TERMS OF USE
1. Introduction
The website www.finhaatwealth.com (“Website”) and the mobile application, Finhaat Wealth (“Application”) (collectively referred to as the “Platform”) is owned and operated by Finhaat Wealth India Private Limited, a private limited company having its registered office at B-702, Om Harmony Pl- 267, Sec- 10, Kharghar, Raigarh, Mumbai, Maharashtra, India- 410210, referred to as “FW”, “Finhaat Wealth”, “Company”, “We”, “Us” or “Our”.
FW distributes a range of both financial and other investment based non-financial products (collectively “Products”) including but not limited to mutual funds, digital gold, gold jewelry on EMI, which are offered / distributed by FW in its capacity as an intermediary/ agent of selected mutual funds/ asset management companies (“AMCs”)/ non-banking financial companies/ other third-party service providers/ vendors (“Product Providers”). FW provides services/ facilities (“Services”) on the Platform which enable(s) you/ the user (“You” “Client” “Customer” “Your”) to transact in Products including place investment request(s) or purchase or switch or redeem Products on the Platform as well as review Your investment dashboard.
FW is a registered mutual fund distributor with Association of Mutual Funds in India (“AMFI”) and holds an active AMFI Registration Number 304259 (“ARN”). FW is also a distributor of gold bullion, gold jewelry and digital gold pursuant to certain agreements entered into by FW with certain Product Providers.
The below terms and conditions (“Terms”) set out important information pertaining to the usage (including visiting and accessing) of the Platform as well as availing the Services as offered by FW on the Platform. The Terms govern the relationship between Us and You. These Terms should be read in conjunction with the Privacy Policy and any other additional terms/ relevant documents that may apply.
By using (including visiting and accessing) this Platform and/ or availing the Services, You are agreeing to these Terms, our Privacy Policy (defined below) any supplemental terms that may apply to a specific account, Service(s), situation, circumstance, or transaction that You may avail from time to time. If You do not agree with the Terms or any specific term/s or condition/s contained herein then You must immediately stop using the Platform.
2. USE OF THE PLATFORM
- To be able to avail any Service on the Platform, You must complete FW's registration process and create a FW account (“Your Account”) by providing Your complete personal information/ documents as per the Know-Your-Client (“KYC”) verification process in accordance with FW’s internal verification guidelines as well as the KYC guidelines issued by the Securities and Exchange Board of India ("SEBI") and/or Reserve Bank of India (“RBI”) and/ or any other regulatory body/ government agency or authority . Without registration as mentioned above, You will only be able to view a limited version of the Platform and will be unable to avail any Services. FW reserves the right to require additional information/ authorization(s) as may be deemed necessary by FW, in its sole discretion, to complete its internal verification.
- To register, you are required to follow the steps provided on the Platform as well as follow any instructions that may be given by FW's employees or representatives. Your will be onboarded / Your Account will be created only after the submission and verification of the required information/ documents and subject to the sole discretion of FW.
- You agree that collection, storage, sharing or disclosure of Your information that You provide to FW at the time of Your Account opening/ onboarding or otherwise shall be governed by these Terms read with the Privacy Policy, which is incorporated herein by way of reference. By accepting these Terms, you specifically consent to our collection of information provided by You in accordance with the Privacy Policy.
- In case you choose to register on the Platform online using your Aadhar Card or PAN Card, You will also be required to authorise FW to fetch your KYC status/ data from any one or more of the KYC Registration Agency (“KRA”). By accepting these Terms, you specifically consent to FW sharing your details including details in the nature of your date of birth, PAN number, adhaar number and fetching your KYC status and related information from a KRA. Once the information is fetched the fields shall be auto-populated using the information available on the KYC database. In this case, you may be unable to edit the fields that are auto-populated. Further, this mode of registration is presently only available to residents of India and natural persons, as against legal persons (private limited companies, partnership firms and so on) and non-residents of India.
- Upon registration on the Platform, You shall be allowed to create Your Account by setting Your own pin, which You shall maintain according to the Privacy Policy of the Platform.
- When you register with FW via the Platform, You confirm that all information provided by You, both at present and in the future, is accurate.
- In the event FW is unable to successfully complete its internal verification in accordance with its policies, FW has the right to unilaterally reject the request for creation of Your Account and/ or availing any of the Service(s), without assigning any reasons whatsoever and without notice.
- By creating Your Account, you declare and confirm that:
- You are at least 18 (eighteen) years of age and otherwise capable of entering into these Terms and performing the obligations set out hereunder. Where you are acting as guardian on behalf of a minor, you have the necessary authority to register/sign up for the Account/ Services on behalf of the minor.
- You understand and agree that any change of Your Information including but not limited to address, mobile no., e-mail id, bank details for Your Account, can only be effected in accordance with FW’s policies after completing certain other formalities in this regard. You may be required to submit additional information/ authorizations, as required by FW’s policies, from time to time, to authenticate the modified details and may not be able to use the Service(s) until verification of the changed details is successfully completed by FW.
- You acknowledge that any incorrect/ false information submitted by you may cause FW or third parties substantial economic damage and loss.
- You will be responsible for safeguarding the security and confidentiality of Your Account and PIN; that you will not share, assign or transfer Your Account or reveal your PIN to any third party or do anything else that might jeopardize the security of Your Account; and that you will be solely responsible and liable for all actions/instructions initiated using your Account.
- If FW disables Your Account for any reason whatsoever, you will not create another one without our express permission.
- If you become aware of any unauthorized use of Your Account or password, you will notify FW immediately by e-mail addressed to ______________________ with the title “Account-Unauthorised Access”.
- You are/will be in compliance with KYC requirements under applicable SEBI/AMFI or any other applicable regulations before you start investment in Your Account and at all times going forward.
3. OUR SERVICES
- You agree and acknowledge that the Service(s) is/ are presently available in respect of select Product Providers only with whom FW has entered into a separate arrangement and as are displayed on the Platform. You shall be entitled to subscribe for and transact the units of such other Product Providers with whom FW may enter into specific arrangement in the future on the terms and conditions as contained herein.
- It is clarified that when providing the Service(s), FW’s role is restricted to:
- Providing information about the Product Providers and their respective Products;
- Distributing the Product and/ or acting as a referrer to the third-party Product Provider;
- Processing (accepting and forwarding) the relevant instructions received from the You to the respective Product Providers;
- Facilitating the electronic execution of certain documents as may be required by Product Providers and in accordance with applicable laws;
- Additionally, FW may also provide services relating to providing Product updates, statements, performance updates, etc. in the event they are sent to Us by the Product Provider.
- FW is acting only as a distributor and / or referrer of Products to its customers. These Products do not pertain to FW and are not endorsed or guaranteed nor do they constitute obligations of FW or any of its subsidiaries, associates or affiliated companies. FW only acts as an intermediary to facilitate transactions in various Products, on behalf of and on receipt of instructions from the Applicant/ You.
- All Service(s) undertaken by FW will:
- subject to local regulations and / or the FW’s internal policy requirements at all times;
- be subject to the Terms and such other terms as may be specifically applicable for each Product;
- be basis your express instructions;
- be strictly on a non-discretionary and on a non-risk participation basis;
- FW is authorised to make changes to its Service(s) offering at any time to ensure adherence to the same.
- You agree and understand that FW does not solicit clients or investments of persons resident in the United States of America (“U.S.”) and Canada. You agree and acknowledge that FW and the various Product Providers shall not be liable for rejection of any application by any Product Provider, where the investor is a person resident in U.S., Canada and/or any other person prohibited from investing under the relevant Scheme Related Documents subsequent to the processing of a transaction.
4. INVESTMENT RISK
- FW does not provide investment advisory services for any Products, and the information/ details provided on the Platform are for information only and should not be used as the basis for any investment decisions. You shall seek independent advice from professionals on the suitability of any investment decisions. You agree and understand that all decisions to buy, sell or execute any transaction will be solely Yours based on your personal judgement and after due consideration of all aspects involving the investment.
- The content on the Platform assumes that You will make Your own investment decisions, and FW does not consider individual investment goals, specific needs, or financial circumstances before posting or displaying any informational content on its Platform. Additionally, nothing on this Platform is intended to offer financial, legal, accounting, or tax advice. It is strongly advised that you consult with a professional investment advisor before making any investment decisions. Any decisions You make should be based on Your risk assessment in consultation with your investment advisor.
- You acknowledge that employees, partners and representatives of FW are not authorized to advise on any investment decision, and that You shall not solicit or rely upon any such advice from Us or any of Our employees, partners or representatives. Any advice of this nature inadvertently given by any employee or representative of FW shall strictly be construed as being in their personal capacity, and FW disclaims any liabilities or costs accruing as a result of the same.
- When providing Service(s), FW is under no duty to assess the prudence or otherwise of any instructions given by You and would be justified in acting on Your instructions, irrespective of their prudence or otherwise.
- Investing in any Products or Services offered by FW on the Platform are subject to investment risks, including the possible loss of the principal amount invested. Past results are not indicative of future performance. The value of investments may fluctuate from time to time resulting in gains / profits or losses, as the case may be. Past performance should not be construed as an indication or guarantee of future performance. The investments are intended for investors who are able to accept the potential risks, including the possibility of losing the entire investment. It is crucial that you fully understand these risks before making any investment decisions through the Platform. These Terms do not provide a comprehensive list of all risks associated with such investments. The offer documents and/or terms and conditions include specific risk warnings related to the relevant Products, which should be carefully reviewed.
- You understand that mutual fund and market-linked investments are subject to market risks, and you confirm that you have carefully read all Scheme Related Documents carefully. After reviewing and understanding the contents of the Scheme Related Documents, Statement of Additional Information (SAI), and Key Information Memorandum (KIM) (collectively referred to as “Scheme Related Documents”) for the scheme(s) you have chosen on the Platform, You are applying for units in the scheme.
5. PLATFORM DISCLAIMER
- FW only collects orders/ instructions from You and processes the submission to the respective Product Providers for execution. You understand and agree that FW does not in any manner guarantee the below and same are subject to actions taken/ fulfilment by the relevant third-party agencies including banks, payment gateways and Product Providers:
- the execution and / or non-execution of the transaction for which instructions have been provided to FW. FW’s responsibility is restricted to, on a best effort basis, passing on the instructions to the respective Product Providers;
- payment on any of the Products;
- the liquidity, redemption, sale or repayment of any Products, whether on or prior to maturity;
- make any offer to buy back for any of the Products;
- completion of any refund procedures;
- the payment of interest, dividend or any other corporate action; and
- promise any returns.
- Purchase requests made through the Platform shall be processed by the respective Product Provider(s) only after funds sufficient to cover the purchase price of the Product(s) and other costs and charges have been received by the respective Product Provider(s).
- Payments towards the purchase price and other costs and charges shall be made through the payment facilities including the payment gateway, NACH mandate, NEFT/RTGS or any other payment facilities made available by FW or any other Product Provider.
- You authorize FW and its authorized service providers to carry out Your instructions by:
- Executing NACH/Direct Debit mandate and any subsequent NACH/Direct Debit instructions related to your investments, as well as electronic money transfers through online payment gateways;
- Processing all mutual fund subscriptions, redemptions, and non-financial instructions provided by you through the Platform using your login credentials, or through any other mode, including paper submissions;
- Communicating with the Asset Management Company (AMC), KRAs, RTAs and/ or any other Product Provider on your behalf for financial and non-financial transactions and receive details of your investments.
- If for any reason, the Product Provider is unable to allow a transaction for purchase or redemption of the full quantity of units/ Products transacted by you through the Platform, the respective Product Provider shall be at liberty to process a lesser quantity of the units/Products sought to be purchased or redeemed (as the case may be) by you. In such a case, neither FW nor the Product Provider(s) shall be responsible for the non‐ execution of transaction for the entire quantity or the remaining quantity of units/ Products sought to be purchased/ redeemed.
- You consent and acknowledge that FW holds no responsibility or liability for any losses or damages caused by the delay, interruption, suspension, error or failure in receiving / processing/ executing or incorrect/ inaccurate execution of orders/ Your instructions. Additionally, FW do not represent or warrant the successful completion of any orders/ Your Instructions. Issues or inaccuracies may arise and be attributable to either You, the Product Providers, the exchange, the system including but not limited to internet disruptions, system errors, insufficient funds, delays in bank processing, technical glitches, incorrect account details, interruptions in third-party services and so on. You consent and acknowledge that FW holds no responsibility or liability with regards to the physical delivery of any of the Products to You and the terms and conditions pertaining to delivery of the Products including shipping, physical delivery and/ or return, if any, of such Products shall be as per the shipping and return policy of the relevant Product Provider, which is accessible _________________________.
- Any information (whether in form of text, advertisements, posters, blogs, videos and other modes) provided on the Platform is solely for informational purposes and should not be interpreted in any way as investment advice or a recommendation to buy, sell, or transact in any investment, product, or service. It is also not an invitation, offer, or solicitation to participate in any investment activity. All publicly accessible content on the Platform which is also available without using any login, including tools, articles, reports, and insights, is for informational purposes only and should not be considered investment advice or personalized recommendations. Any views expressed are general comments on financial or economic trends and not specific to any investment product. FW is not responsible or liable for third-party opinions or data shared on the Platform, and serves only as a Platform for sharing such content.
- You acknowledge that accessing and using this Platform is solely at Your own risk. While FW will on a best effort basis strive to ensure that information published with specific dates is accurate and valid as of the time of publication, and while FW will on a best effort basis strive to keep the information current, You shall be responsible for authenticating the same before making any investment decision(s). All information, Products offered, and Services provided on this Platform are provided "as is" and "where available." FW offers no warranties—either explicit or implied—regarding the accuracy, suitability, or reliability of the information provided, and disclaims any implied guarantees of title, merchantability, non-infringement, or fitness for a particular purpose. It is Your responsibility to implement safeguards for verifying the accuracy of the content, as well as to maintain procedures for recovering lost data. FW will not be liable for damages related to error and/ or omission in the information and/ or your inability to access the Platform or any data transmitted via it, including interruptions caused by third-party service providers or other external factors.
- Even though information on the Platform is gathered from sources deemed reliable, FW does not guarantee its completeness, accuracy, or timeliness for any particular use. Neither FW, its affiliates, directors, officers, employees, nor third-party vendors shall be held accountable for any damages or losses, direct or indirect, caused by failures, interruptions, or errors related to this Platform. This includes but is not limited to system failures, transmission issues, unauthorized access, or operator mistakes, whether under the control of FW or not.
- FW is not responsible for ensuring that the Platform functions consistently across all systems, devices, or browsers, and does not guarantee continuous access to the Platform without interruption. The transmission of information via the internet is inherently insecure, and FW does not accept liability for the loss, alteration, or corruption of any data during transmission. Any information you provide or download is done entirely at your own risk.
- The Platform may provide links to other third-party websites. However, since FW has no control over such third-party websites, you acknowledge and agree that under no circumstances shall FW be liable for Your using the services offered or provided by any third-party service provider.
- Excluding FW’s liability for any damage that cannot be legally excluded or limited, FW and its affiliates disclaim all implied conditions, warranties, or representations that might otherwise apply. Under no circumstances will FW or its affiliates be liable for any indirect, special, or consequential damages resulting from your use of, or inability to use, this Platform, including lost profits, business interruptions, or data loss.
- If, despite the limitation above, FW is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of FW shall be restricted to, in the aggregate, any fees paid by you to FW or commission received by FW on investments made by you in connection with the Services, if any, provided to you on this Platform.
6. ELECTRONIC EXECUTION
- You consent to accept the Terms and/ or any supplemental terms by initiating the registration / onboarding / Your Account opening process which entails generation and input by You the one-time password, access code or other form of secure authentication (collectively “OTP”) sent to Your registered mobile number/ registered e-mail address, etc. (“Registered Number”) by FW. Further, You also agree that any confirmation/ authorization for and in connection with any of the Services sought to be availed by You shall be provided by entering the OTP sent to You on Your Registered Number.
- You agree that Your action of submission of the OTP sent by FW, constitutes a valid acceptance by You of the Terms and/ or supplemental terms/ Service request, as the case may be, and which shall have binding effect on You.
- You acknowledge and accept that on submission of the OTP, FW shall assume that such OTP has been entered and the authentication has been provided by You. FW shall have no obligation to verify the authenticity of any transaction or instruction received or purported to have been received from/ submitted by You.
- It is entirely and solely Your responsibility to ensure that the OTP is not compromised or shared with any unauthorized users.
7. OTHER CONSENTS & NO-OBJECTIONS
- In the process of offering the Service(s), FW may be required to share information relating to the Services availed by you, your transactions and / or your holdings to the regulators, auditors, other statutory bodies, third-party Product Providers, KRAs their agents or intermediaries and subsidiaries or affiliates of FW. You hereby authorize FW to share such information on a need-to-know basis.
- You hereby authorise FW to use the information obtained by it in connection with Your Account so as to seamlessly and effectively provide you the entire range of Services contemplated hereunder.
- You hereby irrevocably and unconditionally consent and grant your no-objection to FW to do or perform upon your placing of transaction requests on the Platform, at your risk and cost, all or any of the following acts, deeds matters and things:
- To forward your transaction data and requests to the respective Product Providers with respect to your instructions and orders of sale, purchase, transfer, splitting and consolidation of Products;
- To collate the transaction details relating to the investments in Products done by You and to transmit such transaction data to the concerned Products Providers for further processing of your transactions;
- To transmit to the Product Providers, information relating to your nomination/changes in investment plan/ any other changes made through the Platform;
- To obtain and forward to the Product Providers your information as available in the KYC records, including your signature;
- To contact you regarding matters pertaining to the operation of Your Account including, but not limited to, servicing of Your instructions, requests, communication of special offers, new Product launches and Product recommendations. This consent will override any registration for DNC / NDNC;
- In the event KYC process is not completed by you to the satisfaction of the Product Provide, you hereby irrevocably and unconditionally authorize the Product Provider, to redeem the monies invested by you in the Product, at the applicable NAV prevailing on the date of such redemption and undertake such other action with such monies as may be required under applicable law.
- You have no-objection to FW holding and processing your personal information concerning Your Account in connection with the Services as well as for analysis, credit scoring and marketing. You also agree that FW may disclose, in strict confidence, to other institutions / organisations (including but not limited to credit rating agencies, TransUnion CIBIL, the Reserve Bank of India) such information as may be reasonably necessary for reasons inclusive of but not limited compliance with legal directive, for credit rating / assessment by recognized credit scoring agencies, and for fraud prevention. For such purpose, FW may use the services of an intermediary / agent.
- You are aware that should You reach out to FW offline/ outside of the Platform, FW shall be at liberty to tape-record conversations between You and/or Your representative and FW, over the telephone, and hereby specifically permits FW to do so. Such recordings may be relied upon by FW as and when required.
8. COMMUNICATION, ACURACY & RECORD OF YOUR INSTRUCTIONS
- FW will act on instructions received in the specified format, within the cut-off time and through a channel as may be specified by FW, from time to time. FW may, in its discretion and without giving any reason, not carry out your instructions or defer execution of your instructions, where it has reason to believe (which decision of FW, you shall not question or dispute) that the instructions are not genuine or are otherwise improper or are given in a manner and form not acceptable or unclear or raise a doubt and / or put on hold or stop such transactions where it feels that further verification is required for any compliance, legal, operational or any other purpose. You shall not hold FW liable for any loss, damage or claim or any other consequence arising as a result of FW declining the same.
- FW shall have no responsibility to determine the authenticity of any instructions given or purported to be given by You. You shall not hold us liable on account of FW acting in good faith on any of Your instructions. FW shall perform its duties on a best effort basis to execute your instructions to buy / sell / switch the requisite units of the Products at the specified price. The execution of the instruction may also get delayed due to technical delays in processing the instruction, discrepancies in the instructions, delay in the receipt of the instructions or any other reason which in the opinion of FW restricts it from executing your instruction(s). FW shall not be held responsible for any delays or failure to execute the instructions which are beyond the reasonable control of FW.
- You authorize FW to accept instructions through the Registered Number (i.e. instructions through e- mail, instructions through mobile), the Platform including any mobile banking / tablet applications, or such other channels that FW may provide and permit from time to time. Any instructions given or purportedly given or received from the Registered Number currently provided by You and / or as may be changed by You, from time to time, through your specific instructions to FW, shall be deemed to be given with Your full authority and approval and shall be sufficient authority to FW and conclusively binding on you, irrespective of whether such orders or instructions are or are not subsequently confirmed in writing. You accept full responsibility and liability for all consequences of the acceptance and execution of such orders and instructions. FW shall not be liable for any loss which you may suffer if FW acts on these instructions from You.
- All records of FW generated by the transactions arising out of use of the Services, including the time of the instruction recorded shall be conclusive proof of the genuineness, accuracy and time of submission of the instructions.
9. PERMITTED USE, LICENSE & PROPRIETARY RIGHTS
- The content of the Platform and the Platform itself is the intellectual property of FW and belongs exclusively to FW, unless specified otherwise. Use of the Platform and Service(s) in violation of these Terms may violate copyright, trademark and other applicable laws, and could result in appropriate legal action.
- The Platform and anything contained on the Platform is only intended for your personal use and shall not be used for non-personal or commercial use unless expressly authorized by FW. All rights, title and interest in the Platform, the Service and the content are exclusively reserved by FW and no right and/ or license is transferred or assigned to you and any other party.
- Since the Platform and all the material and content on the Platform are proprietary to FW, you shall not and shall have no right to use by the way of reproduction, replication, copying, posting, distribution, transmission, duplication, recreation or otherwise, unless you have obtained express written consent from FW to the same effect.
- If you are, or if we have reasonable cause to suspect that you are, in violation of any of these Terms, FW reserves the right to immediately restrict, suspend, or terminate your access to the Platform and/or use of the Service.
10. DATA PROTECTION & SECURITY
- The storage, usage and transmission of all information obtained by FW through the Platform, shall at all times be in accordance with the Information Technology Act, 2000 read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and all other applicable laws.
- FW will store, use and transmit only such information provided by You which is reasonably required for providing the Service(s) by FW. If your information is required to be used by FW for any purpose not expressly set out in these Terms including FW’s Privacy Policy, such information shall only be used pursuant to obtaining Your prior consent.
- FW adheres to reasonable security standards while storing your information. Where your information is stored with third party vendors, FW ensures that such Product Providers adhere to reasonable security standards.
- FW has appropriate measures in place to- (a) protect your information against any accidental loss, destruction or damage and (b) to ensure that FW’s employees process your information confidentially.
11. GRIEVANCE REDRESSAL
For any grievances related to the Services provided on the Platform, kindly reach out to our grievance officer. Details of grievance officer are available on our website.
12. KYC INFORMATION
- By using FW’s services, you agree to allow FW to utilize your personal information, including but not limited to your PAN, name, photo, father's name, date of birth, gender, marital status, proof of address, address, and signature. This information will be shared with the KRA as part of the Know Your Customer (KYC) process as well as with Asset Management Companies (AMCs) / other Product Providers to complete your application. The information may be used for validation purposes and to ensure compliance with legal and regulatory requirements. You also acknowledge that your address will be updated at the AMC based on the KYC address you provide. You grant FW permission to collect, retrieve, store, and use your KYC data to meet regulatory requirements and fulfill KYC obligations for all services and products offered by FW.
- In order for us to be able to provide you with a digital KYC journey for mutual fund investments and remain compliant with the extant KYC regulations, You authorize FW to open a zero-folio account in your name with an AMC.
- Additionally, you agree that the signature and other relevant details stored in the KRA system may be retrieved and/or used by the AMC or their Registrar & Transfer Agents (RTA) to verify your signature when processing any requests submitted through the Platform or through FW. In case you’re the relevant KYC information / Your signature is missing or illegible or in the event of any mismatch in/ with the KRA records, you understand that the respective Product Partners including AMC may conduct further checks or reject transactions if they cannot verify the authenticity of your request.
- You acknowledge and agree that FW will forward your mutual fund/ digital gold / EMI gold transactions to AMCs/ Product Providers upon completing the necessary KYC process. In the event that the KYC process is incomplete or unsatisfactory due to any reasons attributable to you, you authorize the AMC/ Product Provider to take necessary actions, to comply with any legal or regulatory requirements related to those funds or assets including to redeem the funds from the investment scheme in the name of the applicant at the prevalent Net Asset Value (NAV) on the date of redemption.
- For any offline transactions submitted with wet signatures, you accept that the signature available in your KYC records will be used for verification. You agree that it is your responsibility to inform the FW/AMC of any changes in your KYC information, including changes to your signature. If your signature is not updated, available, or legible in the KYC records, you understand that the AMC has the right to perform additional checks to verify the authenticity of the request or reject any offline transaction based on the existing KYC information.
- You declare that Your primary source of income is as per the occupation disclosed by You and that any and all information provided by you under these Terms is true, correct and accurate. You also agree to provide any additional information/ documents requested by FW to update your records. Additionally, you acknowledge that providing any false or misleading information, or withholding material facts, may result in the termination of your account.
13. FATCA/CRS DECLARATION
- You understand as part of ongoing tax and regulatory developments FW will require certain information from You in order to determine your status. Further, FW may also be required to disclose such information submitted by You to other authorities.
- You hereby authorize FW to disclose, share, rely, remit in any form, mode or manner, all / any of the information provided by You, including all changes, updates to such information as and when provided by You to any of the Product Providers, their sponsors, asset management company, trustees, their employees / RTAs ('the Authorized Parties') or any Indian or foreign governmental or statutory or judicial authorities / agencies including but not limited to the Financial Intelligence Unit-India (FIU-IND), the tax / revenue authorities in India or outside India wherever it is legally required and other investigation agencies without any obligation of advising me/us of the same. Further, You authorize to share the given information to other SEBI registered intermediaries /or any regulated intermediaries registered with RBI to facilitate single submission / update & for other relevant purposes. You also undertake to provide any other additional information as may be required at FW / the Product Provider’s end or by domestic or overseas regulators/ tax authorities. You authorize the Authorised Parties to provide relevant information to upstream payors to enable withholding to occur and pay out any sums from your account or close or suspend Your account without any obligation of advising you of the same.
- You undertake that all information provided pertaining to the declaration is true and correct. Any change in the status or information or certification previously provided should also be intimated to FW forthwith and in any event, within 30 days.
- In the appropriate cases and also especially in case of any omission, delay or failure in providing such information, we would / may be constrained to report relevant information pertaining to the account to domestic or foreign tax authorities. It is your responsibility to ensure that you record your correct tax status/ FATCA classification.
14. INDEMNIFICATION
- You agree to indemnify, defend, and hold harmless FW (including its officers, directors, employees, affiliates, group companies, agents, representatives, or subcontractors) as the case may be, against all losses, damages, expenses, obligations, actions, claims, costs, demands and proceedings whatsoever, that FW may incur, sustain, suffer or be put to at any time as a consequence of or resulting from or related to: (a) your access and use of the Platform and/ or the Services; (b) any failure to comply with these Terms; or (c) acting on or omitting or refusing to act on any instructions given by You or otherwise for use of the Services; or (d) any third-party actions related to Your receipt and use of information, whether authorized or unauthorized; or (e) any act of negligence, misconduct, or fraud committed by You; or (f) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (g) any claim that the User Generated Content you submitted caused damage; or (e) Your violation of any applicable laws, rules, or regulations in relation to transactions on the Platform.
- Your indemnification obligation under these Terms will survive termination of these Terms and your use of the Platform and/ or Service(s).
15. BANK DETAILS
- You confirm that the bank account details provided on the platform belong to you, and that you are the primary account holder. You agree that any refunds or redemptions will be credited to this specified account.
- You declare that the Debit Card, Netbanking account, UPI or ACH mandate used for transactions is linked to your bank account, where you are the primary account holder.
16. FEES & CHARGES
- In lieu of the Service(s) provided, FW may receive a fee/ commission from the Product Provider(s). You have no objection to the same. You confirm that FW has disclosed to you all commissions (trail commission or otherwise) paid to FW for various competing schemes from different mutual funds/ AMCs/ Product Providers.
- Except as stated otherwise, any fees or amounts paid for access to Our services are non-refundable, regardless of the reason for cancellation or termination.
- There may be an exit load applicable to certain Product schemes which would be mentioned in the respective offer documents including Scheme Information Document (SID) /Key Information Memorandum (KIM) and addendums issued thereto from time to time.
17. DE-REGISTRATION & TERMINATION
- You may choose to end Your use of/ terminate/de-register with the Platform by submission of written request for the same, in the form and manner as may be prescribed by FW. Should you choose to withdraw any of the consents provided by you hereunder, you may submit a written request for the same.
- FW may, at sole its discretion, revoke Your access to the Platform or any portion of it or withdraw temporarily or terminate the Services, either wholly or in part, at any time without giving prior notice to you, if it suspects that any information / authorizations / consents that you have provided are untrue, inaccurate, not current, withdrawn or incomplete and/ or if You are found to be in breach of any of these Terms and/ or if FW learns of Your death, bankruptcy or lack of legal capacity and/ or if You misuse the pin/ login credentials, if You attempt to assign or transfer any rights granted to You specifically resulting in any consequences to any party and/ or for any other reasons that FW may deem to be reasonable grounds for withdrawal/ revocation/ termination. FW shall endeavor to give a reasonable notice for withdrawal or termination of the Services.
- It is clarified for avoidance of doubt that termination of these Terms, shall not relieve you of any liability incurred prior to the date of such termination.
- The Terms by their nature and content are intended to survive even after termination of the Services hereunder. Revocation/ withdrawal/ termination of access/ use to the Platform / Services by FW shall not impact any legal or equitable rights that FW may be available to/ entitled to.
18. MISCELLANEOUS TERMS
- You understand that FW processes mutual fund transactions through the NSE NMF platform and will process your instructions on a best-effort basis. If your instructions are received before the cut-of time set by NSE NMF, they will be processed on the same business day. If not, they will be processed on the next business day. NSE NMFs cut-off time may differ from as well as may be earlier than those set by the AMC or SEBI. You accept that you will not hold FW responsible for any losses—whether actual or perceived—resulting from:
- Delays attributable to third parties like the Bank, RTA, NSE NMF and AMC.
- Rejection of instructions by the Bank, RTA, NSE NMF and AMC.
- Processing of instructions authorized by your login credentials.
- Unavailability or inaccessibility of the FW website, phone lines, or offices due to unforeseeable circumstances beyond FW’s control.
- You understand that FW will assist You in maintaining your asset allocation according to your risk profile but will not be held responsible or liable to you for any losses—whether actual or notional/ perceived or otherwise—arising from investments or withdrawals from mutual fund schemes.
- You acknowledge that if you place a redemption request (full or partial) from a channel other than FW, the available withdrawal amount displayed on the FW Platform may not be accurate, which could lead to failed or partially completed redemption requests. The result of which shall not be the responsibility or the liability of FW and shall be your responsibility alone.
- You understand that after your withdrawal request is processed, it may take up to 1 business day (for debt funds) or 3 business days (for equity funds) for the funds to be credited to your bank account. It shall be your responsibility to ensure that the bank account details displayed during the redemption request are accurate, and that you are the primary account holder of that bank account. You authorize the AMC to use this bank account for processing the redemption.
- You understand that you are required to read and understand all mutual fund related documents as there may be early exit charges as per the Scheme Information Document (SID), Statement of Additional Information (SAI), or Key Information Memorandum (KIM) of the scheme(s) you choose on the Platform.
- You declare that the amount you are investing comes from legitimate sources and is not intended to violate any Acts, Rules, Regulations, Notifications, or Directives, including the Income Tax Act, Anti-Money Laundering Laws, Anti-Corruption Laws, or any other applicable laws in India. You also confirm that you have not received, nor been influenced by, any rebates or gifts, directly or indirectly, in making this investment, and that the funds being invested legally belong to You.
- You further declare that you are not a politically exposed person nor are you related to any person who is a politically exposed person.
- Failure by FW at any time to enforce any of your obligations or to claim a breach of any Term or to exercise any power agreed to hereunder or under any other document executed by You in its favour will not be construed as a waiver of any right, power or obligation under these Terms and it will not affect any subsequent breach and will not prejudice FW as regards any subsequent action.
- Your rights hereunder may not be assigned, in whole or in part, by you.
- You hereby agree, undertake to be bound by such other product specific terms and conditions and shall execute such other documents as may be required by FW for effectively rendering the Services, from time to time. You understand that if the requisite additional documents, as required by FW, are not provided within the specified time frame, FW may, at its sole discretion and without any further intimation, freeze the relationship(s) with you and prevent any further transactions being executed till such time the documents are provided.
- You further give your consent to be contacted on the Registered Number provided by You for receiving information on the products and Services offered by FW.
- This document is an electronic record generated by a computer system and does not require any physical or digital signature as per the Information Technology Act, 2000.
- Services relating to Insurance and wellness are provided by FW’s affiliates and/ group companies. Insurance broking services are provided by Finhaat Insurance Broking Private Limited (IRDAI registration number 820), while wellness services are facilitated by Finhaat Wellness Private Limited. FW does not provide these services. The said services are operated independently by the respective affiliates. FW / the Platform merely provides a link to access/ buy insurance on Finhaat Insurance Broking Private Limited’s insurance website. However, it is clarified that FW has no control over such third-party websites. You acknowledge and agree that under no circumstances shall FW be liable for Your using the services offered or provided by any third-party service provider including Finhaat Insurance Broking Private Limited and Finhaat Wellness Private Limited. Further, with your specific consent, FW may fetch Your insurance related data from Finhaat Insurance Broking Private Limited and populate Your investment dashboard with this information.
19. GOVERNING LAW & JURISDICTION
The use of this Platform / Services/ the Terms are governed by and are subject to the laws of India. By accessing / using the Platform/ Services, You agree to submit to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India for any disputes relating to/ arising out of the use/ access of the Platform/ Services. Access / use of the Platform is prohibited in any jurisdiction that does not enforce all provisions of these terms and conditions, including this clause.
20. SEVERABILITY
If any part of these Terms is found invalid, it will be considered severable and will not affect the validity or enforceability of the remaining Terms. Amendments to these Terms can only be made by FW.
21. FORCE MAJEURE
FW shall not be held liable and responsible for any delays or defaults, also cases where a transaction does not proceed, is delayed, or if FW fails to meet its obligations due to any unforeseeable circumstances beyond its control. In such cases, FW's obligations will be suspended for the duration of the Force Majeure Event. A "Force Majeure Event" includes events beyond FW's reasonable control such as communication system failures, breaches, viruses, sabotage, pandemics, riots, terrorist actions, natural disasters, civil unrest, strikes, war, government actions, hacking, unauthorized data access, computer malfunctions, technical errors, power outages, etc. This list does not cover all the events that can be categorized as Force Majeure Events and shall include any circumstances that may be beyond the control of FW.
22. MODIFICATION/ AMENDMENT
FW shall have the absolute discretion to amend or supplement any of the Terms, features and benefits in relation to the Platform/ Services. FW may communicate the amended Terms by hosting the same on the Platform or in any other manner as decided by it. You shall be responsible for regularly reviewing these Terms, including amendments thereto as may be posted on the Platform and You shall be deemed to have accepted the amended Terms by continuing to use the Services.