Terms and Conditions
By continuing to use this website and/or application (“the Platform”), you agree to be bound by the terms and conditions (“Terms”) set out below. Please read the Terms carefully. If you do not agree to the Terms in their entirety, please do not use or access the Platform. The Company through this Platform provides various technology services to its users and Associate Companies.
- Definitions
- “Associate Companies” shall mean Windmill Capital Private Limited, Anchorage Technologies Private Limited, Nexum Finvest Private Limited and Essential Investment Managers Private Limited.
- “Company” shall mean Smallcase Technologies Private Limited
- “Group” shall collectively mean the Company and Associate Companies.
- “Intellectual Property Rights” shall mean and include, without limitation, any patents, all current and future copyrights, trademarks, trade secrets, know-how, service marks, database right, inventions, patents, topographies, trade and business names, domain names, marks and devices (whether or not registered), design right, moral right or any other property rights (in each case, whether registered or not and including applications for registration, if any) that grant similar rights as the foregoing, anywhere in the world.
- “Services” shall mean the services provided by the Company and shall also include the services provided to the User by the Associate Companies or third parties on the Platform;
- "User" or "you" shall mean any person, who accesses, uses, installs, or views the Platform (even if you do not avail the Services provided);
- "User Data" shall mean any personal and/or sensitive data, information, user transaction data including but not limited to: Aadhaar number and personal information such as your name, address, date of birth, telephone number, gender, e-mail address, location, proof of identity, and other financial and credit information relating to you, including but not limited to bank details, account information and other details.
- Services
- The Company operates the Platform to enable the User to avail the Services. The User acknowledges that not all the Services on the Platform are provided by the Company and services may be provided by the Associate Companies or other third parties. The User shall, before availing such Services, read the terms and conditions and privacy policy of such Associate Company and/or third parties also (as applicable). The Company shall not be liable for any Service that is availed by the User from such Associate Company or third party.
- While you access the services, the Company will act on your express instructions, and any transactions carried out on your behalf shall be subject to your sole consent, discretion and responsibility;
- For enabling the Services, the Company/Associate company shall partner with corporate entities including but not limited to brokerage firms,Execution Only Platforms, investment advisors, research analysts that are registered with the Securities and Exchange Board of India (“SEBI”) and NBFCs/Banks that are registered with the Reserve Bank of India (“RBI”);
- In order to offer the Services to you, you may be required to create a user profile on the Platform and provide personal and financial information, including but not limited to name, email address, gender, date of birth, contact information, bank details and documents, PAN card, and other information including User Data. You acknowledge that providing such information is necessary for the use of the Services and agree that such information shall be accurate and complete, failing which the Company may cancel or refuse any part of the Services offered to you. You hereby grant your express authorisation to the Company to access, collect, store, and use such data for providing the Services;
- The Company is required to collect User Data, in accordance with the Company's Privacy Policy available for viewing here;
- You hereby acknowledge, agree and grant your express authorization to the company and Associate companies that the information shared by you on the platform or received by the Company and Associate companies from various intermediaries and third parties may be shared within the Company, Associate Companies and other third parties. The information pertaining to You, so shared within the Group, may be used by the Group companies to create your account / profile with such Group companies, in order to make new features or shared experiences and products available to You in a seamless manner and for such Group Companies to send communications to You
- You hereby acknowledge, agree and grant your express authorization to the company and associate companies to receive your investment, financial, personal and other data from different third parties and intermediaries to provide services on the platform
- You declare that you have read, understood and agree to the disclosures made here
- You agree that the records maintained by the Company in respect of the transactions effected using our Services shall be sufficient proof of such transactions;
- The Company/Associate company shall not be liable or responsible for any actual or threatened losses, damages, expenses, disputes or otherwise any claims made in respect of the use or misuse of the Services by you, and the Company/Associate company shall be entitled to cancel or refuse to offer the Services to you without any notice or obligation to provide reasons;
- The efficiency and confidentiality of the information provided by you shall always be subject to the software and hardware used by you, including the capability of your electronic device, internet connection, and such other specifications or features that may be relevant for or ancillary to accessing the Platform and availing the Services;
- By accessing the Platform, you agree to receive the communications (including investment, SIP and other updates), in relation to the Services, on WhatsApp;
- By accessing the Services through the Platform, you represent that (a) you are competent to contract with the Company and (b) you consent to these Terms;
- The availability of the Platform and the Services will be subject to any fixes or updates that the Company or the Associate Companies may find necessary to make, and you acknowledge that the Company or the Associate Companies shall not be liable in any manner whatsoever towards any damages, losses or other claims which may be threatened or incurred as a result;
- The Company may amend these Terms, the Privacy Policy or such other terms as it deems necessary from time to time, and you acknowledge and understand that your continued access to the Platform and use of the Services shall be subject to such terms as may be made applicable from time to time. You should periodically review these Terms and Privacy Policy for any latest amendments. Once posted, those changes are effective immediately unless stated otherwise. Continued access or use of the Services constitutes your acceptance of the changes and the amended Terms and Privacy Policy. However, if you do not agree with the changes, please do not continue to use the Services or submit Information to us.
- Services offered by the Associate Companies on the Platform
- Windmill Capital Private Limited (“WCPL”)
- WCPL is a SEBI-registered research analyst that provides portfolio research services
- Essential Investment Managers Private Limited (“EIMPL”)
- EIMPL is a SEBI-registered non-individual investment advisor. EIMPL does not provide any advisory services on the Platform.
- EIMPL provides non-advisory services on the Platform through partnerships with various RBI-registered NBFCs/Banks (“Lenders”), enabling you to avail credit facilities from the Lenders, via a separately identifiable department which works at an arm’s length from the advisory department of EIMPL
- You declare that you have read, understood and agree to the disclosures made by EIMPL here
- EIMPL has associated with Bajaj Finance Limited to enable you to avail loan against securities, offering interest rates ranging between 10% to 16% per annum
- EIMPL will share the data, details & documents provided by you or collected on the platform with Bajaj Finance Limited in order to facilitate credit facilities
- The required data, details & documents referred above will be shared with Bajaj Finance Limited/other partner Lenders only if and when you submit an application for availing the credit facility
- EIMPL has associated with Aditya Birla Finance Limited to enable you to avail certain types of credit facility(ies)
- EIMPL will share the data, details & documents provided by you or collected on the platform for availing such credit facility(ies) with Aditya Birla Finance Limited
- You consent that Aditya Birla Finance Limited can conduct your background/credit check/verification to determine whether to extend you the said credit facility(ies)
- You understand that there are risks associated with borrowings for the purpose of investing in capital markets. We strongly urge you to refrain from investing the borrowed funds in capital markets.
For any grievances related to the Services provided on the platform, kindly reach out to the grievance officer, Mr Vasanth Kamath using help@smallcase.com
- Windmill Capital Private Limited (“WCPL”)
- Services related to smallcase subscriptions
- The Platform enables Users to subscribe to investment products offered by SEBI registered intermediaries such as Investment Advisers and Research Analysts (Managers), hosted on the Platform. The investment products are a basket of stocks, exchange-traded funds, REITs, mutual funds and other domestic and global securities (referred to as smallcases), created and managed by the Managers.
- The Users can subscribe to smallcases by choosing from the pricing plans offered by the respective Manager. The payment of fees happens from the User to the Manager through an authorized payment mechanism. Once subscribed, the User has the option to cancel the subscription
- The Users must note that the refunds of fees are at the discretion of the concerned Manager and are governed by the terms of services between the Manager and the User.
- Auto renewal of subscriptions: There are various subscription plans which are auto-renewed. The details of such renewal are made available to the user during the subscription process. Cancellation of these plans are also governed by the terms above.
- The Users can further refer to the Help and Support Section for details and queries related to smallcase subscriptions
- Services relating to Mutual Fund Transactions
- The Company is registered with the Association of Mutual Funds of India (“AMFI”) as a Category-1 Execution Only Platform (bearing registration number CAT-1 EOP-0004). The Company facilitates transactions in direct plans of mutual fund schemes, for asset management companies (“AMCs”) that have partnered with the Company, through its mutual fund investment platform (“MF Platform”).
- By availing the above services, you agree that in addition to the Terms of the Platform, you have read, understood, acknowledged, and accepted the terms & conditions pertaining to the MF Platform that can be accessed below (“EOP T&Cs”):
- The EOP T&Cs govern the access and use of the MF Platform. We reserve the right to update these EOP T&Cs from time to time. Please ensure that You read these EOP T&Cs periodically to stay updated on the same. These EOP T&Cs are in addition to the Terms, the privacy policy available for viewing here (“Privacy Policy”) and the disclosure document available for viewing here(“Disclosures”). To the extent the applicable Terms and Privacy Policy are inconsistent with these EOP T&Cs, the provisions of these EOP T&Cs shall prevail with respect to the MF Platform only.
- In these EOP T&Cs, wherever the context so requires,‘You’ or ‘Your’ or ‘User’ shall mean any person who intends to avail of the services offered on the MF Platform. Further, wherever the context so requires,‘We’, or ‘Us’ shall mean the Company. The Company, as a registered Category-1 Execution Only Platform provides the Services (as defined below) acting as an agent on behalf of the AMCs the Company has partnered with from time to time.
- This document is an electronic record in the form of an electronic contract by and between You and Us in terms of the Information Technology Act, 2000 (“IT Act”), the rules made thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical, electronic or digital signatures. These EOP T&Cs, the Terms, the Privacy Policy, the Disclosures and any other applicable policies (“Policies”) are published in accordance with Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which requires the publication of rules and regulations, privacy policy and user agreement for access or usage of our MF Platform.
- Acceptance of the terms and conditions
- Please read these EOP T&Cs fully before using, signing up on the MF Platform or accessing any material, information, content or availing Services (as defined below) through the MF Platform. These EOP T&Cs set forth a legally binding contract between You and Us. By using the MF Platform, You agree to be bound by these EOP T&Cs, the Terms, the Privacy Policy and the Disclosures. Even if You only visit the MF Platform or review any of the Services provided by Us, You will be bound by these EOP T&Cs, the Terms, the Privacy Policy and the Disclosures. If You do not accept these EOP T&Cs, the Terms, the Privacy Policy and the Disclosures, You must not access or use the MF Platform. These EOP T&Cs, the Terms, the Privacy Policy and the Disclosures, are in addition to, and not in derogation of, the applicable Securities and Exchange Board of India (“SEBI”) and/or the AMFI rules, regulations, circulars and guidelines, as may be issued from time to time. In the event of any inconsistency, the SEBI and/or AMFI rules, regulations, circulars and guidelines shall prevail over these EOP T&Cs, the Terms, the Privacy Policy and the Disclosures, with respect to the MF Platform only.
- For accessing and using the MF Platform, You agree to: Provide true, accurate, current and complete information about yourself as prompted for on the MF Platform; and Maintain and promptly update Your information to keep it true, accurate, current and complete.
- Provide true, accurate, current and complete information about yourself as prompted for on the MF Platform; and
- Maintain and promptly update Your information to keep it true, accurate, current and complete.
- We will collect and store information such as name, contact information, etc. Based on the information provided by You to Us, You may be provided with a login identification. You are solely responsible for all activities that occur under Your login identification and must notify Us immediately of any unauthorized use or other security breach relating to Your login identification.
- You shall not host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person and to which you do have any right of use.
- If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate or freeze Your access to the MF Platform (or any portion thereof), at any time without notice.
- We reserve the right to freeze or terminate Your designated investment account on the MF Platform to comply with applicable laws or follow the order of a court/tribunal of competent jurisdiction or directions/orders of any regulatory body or government authority.
- For information about our Policies and practices regarding the collection and use of Your personal information, please read the Privacy Policy. It is clarified by Us and agreed and acknowledged by You that in the event of any breach or non-compliance by You with the Privacy Policy, We may take any action under these EOP T&Cs or any applicable laws.
- By downloading, installing, or otherwise accessing or using the MF Platform or Services (whether in whole or in part), You acknowledge that You have read, understood, and agree to be bound by these EOP T&Cs. By agreeing to these EOP T&Cs, You represent and warrant that You are at least the age of majority in Your state/province/country of permanent residence and/or nationality and are competent to enter into a binding contract. You also represent and warrant to Us that You will use the MF Platform in a manner consistent with any and all applicable laws, and/or that you have not been barred, suspended or removed by Us for any reason whatsoever.
- Upon Your consent to these EOP T&Cs and other Policies, We hereby grant You a limited, personal, revocable, non-assignable, non-transferable and non-exclusive license to use Our Services. This license is for the sole purpose of enabling You to use the Services in the manner expressly permitted by these EOP T&Cs and other Policies.
- Mutual Fund Execution Services
- Services
- The MF Platform will allow You to invest in, and manage Your investments in direct plans of mutual fund schemes(“Services”). Using the MF Platform, You will be able to independently review and analyse various mutual fund schemes and invest in those schemes. From time to time, the MF Platform may allow You to invest in other investment products. We provide the Services on the MF Platform in our capacity as a duly registered Category-1 Execution Only Platform. It is clarified further that the Services provided by Us on the MF Platform do not, in any manner, constitute investment advice (as defined under the Securities Exchange Board of India (Investment Advisers) Regulations 2013) (“SEBI IA Regulations”), or research reports, recommendations or solicitations to buy/sell/hold units of any mutual fund scheme, under the Securities Exchange Board of India (Research Analysts) Regulations, 2014 (“SEBI RA Regulations”).
- We may provide, for informational purposes only, the terms and conditions pertaining to mutual fund schemes, the scheme information document of the respective schemes, key information memorandum, such declarations, undertakings, risk factors and disclaimers as contained in the scheme information document and all changes thereto (“Scheme Related Documents”)as informed by the concerned AMC from time to time, subject to which investments/transactions by You may be accepted, on the MF Platform. To review the Scheme Related Documents, please visit the websites of the relevant AMCs that offer the scheme(s). Further, You may be required to provide certain declarations, undertakings, documents and information as may be required or prescribed from time to time in respect of all transactions.
- On the MF Platform, for informational purposes only, We may provide information related to different mutual fund schemes, that may be sourced from third-party entities. No representation is made as to the accuracy or completeness of any such information related to different mutual fund schemes.
- It is expressly clarified that We only provide a technology platform for You through the MF Platform and the Company’s Platform to invest in direct plans of mutual fund schemes. We only facilitate the implementation of the investment instructions initiated by You on the MF Platform and any investment in a mutual fund scheme will be a contract directly between You and the issuer of the mutual fund units. Further, the information highlighted in Clause 5.1.3 are for informational purposes only and should not be construed as investment advice as defined under the SEBI IA Regulations or tax advice or research reports or recommendations or solicitation to buy/ sell/ hold units of any mutual fund scheme, under the SEBI RA Regulations. Further, we will assist You in facilitating non-financial transactions including change of email ID, contact number, bank account details, etc, in relation to Your mutual fund investments. Please email us at eophelpdesk@smallcase.com for such requests.
- Before making any investments in units of mutual fund schemes, You must independently determine the suitability of investing in such mutual fund schemes, based on Your risk appetite and goals. All mutual fund investments are subject to market risks. Please read all Scheme Related Documents carefully before investing. The past performance of any mutual fund scheme is not indicative of its future performance. We advise You to take appropriate professional advice from duly registered and qualified investment advisors, before making any investment decisions. You shall take full responsibility for the outcomes of all of Your investment decisions, including losses if any incurred by You. You acknowledge that We shall not be responsible or liable for any direct, indirect, incidental, consequential, special, punitive or any other damages arising out of Your investments in units of mutual fund schemes.
- All interactions, communication, dealings and transactions between You and the concerned AMC will be separate and independent dealings/transactions between only You and the concerned AMC. We are not responsible for any dispute arising between You and the concerned AMC.
- You authorise Us to implement all mutual fund transactions based on the instructions given by you (“Transaction Instructions”). On initiating a Transaction Instruction, You agree to be contacted by Us or by the third party entity enabling the processing of such transaction. For completion of the transaction, You authorise Us to communicate and receive relevant information (including personal and investment information) in respect of Your transaction with relevant third party entities and their service providers including, but not limited to, AMCs / registrar and transfer agents(“RTAs”) / KYC registration agencies (“KRAs”) / payment aggregators (“PAs”). Please note that We may not have any control over how the information is used by such third-party entities and their service providers, and usage of such information will be as per their respective policies.
- For the provision of the Services, We may avail the services/products of third-party entities (including Our associate/affiliate companies) and You hereby agree, acknowledge and grant Your consent to Us to collect and share any information and other personal details, as may have been disclosed by You, to third party entities engaged by Us. The use and operation of any integrated services from such third-party entities such as mutual fund transaction platform, investing, data aggregation, processing, etc. will be additionally governed by the relevant service terms and contracts of the respective third-party entities. We shall not be liable for any penalties, loss or damage which is incurred by You directly or indirectly due to the negligence or actions of any third-party entity.
- You hereby acknowledge and agree that We shall not be liable for any fault, failure or delay on the part of the third-party entities (including AMC(s), RTAs, Payment Service Providers or any other external service providers appointed by AMCs) including, but not limited to, failure or delay of allotment of units of mutual fund schemes or any such deficiency/non-delivery of services. The concerned third-party entity shall be solely liable to You for any such failure and/or delay.
- Access to the MF Platform is provided to You on an ‘as is’ basis. We do not make any representations or warranties as to the operation of the MF Platform and We do not guarantee that Your access to the MF Platform will be uninterrupted or error-free or free from viruses. You acknowledge that We shall not be responsible or liable for any direct, indirect, incidental, consequential, special, punitive or any other damages (including loss of profit, loss or corruption of data, work stoppage, system malfunction) arising out of the use of the MF Platform.
- All information provided by You to Us will be utilised in the manner outlined in the Privacy Policy.
- You hereby undertake and confirm that before investing in mutual fund schemes, You will read and understand the contents of the scheme information document(s) and addendum(s) thereto of the concerned mutual fund scheme(s), and agree to abide by the terms, conditions, rules and regulations related to and governing the concerned mutual schemes and thereafter apply for investment in units of the same. You shall not make any investments in mutual fund schemes based on receiving or being induced, directly or indirectly, by any rebate or gifts. If You make any investments in mutual fund schemes, it will imply that You read and understood the Scheme Related Documents of the concerned AMC before making the investment.
- You hereby declare and confirm that any amount that will be invested by You in any mutual fund scheme will legally belong to You and will be derived through legitimate sources only. You declare and confirm that such investments in mutual fund schemes will not be held or designed for the purpose of contravention of any laws, act, rules, regulations, notifications, directives of the provisions of the Income Tax Act, 1961, the extant anti money laundering laws, anti-corruption laws or any other applicable statute, legislation, laws enacted by any governmental or statutory authority in India from time to time.
- You hereby acknowledge and confirm that in the event the Know Your Customer (“KYC”) process is not completed by You to the satisfaction of the concerned AMC, You permit and authorise the AMC to redeem the funds invested by You in the concerned mutual fund scheme in favour of the applicant, at the applicable NAV prevailing on the date of such redemption and undertake such other action with such funds that may be required under the applicable laws.
- You hereby undertake and confirm that You are a Resident in India and are not classified as a Non-Resident Indian. Further, You hereby undertake and confirm that You are not a resident of USA/Canada.
- You hereby undertake and confirm that the details provided by You shall be true, accurate and correct.
- KYC terms for MF Platform and Mutual Funds
- KYC Verification and User Onboarding onto the MF Platform
- It is expressly clarified that only persons who are in compliance with the KYC requirements as specified by the regulatory authorities such as SEBI/AMFI, AMCs, and RTAs from time to time, will be allowed to be on boarded onto the MF Platform and avail the Services provided therein.
- You expressly provide Your consent for providing such information/documentation as may be required to complete Your KYC verification process. The KYC verification process may be revised from time to time based on the applicable laws and regulations and You may be called upon to provide additional information/documentation from time to time. You acknowledge and authorise Us to check the status of Your KYC information/documentation with the KRAs. To onboard you onto the MF Platform and/or enable transactions, You may be required to submit to Us information including Your, i) full name, ii) date of birth, iii) PAN, iv) KYC details and v) bank account details.
- You expressly provide Your consent to allow Us to utilize Your KYC information for sending it to the concerned AMC(s) (or their authorised vendors) for the purpose of validation and to comply with the legal and regulatory requirements. You further agree that the issuers of units of mutual fund schemes will be entitled to carry out further checks or enquiries to validate the authenticity of any Transaction Instruction(s) initiated by and/ or to approve /reject/ disallow the same. You hereby accept that for any transactions that are submitted offline i.e. with wet signatures, the signature available in Your KYC records would be used for signature verification. You agree and understand that You shall be solely liable to inform the AMC(s) in case of any change in Your KYC information including change in signature and in the event of Your signature not being updated, available or legible in KYC records, AMC(s) would be within their right to carry out further checks to validate the authenticity of the request or reject any such offline request based on existing KYC information.
- If You are not KYC compliant, on the MF Platform, We will provide links to the websites of the concerned AMCs or authorized technology service providers of such AMCs, where You can complete Your KYC process.
- KYC Verification and User Onboarding onto the MF Platform
- Mutual Fund Know Your Customer Terms
- These terms govern the access and use of the ‘Mutual Fund Know Your Customer Terms’ (“MF KYC Terms”) provided on the MF Platform. Please read these MF KYC Terms carefully before accepting. By accepting the MF KYC Terms, You agree that You have read, understood, acknowledged and accepted these MF KYC Terms and are bound by MF KYC Terms.
- These MF KYC Terms are in addition to the Terms and the Privacy Policy You agreed to at the time of using the MF Platform. To the extent the agreed Terms and Privacy Policy are inconsistent with these MF KYC Terms, the MF KYC Terms shall prevail with respect to the Services only.
- You understand that the Services provided by the Company and the AMCs shall be in accordance with their own respective internal processes and policies and the Company and/ or the AMC(s) shall have the right, at its sole discretion, to deny the provision of such Service to you.
- By availing the Services, You understand and acknowledge that You shall also abide by the concerned AMC's privacy policy, and shall provide all information as requested by the AMC in order to provide you the Services.
- You undertake that You shall be solely responsible for the information provided by You, and in no event shall the Company or any AMC will be held liable for any damage or loss suffered by You due to your failure to provide the correct and accurate information.
- You undertake and agree to indemnify and keep indemnified the Company and the AMC(s) and their respective agents, directors, employees and officers (“Indemnified Parties”) from and against all actions, demands, losses, actions, costs and expenses whatsoever which the Indemnified Parties may at any time incur, sustain or be put to as a consequence of or by reason of or arising out of providing any service or due to negligence/mistake on your part or non-compliance by You of any of the clauses of the EOP T&Cs, Terms, MF KYC Terms, Privacy Policy or the AMCs' privacy policy or by reason of the Indemnified Parties in good faith taking or refusing to take action on any instruction given by You.
- The AMC and/ or the Company (as applicable) may disclose the information of Your KYC if required or permitted by any applicable law, rule or regulations or at the request of any public or regulatory authority or if such disclosure is required for the purposes of preventing fraud, without requiring your specific consent.
- These MF KYC Terms shall be governed by and construed in accordance with the laws of India.
- You hereby acknowledge and allow the Company to utilize Your KYC information such as identity (name, PAN, age etc.), address and signature for sending it to concerned AMCs for the purpose of validation and to comply with the legal and regulatory requirements. You hereby accept that for any transactions that are submitted offline i.e. with wet signatures, the signature available in Your KYC records will be used for signature verification and in the event of such signature not being available or legible, the concerned AMC would be within its rights to carry out further checks to validate the authenticity of the request including the rejection of such request made by You.
- Change in Privacy Policy: AMC(s) reserve their right to revise their privacy policy at any time without the requirement to notify You of such revision. Such revised privacy policy shall then be binding on You.
- Disclaimer: AMC(s) may, at its sole discretion, utilize the services of external service provider/s or agent/s and on such terms as required or necessary, in relation to the Service as provided to you.
- Process Flow for Investing in Mutual Fund Schemes
- On being successfully onboarded onto the MF Platform, You will be able to make investments in units of mutual fund scheme issued by various mutual funds as available on the MF Platform, under the direct plans only. However, You understand and acknowledge that the transactions, in relation to the new fund offers, are currently not facilitated on the MF Platform.
- You authorise Us and Our associate/affiliate companies/partner banks/any other third parties to the extent required by Us to provide the Services, to facilitate the execution of debit/credit transactions on Your behalf in relation to Your investments. You hereby agree, acknowledge, and grant Your explicit consent to Us and/or MF Platform and their affiliates to contact You by phone, SMS, WhatsApp and/or email for any queries or updates regarding Your investments.
- After You decide the amount You want to invest in a mutual fund scheme, You can choose to debit funds from Your bank account through the legally permissible modes of transfer of funds in India.
- Post receipt of Your Transaction Instruction(s), the same will be processed at the earliest. The Transaction Instruction(s) once placed cannot be cancelled or reversed and can only be redeemed with the NAV applicable as per the redemption date. The respective AMC shall credit the redeemed amount directly into Your bank account as per the transaction documents.
- Notwithstanding anything contained under these EOP T&Cs, all execution of the Transaction Instruction(s) is processed on a ‘best effort basis’ by Us. Although We endeavour to process Your Transaction Instruction(s) on the same day subject to the market cut-off time and internal policies, You acknowledge that due to any technical or other reasons/errors, the transaction may not be completed on the same day leading to change in the NAV price of the units of the mutual fund scheme. You understand and agree to not hold Us liable for any losses suffered by You on account of such delay in processing the transaction. We will on priority address such issues and process such transactions on a best effort basis, on the next business day. The said process will also be applicable in the event of the redemption of units of mutual fund schemes.
- We will execute Your Transaction Instruction(s) with regard to the purchase or redemption of the units of the mutual fund scheme with the concerned AMC. We will forward Your Transaction Instruction(s) to the respective AMC, electronically or otherwise, pursuant to which the respective AMC will process the transaction(s).
- We may not offer all mutual fund schemes for investment as available in the securities market. By limiting the number of schemes on the MF Platform, We do not make any representation, guarantees or warranties (expressed or implied) as to the quality or nature of any AMC or mutual fund scheme. With respect to mutual fund schemes, We do not in any manner:
- Guarantee payments on any units;
- Guarantee liquidity of any units;
- Make any offer to buy back any units;
- Guarantee the redemption or repayment of any units on maturity;
- Guarantee the payments of interest or dividend; and/or
- Promise, indicate or guarantee any returns.
- If according to You there is any discrepancy in the particulars or details of Your transaction(s) or statement of account(s), then You shall be obliged to intimate the same to Us in writing within 10 (ten) days of receiving notice thereof, failing which such transaction(s), statement(s) or account(s) (as the case may be) shall be deemed to be correct and accepted by You and We will not be entitled to question the correctness or accuracy thereof.
- You agree to opt for one of the two options available on the MF Platform to register a nominee or opt-out from the nomination for Your mutual fund folios. Nomination opt-in and opt-out shall be executed in the manner as prescribed by SEBI from time to time. You further understand and provide your informed and explicit consent to the Company to use the same nominee as registered through e-signature for all the folios held by You on the MF Platform.
- Services
- Fee and Commercials
- Currently, the Services are being made available without any charge by Us to You, and the transaction fees and other charges (if any) are paid to Us by the AMCs We partner with from time to time. You acknowledge that, in accordance with and as permitted under the applicable laws from time to time, We reserve the right to change the fee and charges structure in the future for the Services or any other services offered by Us. Further, the AMCs collect the statutory charges by applying expense ratio directly in accordance with the Scheme Related Documents pertaining to respective schemes as made available for transactions on the MF Platform.
- Privacy and Data Protection
- We shall use Your data for providing the Services to You and in accordance with the Privacy Policy, subject to SEBI and/or AMFI rules, regulations, circulars and guidelines issued from time to time.
- You hereby acknowledge, agree and provide Your explicit consent to share Your data with Us and our associate/affiliate companies/partner banks/any other third parties to the extent required by Us to provide the Services, enhance the user experience, build insights, analyse data for the introduction of new services and features, and as may be required to comply with any regulatory and legal requirements.
- You hereby acknowledge, agree and provide Your explicit consent/authorization to Us and our associate/affiliate companies that the information shared by You on the MF Platform or received by Us and/or our associate/affiliate companies from various intermediaries and third parties may be shared within the Company, our associate/affiliate companies and other third parties. The information pertaining to You, so shared within our group companies, may be used by our group companies to create Your account / profile with such group companies, in order to make new features or shared experiences and products/services available to You in a seamless manner and for such group companies to send communications to You.
- The Company may use the unique identifier of Your device for security purposes to track suspicious activity and for enabling certain features. For instance, if We detect that Your account is being accessed from multiple devices, We may contact You to ensure that You have authorised such access.
- You hereby acknowledge, agree and provide Your explicit consent to Us and our associate/affiliate companies to receive Your data including Your investment, financial, personal data from different third parties and intermediaries to provide Services on the MF Platform.
- For any data as well as consent that you may have provided and want to be deleted or revoked (fully or partially), please send an email at help@smallcase.com stating the details of the data and/or consent provided and the scope/nature of the deletion/revocation desired. However, in the event You withdraw such consent or make a request to delete Your data, You will not be able to use the Services on the MF Platform.
- Preservation/Disclosure
- You acknowledge, consent and agree that We may access, preserve and disclose Your designated investment account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- Enforce these EOP T&Cs;
- Comply with legal process nationally or internationally;
- Respond to claims that any of Your content violates the rights of third parties;
- Protect the rights, property or personal safety of the Company, their users and the public;
- Ensure compliance with the terms of the Privacy Policy; and / or
- Provide the Services or other services from time to time.
- You acknowledge, consent and agree that We may access, preserve and disclose Your designated investment account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- Links to Third Parties
- You acknowledge that third-party links on Our MF Platform may direct You to third-party sites or pages or applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites or pages or applications, and We do not warrant and will not have any liability or responsibility for any third-party materials or websites or pages or applications, or for any other data, information, products or services of any third-parties.
- We may provide You with access to third-party tools which We neither monitor nor have any control over. You acknowledge and agree that We provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of such optional third-party tools. Any use by You of the optional third-party tools offered through the MF Platform is entirely at Your own risk and discretion, and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- Security Components
- You understand that the MF Platform and software embodied within the MF Platform may include security components that permit digital materials to be protected, and that use of these digital materials is subject to usage rules set by the Company. You shall not attempt to reverse engineer, override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the MF Platform.
- Your Content in the Company's Services
- The Services offered by Us allow You to upload, submit, store, send or receive content. When You upload, submit, store, publish, send or receive content to or through our Services, You provide us with Your consent to utilise such content, including for our present and future marketing purposes, subject to the Privacy Policy.
- Such content must not:
- Be harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful or racially or ethnically objectionable, disparaging, and relating to, or encouraging money laundering or gambling.
- In violation of any applicable law or regulation.
- Harm minors in any way.
- Infringe any patent, trademark, copyright or other intellectual property or rights proprietary rights of others or violate the privacy, publicity or other personal rights of others.
- Deceive or mislead the reader about the origin of such messages or communicate any information that is grossly offensive or menacing in nature.
- Contain software viruses or any other programs designed to interrupt, destroy or limit the functionality of another computer or mobile device.
- Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order.
- Cause the incitement to commit any offence or prevent the investigation of any offence.
- Be insulting to any other nation.
- Impersonate another person.
- Violate the provisions of the IT Act and rules and regulations thereunder or any other applicable laws from time to time.
- Intellectual Property Right
- You acknowledge and agree that all content on the MF Platform (including but not limited to software, text, images, graphics, audio and video) constitutes Our exclusive property, and We, or our licensors, own all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (“Protected Material”), except any third-party content.
- You shall not copy, modify, reproduce, republish, transmit, post, distribute, use or appropriate the Protected Material in any form without Our prior written permission. Unauthorized use of the Protected Material may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties under applicable laws.
- You agree that without our express authorization in writing, You shall not use any trademark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- Subject to Our Privacy Policy, all information derived as a result of the Services provided on the MF Platform shall be owned by Us, and We shall have the right to utilize such information in a manner We deem fit. You further acknowledge that our Services may contain information which is designated as confidential by Us and that You shall not disclose any such information without prior written consent.
- Confidentiality
- We shall maintain the confidentiality of Your personal information as per the Privacy Policy. We and/or our affiliates recognize and acknowledge the value and importance of the protection of Your information. We and our affiliates shall exercise the same standard of care to protect Your information that We exercise in protecting our own information.
- You acknowledge that We and/or our affiliates may be required to share Your information with a third party, under contractual obligations with Us, in order to provide one or more of our Services. Such third parties are under contractual obligations to protect the confidentiality of Your information and to use it only to provide the Services to the extent as required under the agreement with Us and /or our affiliates.
- Modification of terms
- The EOP T&Cs, the Terms, the Privacy Policy, Disclosures and any other Policy may be modified, at any time, at our sole discretion without any prior intimation to You. The revised/modified version of the same shall be posted on the MF Platform section of the Platform. It is Your responsibility to review the same on a regular basis. By accessing and continuing to use the MF Platform, it is deemed that You have understood and agreed to the revised version of the EOP T&Cs, Terms, Privacy Policy, Disclosures and any other Policy on the MF Platform. Further, the Services and features provided by Us may be subject to change at our discretion, and We do not require Your consent for the same nor shall We be liable to You for any such change.
- Termination
- You agree that We may, at any time and for any reason, terminate, restrict or suspend Your access to the MF Platform or its Services and block Your future access to the MF Platform and Services, or part thereof, with or without prior notice and without any liability, if We determine that You have violated the terms and conditions of these EOP T&Cs or other Policies. These remedies are in addition to any other remedies which We may have under law or in equity.
- If there is a suspicion of untoward or illegal activity, fraud whether suspected or otherwise, We may suspend Your designated investment account immediately. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. Upon termination for any reason, You agree to immediately stop using our Services.
- In addition, We may, at any time, with or without notice, terminate these EOP T&Cs with You if:
- We are required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- The provision of the Services to You by Us is, in Our sole and absolute discretion, no longer commercially viable;
- We elect to discontinue, with or without reason, providing Our Services (or any part thereof);
- In the event We face any unexpected technical issues or problems that prevent the MF Platform and/or Services from working; or
- You assign or transfer (or attempt the same) any rights and/or obligations granted to You under these EOP T&Cs.
- Termination of Your designated investment account may include:
- Removal of access to all offerings within the MF Platform or with respect to the Services;
- Disabling access to the account information, including Your personal information, login ID and password, and all related information, files and materials associated with Your account (or any part thereof), and any user content uploaded by you; and
- Prohibiting further use of the Services.
- You agree that termination shall be made at Our sole and absolute discretion and We shall not be liable to You or any third party for any termination of Your account (and accompanying deletion of Your account information), or Your access to the MF Platform and Services.
- Upon termination of these EOP T&Cs, all rights granted to You will terminate and revert to us. Regardless of the reasons for termination of these EOP T&Cs, the fee charged, if any, for access to the Services is non-refundable.
- The provisions regarding Limitation of Liability, Indemnification and Intellectual Property Rights shall survive such termination.
- Limitation of liability and damages
- We do not guarantee, represent or warrant in any manner that Your use of Our Services will be uninterrupted, timely, secure or error-free, on account of telecommunication interruptions or other disruptions. We also do not warrant that the MF Platform and its servers are free of computer viruses or other harmful mechanisms. If Your use of the MF Platform or content therein results in the need for servicing or replacing Your computer, mobile or other equipment or data, We are not responsible for any such costs.
- We shall not be liable for any damage to Your computer, mobile or other equipment or for loss of data that may result from the download of any content, material, and information from the MF Platform or use of any software, systems, functionality, or other services on the MF Platform. We shall also not be liable under any circumstances for damages arising out of or related in any way to Your inability to access, or Your difficulty in accessing the MF Platform due to any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the MF Platform by any third party, any loss of Your data, any claim relating to Your data or content from the Services.
- We may have a presence on social networking websites/applications including, but not limited to, LinkedIn, X, and YouTube, which may be used to connect to a larger group of people. We shall not be liable in any way for any content (including, but not limited to, inaccurate, false, erroneous, incomplete, threatening, defamatory, obscene, offensive, infringing, illegal content) posted by third-party users, or for any loss or damage of any kind incurred as a result of the use of any content on Our MF Platform or Our social networking websites/applications. Further, We shall not be liable for any unlawful acts (including, but not limited to, posting of non-public information in violation of applicable laws such as SEBI (Prohibition of Insider Trading) Regulations, 2015, misuse of any data, unfair trade practices, fraud, or cyber-crimes) committed by You or Your affiliates, relatives, employees, agents or contractors. In the event You post such information or content that You know, or reasonably should know, cannot be legally distributed on Our MF Platform, or Our social networking websites/applications, You will be subject to legal action and held liable to the appropriate authorities under the applicable laws.
- You hereby acknowledge that We, Our owners, officers, directors, consultants, contributors, advertisers, affiliates, partners, employees, group companies, agents, representatives or subcontractors and/or any other associated entities or persons, (collectively referred to as “Associated Entities”) make no representations or warranties, express or implied, with respect to any content, information, features, software, data, system, functionality, statements and Services contained on this Platform for their accuracy, completeness, timeliness or otherwise. They are all provided on an “as is” and “as available” basis. We and/or Our Associated Entities hereby disclaim all warranties and conditions with regard to these content, information, features, software, data, system, functionality, statements and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability. You understand and accept that the reliance on Our Services is solely at Your own judgment and risk.
- You agree that, from time to time, We may suspend, modify, restrict or remove Our Services for uncertain or indefinite periods of time or cancel the Services at any time, without notice to you.
- We and/or Our Associated Entities shall, in no event, be liable to You for any direct, indirect, punitive, incidental, special, exemplary or consequential damages, which may be incurred by You, or hold You harmless for any claims and/or loss arising out of, or in any way connected with, the use of this MF Platform, or for any consequences arising out of information submitted by you, or on account of Your inability to use this MF Platform, or for any content, information, features, software, data, system, functionality, statements and Services obtained through this MF Platform, or otherwise arising out of the use of this MF Platform, whether based on contract, tort, strict liability or otherwise.
- We and/or Our Associated Entities shall, in no event (including technical failures), be liable to You for any financial damages arising out of using this MF Platform.
- We and/or Our Associated Entities shall in no event be liable to You for any delay or failure by the concerned AMC in relation to the Service as provided to you.
- Indemnification
- You agree to defend, indemnify and hold harmless, Us and Our Associated Entities, from and against any and all claims, damages, obligations, losses, liabilities, costs and/or expenses (including, but not limited to, attorneys&rquo; fees and costs) arising from:
- Your use of and access to the MF Platform and the Platform;
- Your violation of any of the clauses of these EOP T&Cs, the Privacy Policy and other applicable Policies;
- Your violation of any third party right(s), including without limitation any copyright, property, or privacy right; and
- Any third-party actions relating to the access/use of the MF Platform or Our Services on Your behalf, whether authorized or unauthorized; and/or
- Your violation of any applicable law(s).
- You agree to defend, indemnify and hold harmless, Us and Our Associated Entities, from and against any and all claims, damages, obligations, losses, liabilities, costs and/or expenses (including, but not limited to, attorneys&rquo; fees and costs) arising from:
- Disclaimers / No Warranties
- You understand and expressly agree that Your use of the Services is at Your sole risk and that the Services are provided to You on an “as is” and “as available” basis.
- Any material downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or other device(s) or loss of data that results from the download of any such material.
- We and/or Our Associated Entities do not represent or warrant to You that:
- The information on the MF Platform is accurate, complete and updated;
- Your use of the Services will meet Your requirements;
- Your use of the Services will be uninterrupted, timely, secure or free from error;
- Any information obtained by You as a result of Your use of the Services will be accurate or reliable; and
- That defects in the operation or functionality of any software provided to You as part of the Services will be corrected.
- We shall not be liable for any damages of any kind arising from the use of the MF Platform or the Services or the contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing.
- We may provide various tools or analysis on the MF Platform. Any output of such tools/analysis is only for informational purposes and should not be construed as investment advice as defined under the SEBI IA Regulations or tax advice or a recommendation or solicitation to buy/ sell/ hold units of any mutual fund scheme under the SEBI RA Regulations. Information provided on the MF Platform is on a best-effort basis and should not be regarded as verified by Us for accuracy or completeness. We and/or Our Associated Entities do not guarantee any specific performance/returns and provide no guarantee to Users of, and do not assure Users of, any fixed returns, or a return on investment at all or even a return of their principal investment. You should independently take Your own investment decision to execute any transaction based on Your risk profile, investment objective, financial status, etc. We assume no responsibility for the accuracy or otherwise of the output.
- Investments in securities are subject to various risks including market-related risks. Users must read and understand all investment-related documents carefully before making a decision to invest. We advise our Users to obtain expert professional advice with regard to specific legal, tax and financial implications of any potential investment decision before investing.
- We make no express or implied warranty with respect to the MF Platform or any service provided hereunder including, without limitation, any warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose.
- Communications
- When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us electronically, and You consent to receiving communications electronically from Us periodically, and as and when required.
- We will communicate with You by email or by notices on the MF Platform or electronic records on the MF Platform or on Your mobile number available in Our records which will be deemed adequate service of notice. If the document/communication is sent by email, it shall be deemed to have been duly communicated and delivered to You. In addition, We may (but shall not be bound to) also publish notices of general nature which are applicable to You on the MF Platform. Such notices shall have the same effect as a notice served individually to You. You may give notice to Us, in writing/delivering by hand/email/post/other electronic means, at the address/email ID mentioned on the MF Platform.
- Further, You hereby authorize and give consent to Us and Our third-party service providers, to send you, from time to time, various information, alerts, SMS, messages, calls or commercial communications, and other such communications on Your registered mobile number, whether or not Your number is registered with National Do Not Call Registry, or listed in National Customer Preference Register. You also confirm that You are consenting to receive such communications, and You will not hold Us or Our third-party service providers liable, or institute any complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time.
- Waiver
- The failure by Us to insist upon strict performance of any provision of these EOP T&Cs shall in no way constitute a waiver of rights under these EOP T&Cs.
- Severability
- If any term, provision, covenant or condition of these EOP T&Cs (or any portion thereof) is determined to be void, invalid, illegal or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions of these EOP T&Cs shall not in any way be affected or impaired in any manner by such determination and shall remain binding upon both the Users and Us.
- Survival
- Notwithstanding the termination or rescission of these EOP T&Cs, the provisions of these EOP T&Cs shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, Intellectual Property Rights, Confidentiality, Limitation of Liability and Damages, Indemnification, Disclaimers/No Warranties, Dispute Resolution, Governing Law and Jurisdiction. Further, any provisions of these EOP T&Cs which by implication are to survive the termination of these EOP T&Cs shall survive such termination. Termination of these EOP T&Cs shall not abate the causes of action that have accrued to the parties prior to such termination.
- Entire Agreement
- These EOP T&Cs constitute the entire agreement between You and Us relating to the subject matter hereof, and no other agreement, either written or oral, exists between us. These EOP T&Cs will not be modified except by a change to these EOP T&Cs made by the Us in accordance with these EOP T&Cs.
- These EOP T&Cs together with the Terms, Privacy Policy, the Disclosures, including any other Policies, notices, circulars, and any information published by the Company on the MF Platform or on the Platform and/or shared with You, shall constitute the entire agreement between You and Us concerning the MF Platform and Services; and it governs Your use of the MF Platform, superseding any prior agreements between You and Us with respect to the MF Platform.
- You acknowledge and represent that You have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in these EOP T&Cs and other Policies.
- Force Majeure
- If the performance of any Services or obligations under these EOP T&Cs or any other provisions of the Policies, by Us or other third parties in the fulfilment of associated transactions is prevented, restricted, delayed, or interfered with on account of a Force Majeure Event (as defined below), then We, Our Associated Entities and/or associated third-parties shall be excused from such performance to the extent of and during the period of such Force Majeure Event and shall not be liable for such non-performance of our obligations.
- A “Force Majeure Event” shall mean any event due to any cause is beyond Our reasonable control, including without limitation, unavailability of any communication systems, breach or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, earthquakes, 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, computer system, computer data, computer network and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corruptive code or program, mechanical or technical errors/failure or power shut down, breach of security and encryption (provided it is beyond Our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity, health emergency, epidemics / pandemics, etc.
- Assignment or Transfer
- The rights and/or obligations granted to You under these EOP T&Cs, including the right to use the Platform, the MF Platform or the Services thereunder, are personal to You, and may not be transferred or assigned or sublicensed by You to any other person or entity. We reserve this right and at Our sole and absolute discretion, may assign, in whole or in part, the rights and obligations under these EOP T&Cs (or any part thereof) to any Associated Entity or to another entity in connection with a corporate transaction, or any other commercial arrangement, or otherwise. We may, at our discretion, provide an intimation of such assignment to You, which will be binding on the parties to these EOP T&Cs.
- Further Assurance
- We and/or You shall perform such further acts and execute such further documents as may reasonably be necessary to carry out and give full effect to the provisions of these EOP T&Cs, Our intentions and/or Your intentions as reflected hereby.
- Limitation
- Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the MF Platform or these EOP T&Cs, must be filed within 3 (three) months from such claim or cause of action arose, failing which it shall be forever barred.
- Grievance Redressal Mechanism
- We are committed to resolving all grievances in a fair, effective and cost-efficient manner. You may raise Your grievance by writing to Us at eophelpdesk@smallcase.com ( “Level 1 - EOP Helpdesk”). We will get back to You with a ticket number which can be used to track the status of Your complaint. We will endeavour to resolve/close the complaint within a reasonable period of time from the receipt of the complaint. If You remain unsatisfied with the resolution provided at Level 1 - EOP Helpdesk, you may escalate the matter by emailing Us at eopescalation@smallcase.com( “Level 2 - EOP Escalation”), along with your ticket number. We will endeavour to resolve/close the complaint within a reasonable period of time.
- If You still remain unsatisfied with the resolution provided at Level 2 - EOP Escalation, you may escalate the matter by emailing the Investor Relations Officer ( “IRO”) along with your ticket number (“Level 3 - IRO”). Details of the IRO are provided below:Name of the IRO: Mr. Rahul Satish
Email id: eop.iro@smallcase.com
Contact no: 080-470-96561
The IRO will endeavour to resolve / close the complaint within a reasonable period of time. - For transactions in mutual fund schemes of AMCs that have not partnered with the Company, the users are redirected to an Execution Only Platform (EOP) of MF Utilities India Pvt. Ltd (MFUI; AMFI registered Category 1 EOP bearing registration number: CAT-1 EOP-0001).
- The Company is merely a technology service provider for MFUI’s EOP Platform (also referred to as MFU System) and provides required services to MFUI
- Before executing the first transaction on the MFU System, MFUI creates a Mutual Fund Account and allots a Common Account Number or CAN
- The escalation matrix for grievances or making complaints to MFUI is available here
- By availing these services, you agree to the following terms & conditions specified by MFUI:
- I/We consent to conduct transactions through the MFU system.
- I/We acknowledge to have read and understood the Terms and Conditions contained herein as well as the Terms and Conditions applicable to CAN requests and agree to be legally bound by them always.
- I/We agree that CAN shall be created only upon the data submitted for CAN creation being complete in all respects and the supporting documents being in good order, clear and legible, to the satisfaction of MFUI.
- I/We agree and accord consent that MFUI may acquire any data / information / documents such as signatures, Bank Account details, etc. from KYC Registration Agencies (KRA) / AMCs / RTAs or any other third party as per my/ our terms of agreement with such parties and / or MFUI and utilize such data sourced from such parties for the creation of CAN. I / We also unequivocally authorize MFUI to obtain data / information / documents received and rely on them without validating the same with me / us.
- I / We agree that for completely electronic eCAN, MFUI will auto-generate a CAN Registration Form (CRF) based on the data / information / signature(s) / documents submitted by me / us received by MFUI. I/We also agree that the CRF so generated will be a valid and legally binding document for all purposes whatsoever related to the CAN.
- I / We agree that in the event of mismatch between the signature(s) as per CAN and RTA/ AMC records, the relevant folios may get de-mapped and the transactions under such de-mapped folios are liable to be rejected by the AMC / RTA.
- I / We agree that MFUI at its discretion may call for physical submission of CAN Registration Form (CRF) along with supporting documents and specimen signatures. MFUI reserves the right to seek any additional information / confirmation (oral / written) as it may deem necessary to authenticate the eCAN.
- I / We agree not to misrepresent my / our identity or provide information about any other person in the eCAN process or violate the legal rights of any person by creating a CAN on his /her behalf.
- I / We hereby declare that:
- I / We have read and understood the information, requirements and the instructions mentioned in Transaction Form (including the Foreign Account Tax Compliance Act (FATCA) & Common Reporting Standards (CRS) instructions) and hereby confirm that the information provided by me / us on this form is true, correct and complete to the best of my / our knowledge and belief and provided after necessary consultation with tax professionals.
- I / We hereby agree and confirm to inform MFUI / AMC / Mutual Fund / Trustees for any modification to this information promptly. I / We further agree to abide by the provisions of the Scheme related documents inter alia provisions on FATCA and CRS on Automatic Exchange of Information (AEOI).
- In case any of the information is found to be false or untrue or misrepresenting, I / We am/are aware that I / We may be liable for it.
- I / We have provided all the necessary documents/annexures, wherever asked for, to substantiate the information provided by me/us in the form and agree to provide any further information if required, for this registration.
- I / We hereby agree and authorize MFU to map our existing and future folios with Mutual Funds to this CAN and update the CAN-related information provided hereinabove in these folios from time to time.
- I / We understand that in case of folios where the information/signature (s) doesn't match with that of a CAN such folios may be de-mapped.
- I / We agree to indemnify MFUI from and against any claims, actions or demands, including without limitation legal fees alleging or resulting from the breach of any illegal, unauthorized or fraudulent usage of eCAN or the breach of terms and conditions contained herein.
- Transaction Terms: I / We agree that:
- Transaction will be triggered upon eCAN approval.
- The transaction will be time-stamped upon approval by the Investor(s) and will be sent to RTA post receipt of subscription money.
- MFUI reserves the right to seek any additional information/confirmation (oral / written) as it may deem necessary to authenticate the eCAN registration cum transaction.
- By accepting to these terms, conditions and declarations, I/ we irrevocably authorize MFUI to act upon the transactions executed through the facility.
- All records, whether in electronic form, magnetic medium, or any other form with respect to transactions carried out through this Facility shall be conclusive evidence of such transactions and shall be binding on the Investor(s).
- Realization of funds with regard to subscription transactions:
- For subscription transactions, Payment Aggregator will transfer the funds into the respective AMC accounts directly without transferring it to MFU account in proportion to the investments made in the respective schemes of the AMC by the Investor(s).
- NAV Applicability: All prevailing rules and regulations with regard to NAV applicability will apply to the transaction.
- Restriction on Acceptance of Third-Party Payments for Subscription of Units in Mutual Fund Schemes:
- The payment should be made only from one of the bank accounts registered under the CAN being transacted.
- In case it is found that the payment is not made from a registered bank account under the CAN, MFUI / the respective Mutual Fund / AMC / its RTA reserves the right to reject the transaction and refund the money to the source account.
- Limitation of Liability and Indemnity - MFUI / its Service Providers shall under no circumstance be liable for any direct, indirect, incidental, or consequential damages or losses whatsoever sustained by the Investor(s) owing to:
- any transaction done through this facility, carried out in good faith by MFUI on the reliance of confirmation provided by the Investor(s).
- any transaction done through this facility, carried out in good faith by MFUI on the reliance of confirmation provided by the Investor(s).
- fraud, error, defect, failure, interruption, non-availability of the facility
- any negligence/mistake by the Investor(s) in carrying out transaction through this facility including but not limited to failure by Investor(s) to intimate MFUI about any unauthorized transaction through this facility.
- rejection of transaction not in accordance with the provisions of Scheme related documents of respective Schemes or not in accordance with the directions of the MFU / AMC / RTA.
- rejection of transactions which in the opinion of MFUI are not genuine or are otherwise improper, unclear or doubtful.
- the transaction not being in accordance with the PayEezz mandate or in excess of the maximum limit specified in the PayEezz mandate for debit instruction that is presented to the bank account.
- any system failure at the end of the Payment Aggregator / Bank or any other Service Provider.
- non-availability of the facility owing to force majeure events i.e. natural calamity or due to fire, periodic maintenance activity of MFUI servers, virus attack, phishing attack, failure of MFUI’s Service Providers; The Investor(s) agrees to indemnify and keep MFUI / MFUI’s Service Providers/ AMC / RTA indemnified from any such direct, indirect, incidental or consequential damages or losses whatsoever sustained by the Investor(s).
- The aforesaid terms and conditions are binding upon usage of the facility and are subject to change as per the regulatory guidelines from time to time.
- You further agree to the following terms:
- You have read and understood the contents of the Scheme Information Document(s) and Addendum(s) thereto of the respective Scheme(s) and agree to abide by the terms, conditions, rules and regulations of the Scheme(s) applicable from time to time.
- You have not received nor been induced by any rebate or gifts, directly or indirectly, in making an investment.
- You declare that the amount being invested by you in the Scheme(s) of AMC is derived through legitimate sources and is not held or designed for the purpose of contravention of any Act, Rules, Regulations or any statute or legislation or any other applicable laws or any Notifications, directions issued by any governmental or statutory authority from time to time.
- You confirm that the details provided by you are true and correct
- Services relating to Fixed Deposit (FD) investments
- The Company has partnered with Upswing Technologies Pvt Ltd (“Upswing”) to allow you to invest/track investments in FDs. Upswing has a partnership with banks and non-banking financial companies (collectively, the "Regulated Entities" or "FD Issuer") to offer FDs.
- To invest in an FD, you are directed to the technology platform of Upswing that has required arrangements with the Regulated Entities offering FDs.
- Any information related to FDs on the company's platform is displayed as received from the FD Issuer/Upswing or as sourced from publicly available information. Such product information keeps changing from time to time and the same is beyond our control. The Company / Platform in no event whatsoever, be liable or responsible for any warranty and/or guarantee pertaining to the product or product information.
- The Company has not provided any investment or financial advice to the User in connection with any investment product (including the FD) and the User is advised to seek appropriate professional advice, if necessary, before making any such investment decisions on the Platform.
- The User hereby agrees and acknowledges that:
- the performance of the FD (including any servicing thereon) is beyond the control or discretion of the Company as it is merely a facilitator; and
- the User, in addition to these Terms, is also subject to the terms and conditions of Upswing as well as those of the respective FD Issuer (including terms pertaining to premature withdrawal of booked FD amount) and, in this regard, shall fulfill any and all requirements of KYC procedure, bank account verification and such other information or documentation or formalities, as required by the FD issuer, from time to time.
- Contact details of Upswing
- Compliance Officer
- Ankit Agrawal
- ankit@upswing.one
- Grievance Redressal Officer
- Ankit Agrawal
- ankit@upswing.one
- Support
- Simran
- csm@upswing.one
- Compliance Officer
- Content in the Services
You understand that all information, reports, images, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes, maps code, language and interactive features generated (“Content”), which has been provided to you on the Platform, are the sole responsibility of the Associate Company or third party who has provided such Content. We shall not be held responsible for any Content which you may find offensive or objectionable on any Associate Company or third-party website.
You acknowledge that neither do we endorse the accuracy of the advertisements and promotional material presented to you on our Platform or as part of the Services by any third-party advertisers nor do we own the intellectual property rights in respect of such material. - Restrictions
Access to the Platform and use of the Services shall always be subject to the following restrictions, failing which the Company may take any action it deems necessary at its sole discretion:
- You agree not to attempt to reverse-engineer, disseminate, copy, exploit, or represent yourself as an agent or reseller of the Platform and the Services, or any part thereof;
- You agree not to misrepresent yourself as or impersonate any other person, or otherwise cause harm to any person;
- You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, invasive, or unlawful content, including content which is objectionable or results in a breach of privacy of any other person;
- You agree not to use or abuse the Platform for or in relation to any illegal or unlawful purposes including fraud, embezzlement, money laundering, etc.;
- You agree not to carry out or facilitate any actions which result in a detrimental effect on the Platform or the Services, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware, or network of any other person or the Platform or the Services;
- You agree that you are granted a non-exclusive license for the purpose of enabling you to use and access our Platform and Services. Except with our prior written consent, you may not assign (or grant a sub-license of) your rights to use the Service or otherwise transfer any part of your rights to use the Service.
- You agree not to violate any applicable laws, whether or not intended by you;
- You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Platform and the Services in accordance with these Terms.
- You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, pornographic, pedophilic, invasive of another’s privacy including bodily privacy, or unlawful content, including content which is harmful to children, objectionable or results in a breach of privacy of any other person, content which is insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force in India;
- You agree not to carry out or facilitate any actions which result in a detrimental effect on the Website or the Services or any related computer resource, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware, or network of any other person or the Website or the Services;
- You agree that you shall have no right to the intellectual property and any proprietary information made available or accessible through the Website or the Services;
- You agree not to violate any applicable laws, whether or not intended by you;
- You represent and warrant that you possess the legal right and ability to enter into these terms and to use the Website and the Services in accordance with these terms;
- User Obligations
- The user undertakes to:
- be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account.
- be responsible for all activities that occur under your account or password.
- take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- ensure that the details you provide us with are true, correct and complete and inform the Company immediately of any changes to the information that you provided when registering.
- not use the service for any illegal purposes or for the violation of any law or statutory regulation, including, but not restricted to indulging in; (i) any unfair, manipulative or fraudulent practices, in terms of the SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003; or (ii) any insider trading and/or communication of unpublished price sensitive information in terms of the SEBI (Prohibition of Insider Trading) Regulations, 2015.
- not to copy, reproduce, recompile, decompile, assemble, disassemble, distribute, publish, display, modify or upload to, create derivative works from, transmit, or in any way exploit any part of the Service, except for downloading material from the Service for his /her own personal, non-commercial use.
- agree to receive periodic alerts and newsletters.
- ensure that you obtain all necessary rights to the content you post or share on the Website.
- ensure that your activities on the Platform are not in violation of the SEBI (Investment Advisers) Regulations, 2013 and SEBI (Research Analyst) Regulations, 2014 and any other applicable SEBI regulations. You agree that you will not provide any investment advice or research analyst services as set out in the aforementioned regulations.
- ensure that you engage only with SEBI-registered investment advisers or research analysts to avail investment advisory services or research analyst services.
- The user undertakes to:
- Intellectual Property Rights
You acknowledge and agree that the Company, Associate Companies or their respective licensors, own all legal rights, title and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services.
Unless you receive our express authorization in writing, you agree that in using the Services or accessing our Platform, you shall not use any trademark, service mark, trade name, the logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
You further acknowledge that our Services may contain information that is designated as confidential by us and that you shall not disclose such information without our prior written consent. - Exclusion of Warranties
- The Company does not provide any warranty, express or implied, for the accuracy or completeness of the Platform or the Services, and expressly disclaims any liability for any errors or omissions;
- The use of the Platform and the Services is at your own risk and consequence. In no event shall the Company be held liable for any damages or claims whatsoever in connection with any inaccuracy, error, failure, omission, delay or otherwise;
- Nothing in these Terms shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
- We further do not represent or warrant to you that:
- Your use of our Platform and Services will meet your requirements;
- Your use of the Platform and Services will be uninterrupted, timely, secure or free from error, including specifically from server downtime;
- Any information obtained by you as a result of your use of the Platform and Services will be accurate or reliable.
- You agree that any material downloaded or otherwise obtained through the use of the Services and Platform is done at your own discretion and risk and we shall not be liable for any damage to your computer system or other device or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from us or from the use of Services shall create any warranty not expressly stated in these Terms.
- We further expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
- Miscellaneous
- In order to provide the Services and access to the Platform, the Company may be required to create a user profile that may be linked to third-party platforms or Associate Company’s platforms as may be necessary or requested by you subject to verification. The registration of the user profile shall require the Company to retain certain User Data for providing a safe and efficient user experience;
- The Company, the Associate Companies and their respective affiliates, subsidiaries, directors, employees, promoters and agents shall not be liable for:
- any direct, indirect, incidental, special, consequential or exemplary loss or damage suffered by the User, however, caused and shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss, arising out of the use of, or inability to use or access of our Platform or Service or any security breach or any virus, bug, unauthorised intervention, technical malfunctioning or defect, whether or not forceable and whether or not we have been advised of the possibility of such damage.
- Any loss or damage incurred by you owing to any temporary disablement or permanent discontinuance of our Platform or Services and any deletion, corruption or failure to store any content or other communications maintained by your use of our Services; and
- which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services.
- You agree to indemnify and keep the Company, Associate Company, their respective affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by such party related to any User Content posted or transmitted by User during the use of the Platform or Service or any unauthorised use of the Platform or Service in contravention of this Terms.
- The Privacy Policy and the Associate Company Terms shall be read to form a part of these Terms;
- These Terms shall be governed by and under the laws of India and shall be subject to the exclusive jurisdiction of Bengaluru. Any failure or delay by the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statutory period of limitation, any claim shall be filed within one (1) year after the relevant cause of action arose; s
- The Company shall be absolutely entitled to terminate your use of the Platform and the Services in the event of any breach of these Terms by you, or otherwise, any event which gives rise to any reason for the Company to discontinue the offering of the Platform or Services to you, without any notice or obligations whatsoever;