This document is an electronic record 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 or digital signatures.
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Acceptance of the Terms and Conditions
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These Terms set forth a legally binding contract between You and
Us. By using the Investment Platform, You agree to be bound by
these Terms, our Privacy Policy and Disclaimer Document. Even if
You only visit the Investment Platform or review any of the
Services (as defined below) offered by Us, You will be
bound by these Terms, our Privacy Policy and Disclaimer
Document. If You do not accept these Terms, our Privacy Policy
and Disclaimer Document, You must not access or use the
Investment Platform.
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For accessing and using the Investment Platform, You agree to:
a.
provide true, accurate, current and complete information
about yourself as prompted for on the Investment Platform;
and
b.
maintain and promptly update Your information to keep it
true, accurate, current and complete.
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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 Investment Platform (or any portion
thereof), at any time without notice.
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We reserve the right to freeze or terminate Your designated
investment account to comply with applicable laws or follow the
order of a court of competent jurisdiction or directions/orders
of any regulatory body or government authority.
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For information about our policies and practices regarding the
collection and use of Your personal information, please read our
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 Terms or any applicable laws.
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Mutual Fund Execution Services
2.1 Services:
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The Investment Platform will allow You to invest in, track and
manage Your investments in direct plans of mutual fund schemes
(“Services”). Using the
Investment Platform, You will be able to independently review
and analyse various mutual fund schemes and invest in those
schemes that are best suited for Your needs. From time to time,
the Investment Platform may allow You to invest in other
investment products. It is clarified further that the Services
provided by Us on the Investment Platform do not, in any manner,
constitute investment advice (as defined under the SEBI IA
Regulations), or recommendations or solicitations to
buy/sell/hold units of any mutual fund scheme.
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To review the terms of any mutual fund scheme
(“Transaction Documents”)
please visit the websites of the relevant Asset Management
Companies (“AMC”) that
offer the scheme.
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On the Investment Platform, We may provide indicative summaries
and information related to different mutual fund schemes
generated internally or sourced from third party entities. All
summaries, analysis and information (including expense ratio,
estimated returns, net asset value
(“NAV”), etc.) are
historical and for illustration purposes only, and is subject to
change. No representation is made as to the reasonableness of
the assumptions made within, or accuracy or completeness of any
summaries, analysis and information related to different mutual
fund schemes. We may also provide guidance on the Investment
Platform that aid users to independently make investment
decisions with respect to mutual fund schemes on the basis of
factors such as investment goals, time horizon, and risk
appetite.
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It is expressly clarified that We only provide a technology
platform for You through Coinswitch to invest in direct plans of
mutual fund schemes and We do not engage, in any manner, in the
activity of distribution of units of mutual fund schemes. We
only facilitate the implementation of the investment
instructions initiated by You on the Investment 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 features highlighted in Clause 2(2.1)(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 a recommendation or solicitation to buy/ sell/
hold units of any mutual fund scheme.
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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.
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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.
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You authorise Us to implement all mutual fund
investment/redemption instructions which You will initiate
through the Investment Platform via Your designated investment
account
(“Transaction Instructions”).
On initiating a Transaction Instruction, You agree to be
contacted by Us or by the third party entity providing the
mutual fund units. 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”) / KYC
Registration Agencies (“KRAs”) / BSE Star MF / NSE NMF). Please
note that We have no 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.
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Further, for the provision of the Services, We may avail the
services/products of third-party entities 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.
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We shall not be liable for any failure or delay on the part of
the third party entities 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.
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Access to the Investment Platform is provided to You on an ‘as
is’ basis. We do not make any representations or warranties as
to the operation of the Investment Platform and We do not
guarantee that Your access to the Investment 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 Investment Platform or through Coinswitch.
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All information provided by You to Us will be utilised in the
manner outlined in the Privacy Policy.
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You hereby undertake and confirm that before investing in mutual
fund schemes, You shall read and understand the content of the
SID/SAI, terms, conditions, details, rules and regulations
related to and governing the concerned mutual schemes and
thereafter apply for units of the same. Further, You shall not
make any investments in mutual fund schemes based on receiving
or being induced, directly or indirectly, by any rebate or
gifts.
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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 through legitimate sources only. Further, You
declare and confirm that such investments in mutual fund schemes
will not contravene any Act, Rules, Regulations, Notifications
or Directives of the provisions of the Income Tax Act, Anti
Money Laundering Laws, Anti-Corruption Laws or any other
applicable laws enacted by the Government of India from time to
time.
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You hereby acknowledge and confirm that in the event the 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.
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You represent that you have entered into a Financial Services
Execution Agreement with the Investment Platform by accepting
these Terms, our Privacy Policy and Disclaimer Document. In this
regard, You hereby consent and authorize the concerned AMC to
execute the transaction pertaining to direct investment routed
through the Investment Platform and to share, disclose or
transfer Your personal data and information including the
details of Your investments and transactions in the schemes of
the mutual fund of the AMC with the Investment Platform. This
information may be disseminated by the AMC to the Investment
Platform and the same shall be solely used by the Investment
Platform for the purpose of collating Your portfolio details
under the said Financial Services Execution Agreement.
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You hereby agree to indemnify, defend and hold harmless the AMC
against any regulatory action, damage or liability that You may
suffer, incur or become subject to in connection therewith or
arising from sharing, disclosing and transferring of the
aforesaid information.
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You acknowledge that the Investment Platform has entered into an
agreement with the AMC for accepting transaction feeds under the
relevant IA code. You further acknowledge and agree that in the
event such agreement between the Investment Platform and the AMC
is terminated due to any reasons, You shall submit transactions
in the schemes of the mutual fund directly to the AMC through
other modes of transactions permitted by the AMC.
2.2 KYC Verification and User Onboarding onto the Investment
Platform
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It is expressly clarified that only existing customers of
Coinswitch, who hold a full KYC active account with Coinswitch
(“Partner Bank Account”),
shall be allowed to onboard on to the Investment Platform and
avail the Services and features provided on the same.
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You acknowledge and authorise Us to check the status of Your KYC
information/documentation with the KRAs. Users who are C-KYC
compliant shall not be required to share any KYC information
unless specifically requested by KRA. For Users who are not KYC
compliant shall be required to share their details for
processing and verification by the KRA. We may require the said
user to provide the requisite information. The user may be
required to submit personal details, including, but not limited
to:
a. Full Name;
b. Date of Birth;
c. Permanent Account
Number
(“PAN”)
d. Phone number;
e. Occupation details;
f. Gender;
g. Marital status;
h. KYC details - Your
mother’s name, father/spouse name, address proof (Driving
License, Passport, Aadhar Card and/or Voter Card);
i. Partner Bank Account
details - Bank account number, account holder’s name, and
IFSC code.
j. Live selfie
k. Nomination details
l. Declaration stating
that the user is an Indian citizen, is 18 years or above, is
not a politically exposed or related to any politically
exposed person
m. FATCA details
n. Specimen signatures
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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 further
additional information/documentation from time to time.
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Upon completion of the registration process, You will be able to
access and use the Services and features provided on the
Investment Platform. 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.
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You expressly provide Your consent to allow Us to utilize Your
KYC information such as identity (name, PAN, age etc.), address
and signature for sending it to the concerned AMC(s) 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 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.
2.3 Process Flow for Investing in Mutual Fund Schemes
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On being KYC compliant, through the Investment Platform, You
will be able to make investments in units of any mutual fund
scheme issued by various mutual funds available on the
Investment Platform.
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After You decide the amount You want to invest in a mutual fund
scheme, You will be directed to the payment portal. You can
choose to do Direct Debit, UPI/SI from Your Partner Bank
Account.
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All payments made towards purchase/ buy instruction by the user
will be directed to the designated bank accounts of the AMCs.
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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 Partner Bank Account as per the Transaction Documents.
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Notwithstanding anything contained under these Terms, 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, You acknowledge that
due to any technical or other reasons/errors on our part or on
the part of the third-party entities involved in the completion
of the transaction, 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.
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We will execute Your Transaction Instruction(s) with regard to
the purchase or redemption of the units of 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). RTAs/AMCs are not obliged to accept Your
application for subscription to units of their mutual fund
schemes in part or in full.
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You hereby agree, acknowledge, and grant Your explicit consent
to Us to contact You by phone, SMS, WhatsApp and/or email for
any queries or updates regarding Your investments.
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We do not offer all mutual fund schemes for investment as
available in the securities market. By limiting the number of
schemes on the Investment 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:
a. Guarantee payments
on any units;
b. Guarantee liquidity
of any units;
c. Make any offer to
buy back any units;
d. Guarantee the
redemption or repayment of any units on maturity;
e. Guarantee the
payments of interest or dividend; and/or
f. Promise, indicate or
guarantee any returns.
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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.
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Fee And Charges
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Currently, the Services offered by Us are free of transaction
charges to You. You acknowledge that We reserve the right to
charge fees in the future for the Services or any other services
offered by Us. Any such changes will be communicated by Us via
email 30 (thirty) days ahead of implementation and will be
displayed on the Investment Platform. Under such circumstances,
You shall have the option to transfer Your assets out of Your
designated investment account on our Investment Platform without
incurring any cost payable to U
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You agree and understand that any such charges/fees that the
Company may choose to levy will be in addition to those levied
by the AMCs, if any. All fees, charges and reimbursement of
expenditure shall be paid or made in full by You without any
counter claim, set off or withholding.
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Privacy and Data Protection
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Under no circumstances will We sell or rent Your personal and
investment related information to anyone, for any reason, at any
time.
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We shall use Your data specifically for providing the Services
to You and in accordance with Our Privacy Policy.
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You hereby provide Your explicit consent to share Your data with
Us and our associate/affiliate companies to the extent required
by Us to provide the Services, enhance the user experience,
build affluence scores/ user insights, analyse data for the
introduction of new services and features, and as may be
required to comply with any regulatory requirements.
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Where the Services under these Terms are being availed together
as a family by multiple Users, each User provides explicit
consent to Us to share their data with the other Users who are
signatories under these Terms for the purpose of provision of
Services.
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Coinswitch 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.
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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:
a. Enforce these Terms;
b. Comply with legal process
nationally or internationally;
c. Respond to claims that any
of Your content violates the rights of third parties;
d. Protect the rights,
property or personal safety of the Company, their users and the
public; and/or
e. Pursuant to the terms of
the Privacy Policy.
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Links to Third Parties
For informational, business or investing 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
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. We do not assume any
responsibility or liability for the actions, products, and content
of any such applications or websites of such
entities/companies/businesses/individuals.
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Security Components
You understand that the Investment Platform and software embodied
within the Investment 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 Investment Platform.
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Ownership; Proprietary Rights/Intellectual Property
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You acknowledge and agree that 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.
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You acknowledge and agree that 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.
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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 our prior
written consent.
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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. Further, We and/or our affiliates
will ensure that any third party, with whom Your information is
being shared, 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.
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Modification of Terms
The Terms, Privacy Policy, Disclaimers Document 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 Investment Platform section of
the Coinswitch. It is Your responsibility to review the same on a
regular basis. By accessing and continuing to use the Investment
Platform, it is deemed that You have understood and agreed to the
revised version of the Terms, Privacy Policy, Disclaimer Document
and any other policy on the Investment 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.
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Termination / Agreement Violations
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You agree that We may at any time and for any reason, terminate
Your access to the Services, or restrict or suspend Your access
to all or any part of the Investment Platform/Coinswitch 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, fraud whether suspected or otherwise, We may
suspend Your designated investment account immediately.
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Any suspected fraudulent, abusive or illegal activity may be
referred to appropriate law enforcement authorities. These
remedies are in addition to any other remedies We may have under
law or in equity. Upon termination for any reason, You agree to
immediately stop using our Services.
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Limitation of Liability and Damages
You hereby acknowledge that We, our subsidiaries, affiliates,
directors, officers, employees, consultants, representatives,
agents and partners shall not be held liable to You for any
direct, indirect, incidental, special, consequential, punitive or
exemplary damages which may be incurred by You, however caused and
under any theory of liability. 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
Investment Platform due to any bugs, viruses, trojan horses, or
the like, which may be transmitted to or through the Investment
Platform or Coinswitch by any third party, any loss of Your data,
any claim relating to Your data or content from the Services.
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Indemnification
You agree to defend, indemnify and hold harmless Us, our
subsidiaries, affiliates, directors, officers, employees,
consultants, representatives, agents and partners, 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:
a.Your use of and access to
the Investment Platform and Coinswitch;
b.Your violation of any of
the clauses of this Terms and the Privacy Policy;
c.Your violation of any third
party right(s), including without limitation any copyright,
property, or privacy right; and
d.Your violation of any
applicable law(s).
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Disclaimers / No Warranties
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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.
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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.
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We, our subsidiaries and affiliates do not represent or warranty
to You that:
a. The information on the
Investment Platform is accurate, complete and updated;
b. Your use of the
Services will meet Your requirements;
c. Your use of the
Services will be uninterrupted, timely, secure or free from
error;
d. Any information
obtained by You as a result of Your use of the Services will
be accurate or reliable; and
e. That defects in the
operation or functionality of any software provided to You as
part of the Services will be corrected.
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We shall not be liable for any damages of any kind arising from
the use of the Investment Platform or the services or the
contents including, without limitation, direct, indirect,
consequential, punitive, and consequential damages, unless
otherwise specified in writing.
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We may provide various tools or analysis on the Investment
Platform or Coinswitch. Any output of such tools/analysis is
only for informational purpose and should not be construed as an
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. The Output is based on our
analysis, or the analysis of our subsidiaries and affiliates
from information obtained from various sources, which We, our
subsidiaries and affiliates believe to be true and correct. Such
output does not guarantee any specific performance/returns. 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.
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Notice / Correspondence
We may give notice to You by email/letter/telephone or any other
means as deemed fit, to the address available in Our records. 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, in a newspaper circulating in
India or on our Company website or on the Investment Platform.
Such notices will 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 Investment Platform.
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Waiver
The failure by either Party to insist upon strict performance of
any provision of these Terms shall in no way constitute a waiver
of rights under these Terms.
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Severability
If any provision of these Terms (or any portion thereof) is
determined to be invalid or unenforceable, the remaining
provisions of these Terms shall not be affected by such
determination and shall remain binding upon the Parties.
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Survival
Notwithstanding the termination or rescission of these Terms, the
provisions of these Terms 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 Terms which by implication are to survive the
termination of these Terms shall survive such termination.
Termination of these Terms shall not abate the causes of action
that have accrued to the Parties prior to such termination.
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Entire Agreement
These Terms are the entire agreement between You and Us relating
to the subject matter hereof and these Terms will not be modified
except by a change to these Terms made by the Us in accordance
with these Terms. These Terms together with the Privacy Policy,
the Disclaimers Document, including any other policies, notices,
circulars, and any information published by the Company on the
Investment Platform or our Company website and/or shared with You,
shall constitute the entire agreement between You and Us
concerning the Investment Platform and Services; and it governs
Your use of the Investment Platform, superseding any prior
agreements between You and Us with respect to the Investment
Platform.
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Force Majeure
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We shall not be liable if any transaction does not fructify or
may not be completed or for any failure on our part to perform
any of our obligations under these Terms or those applicable
specifically to our services/facilities if performance is
prevented, hindered or delayed by a Force Majeure Event (defined
below) and in such case, its obligations shall be suspended for
so long as the Force Majeure event continues.
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You also acknowledge and agree that We are not responsible for
the availability of such a 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 a transaction processing platform or by
Force Majeure Event, We will not be liable for any such loss or
damage. Further, any cancellations, refunds or redemptions,
shall be determined as per the applicable policies.
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"Force Majeure Event" means
any event due to any cause beyond our reasonable control,
including without limitations, unavailability of any
communication systems, breach, or virus in the processes or
payment or delivery mechanism, sabotage, fire, flood, explosion,
acts of god, civil commotion, strikes or industrial action of
any kind, riots, insurrection, war, acts of government, computer
hacking, unauthorised access to computer data and storage
devices, computer crashes, malfunctioning in the computer
terminal or the systems getting affected by any malicious,
destructive or corrupting code or program, mechanical or
technical errors/failures or power shut down, faults or failures
in telecommunication etc.
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Assignment
These Terms and any rights and licenses granted hereunder,
including the right to use the Coinswitch / Investment Platform /
Services, are personal to You, and may not be transferred or
assigned or sublicensed by You to any other person or entity. We
may assign, in whole or in part, the benefits or obligations of
these Terms. We may, at our discretion, provide an intimation of
such assignment to You, which will be binding on the Parties to
these Terms.
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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 Terms and our
intentions and/or Your intentions as reflected hereby.
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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 Investment Platform or these
Terms, must be filed within 3 (three) months from such claim or
cause of action arose, failing which it shall be forever barred.
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Dispute Resolution, Governing Law and Jurisdiction
These Terms shall be governed by and interpreted and construed in
accordance with the laws of India. The courts of Bangalore shall
have exclusive jurisdiction over any disputes arising under these
Terms. In the event of any dispute arising out of these Terms, the
same shall be settled by a binding arbitration conducted by a sole
arbitrator, appointed by Us, and governed by the Arbitration and
Conciliation Act, 1996. The venue of arbitration shall be
Bangalore, Karnataka, India.
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Grievance Redressal Mechanism
In accordance with the IT Act and Rules made thereunder, the
contact details of the Grievance Officer of the Company are:
a. Attn: Gaurav Garg
b. Email: support@rightalpha.club
c. Correspondence Address: To, Grievance Officer, Re: Privacy
Policy, Matdev Investment Advisers Private Limited, # C/o
Redbrick IT Support Ltd, Room - CS018, Electra Block, 1st Floor,
Wing A Exora Business Park, Prestige Tech Park II, Bellandur,
Bengaluru Karnataka - 560037, India