AMC refers to the Asset Management Companies;
AMFI refers to the Association of Mutual Funds in India;
KYC refers to “Know Your Customer” as mandated by Reserve Bank of India in the Know Your Customer guidelines.
Operator shall refer to the operator(s) of the Website/ Mobile Application which is MFA Wealth Solutions Private Limited;
Operator Offers refers to the sponsored information, links, details or alerts from the advertisers;
Scheme Documents refers collectively to the scheme information document, statement of additional information, addenda, notices etc.
Services and Information refers collectively to any alert, article, analytics, view, video, information, advice, tool, calculator, analysis, report, data, content news, price, statistic, comment, feedback, advertisement etc. or any other service provided on or through the or used by Website/ Mobile Application.
Userrefers to you, i.e., the person who accesses this website for personal or any other authorized use.
User Agreement refers to (a) the user application form, which is generated on the basis of information and details provided by the User while accessing the Website/Mobile Application (b) KYC form, which is to be submitted by the User in case he/she is not KYC compliant as a pre-requisite for making any investment through the Website/ Mobile Application and (c)Bank mandate or National Automated Clearing House mandate for any recurring payment to be undertaken on behalf of the User as part of investment made through the Website/ Mobile Application
By any usage or access of the Website/ Mobile Application, you acknowledge and confirm that:
The Operator reserves the right to make any modifications to the Website/ Mobile Application and the Governing Conditions at any time without any notification of the same to the User. It is expressly understood that if any of the points in the Governing Conditions are found to be unenforceable under applicable law, it shall have no bearing on the enforceability of the rest of the terms of the Governing Conditions. By using or accessing the Website/ Mobile Application, the User agrees to the Information Disclaimer, Service Limitation and Liability Disclaimer as stated below and accepts them as reasonable.
I. Registration Details
The User expressly undertakes to furnish and provide accurate, true, and complete details, including but not limited to personal information and documents in relation to registration on the Website/Mobile Application.The registration shall be terminated, with immediate effect, if any information or documents supplied by the User is found to be incorrect, dated, false or improper.
The User understands that the selling of financial products is regulated activity that the Operator is bound by Association of Mutual Funds of India’s Code of Conduct The User therefore undertakes to provide the required documents and information to the Operator or any person authorized by the Operator for complying with the applicable Know Your Customer (KYC) norms which are published and amended from time to time, by the Reserve Bank of India.The user further undertakes to provide the documents and information to the Operator or any person authorized by the Operator for complying with the Operator Registration Document, NACH Mandate and FATCA related forms.In case the user directly changes any of the KYC, NACH mandate or FATCA related changes directly with the KYC registration Agency, then it shall be the obligatory on part of the user to update the same on the Operator’s website/application.
The User acknowledges that the registration details, including the contact number and the email address, can be changed upon following the email/mobile change request process available on the website or the application and have to go through the user authentication process laid down in the website/application. In an event where the user requires to change both the registered email ID and the mobile number, then the user is obligated to download the application from the operator’s website/application and follow the process laid down in the website before any change is effected by the operator.
II. Information Disclaimer
The Website/ Mobile Application displays information referring to products distributed or offered by the Operator, including videos, general and investor education related information. Whilst the Operator, to the extent possible,has undertaken reasonable efforts to make sure that the information and data available on this Website/ Mobile Application is complete, current and accurate at the date of its publication on the Website/Mobile Application. The Operator does not provide any guarantee (express or implied),representation or warranty as to the correctness,accuracy, competency, completeness, quality, performance or fitness of the Service and Information.Further, any information or service provided or taken from group/associate company or third parties are incidental and must be viewed as such. Notwithstanding anything contained in these terms, if the User wishes to access or rely on such advice or consultation it shall be subject to terms and conditions, of such group/associate company or third parties.
The Services and Information provided on or through the Website/ Mobile Application is qualified to the following extent:
The User of the Website/ Mobile Application shall be responsible to ensure that the services, products and facilities which are provided on the Website/ Mobile Application conform to the laws that are applicable in the respective jurisdiction. The User further undertakes that none of the services, offers, products and facilities offered by the Website/ Mobile Applicationcanbe interpreted as a solicitation,or an “offer to sell”or of an offer to buy any products by or from any persons(s) in their jurisdiction.
Users of Website/ Mobile Application may be directed to other online portals for their own convenience however such Users should read the terms and conditions on such portals prior to using their services. The Operator is in no way responsible for such portals.
It is further clarified and made explicit that Information and Services that are provided through the Website/Mobile Application shall not in any manner whatsoever be deemed to be legal, tax or an investment/financial advice, an advice to buy or sell, or any kind of endorsement or solicitation to buy or sell any securities or any other financial instrument for any reason whatsoever or an opinion on the same.
Users shall be solely responsible for their decision in making any kind of investment in financial and securities market or for any decisions that have been made by them in respect of any investment or financial related matters through the Operator or any investment vehicles or group or associate companies of the Operator or by any third party engaged in providing such services and for all outcomes thereafter. Due to the presence of an inherent risk in financial and securities market, it is advised in the best interest of the users to obtain expert advice from an independent legal, tax, accounting or other professional experts before making any investment decision to ensure the much required protection against market risks or allied concerns therein. The results and analysis on the website might not be suitable for all users. The Website/ Mobile Application or the Operator or any employees/representative/authorized personnel shall not be responsible for any decision made by the User through the use of the Website/ Mobile Application.
We expressly state herein that no information, hosted on the Website/Mobile Application or on any third party portal including but not limited to banks, billers,merchants,associate or group companies etc., to which Website/ Mobile Application may direct you,is in any manner, true, accurate or free of deficiencies.
The Operator or its employees/ representative / authorized personnel shall not be responsible for the information provided on the Website/ Mobile Application including but not limited to data feeds, rate and prices, and other similar market value information about any product/asset/property or securities and henceforth Users are advised to check the latest market information, rates, values or prices independently prior to use of such Services and Information. Service Limitations
The Website/ Mobile Application shall have no liability whatsoever for any technical error and/or other issue and any harm or damage caused to the User. Except where expressly stated otherwise, the Services are provided “AS IS” without any warranties, and the Operator shall not be responsible for any kind of loss, non-delivery or failure to store any User data, alteration in other personalization settings or interruption in service of any kind due to any error, bugs or other issues.
Further, in case of any harm or damage caused to the User due to usage/non-usage, availability/non-availability of Website/Mobile Application, termination or non-performance of the system due to the presence of any computer virus, data corruption, delay in operation or transmission, communication line failure or otherwise, neither the Operator nor any of its directors, associates, employees or other representatives shall be held liable for the same.
The user is advised to take note that Mutual fund investments are subject to market risks and read the scheme information and other related documents carefully before investing. Past performance is not indicative of future returns. The user is further advised to consider his/her specific investment requirements before choosing a fund, or designing a portfolio that suits his/her needs.
III. Liability Disclaimer
The Website or the Operator shall not be responsible for any errors or omissions or for any result obtained from the use of the Website/ Mobile Application or Services and Information. Website/Operator hereby explicitly disclaims all liability of any nature on account of the use of the Website/ Mobile Application or Services and Information by the User. Neither the Website/Operator nor its affiliates or its group company or its directors, authorized representatives or employees shall not be held liable for any decision made or action taken by the User in reliance upon the Services and Information, for any loss caused to the User. The Operator or the Website/ Mobile Application shall also not be liable for any direct, indirect, exemplary,special, punitive or consequential damages.The User are advised and recommended to read the Scheme and other related Documents which are public documents and which may or may not be uploaded on the Website/ Mobile Application. The User are also recommended to read each and every disclaimer and the respective terms of facility, product, service, and scheme displayed on the Website/ Mobile Application.
It is expressly stated that the Services and Information and advice if any delivered through the Website/ Mobile Application may not be necessarily accurate as it is based on the algorithm or mathematic computation which factors information provided by you, assumptions and market related information procured by the Operator from various sources and the calculations are based on approximation and acts as a generic guide. The Website/ Mobile Application and the Operator strongly suggests that you seek expert advice from other sources or experts before making any investment through the Website/ Mobile Application.
Further, the Website/Mobile Application or the Operator are not qualified to give any investment advice and if any part of the Service and Information offered by the Operator is construed as an advice, the Operator expressly states that the same is merely ancillary/incidental to the business undertaken by it.
All data, reports, videos and/or information displayed on the Website/ Mobile Application are sourced and displayed on the website for the purposes of dissemination of information to you and to that extent it may also be provided by third parties. Website/Operator makes no representations of any kind whatsoever about the accuracy, relevancy or correctness of the content of any the Website/ Mobile Application and/or third parties that the User may access through this Website/ Mobile Application. Users are advised to read the terms and conditions/disclaimers mentioned herein and on the portal of third parties that are being used, accesses or relied upon by the User.
It is further advised to corroborate the accuracy of any information before relying on information provided on the Website/ Mobile Application. The Website/ Mobile Application or the Operator disclaims all liability that the User may experience as a result of depending on any such reports, data or information and/or accessing any other Website/ Mobile Application and/or any third party content that may be accessed from the Website/ Mobile Application.
IV. Cut-off time
The User understands and agrees that all the investments made by him/her through the Website/ Mobile Application are subject to a cut off time stipulated by different AMCs post which the investment will only be processed on the next working day.
V. Not an Investment Advisor, Planner, Broker or Tax Advisor
User hereby understands and agrees that Services and Information as provided are general in nature and for the purpose to support the Users in planning their financial goals and may or may not suit everyone’s need. Henceforth, Users shall not in any case whatsoever consider or rely on the Operator or the Website/ Mobile Application as a financial planner, financial intermediary, tax broker or investment advisor broker.
The Operator may receive a commission from the following AMCs, on an annual/half-yearly/quarterly basis as given in the Disclosures
The aforementioned commission has no relation to any investment suggestions made by the Website/Website Application, as the suggestions are generated by an automated algorithm, without any human interference, relying on the correctness of the inputs received from the User and the market information available at that point of time.
Therefore, it is advised that Users shall obtain additional information and seek opinion of their financial advisor or consultants who are fully aware of the Users individual circumstances.
IV. Intellectual Property Rights and Endorsements
All rights in relation to the patent,copyright, trademark and/or with respect to other elements of intellectual property rights in the Website or the Mobile Application and in the information or any data contained herein are owned either by Website/Operator, or by relevant third party content providers. The User agrees not to modify, rent, lease, loan, sell, broadcast, reproduced, circulate, disseminate, distribute or create derivative work based on the service or information in any manner. Further the User also undertakes that he shall not exploit any right related to copyright or any other intellectual property right vested in the content displayed on the Website/Website Application including any text, images, audio and video, in any unauthorized way whatsoever including but not limited to without Operator’s prior written permission.,
Other than the marks of the Operator, all the product and the service marks are the trademarks of their respective owners. The User is bound to respect the same in the same manner as provided above. It is explicitly provided that the Operator in any course of usage of the Website/ Mobile Application by the User does not endorse, sponsor or recommend third party information, product or services by displaying such marks, products, information, names or services of third parties or outside links such as hypertext links to third party sites etc on the Website/ Mobile Application.
VII. Third Party Service Provider
Website/Mobile Application engages the services of third party service providers (AMCs, KYC KRA, FEDEX etc) as part of its offering of the Website / Mobile Application to the Users. The Website / Mobile Application may in its sole discretion, without intimating the User, appoint/reappoint/replace any or all third party service providers.
VIII. Third Party Links/Offers`
Certain parts of the Services could be supported by sponsored links from advertisers and display operator or any other third party offers (“Third Party Offer(s)”) that may be custom matched to you based on information stored in the Services, queries made through the Services, or any other information. You agree and understand that the Operator may disclose and share such information when a particular third party proposes a particular Third Party Offer which in our opinion might interest you. It is provided explicitly that that the User agrees and understands that the Operator or the Website/ Mobile Application are not in any way endorsing or providing any warranty or guarantee for products or services offered or made available by the Operator or Website/ Mobile Application.
In connection with Third Party Offers, the Services may provide information or links to websites belonging to such advertisers and other third parties, which are beyond the control of the Operator and are based entirely on the information received from such third parties. The Operator does not endorse, warrant or guarantee the products or services available through the Third Party Offers (or any other third party products or services linked from our site), whether or not sponsored, and the Operator shall neither be construed as an agent or broker or a representative of such advertisers or third parties, nor otherwise be responsible for the activities or policies of their websites. The usage of such service, if any, shall be entirely on the basis of the terms and conditions between you and such advertisers or third parties
IX. Access and Interference
The User by accessing the Website/ Mobile Application agrees and undertakes not to-
X. Restrictions on commercial use or resale
The User has been granted the sole and exclusive right by the Operator to use the services rendered by Operator through the Website/Website Application; therefore, the User is prohibited to resell or make any commercial use of such services. It is also explicitly understood that the Services and Information that are available are only for the personal use of the authorized User.Further, you shall at all times use your own bank account/details for any transaction resulting from the use of Services and Information offered by the Website/Website Application. Any non-compliance with this section will lead to cancellation or invalidation of transactions or orders placed by you.
XI. Rights you grant to the Operator or the Website/ Mobile Application as a Distributor as regards to the content you provide
The User by accessing the Website or Website Application grants the Operator or the Website/ Mobile Application,the right of usage, display, modification, transmission, transfer to third parties, distribution of any data, information, materials, or other content that the User has provided during the course of his usage of the Website or Website Application (collectively, “User Content”).
In addition, the authorized User of the Website or Website Application has the right to provide feedback in relation to Services and Information.. The Website/ Mobile Application shall have right to accept, reject or use the feedback for no consideration in whatsoever manner they desire and make changes to the Website/ Mobile Application in pursuance of the same provided however that in such cases the worldwide, royalty-free, perpetual, non-exclusive and irrevocable right, for such change shall rest with the Operator or the Website/ Mobile Application.
XII. Force Majeure
The Website/ Mobile Application makes use of reasonable security measures to keep the Website/Mobile Application free from hacking and any other possible interference, nonetheless, the Operator or the Website/ Mobile Application does not represent or guarantee that the Website/ Mobile Application will be not susceptible to any virus, interference, corruption, attack, loss, hacking or other security breach and the Operator disclaims any liability occurring in future corollary to any damage or loss suffered by the User due to any manipulation or change of data or information that may be accessed from the Website/Mobile Application and/or the transmission relating thereto. It is stated that no action can be initiated against the Operator in any manner for the accuracy, correctness or dependability of the data and/or continuous/ error free provisions of the Service.
It is expressly stated that in case of any consequential or incidental loss, damages, claims, tort or otherwise in whichever form/manner, the Operator, and/or its directors, employees, agents shall not be responsible in any manner for any liability in respect of any person/entity arising directly or indirectly thereto if such situation is outside the control of Website/Mobile Application.
The User agrees to indemnify and hold harmless the Operator (including its officers, representatives, directors,affiliates, agents, employees, group companies or subcontractors) with respect to any claims, damages and expenses inclusive of attorney’s fees without limitation as a corollary to the use and accessibility of the Operator by the User including the User access and use of any information of any third party on the Website/ Mobile Application. It is provided stringently that any non-observance of the terms therein including third parties or any third party actions with respect to Users receipt and use of the information, whether authorized or unauthorized. Any clause pronounced invalid shall be deemed severable and will not affect the validity or enforceability of the remainder in any manner.
XIV. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR OR THE WEBSITE/MOBILE APPLICATION IS NOT LIABLE FOR ANY INDIRECT, REMOTE, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE/ MOBILE APPLICATION, EVEN IF THE OPERATOR HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION TO DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE WEBSITE/MOBILE APPLICATION OR (B) SERVICES OFFERED ON THE WEBSITE/MOBILE APPLICATION (C) CONDUCT OF ANY USER ON THE WEBSITE/MOBILE APPLICATION (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, (D) MALICIOUS OR CRIMINAL BEHAVIOUR, OR FALSE OR FRAUDULENT TRANSACTIONS (E) TECHNICAL OR OTHER OPERATIONAL LAPSES ON THE WEBSITE/MOBILE APPLICATION.
IN ANY EVENT THE OPERATOR’S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED INR 100 (INDIAN RUPEES ONE HUNDRED ONLY).
XV. Compliance with Laws
It is expressly agreed that the User shall be bound by and comply with all applicable laws and statutory requirements in India whether they are in effect as of now or in later course of time during the use of service.
XVI. Password Protected Areas
It is hereby declared that only authorized Users are provided access to areas on Website/ Mobile application secured via password or otherwise. In absence of express and specific authorization, no User shall obtain, attempt to obtain, grant or otherwise allow unauthorized access to aforesaid areas of the Website/ Mobile Application.With a view to strengthen security, the User is allowed to alter their registered mobile number and/or email ID only once, further which no change is permissible.
XVII. Exclusive Agreement
User hereby affirms that the terms mentioned herein are the exclusive and complete Agreement between the User and the Operator and thereafter supersede any proposal or prior agreement, either verbal, documentary or in any other form between the User and the Operator and its third party service providers/merchants/ processor bank in relation to the subject matter of these terms. Subject to the requirement of the circumstances the terms of the Governing Conditions, as the same may be amended, suspended or modified. The User also affirms that such conditions shall administer and prevail over any subsequent verbal communications between the User and the Operator and/or the processing bank.
The Website/ Mobile Application reserves the right to alter and/or withdraw any or all of the terms and conditions of the services/facilities offered on the Website/ Mobile Application at any time as and when required.
The Website/ Mobile Application reserves the right to terminate or cancel any or all of the Governing Conditions and/or any or all of license rights, for any of the reasons mentioned herein, with immediate effect and no legal action shall be initiated against the Website/Mobile Application or the Operator by the User for: (a) any unauthorized access or use by the User (b) assignment or transfer (or an attempt for the same) any rights granted to the User under this Agreement; (c) if the User has violated any terms and conditions stated in this Agreement; or (d) without cause, in case the Operator decides to do so.
Subsequent to termination of the agreement all rights, authorizations and/or access granted to the User in relation to the Website/ Mobile Application shall terminate and revert back to the Operator. Whereof any such termination/ cancellation of the agreement resulted due to violation of any/all provisions mentioned above. It shall not in any form or manner affect any right or relief to which Website/ Mobile Application/Operator are entitled to, at law or in equity. Any fee charged for access to the Website/ Mobile Application or the Operator is non-refundable for any reason and cannot be claimed by any mode/means.
This agreement is governed by Indian Jurisdiction only. Any dispute arising out of the use of Website/ Mobile Application or any relief sought thereon shall be adjudicated in accordance with the Indian Law and Courts in Mumbai and the User affirms to such exclusive jurisdiction. It is to be noted that the use of Website/ Mobile Application shall be considered invalid, if the enforceability, of the aforementioned terms and conditions, are restricted by the Indian Jurisdiction.
Last updated: 11th August, 2017