed data feeds, transmission losses in electronic data, electronic fund transfer, etc.
2. If such facility of direct credit is not available for any reason, the concerned mutual fund shall send a demand draft of the amount to the address provided by the registered user during registration and opening of the investment account with the Company.
3. If the number of units held by the registered User according to the records maintained by the Mutual Funds/AMCs/RTAs is less than the number of units requested to be redeemed, the units available at that time shall be redeemed. Whenever redemption of "all" units is specified in a request, all unit holdings in the specified Scheme shall be redeemed. All redemptions are subject to the terms and conditions set forth in the respective Offer Document / Scheme Information Document and any addendums issued from time to time. The Company, its employees, agents, and representatives are not liable for non-execution or rejection of instructions for redemption of units if the number of units available is less than the number specified in the redemption request.
4. The Company, its employees, agents, and representatives shall not be liable for any direct or indirect, consequential or incidental loss that may arise to an investor/registered user upon redemption or sale of units of a mutual fund due to the application of NAV by the concerned mutual fund/AMCs.
RISK PROFILING
A. The Company may request from the User the information necessary for determining and evaluating the User's needs, financial situation, investment goals, investment in financial instruments, and investment experience. The inquiries made by the Company are solely for the purpose of assisting and guiding the Company in determining the investment profile of the User, and shall not be conclusive in this regard.
B. Since risk assessment and investment profile determination are dependent on the User's responses, the User is required to provide accurate, correct, and complete information. The User acknowledges and agrees that inaccurate, incorrect, or incomplete submissions may negatively impact the Company's risk assessment and investment profile determination. In addition, the risk assessment of a User is used solely for the Company's internal purposes, and it does not guarantee, assure, or represent gains/profits that the User will earn by adhering to investment advice based on such an assessment.
C. The investment options suggested by the Company are largely based on the information and details provided by the User and represent one of a limited number of combinations based on such information and details and the User's risk profile. Any such investment advice on mutual funds provided by the Company does not and will never guarantee any returns, profits, dividends, bonuses, or other gains of any kind.
D. The User shall not rely solely on the views, representations (whether written or oral or otherwise), recommendations, opinions, reports, analysis, information, or other statement available on the Company's Website/Application or made available by any of its agents, directors, officers, or employees.
E. The Users shall make their own independent evaluation, and any investments made or transactions undertaken by the User shall be deemed to be based on the User's own judgement in all circumstances. The Company does not provide tax/legal/financial advice, and Users are advised to seek independent tax/legal/financial advice prior to engaging in any transaction via the Company's Website/Application.
F. Any transaction performed by the User via the Website/Application is at the User's sole discretion and risk. The Company shall not be liable for any profits made or losses incurred, regardless of nature.
G. In the event that 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 that 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 prior to making any such investment.
H. The User may, at his own discretion, choose not to adhere to the suggestions made by the Company, its agents, representatives, or officers. The Company shall not be liable for any such actions taken by the User and shall not be liable for any potential profits, bonuses, dividends, gains, or losses of any kind that the User would have earned by following the recommendations made by the Company, its agents, representatives, or officers.
I. Third Party Investment products are not obligations of the Company or any of its affiliates or subsidiaries, nor are they guaranteed by the Company or any of its affiliates or subsidiaries, and are subject to investment risks and foreign exchange risks, including the possibility of loss of principal. The User agrees and acknowledges that past performance is not indicative of or a guarantee of future returns, and that prices and/or returns may fluctuate over time, resulting in gains or losses. Neither the Company nor any of its agents, representatives, or officers guarantee or assure fixed returns or interest, dividend, or profit guarantees. Additionally, the Company does not guarantee the principal amount of the investment, which is subject to market risks and other factors determining the performance of the investment.
J. 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 do not constitute the distribution of information or the making of any offer or solicitation by anyone to a United States Person (U.S. person) as defined by law. Investment products might not be accessible in all regions. The User is responsible for notifying the Company of any material changes to its/his/their situation and/or profile, and the Company may rely on the most recent information provided by the User.
PAYMENT GATEWAY
A. To facilitate the execution of transactions involving online payment or receipt of funds, the Company has contracted with a Third-Party Service Provider for payment gateway. Through the payment gateway, the User can subscribe to, redeem, switch, or sell mutual funds and receive dividends on mutual funds. Internet banking, debit cards, and Immediate Payment Service may be used to access the payment gateway (IMPS).
B. The aforementioned payment gateway facility has been enabled by a third-party technology service provider and will be made available to these banks, subject to any conditions and restrictions imposed by the Third-Party Service Provider. The User's bank may assess separate levy/facilitation fees, which must be verified by the User prior to utilising the payment gateway facility.
C. Credit card transactions for the purchase of mutual funds, the credit of proceeds from the redemption or sale of mutual funds, or the payment of dividends will not be permitted.
D. The Company has only utilised the services of a Third-Party Service Provider for its payment gateway and has no control over the service provider's systems and processes. This service is primarily intended to facilitate 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 other similar activities in the payment gateway system or in the user's bank's systems. The Company shall not be liable for any technical issue or system failure of the payment gateway service provider, and the Company shall inform the user upon receipt of information from the service provider regarding debit of any funds from the registered user's account and non-allotment of mutual fund units.
BROKERAGE
When a user purchases mutual funds, the Company receives a commission from asset management firms. However, the Company's commission does not influence its recommendations on funds.
AUTHORISATION OF FEEDS AND PORTFOLIO INFORMATION
The User authorises the Company to receive information regarding the User's investments and reverse feed files from the AMC and RTA/s. The User grants unrestricted permission to share/provide the transactions data feed/portfolio holdings/NAV etc. regarding 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-195845
NOMINATION
A. Nomination is a facility that allows an individual unitholder (including the sole proprietor of a sole proprietary concern) to nominate a person who can claim the Units held by the unitholder or the redemption proceeds thereof upon the unitholder's death.
If the Units are held jointly by more than one person, all joint unit holders must jointly nominate a person to whom all rights in the units would pass upon the death of all joint unit holders.According to Regulation 29 A of the SEBI Mutual Funds Regulations, 1996, mutual funds must offer unitholders the option to nominate in accordance with the Fourth Schedule.
B. Only those applying for/holding units on their own behalf, either individually or jointly, are eligible to nominate.
C. One may nominate any person, including a minor, other than a company/body corporate, partnership firm, Hindu Undivided Family (HUF), society, or trust (other than a religious or charitable trust).
If the nominee is a minor, the customer making the nomination must provide the name and address of the nominee's legal guardian.
Even a non-resident Indian (NRI) is eligible to be a Nominee, subject to the exchange control regulations in effect at the time.
Nominations may also be made on behalf of the Central Government, the State Government, a local authority, a person designated by virtue of his/her office, or a religious or charitable trust.
D. A Power of Attorney (PoA) holder and a guardian investing in mutual fund units on behalf of a minor are unable to nominate.
A guardian is appointed to oversee a minor's financial affairs until the minor reaches the age of majority. Transactions made through the guardian while a child is a minor must be ratified by the minor following attainment of majority age. Therefore, the law prohibits the guardian from being a nominee on the same account, as the minor will have sole discretion once they reach the age of majority.
E. The nominee cannot be a trust (other than a religious or charitable trust), society, company, partnership firm, Hindu Undivided Family (HUF), etc.
F. Nominations may be made either at the time of the initial application to purchase Units or at a later date.
To make a nomination when investing for the first time with a mutual fund, the applicant must complete the 'Nomination' section of the account opening application form. To subsequently register a nomination, the investor must fill out the prescribed Nomination form and submit it to the mutual fund's investor service centre or its Registrars.
Once a nomination has been made, it can be altered at any time and an unlimited number of times.
A person may nominate up to three individuals and must clearly indicate the percentage of allocation/share in favour of each nominee against their names, with no decimal places. In the event that the allocation/share percentage for each nominee is not specified, the AMC will divide the claim equally among all nominees.
The unit holder is required to sign the Nomination Form (with hand-written signature). If the units are held jointly, all joint holders are required to sign the nomination form, regardless of how the account is operated (i.e., "anyone or survivor" or "jointly"). Download the Standard MF Nomination Form by clicking here.
G. A nomination regarding the Units does not create an interest in the property upon the Unit holder's demise. The nominee(s) will only acquire the rights to the Units upon the demise of all Unit Holders. A nominee may not necessarily acquire any title or beneficial interest in the property through this nomination. The nominee(s) shall only receive the Units in the capacity of agent and trustee for the legal heirs or legatees, as applicable.
Nomination pertaining to units is revoked upon redemption of units. Only those individuals who hold units on their own behalf, singly or jointly, and who made the original nomination may cancel their nomination.
A new nomination request will result in the cancellation of an existing nomination and its replacement with a new nomination, i.e. a new nomination for a folio/account will replace an existing nomination.
Upon cancellation of nomination, the nomination is revoked and the AMC/Mutual Fund is under no obligation to transfer the units to any of the nominees.
Transfer of units/payment of redemption proceeds to a nominee shall be valid and effective against any demand made upon the mutual fund/AMC, and shall release the mutual fund/AMC from all liability to the estate of the deceased unit holder and his/her successors and legal heirs, executors and administrators.
If the Mutual Fund, the AMC, or the Trustee were to incur or suffer any claim, demand, liabilities, proceedings, or if any actions are filed, made, or initiated against any of them in relation to or in connection with the nomination, they shall be entitled to indemnification from the investor's estate for any loss, expenses, costs, and fees that any of them may suffer or incur.
H. Regarding mutual fund units held in electronic (demat) mode with a depository, the Unitholder's nomination information provided to the depository will apply to mutual fund Units held in demat mode. This nomination, including any modification, cancellation, or substitution of Nominee(s), shall be governed by the Depository's rules and bylaws.
Payment of the sums to the nominee in respect of a demat account releases the Mutual Fund from all liability to the estate of the deceased Unit holder and his/her legal successors/legal heirs. If a demat account has joint holders, the securities will be transferred to the surviving holder upon the death of one of the joint holders (s). The Units / securities will be transferred to the nominee only in the event of the death of all joint holders.
I. In the event that a Unitholder fails to make a nomination, the Units will be transferred to the account of the deceased's legal heir(s) in accordance with the applicable succession law and a lengthy (and often expensive and cumbersome) procedure.
Nomination is a simple and inexpensive way to make it easier for one's loved ones to claim the money in one's mutual fund folio, demat account, or bank account after one's death with minimal paperwork.
To claim the Units after the death of a unitholder, the nominee must complete the necessary formalities, including completion of KYC process, proof of death of the unit holder, duly attested signature of the nominee, proof of guardianship if the nominee is a minor, and any other document required for transmitting the units to the nominee's account (s).
ONLINE FRAUDS
Even though the Business owns the best softwares and techniques to mitigate any risks that may arise as a result of internet frauds, including but not limited to hacking, phishing, theft of personal information such as login IDs and passwords, injection of viruses, malware, malicious or destructive or corrupting codes or programmes, etc. (collectively referred to as "Internet Frauds"), the possibility of such a threat cannot be ruled out, and the Company assumes no liability for such occurrences.
The Company, Third Party Service Providers, and AMCs/RTAs are not responsible or liable for any Internet Frauds. In addition, neither the Company nor the Third Party Service Providers nor the AMCs/RTAs shall be liable for Internet frauds or any compromise in the secrecy of the User's login and password details committed by, on behalf of, or with the User's permission.
For logging into the investment account and conducting transactions through the Website/Application, it is necessary to enter complete, accurate, and proper information. These details are being sent to the AMCs/mutual funds in order to carry out the User's instructions. In the event that a User receives an incorrect credit of funds/mutual fund units as a result of an error, whether accidental or otherwise, the relevant AMC/mutual fund shall have the right to reverse such credit at any time without the express consent of the User who has been unjustly enriched. Any such User who receives an erroneous credit of funds/units or any other erroneous gain must indemnify the AMCs/Mutual Fund against any loss or damage resulting from such an erroneous credit.
In the event that the AMCs/Mutual Funds have any reason to believe that any transaction/s undertaken by a User are not genuine, improper, or illegal, the AMCs/Mutual Funds may, at their sole discretion, refuse to carry out the transactions requested/undertaken by the User. This determination by the AMCs/Mutual Funds shall not be contested by the User. The AMCs/mutual funds shall not be liable or responsible for any direct or indirect loss or damage incurred by the User as a result of such refusal to effectuate any transaction. Provided, however, that any subscription fees paid by the User will be refunded to the User.
INDEMINITY
A. The User shall at all times indemnify and hold harmless 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 from and against all monetary and other harm, injury, costs, losses, liabilities, damages, charges, actions, legal proceedings, claims, and expenses and consequences, including, but not limited to, attorneys' fees.
B. Mutual fund investments are subject to market risks and are susceptible to losses due to market fluctuations. Under no circumstances shall the User 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 due to 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/delay of the mutual fund/AMCs to deliver any units purchased despite payment having been made for the same or failure/refusal/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.
D. The User shall not hold the Company or Third Party Service Providers or their employees, officers, agents or representatives liable for any delay / refusal / non-payment of any redemption proceeds or dividend payouts by the Mutual Funds to the User's account/s for any reason whatsoever. The User agrees not to hold the Company or Third Party Service Providers or any of their employees, officers, agents, or representatives liable for any direct or indirect or consequential loss or damage caused by such delay/refusal/non-payment of any proceeds of redemption or dividend payout.
E. The User shall not hold the Company or Third Party Service Providers or any of their employees, officers, agents, or representatives liable for any of the following, and agrees not to do so.
1. Any delay or failure in processing the User's transactions due to system failure or for any other reason;
2. For any loss or damage incurred or suffered by the User as a result of any error, defect, failure, or interruption in the transaction resulting from or caused by any cause whatsoever;
3. For any fraud, negligence/mistake, or misconduct on the part of the User, including failure to comply with KRA/KYC/CKYC norms or provide a valid PAN or PMLA requirements;
4. For any violation or noncompliance of these Terms by the User.
5. For not allowing the User to engage in business after such reasonable verification as the Company or Third Party Service Providers, or its employees, officers, agents, or representatives may deem appropriate.For allowing any individual who provides the Company or Third Party Service Providers or their employees, officers, agents, or representatives with a login id and/or password to access investment account information.
F. The Company or Third Party Service Providers or their employees, officers, agents, or representatives shall not be required to re-verify the identity or other details of the User after the User has successfully registered 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 as a result of not verifying the identity or other details following successful registration.
G. This indemnity shall survive the termination of services by the Company or the User and shall apply to any claim made in relation to or in connection with the User's transactions on the Website/Application.
H. Notwithstanding any other provision of this Agreement, the maximum amount for which the Company or Third Party Service Providers or their employees, officers, agents, or representatives may be held liable shall not exceed the amount paid by the User for the subscription.
I. The User shall indemnify, defend, and hold harmless AMCs/RTAs/MFs against any action, damage, or liability they may suffer, incur, or become subject to in connection with or arising from sharing, disclosing, and transferring information about transactions in the schemes of MFs executed via the Website/Application. In addition, the User shall not hold AMCs/RTAs/MFs liable and/or responsible for any loss/damage of any kind or nature that may be incurred or suffered by the User as a result of any illegal or unauthorised acts, omissions or commissions, fraud, negligence, delay in transmission/cessation of sharing of information, misuse of information and/or default on the part of the Company. This indemnification shall survive the termination of the User's agreement with the Company and the termination of this declaration.
CANCELLATION OR SUSPENSION OF USER ACCOUNTS
A. The Company may, in its sole and absolute discretion, suspend, modify, or deny access to the facilities/services at any time and for any period of time it deems appropriate in its sole and absolute judgement. The services may be suspended for such reasons as, but not limited to, violation or noncompliance 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 justifying suspension, cancellation, modification, or disallowance in transacting through the investment account.
B. The Company may terminate the services accessible to a User through the investment account opened with the Company at any time by providing 30 days' notice. This notice may be delivered by the Company via email to the registered email address, via short message service to the registered phone number, or via letter to the registered postal address provided by the User. The User may discontinue using the services and close the investment account at any time by notifying the Company of his intention 30 days in advance.
C. The Company, its employees, agents, and representatives shall not be liable for any direct, indirect, or consequential loss incurred by the User as a result of the suspension, cancellation, modification, or termination of the Company's services.
D. Upon termination of the services and/or closure of the investment account, the Company shall promptly inform and transfer to the concerned mutual funds/AMCs/RTAs all the details available with it to enable the User to deal and transact directly with the mutual funds/AMCs/RTAs. The User shall have unfettered and unrestricted access to Mutual Funds/AMCs/RTAs and may directly approach them for any purchase, redemption, switch, or sale transaction that the User intends to conduct.
E. Upon being informed of the termination of services and/or cessation of the investment account, AMCs/RTAs/MFs shall cease sharing information (including reverse feeds) with the Company, and AMCs/RTAs/MFs shall not be liable for any information shared with the Company post-termination of services and/or cessation of the investment account, due to the failure of the Company to inform AMCs/RTAs/MFs of such termination.
INTERNET PROPERTY RIGHTS OF WEBSITE
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 materials, 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. Users acknowledge and agree that the Company and/or its licensors or suppliers own all rights to this Website/Application, its content, and any intellectual or proprietary property and/or technology (in any form) made available to the User as part of or in conjunction with the services.
B. Users may only utilise the services provided by the Company and any of the aforementioned only as expressly permitted by these Terms and Conditions in furtherance of using the services. Users may only download or print a copy of the information found on the Website/Application for their own personal, non-commercial use. Users are prohibited from copying, reprinting, reproducing (electronic or otherwise), downloading for commercial purposes, distributing, transferring, transmitting, or creating derivative works from any content on the Website/Application, in whole or in part, for any other purpose, without the Company's prior written consent. Users may not reverse engineer, reverse compile, or 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 aforementioned for illegal purposes and shall comply with all instructions and directions for the protection and security of the Intellectual Property Rights owned/licensed by the Company.
DISCLAIMER
A. Investments in mutual funds are subject to market risk, and users are advised to read all scheme-related documents, such as the Scheme Information Document, Key Information Memorandum, Statement of Additional Information, and any addenda to the same, 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 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 Company's online platform shall be accessed, referred, used, relied upon at the User's sole discretion and that 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 t he User acknowledges that the Company 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. In addition to the distribution service offered through the online platform, the Company may offer transaction execution services to enhance the user experience and facilitate the completion of transactions on the online platform. However, such incidental execution services shall never be construed as the provision of investment, legal, tax, or financial advice or advice of a similar nature. The Company is primarily engaged in the distribution of mutual funds, and any investment decisions shall be made at the User's sole and absolute discretion; the Company, its employees, agents, or representatives shall not be deemed to be involved in the investment decision-making process.
D. The Company's services do not constitute an offer to buy or sell or a solicitation to any person in the United States of America, Canada, or any other country where it is illegal to make such an offer or solicitation.
E. Profits, gains, and/or losses on investments made through the Website/Application are subject to all applicable laws, including fiscal laws such as the Income Tax Act of 1961. In accordance with the applicable laws, mutual funds/AMCs/RTAs may make such tax deductions, including withholding taxes, tax deducted at source, etc.
F. Although adequate and reasonable care and caution is administered by the Company/Third Party Service Providers or their employees, agents or representatives, 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 such information, material, text, graphs.
G. The Users agree and acknowledge that the Company's services, investment account, and other offerings 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 Company's services and the User's investment account 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, programmes, 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 is not responsible for any delay or failure in execution of instructions, rejection of transactions, or failure to complete any payment or other instructions as a direct or indirect result of any of the aforementioned causes.
I. Neither expressly nor implicitly does the Company warrant: 1. That the services provided through its online platform will be uninterrupted at all times. Due to errors or failures in the system or servers, the User may experience issues with transaction delays or failures.
2. That any or all defects that may be identifiable may be rectified or modified completely.
3. That the online platform is not vulnerable to viruses, malware, or any other programme or code with destructive features or consequences that could impact the transactions conducted, 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 conducting any transaction.
That it violates the rights of third parties or intellectual property rights
J. The User agrees and acknowledges that while using the Website/Application, the Company may gain access to certain private and confidential information of the User. This information will be used internally by the company 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.
K. The User agrees and confirms that the Company may from time to time send promotional email, text messages, etc. to keep Users informed about subscription plans. The User consents to receiving such emails, text messages, etc. at the registered email address or phone number with the Company. In the event that any of the User's registered details change, the User must notify the Company with sufficient lead time for the necessary changes to be made. The organisation shall not be held liable for any omissions after receiving such reminders. Messages, etc., due to a change in email address, phone number, or other information registered with the company.
L. The User confirms and agrees that he or she has read, understood, agreed to, and accepted the Terms and Conditions, Privacy Policy, etc., and all other information pertaining to or in connection with the User's use of the services.
M. 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 the 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, unauthorised access to computer data and transmissions, computer hacking, unauthorised
N. The User consents and confirms to being contacted by the employees, representatives, and agents of the Company or a Third Party Service Provider for the purpose of providing information about services, schemes offered by the Company, or notifications or alerts, via phone call or Short Message Service on the registered mobile number/landline number or via email sent to the registered email id of the User.
O. If the User has activated the Do Not Disturb (DND) feature, it is highly probable that the User will not receive SMS alerts/notifications from the Company or third-party Service Providers. Therefore, it is recommended that the User de-register or unsubscribe from the DND list in order to continue receiving SMS alerts and notifications. In the event that the User is unable to receive such alerts/notifications due to its number being registered with the DND registry, the Company/Third Party Service Providers shall not be held liable for any omission in communication of the aforementioned alerts/notifications.
MODIFICATIONS AND AMENDMENTS
The Terms and Conditions may be amended, modified, supplemented, or restated at any time at the sole discretion of the Company for any reason, including but not limited to, change in law or regulation, change in the Company's policies, change in the nature and scope of the services offered by the Company, etc.
CONFIDENATIALITY
During the course of accessing and utilising the services via Website/Application, the Users may share with the Company information that is private or confidential in nature. The Company shall make reasonable efforts to maintain the confidentiality of such information. However, the Company shall be permitted to disclose such information or particulars to any court, authority, statutory or otherwise, as may be required by law or Third Party Service Provider required to carry out the User's requested transactions.
JURISDICTION
Any dispute arising out of or relating to the Terms and Conditions or Privacy Statement shall be subject to the exclusive jurisdiction of the courts and tribunals of Mumbai. The Terms and Conditions shall be interpreted in accordance with India's Applicable Laws.
"Applicable Law" refers to any statute, law, regulation, ordinance, rule, judgement, order, decree, by-law, clearance, circular, notification, press releases, directive, guideline, policy requirement, or 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 at hand, when applicable.
ONLINE SIPS SUBSCRIPTIONS
A. The Users acknowledge and agree that activation/registration of the online SIP facility will take a minimum of 30 days from the date of submission of the physical mandate, subject to the successful validation and acceptance of the SIP mandate by the concerned bank. Similarly, a minimum of 30 days must elapse between the date of receipt of the request to deactivate the SIP and the date of the last investment made under the SIP. Upon successful registration of the mandate, the User can initiate a SIP until the mandate's expiration or until the User deactivates it earlier.
B. The User authorises the Company and its Third Party Service Providers to debit the registered bank account via RBI's ECS (Electronic Clearing System) or National Payments Corporation of India's NACH (National Automated Clearing House) for collection of SIP instalments and transfer of same to the respective AMC's bank account. When and if a facility of this type becomes available, the NACH terms will come into effect.
C. The User agrees, understands, and acknowledges that a certain period of time will elapse between the actual debit of funds from the User's registered bank account and the 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, prior to the actual transfer of funds to AMC' s bank account on the SIP date (T date).
D. The User agrees and acknowledges that in order to receive the NAV on the SIP date (T date) selected by the User, the SIP amount shall be debited from the User's registered Bank Account a few days prior to the SIP date (T), e.g. T-2, T-4 etc., depending on the ECS / NACH debit cycle of the User's bank, which may vary from location to location, as per ECS / NACH mechanism. The User understands, agrees, and acknowledges that the Company or Third Party Service Providers will debit the User's account on T-number of days depending on 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 reaches the respective registrar of AMC for allotment of units as per NAV on T date.
E. The Users must maintain sufficient funds in their registered bank account at least 7 days prior to the SIP date (T date) in order to honour the SIP mandate. The allocation of units and the corresponding NAV are subject to the realisation of funds by the relevant mutual fund or asset management company. The Company or Third Party Service Providers shall not be held liable for non-allotment of units of mutual funds due to insufficiency of funds in the registered bank account on T – number of days based on the ECS/NACH mandate. In the event that the mandate is not honoured due to insufficient funds or any other reason, the SIP instalment for that month/quarter/half year/year shall lapse.
F. The units allocated by the respective AMC/RTA can be confirmed by the User on the day following the SIP date (T date).
MISCELANEOUS
A. Users shall have the unrestricted right and access to purchase, redeem, or switch units of Mutual Funds/AMCs without going through the Website/Application or the Company.
B. All transactions conducted via the Website/Application shall at all times be subject to the applicable law, rules, regulations, directions, orders of an 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 addenda issued thereto from time to time (collectively referred to as "Scheme Related Documents"). The User agrees and acknowledges that the applicable exit load or other charges may be levied by the respective Mutual Funds/AMCs in accordance with the Scheme related Documents. Before making investments, the User must read, become familiar with, and consent to the Scheme-Related Documents.
C. The User's agreement with the Company, which consists of these Terms and Conditions and Privacy Policy, is non-exclusive, and the User is free to enter into comparable or other arrangements/agreements with other service providers. In the event that this agreement is terminated via Suspension, Cancellation, or Termination, as applicable, the User shall not be permitted to use the Website/Application for any transaction, including but not limited to the purchase, redemption, transfer, or switch of units of mutual funds. After the service has been terminated, the Company will assist the User in obtaining the necessary information to transact directly with the Mutual Funds/AMCs.
D. The User agrees at all times and without reservation 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 transactions conducted through the Company's Website/Application.
E. The User may not assign its obligations without the prior written consent of the Company, and any assignment made without such consent shall be null and void from the outset.
F. The Company or the Mutual Funds/AMCs may reject any transaction or series of transactions that, in their judgement, are intended to capitalise on short-term market fluctuations.
G. If any term or provision of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason, 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 held invalid, illegal, or unenforceable, had never been included herein.
H. The information, data, analysis, and opinions ("Information") contained herein: (1) may contain proprietary information of Morningstar and its content providers; (2) may not be copied or redistributed unless expressly 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 derived from fund data published on various dates. Morningstar is not liable for any trading decisions, damages, or other losses resulting from the use of the Information. Please verify all information before using it, and do not make any investment decisions without consulting a financial professional.
CAUTION
Mutual Funds' past performance is not indicative of future returns. All investments in mutual funds are subject to market risk. Before investing, please read all scheme-related documents carefully.
According to the Information Technology Act of 2000, this is an electronic record. As it is generated by a computer system, no physical or digital signatures are required.