This Terms and Conditions Agreement ("Agreement") contains the complete terms and conditions that apply to an individual's or entity's for availing the Investment Schemes / Products, Services and Web Site access provided by Fundsinn Financial Services Private Limited, hereinafter referred to as FWA
- "You" mean the entity/ individual, that has entered into this Agreement with “Fundsinn Financial Services Private Limited,i.e., Investor”.
- "Service" means the service available under this Agreement, as offered on our portal www.fundsinn.com.
- Investment" means any investment made by you, on any of the Investment Product offered by and, through Fundsinn Financial Services, an intermediary, Services via the portal www.fundsinn.com.
- "Investment Product" means the investment opportunities such Mutual Fund, Fixed Deposits, Insurance Policies, other financial investment schemes available in the primary and secondary market, etc made available by FWA to you vide its portal www.fundsinn.com.
- "Investee" means the entities offering Investment Products through FWA, an intermediary.
- “Fundsinn Financial Services Private Limited” means a company incorporated under the Companies Act, 1956 and registered under the Association of Mutual Funds in India and regulated by the SEBI Mutual Fund Regulations and AMFI guidelines, acts as an intermediary between the Investor and Investee.
2. LICENSE AND SITE ACCESSLicense grant — what you are licensed to use.
- our FWA portal, Investee Entities sell their Investment Products to Investor, who can make investment with permitted payment method. If you are under 18, you may use fundsinn.com only with the involvement of a parent or guardian. FWA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel Investment in its sole discretion.
- License is granted in the form of a login Id and password to access and use our Services. Fundsinn grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FWA.
- You are hereby acknowledging that by utilizing the Services and the Website, you will not acquire any rights in or to the Services or the Website or the materials contained within the Services or the Website other than a right to utilize the Services and the Website in accordance with the terms and conditions of this Agreement. In the event you choose to download content from the Website, you must do so in accordance with, and subject to, the terms and conditions of this Agreement. Furthermore, all intellectual property rights related to the Services or the Website, including all copyright, trademark, trade secret and/or patent rights, will remain the exclusive property of FWA.
- You may not frame or utilize techniques to enclose any trademark, logo, or other proprietary information (including images, text, or form) of FWA without express written consent. Any unauthorized use terminates the permission or license granted by FWA. You may not use any FWA logo or other proprietary graphic or trademark as part of the link without express written permission.
3. CONFIDENTIALITY OF YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. FWA assures and confirms that shall maintain confidentiality of your account and password at all times with reasonable due diligence except under as required applicable laws.
4. SERVICE DESCRIPTIONS
- FWA attempts to provide general information regarding the Financial and Capital markets, comparisons between the schemes of the various Investees and to make recommendations for investments and advice on the Financial Investments. FWA shall act only as an intermediary between the Investor and the Investee, and nothing else.
- FWA attempts to be as accurate as possible. However, FWA does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If the product provided by the Investee Entity, itself is not as described in the FWA portal, your sole remedy is to return to the Investee Entity in that condition.
- While we make commercially reasonable efforts to maintain the accuracy and availability of Products, Services and Web Site, we make no representation that the operation of Services through our web Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
- Our Services and Web Site contains references and/or Web Site to companies, products and web sites which are owned and operated by Publishers or the "External Sources". You acknowledge that FWA is not responsible for the availability of any External Sources. You should contact the companies for those External Sources if you have any concerns regarding such Products, Services and Web Site located on such External Sources.
- Parties or Investee Entities provide services, or sell Investment Product online on this site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. You should carefully review their privacy statements and other conditions of use.
- FWA is not charging any service fee for the services provided to you but may decided to charge on a later point of time based on the expenses incurred by the company.
- You acknowledge that you have read all available information about the Investment product before you make your Investment.
6. AUTHORITY TO COMPANY
The Investor/s agrees and confirms to authorize, execute all documents in favour of the FWA as an agent, to act on his/their behalf with regard to the transactions with the Investee’s entities, as it is processed through the web portal of FWA. The authorization is limited with regard to purchase or redemption of the units. The transaction right will be pursuant to you executing and granting a mandate in favour of FWA, in the manner and form as prescribed by FWA from time to time and mandate will be applicable to all Investment Products, Accounts whether presently existing or to be opened in future. The Investor assures that he is aware of the various statutes governing the Investee and shall not hold the FWA liable for any claims or losses with regard to the same.
- Transaction instruction from registered customers would only be processed. Registered customers can only purchase, redeem or switch mutual fund units through this service. You are requested to read and accept the Entry and Exit policy of the Investment products mentioned in the offer document before making investments and FWA shall not be liable for any rejection of such application, which is not in compliance of the policy contained in the offer document. The purchase instructions shall be processed only when the sufficient fund required for such purchase is received by FWA and you shall agree to pay any deficit amount towards purchase forthwith. In no way FWA shall be responsible for non execution of your instructions with regard to purchase or redeem of units, either for entire quantity or for any part of quantity of units.
- You shall agree and acknowledge that the facility provide herein is limited only to select Mutual funds with whom FWA has separate arrangement. The FWA has prescribed cut off time limit for instructions given, which shall be processed on the same day and the instructions given beyond the cut off time limit shall be processed on the next working day. Any transaction request becomes due on holiday shall be processed on the next business working day.
- You shall acknowledge that the units of the scheme shall be allotted, redeemed or switched, as the case is, at the Net Asset Value (NAV) prevalent on the date of application before the cut off time, by the mutual fund, as specified by FWA and consistent with terms of the scheme. Further You shall agree and covenant that the transaction once placed shall not be cancelled.
8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
- Visitors may post reviews, comments, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." FWA reserves the right (but not the obligation) to remove or edit such content.
- You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
- If you do post content or submit material, and unless we indicate otherwise, you grant FWA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. FWA has the right but not the obligation to monitor and edit or remove any activity or content. FWA takes no responsibility and assumes no liability for any content posted by you or any third party.
9. LIABILITY OF FWA
- FWA shall not, in absence of gross negligence on FWA part, be liable to you for any act, omission or delay with regard to mutual fund or for any claims, which you may suffer or incur as a result of or in discharge of duties by FWA or its nominees or agents.
- Without prejudice to what is stated herein, FWA shall not be liable for any loss or damage or failure to comply or delay in complying with its obligation under this Agreement, which is caused directly or indirectly for whatsoever reason beyond the control of FWA or Force Majeure
- The FWA shall maintain the secrecy of all data’s provided by the Investor with due diligence and ensures to secure the content of FWA’s website against unauthorised and fraudulent access but shall not be held responsible for any leakage or disclosure of such information or for any claims arising out of such unauthorised or fraudulent access during the existence of this Agreement or otherwise. FWA will not have any liability to verify compliance with any restrictions on your Investment powers.
- The FWA shall make every effort to avail FWA’s website online at all times but the same may be unavailable or restricted for certain internal managements but shall not be liable for any loss or damage caused directly or indirectly due such unavailability.
10. APPLICABLE LAW
This Agreement shall be construed in accordance with the laws of India. By visiting Fundsinn.com, you agree that the Indian laws, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and FWA. Any dispute relating in any way to your visit to Fundsinn.com or to products or services sold or advertised by FWA or through Fundsinn.com shall be referred for arbitration and arbitration place shall be in Chennai, India, and you consent to exclusive jurisdiction.
11. LIMITATION OF LIABLILITY
- You agree that FWA (and its agents, officers, directors and employees) are not liable for damages of any kind that accompany or result from your Investment on Products, Services availed and/or access to Web Site and any material posted in or on it.
- FWA has no liability towards the customers regarding the quality of the products and is acting only as an intermediary of the products offered by the Investee Entities. In case of any consumer related claims on ground of negligence or defectiveness of the products your option is to raise the same to the Investee Entities.
12. INDEPENDENT INVESTIGATION
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the service and are not relying on any representation, guarantee, or statement other than as set forth in this agreement
FWA reserves the right to, without notice, change Investment Products, Services and Web Site, including without limitation with respect to products offered, product information, availability, content and payment fee, and may at any time modify the Terms and Conditions of investment on Products, Services and Web Site. Please check this page periodically for changes. Your investment on Products, Services and Web Site will be conditional upon your acceptance of the Terms and Conditions in force at the time of your use.
14. TERMS & TERMINATION OF SERVICE
FWA reserves the right to block your access to the Products, Services and Web Site if you are using it in excess of this provision or otherwise unreasonably within the sole discretion of FWA. The Products, Services and Web Site available are delivered in accordance with the terms of a License Agreement. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Site. We may also choose to use commercially reasonable efforts to notify all users under this Agreement via any email addresses you provide to FWA. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued utilization of the service following any change will constitute your binding acceptance of the change. FWA reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of Products and/or Web Site at any time for any reason without prior notice or liability.
These Terms and Conditions shall be deemed severable. In the event any provision of the Terms and conditions is determined to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FUNDSINN DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUNDSINN DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM FUNDSINN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUNDSINN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY LOSS OR LEAKAGE OF DATA, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING