The Company and You may be individually referred to as a “Party” and collectively as “Parties”, as the context may require in the Terms.
1. Acceptance of Terms
1.1 These Terms set forth a legally binding contract between You and Us. By using the Platforms, You agree to be bound by these Terms. Even if You only visit either of the Platforms or review any of the services offered by Us, You will be bound by these Terms. If You do not accept these Terms You must not use the Platforms.
1.2 To accept these Terms, You must be at least 18 (eighteen) years of age or such other older legal age as is required in Your jurisdiction to form a legally binding contract in Your jurisdiction. In the event that You are below 18 (eighteen) years of age or such other older legal age as is required in Your jurisdiction to form a legally binding contract, please ensure that Your guardian accepts these Terms and has read and understood the provisions of the Terms on Your behalf.
1.3 In consideration of Your use of the Platforms, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You also agree to:
- provide true, accurate, current and complete information about Yourself as prompted on the Platforms;
- maintain and promptly update Your data to keep it true, accurate, current and complete.
1.4 If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of the Platforms (or any portion thereof) at any time.
1.5 You may access the Platforms as available for Your personal use only.
1.6 You will be required to enter a valid phone number while registering on the Platforms. By registering Your phone number with Us, You consent to be contacted by Us via phone calls,
SMS notifications, and/or e-mails, in case of any subscription/service updates.
1.8 The Platforms are intended exclusively for the use of residents of India. Citizens and residents of countries other than India (“Non Residents”) may access the Platforms and avail the services only to the extent the applicable laws of India and of their countries permit them to access and avail the services. Non-Residents may also have to comply with additional documentation as required. You agree that You will be solely and absolutely liable for any liability incurred by You in India and shall indemnify the Company against any liability incurred by the Company in this regard. Nothing on the Platforms shall be considered as a solicitation to buy or an offer to sell a security, or any product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of that jurisdiction.
2. Registration and Services
2.1 To avail any services offered by the Company, You will have to register with the Platforms to create Your account. To register You will be required to open an account by completing the registration process, by providing Us with current, complete and accurate information as prompted by the registration form. You may then update the personal information relating to You.
2.2 To access Your account on the Application or the Website, You will be asked to log in with Your e-mail address and password, to establish a unique identity for You. You are responsible for maintaining the confidentiality of Your password, verification code, pin code, and account information, and are fully responsible for all activities that occur on Your account. If there is any compromise on Your password You can change Your password using the ‘Forgot Password?’ functionality.
2.3 The Company offers You a technology platform via the Platforms which helps You track and manage Your personal finance, investments, and mutual finds.
2.4 The Company does not guarantee the consistency or the stability of the Platforms. Further, any services provided by the Company may be subject to change at the discretion of the Company, and the Company does not require Your consent for the same.
2.5 Any payments made to the Company for any of its services are non-refundable and there are no refunds. The Company may at its discretion revise the amount payable in respect of any service provided by it.
2.6 The Company provides a service to enable you with personal financial management. The
Company is not licensed to receive payments for and/or allot mutual fund scheme units. However, the Company has tied up with a transaction processing platform (BSE StarMF (Mutual Fund Distributor Platform) – http://www.bseindia.com/) to provide this service to You. Pursuant to such tie-up, the Company as an intermediary platform enables You to browse through various mutual funds schemes. You acknowledge and agree that You will directly invest in mutual funds schemes through this third party transaction processing platform. All payments from You will be collected by the transaction processing platform, and the allotment of the mutual funds scheme units will also be done via the transaction processing platform.
2.8 On the Platforms, You can also answer certain questionnaires to become aware of Your risk appetite and the Company may provide computer generated suggestions on which mutual fund scheme You could invest in. You acknowledge and agree that such advice is not absolute and any decision of Yours to invest in any mutual fund scheme will be at your sole discretion.
2.9 The Company shall not be liable for any failure or delay on the part of the transaction processing platform, including, but not limited to, failure or delay of payments and/or failure or delay of allotment of mutual fund scheme units. The transaction processing platform shall be solely liable for any such failure and/or delay.
3. Prohibited Conduct
3.1 You agree that You shall not use the Platforms in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material:
- in violation of any applicable law or regulation;
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
- that belongs to another person and to which You do not have any right to;
- that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
- harm minors in any way;
- deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or entity;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company’s computer systems or site or the Company’s users, customer’s computer systems or site;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations
- with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation;
3.2 You agree not to collect or harvest any personally identifiable information, including account names, from the Platforms, nor use the Platforms for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Platforms with respect to its User information, transaction data, or communication.
3.3 If You become aware of misuse of the Platforms by any person, please contact email@example.com.
4. Termination or Suspension of Account
4.1 You shall be responsible for any and all activities that occur under Your account. We will not be liable for any loss that You may incur as a result of someone else using Your account. However, You could be held liable for losses incurred by Us or another party due to someone else using Your account. You agree that We may at any time and for any reason, terminate Your access to Your account, or restrict or suspend Your access to all or any part of the Platforms at any time, for any or no reason, with or without prior notice, and without any liability. If there is a suspicion of untoward or illegal activity, We may suspend Your account immediately.
5.1 You acknowledge, consent and agree that the Company may access, preserve and disclose Your 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:
- comply with legal process nationally or internationally;
- enforce this Agreement;
- respond to claims that any Content violates the rights of third parties;
- protect the rights, property or personal safety of the Company, its users and the public; or
- We may use Your information to reach You for marketing or promotional purposes through any channel.
6. Security Components
6.1 You understand that the Platforms and software embodied within the Platforms 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 Platforms.
7. Links to Third Parties
7.1 For informational, business, investing, or educational purposes, We may provide referrals to third party content or links to third party applications and/or websites, including entities/companies/businesses/individuals that have a relationship with Us (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and We do not warrant the products or offerings of, any of these entities/companies/businesses/individuals, or the accuracy of the content of their applications or websites.
7.2 We do not assume any responsibility or liability for the actions, product, and content of any such applications or websites.
7.4 If You decide to access any such third party platform, You do so at Your own risk. We will not be liable for any loss or damage incurred as the result of any transaction on such third party websites.
7.5 While interacting with any such third party found through the Platforms, We strongly encourage You to exercise reasonable diligence as You would in traditional off line channels and practice judgment and common sense before committing to any transaction or exchange of information.
8. Trademark, Copyright and Restriction
8.1 The Application and the Website are proprietary software developed and made available exclusively by Us. We are the sole owner of the Application and the Website, and all software created to make the Application and Website available to You. We provide You with a single limited license to download, use, and access the Platforms on Your mobile telephone devices for the limited purpose of using the services. The license is specifically personal, non-transferable, and non-exclusive. All content on the Platforms, including, but not limited to, designs, text, graphics, graphs, images, information, logos, button icons, software, audio files and any other content (“Content”) are Our exclusive and sole property.
8.2 All icons and logos are trademarks of and proprietary to Us. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
8.3 All Content is Our exclusive copyright or of Our licensors, except the third party content and link to third party applications or websites. Systematic retrieval of Our Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without Our written permission is prohibited. In addition, use of the Content for any purpose not expressly permitted by Us in these Terms is prohibited and may invite legal action.
8.4 Except as specifically provided herein or elsewhere in the Platforms, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Our prior express written permission. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent any security features, or to utilize the Platforms or any part of the Content for any purpose other than its intended purposes is strictly prohibited.
8.5 All Content on the Platforms, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. The Content on the Platforms is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such Content in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without Our prior written consent, modification of the Content, use of the Content on any other website, application or networked computer environment or use of the Content for any purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You
receive any remuneration, whether in money or otherwise, is commercial use for the purposes of these Terms.
8.6 You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews (“Feedback”) on or about the Website or Application or the services and You acknowledge that You transfer all rights in such Feedback to Us and that We will be free to use the same as We may find appropriate.
8.7 The Company respects the intellectual property of others. In case You feel that Your trademark or copyright has been infringed, You can write to Us at firstname.lastname@example.org.
9. Terms and Termination
9.3 The Company reserves the right to cancel delete or deactivate Your Account, if it believes the same has been compromised, or is being used fraudulently, at its own discretion.
10. Disclaimer of Warranties and Liability
10.1 You warrant that all information supplied by You for accessing the Website and using the Application, including without limitation Your name, email address, mobile number, bank account details and transaction related to it thereto, are correct and accurate, and belong to You.
10.2 You shall be financially responsible for Your use of the Platforms. You undertake to supervise and be responsible for accessing the Website and using the Application under Your account and absolve the Company from any liability on this account.
10.3 You acknowledge and agree that the result of test/questionnaire that You take on the Platforms is computer generated, and We shall not be liable for any such result. Further, any such result generated on the Platform is a mere suggestion and You may choose to act or not to act upon such suggestion. The decision to act upon such result/suggestion is solely Your own decision and We shall not be liable for any risk and/or loss that You may suffer pursuant to such results, suggestions, and/or Your decisions.
10.4 You acknowledge that the information provided on the Platforms about funds and third parties are gathered or provided by third party sources. You herein agree that We shall not be responsible for the accuracy or correctness of any such information provided on the Platforms.
10.5 Any information and/or suggestions provided to You through the Platforms should not be treated as investment or financial advice. The Company shall not be held responsible for any reason whatsoever, for any losses or damages incurred by You due to the use of the Platforms. The purpose of the Application/Website is to keep track and manage Your personal finances and investments.
10.6 The Platforms are not intended to provide any tax, legal, insurance or investment advice, and nothing on the Platforms should be construed as a recommendation by Us to acquire or sell any investment or security, or engage in any investment transaction. It shall also not be construed to indicate, guarantee or promise any good returns.
10.7 Reliance on any information, suggestion, or recommendations provided by Us appearing on the Platforms is solely at Your own risk. You alone are solely responsible for determining whether any product or service is appropriate or suitable for You based on Your personal and financial situation. Please consult a legal or tax professional regarding specific legal or tax queries.
10.8 The information and views contained on the Platforms are based on information available and believed to be correct to the best of Our knowledge and we do not assume responsibility for the accuracy or for any loss arising out of any information contained herein. This is neither a solicitation to invest in any product nor to avail of a particular service and We do not warrant or make any representations regarding the use or the results of the use of any product or service.
10.9 We shall not be responsible or liable if any unauthorised person hacks into or gains access to the Platforms, or Your accounts.
10.10 Any actual investment (in any mutual fund scheme), or any other financial transactions will be performed at Your sole risk through third party applications/websites. We shall not be liable for any financial transactions that have been executed/completed on any third party application and/or website. It is clarified that as We do not possess the relevant licenses under applicable law, You cannot make any investments or financial transactions directly through Our Platforms.
10.11 Any and all investment transactions will be done at Your discretion and will be completed through the transaction processing platform. You acknowledge and agree that We are not responsible for the availability of such transaction processing platform, nor are We liable for its performance. You explicitly agree that if You suffer any loss or damage on any products or services that You purchase from such transaction processing platform, We will not be liable for any such loss or damage. Further, Further, any returns, refunds or redemptions, shall be determined as per the applicable policies.
10.12 It will be Your responsibility to read all scheme offer documents carefully, to make a voluntary and informed choice of Your future financial transactions and investments. You acknowledge and agree any scheme offer document is the proprietary document of a third party, and in the event of any queries, issues or conflicts, You will contact the transaction processing platform or such third party directly. We shall not be liable for any actions, omissions, and/or documents of the transaction processing platform or any such third party.
10.13 You explicitly agree that in the event that you invest in any mutual fund scheme through the transaction processing platforms, You will have a direct relationship with such asset management company.
10.14 To make any financial investment, you may be required to provide documents and details necessary for a third party website and asset management company. You agree and authorise the Company to share such information on your behalf and as maybe required to complete the investment.
10.15 All Content on the Platforms, (including but not limited to software), products and services, included on or otherwise made available to You through the Platforms are provided on “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, We do not warrant that:
- The Platforms and services will be constantly available, or available at all, or is error-free;
- The information on the Platforms is complete, true, accurate or non-misleading;
- The quality of any services, content, information, or other Content on the Platforms will meet Your expectations or requirements; or
- Any software used and/or licensed in connection with the Platforms will be compatible with other third party software or devices nor that operation of the Platforms and the associated software will not damage or disrupt other software or hardware. The Company shall not be responsible or liable for any of the aforesaid risks. You understand that the Company disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by transaction procession platform to process any transaction/payment instructions for whatsoever reason.
10.16 All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
10.17 We will not be liable to You in any way or in relation to the Content, or use of, or otherwise in connection with the Platforms. We do not warrant that the Platforms, information, content, Content, product (including software) or services included on or otherwise made available to You through the Platforms are free of viruses or other harmful components.
10.18 Our affiliates, respective investors, directors, employees, agents, suppliers, and Us shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of the Platforms, whether based in contract, tort, strict liability, or other theory.
10.19 SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL OUR EMPLOYEES’, AGENTS’, PARTNERS, CONTRACTORS’, AND OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE AFORESAID SERVICES SHALL EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY US FROM YOU, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.
11. Exclusions and Limitations
11.1 Those who access or use the Platforms from other jurisdictions do so at their own volition and are responsible for compliance with the local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You; all other provisions of these Terms remain in full force and effect.
12.1 You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:
- Your use of and access to the Platforms;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right;
- Your violation of any applicable law.
13. Additional Terms
13.1 We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platforms, to obtain certain Content through the Platforms, or for other reasons. These additional terms are part of this Agreement, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
13.2 We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the service or any of the Platforms (or any portion thereof) with or without notice. You agree that We will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Platforms.
13.3 You will also be required to follow any terms, policies, and additional terms of any third parties or funds that are our partners.
13.4 This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.
13.6 The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
13.7 These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Bangalore.
14. Grievance Officer
14.1 In case of any grievance arising from the use of the Platforms, please contact the Grievance Officer, the details of which are set forth below- Grievance Officer: please write to email@example.com