Terms and conditions of use
Terms and conditions of use
Our relationship with you is our most important asset. We want you to feel comfortable and confident when using our Platform (defined hereinafter) and the Services (defined hereinafter). The objectives of these Terms and Conditions of Use (“Terms”) are to inform you of the terms which apply to your access to the Platform and Services, what we expect from you, and what you can expect from us as you use and interact with our Platform and the Services provided by us, our Strategic Partners and third party service providers. Further, you would learn about the following:
(a) our policy regarding the changes and updates to these Terms;
(b) description of the Platform and the Services offered by us, our Strategic Partners and third party service providers;
(c) sign-up process and information required by us;
(d) conditions regarding use of the Platform and the Services;
(e) terms of use and conditions regarding the information made available by us on the Platform;
(f) intellectual property rights and ownership of the content on our Platforms and the conditions of use of such content;
(g) Know Your Client (“KYC”)requirements;
(h) our policy regarding the communications and notifications sent by the Platform;
(i) disclaimers, limitation of liability and indemnification obligations in relation to the Services provided; and
(j) legal rights and obligations in case of violation of these Terms by you.
These Terms apply to and govern the use of or access to the website www.cleartax.in, and on its mobile/web applications (hereinafter, collectively referred to as the “Platform”), by the user (hereinafter, “you”, “your”, or “User”). The Terms shall apply to the User in relation to the relevant Services availed on the Platform.
The Platform is provided by YouTaxClub (hereinafter, “Service Provider” or “our” or “we” or “us”), having its registered office at N6/469, First Floor, IRC Village, Nayapally, Bhubaneswar, Odisha-751015
User and Service provided are each a “Party” and collectively the “Parties”.
These Terms are an electronic record in terms of the (Indian) Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time (“IT Act”). This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms are published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 framed under the IT Act (as amended from time to time), that require publishing the terms of services and practices for access or usage of Platform and Services. These Terms constitute a binding and legally enforceable contract between the SERVICE PROVIDER and User (as defined below). By registering on or using the Platform or availing the Services, you agree to be bound by the Terms. If you are using the Platform on behalf of an organization, you are agreeing to the Terms on behalf of that organization (in which event, “you”, “your” or “User” will refer to that organization).
The Terms and the Privacy Policy apply to the ERI services.
You represent that you are at least 18 (eighteen) years of age and have not been previously suspended or removed by the SERVICE PROVIDER, or disqualified for any other reason, from availing the Services or using the Platform. In addition, you represent and warrant that you have the right, authority and capacity to agree to the Terms and to abide by them. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. In the event of any violation of the Terms, the SERVICE PROVIDER reserves the right to suspend or permanently prevent you from availing the Services or using the Platform.
If you do not agree to be bound by these terms, you must not use the Platform. By continuing to use the Platform or the Services you expressly agree and undertake to be bound by these terms. Subject to applicable laws, these Terms (and any changes thereto) will become applicable to you retrospectively on and from the date of your first use of the Platform.
1. Changes to these Terms
1.1. Please note that these Terms may change from time to time. We reserve the right to modify or amend these Terms. While we will make reasonable efforts to keep you posted on any updates to these Terms, to make sure that you are aware of any changes, we encourage you to periodically review them whenever accessing or using the Platform to be continuously aware of the changes that we may be carrying out to these Terms.
1.2. The “Last Updated” date at the top of the Terms indicates when the most recent modifications were made to the Terms. In the event we modify these Terms, by continuing to access and use the Platform, you will have confirmed your acceptance to any such modifications. Your continued use will be adequate proof that you have expressly agreed to the terms of these Terms which shall apply from the date of your first use of the Platform. In addition, when using the Platform, you will be subject to any posted guidelines, supplementary terms, policies, or disclaimers made available or issued by us from time to time. All such supplementary terms, policies, guidelines or disclaimers are hereby incorporated by reference into these Terms.
1.3. If you have any comments or questions regarding the Terms, or wish to report any violation of the Terms, you may contact us .
2. About the Platform and the Services
2.1. The Platform is primarily a technology service provider which inter-alia provides (i) software solutions and access to services, for Goods and Services Tax (“GST”) compliances, and (ii) you the ability to avail expert assisted tax filing services and other managed services such as services pertaining to compliance with GST laws; (iii) you with the ability to browse, evaluate, compare, subscribe and redeem various financial products and avail execution services (iv) you with finance management, accounts and ledger management, invoice creation and management, functionalities to search GST public records, and payment record management services and generation of reports, and (v) you with, (a) tax management services such as ability to verify tax filing status of returns filed under various tax laws; (b) ability to download returns such as GST returns, challans; (c) tax information services such as information on compliance deadlines for tax returns and other statutory forms, and relevant tax related news published on the internet. While it is not mandatory for you to use the execution services, certain features of the Platform may not be accessible to you in such case.
2.2. The Platform also allows you to avail the Services (defined hereinafter) directly from the Service Provider, its Strategic Partners, and third-party service providers associated with Service Providers from time to time, and the Platform facilitates communication with such Strategic Partners and third parties for availing the Services.
2.3. The services rendered by Service Provider and other Strategic Partners and third-party service providers are collectively referred to as “Services”.
2.4. GST Services.
2.4.1. You agree that you will follow and adhere with the GST guidelines, prepared, proposed and updated from time to time including the GST web portal terms and conditions and privacy policy.
2.4.2. You represent that you are a duly organised and validly existing entity (as applicable) under the laws of India and accordingly have full power and authority to perform your obligations, as may be required, as per the GST terms and conditions and by engaging on the Platform, you will not be in contravention of any applicable laws.
2.4.3. In the event You access only GST through our Platform, you agree and undertake that You shall not implement any technology to store any of your client’s data and/or confidential information of any nature (whether wholly or partially), in our servers or cloud. To the extent that you avail any other Services aside from the GST, you expressly consent to us retaining the aforesaid information.
2.4.4. You agree and acknowledge that GST may prescribe other standards and specifications that it may deem necessary, from time to time in its sole judgment in relation to GST services which shall be binding on you without any objection.
2.4.5. You hereby agree and acknowledge the service provider shall not have any responsibility or liability in relation to failure of any activity, if such activity may have been initiated by you or your client or by the SERVICE PROVIDER on your behalf, and that has failed or delayed on account of the process of authentication and acceptance of your or your client’s data by the GST system or otherwise, including but not limited to failure or delay as a result of, network or connectivity failure, device or application failure, GST system’s failure, possible down time at GST System’s end or any other technical or non-technical error of any nature, whether foreseen or unforeseen at the time of use of the Services.
2.4.6. In case of any additional obligations are imposed by GST department on the Service Provider pursuant to its arrangement, you agree and acknowledge that the such additional obligations shall be binding on you.
2.4.7. You acknowledge that the service provider will be maintaining records of all the transactions in relation to the GST services provided on its Platform, as required under applicable laws and GST authorities will have the right to conduct audit of your records without any notice.
2.4.8. By agreeing to these Terms, you have provided your express consent and acknowledge that the service provider will retain/ store your data and confidential information, of any nature (either wholly or partially), in the SERVICE PROVIDER’s servers or cloud or otherwise in any other medium as may be transmitted/ processed/ passed through the Platform.
2.4.9. You agree that you have put all compliance, certifications, and security systems in place in order to ensure secure data transmission by your network to the Platform, without any exposure of breach, theft or loss of data.
3. Use of and Access to the Platform
3.1. You agree to use the Platform only for lawful purposes, and that you are responsible, liable and accountable for all activities that take place through your use of Platform or availing the Services. We exclude any liability arising out of use of the Platform.
3.2. You understand, accept and agree that the payment facility provided by us is neither a banking nor financial service, but we merely act as a facilitator providing an electronic payment option, automated online electronic payment option, for the transactions on the Platform using the existing authorized banking infrastructure and the payment gateway/payment aggregator networks. Further, by providing payment facility, we are neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction.
3.3. Service Level Terms: We will use commercially reasonable efforts to provide you the Platform. We will provide you with reasonable technical support services in accordance with our standard practices. We do not make any commitment that the Platform will be available at all times or during any down time (a) caused by outages to any public Internet backbones, networks or servers, (b) caused by any failures of your equipment, systems or local access services, (c) for previously scheduled maintenance, (d) caused by any third party vendor or service provider of the SERVICE PROVIDER, (e) caused by any failure of systems or servers of any third party including that of the government and its authorities and/or financial institutions such as asset management companies or any financial intermediaries, (f) attributable to events such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, hacking, phishing or interruptions in Internet services to an area where the SERVICE PROVIDER or its servers are located or co-located, or (g) required pursuant to instructions received by us from any governmental or regulatory authority.
3.4. Updates: From time to time, we may provide upgrades, patches, enhancements, or fixes for the Platform to you generally without additional charge and such updates will become part of the Platform and subject to the Terms. Notwithstanding the foregoing, we shall have no obligation under these Terms or otherwise to provide any such updates. You understand that the SERVICE PROVIDER may cease supporting old versions or releases of the Platform at any time in its sole discretion.
3.5. By accessing or using the Platform or by availing Services, you agree not to:
3.5.1. host, display, upload, modify, publish, transmit, update or share any information (if provided with the functionality to do so on the Platforms) that:
(a) belongs to another person and to which the user does not have any right;
(b) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws of India;
(c) is harmful to minors;
(d) infringes any patent, trademark, copyright or other proprietary rights
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(g) impersonates another person;
(h) threatens the unity, integrity, defence, security or Sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states;
(i) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
3.5.2. violate the Terms or any law for the time being in force;
3.5.3. conduct or forward surveys, contests, pyramid schemes or chain letters involving the Services;
3.5.4. impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity
3.5.5. infringe our or any third party’s patent, trademark, copyright or other intellectual property rights, proprietary rights, rights of publicity or privacy;
3.5.6. use the Services if you are under the age of 18 (eighteen) years;
3.5.7. post or transmit any message (if provided with the functionality to do so on the Platforms) which discloses private or personal matters concerning any person or, is grossly harmful, harassing, hateful and/or disparaging;
3.5.8. post or transmit (if provided with the functionality to do so on the Platforms) any message, data, image or program which is blasphemous, vulgar, or offensive in nature;
3.5.9. refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to us;
3.5.10. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform and Services or features that enforce limitations on the use of the Services or the Platform;
3.5.11. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Services or Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
3.5.12. use the Services or the Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation,
3.5.13. using the Services or the Platform in an automated manner;
3.5.14. modify, adapt, translate or create derivative works based upon the Services and Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
3.5.15. intentionally interfere with or damage operation of the Services or the Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file/ programme with contaminating or destructive features or which are designed to interrupt, destroy or limit the functionality of any computer resource;
3.5.16. use any robot, spider, other automatic device, or manual process to monitor or copy the Platform without prior written permission;
3.5.17. take any action that imposes an unreasonably or disproportionately large load on our infrastructure/network;
3.5.18. use the facilities and capabilities of the Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
3.5.19. use the Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Platform, except and only as expressly provided in the Terms;
3.5.20. use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to us, a third party or you.
4. Information
4.1. While we use commercially reasonable efforts to facilitate provisions of the information, information on compliance deadlines for filing various tax returns and other statutory forms, status of your investments, etc on the Platform, we are not responsible for any errors or omissions, or for the results obtained from the use of or reliance on this information. Specifically, certain links in Platform may connect to other websites maintained by third parties over which we have no control. If you access such links, your use of the third party websites will be governed by the policies of such websites. We encourage you to review the terms and policies of such websites.
4.2. Any information, information on compliance deadlines for filing various tax returns and other statutory forms; relevant tax related news; and any other regulatory news made available through the Platform is for general guidance on matters of interest only. In particular, impact of laws and regulations can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in such information. Accordingly, the information provided through or in relation to this Platform is so done with the understanding that we are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Before making any decision or taking any action, you should consult a professional advisor. You acknowledge that the provision of the Platform or Services does not constitute the provision of any specific advice nor any other professional services or advice of any kind (including any tax services). Any use of the Platform or Services (including reliance on any of the contents therein) is at your sole risk.
4.3. While we use reasonable efforts to facilitate the information made available through the Platform is being obtained from reliable sources, we are not responsible for any errors or omissions, or for the results obtained from the use of or reliance on this information.
4.4. We do not make any representations as to the accuracy or any other aspect of information contained in other websites. All information made available through the Platform is provided “AS IS”, with no guarantee, representation, or commitment of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
5. Know your Customer/ Client Requirements
5.1. You agree and provide your express consent to provide certain information and documents that may be necessary to ascertain your eligibility to use the Platform or avail the Services including but not limited to your KYC Documents to us, to entities for whom we act as a technology facilitator and Platform provider including but not limited to Right Horizons , to online payment gateways, operators and aggregators, and, or to our affiliates to use, copy, transmit, process, store, share, analyse, make derivations, and back-up such KYC Documents and information. For the purpose of these Terms, ‘KYC Documents’ shall mean to include mobile number, mother’s name, father’s name, email address, password, date of birth, gender, PAN, signature, marital status, nominee details, cancelled cheque, photograph and video recording, etc. and other information which may be sought either during Sign-up or at any stage later. You agree and warrant to provide valid, true, complete, and up-to-date KYC Documents. You acknowledge and agree that any incorrect or misleading information provided shall constitute a material breach of these Terms.
6. Communication Policy
6.1. You agree to receive communications from the SERVICE PROVIDER regarding: (i) information relating to use of the Platform or Services; (ii) information about the SERVICE PROVIDER and the Services; (iii) promotional offers and services from the SERVICE PROVIDER and its Strategic Partners and third party partners, and (iv) any other matter in relation to the Services. In case you access the Platform on behalf of a third party (after obtaining their prior consent), you acknowledge and agree that we are permitted to send any or all of the above communications to your customers or other third parties whose information you have made available on the Platform.
6.2. We may send alerts to the mobile phone numbers provided by you, either of yourself or your customers or any third parties, via e-mail, SMS, WhatsApp messages or push notifications or any other means. If your mobile number is registered in the Do Not Disturb (“DND”) list of Telecom Regulatory Authority of India, you may not receive SMS from us. In such case, you will be responsible for taking all steps to deregister from the DND list and will not hold us liable for non-receipt of SMS.
6.3. We shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold the SERVICE PROVIDER liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
6.4. The SMS/e-mail alert/push notification service provided by us is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. You shall not hold the SERVICE PROVIDER liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
6.5. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the network service provider. We shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
6.6. You understand that the SERVICE PROVIDER cannot and does not guarantee or warrant that files available for download through the Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of internet security and for accuracy of data input and output.
7. Third party Services on the Platform.
7.1. Our Platform includes products and services made available by third party service providers. These third party service providers may have additional terms that apply to you. You agree to be bound by such other additional terms. Third-party products and services are subject to terms and conditions and privacy policies set by their providers. These include how the provider will use your data that you make available to them. The descriptions of third-party products and services that we publish, and any associated links, have been provided to us by the providers. The providers are solely responsible for any representations contained in those descriptions. We don’t endorse or assume any responsibility for third-party products or services.
7.2. We make no representations and hereby expressly exclude all warranties and liabilities arising out of or pertaining to such third-party services, including their accuracy or completeness. Further, all intellectual property rights in and to third party services are the property of the respective third parties.
8. Termination of Access to the Platform
We may terminate or suspend your access to Platform or access to all or any of data: (i) at our discretion; (ii) if you fail to comply with these Terms or the Privacy Policy; (iii) in case of inactivity for long periods; or (iv) in case of any fraud, insolvency or bankruptcy in relation to you. You agree that our right to terminate does not depend on whether you breach these Terms or not.
9. Warranties and Disclaimers
9.2. We are a technology Platform service provider. We are not and will not be responsible for any claim or for any damages suffered, whether by you, the third parties of the Users whose information is recorded on the Platform, or any other person or party, that are related, directly or indirectly, to or arise out of the same including any payments made by you or by any third parties of the User using the payment link generated using the Platform.
9.2. YOUR USE OF THE PLATFORM AND THE SERVICES IS AT YOUR SOLE RISK. THE PLATFORM, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE PROVIDER, ITS STRATEGIC PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICE PROVIDER MAKES NO WARRANTY THAT: (I) THE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE PLATFORM OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE PLATFORM OR THE WEBSITES WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE PLATFORM OR THE WEBSITES WILL BE CORRECTED.
9.3. You acknowledge and agree that certain Services provided on the Platform are further dependent on the functioning of the technology infrastructure of various third parties including that of the government agencies and, or statutory authorities. You agree that the SERVICE PROVIDER shall not be liable or responsible for any discrepancy in the Services owing to delay or failure of any activity by any such third parties including but not limited to delay or failure by government agencies and, or statutory authorities such as Goods and Services Tax Network, National Informatics Centre. The delay or failure may be as a result of, network or connectivity failure, device or application failure, GST’s System’s failure, possible down time at GST System’s end or any other technical or non-technical error of any nature, whether foreseen or unforeseen.
10. Exclusion of Damages
WE SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE PLATFORM OR THE SERVICES; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE PLATFORM; (V) FOR ANY DISPUTES BETWEEN USERS OF THE PLATFORM OR THE SERVICES, OR BETWEEN A USER OF THE PLATFORM OR THE SERVICES AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE PLATFORM OR THE SERVICES, OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES US OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE SERVICE PROVIDER AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE PLATFORM OR THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
11. Indemnification
11.1. Notwithstanding anything contained in this Agreement, you agree to defend, indemnify and hold harmless the SERVICE PROVIDER (and its affiliates, officers, directors and employees) upon demand from and against any and all damages, actions, proceedings, claims, demands, costs, losses, liabilities, diminution in value, loss of earnings, profits and revenue, opportunity costs, expenses (including court costs and reasonable attorneys’ legal fees) in connection with, arising out of, or in relation to (i) breach or non-compliance of its obligations, consents, grants, undertakings, representations or warranties under these Terms, and (ii) misrepresentation, negligence, fraud, wilful concealment and misconduct (iii) misuse of the Services and Platform for any illegal or unauthorised purposes; (iv) any injuries to persons or damage to property, body, business character, reputation including theft, resulting from your acts or omissions; (v) any claims by a third party on SERVICE PROVIDER for the acts committed or omitted by you; and (vi) any violation of applicable law.
11.2. You agree that any violation by you will constitute an unlawful and unfair business practice, and will cause irreparable harm to the SERVICE PROVIDER and/ or its Strategic Partners and third party service providers, as the case may be, for which monetary damages would be inadequate, and you consent to the SERVICE PROVIDER obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the SERVICE PROVIDER may have at law or in equity. If the SERVICE PROVIDER takes any legal action against you as a result of your violation of these Terms, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
12. Miscellaneous
12.1. Notice: All notices, requests, demands, approvals, requests for approvals or other communications under the Terms shall be in writing. Notice will be sufficiently given for all purposes as follows: (i) upon delivery when personally delivered to the recipient, (ii) upon receipt when mailed by certified mail (iii) upon delivery when delivered by recognized international overnight courier, and (iv) upon receipt when sent by fax with confirmation.
12.2. Merger/Modification: Each Party acknowledges that it has read the Terms, it understands it, and agrees to be bound by its terms, and further agrees that this is the complete and exclusive statement of the Terms between the Parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the Parties relating to the Terms.
12.3. Governing Law and Jurisdiction: These Terms shall be governed by and construed and enforced in accordance with the laws of India. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in New Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by us. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto. Subject to other provisions in this Clause, courts in New Delhi shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
12.4. Investment Activity Caution and Advisory: Investment in the securities market (including mutual fund investments) are subject to market risks, please read all investments, offer and scheme-related documents carefully, before investing. For the purposes of these Terms, the term “Offer Document(s)” shall refer to a collective term for Offer Document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum, issued that manages the mutual fund or the issuer of the relevant financial product. There is no guarantee for any returns on investments made in mutual fund scheme(s). Past performance of mutual funds/schemes do not indicate the future performance of the schemes and may not necessarily provide a basis of comparison with other investments.
12.5. Morning Star Disclaimer: You acknowledge and agree to the following disclaimer provided by Morning Star India Private Limited© 2020 Morningstar. All rights reserved. The Morningstar name is a registered trademark of Morningstar, Inc. in India and other jurisdictions. The information contained here: (1) includes the proprietary information of Morningstar, Inc. and its affiliates, including, without limitation, Morningstar India Private Limited (“Morningstar”); (2) may not be copied, redistributed or used, by any means, in whole or in part, without the prior, written consent of Morningstar; (3) is not warranted to be complete, accurate or timely; and (4) may be drawn from data published on various dates and procured from various sources and (4) shall not be construed as an offer to buy or sell any security or other investment vehicle. Neither Morningstar, Inc. nor any of its affiliates (including, without limitation, Morningstar) nor any of their officers, directors, employees, associates or agents shall be responsible or liable for any trading decisions, damages or other losses resulting directly or indirectly from the information.
12.6. Severability: If any provision of the Terms is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted and all other terms and provisions of the Terms shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any Party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties shall negotiate in good faith to modify the Terms so as to effectuate the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.
12.7. Waiver: A waiver by either Party of any terms or conditions of the Terms in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations and agreements contained in the Terms shall be cumulative, and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either Party.
12.8. Relationship of Parties: The Parties are not employees, agents, partners or joint ventures of each other. You shall not have the right to enter into any agreement on behalf of the SERVICE PROVIDER.
12.9. Entire Terms: The entire understanding between the Parties hereto relating to the subject matter hereof is contained herein and the Parties make no warranties, representations or undertakings hereto except as expressly provided herein.
12.10. Assignment: Notwithstanding anything contained herein, you agree and covenant that the SERVICE PROVIDER may, at its sole discretion, be entitled to assign its rights and obligations under this Terms to any of its affiliates or to any entity, and in such case, such affiliate or entity shall be entitled to enforce these Terms.
12.11. Survival: Notwithstanding any termination, cancellation or expiration of the Terms, the provisions hereof that are intended to continue and survive, shall continue and survive.
12.12. Expenses: Except as otherwise specified in the Terms, all costs and expenses, including fees and disbursements of counsel, financial advisors and accountants, incurred in connection with the Terms and the transactions contemplated in the Terms shall be paid by the Party incurring such costs and expenses.
12.13. Force Majeure: Neither Party shall be liable for a failure or delay in performing any of its obligations under the Terms if, but only to the extent that, such failure or delay is due to causes beyond the reasonable control of the affected party, including, but not limited to (1) acts of God; (2) fire or explosion (except to the extent caused by the negligence or willful misconduct of the affected party); (3) unusually severe weather; (4) war, invasion, riot, or other civil unrest; (5) governmental laws, orders, restrictions, actions, embargoes, or blockages; (6) national or regional emergency; and (7) injunctions, strikes, lockouts, labor trouble, or other industrial disturbances; provided that the party affected shall promptly notify the other of the force majeure condition and shall exert reasonable efforts to eliminate, cure, or overcome any such causes and to resume performance of its obligations as soon as practicable.
12.14. Maintenance of Records: You shall maintain the records independently of the Platform (by way physical copies et cetera) and the SERVICE PROVIDER reserves the right to seek copies of such records for their own use including record keeping. You acknowledge and agree that SERVICE PROVIDER shall have the right to retain your information for as long as it deems fit and to be in compliance with applicable provisions of the law.
12.15. Fees: The SERVICE PROVIDER reserves the right to charge fee for the Services and non-payment may result in denial of Services.
12.16. Contact Us: If there are any questions or grievances or complaints regarding these Terms, you may contact us at the address given our contact session
13. General terms for making online payments
13.1 To use the services of the online payment gateway/ payment aggregator service provider, the User shall disclose the exact business category and/or the business sub-category for which it will be using the payment gateway/payment aggregator services. If the User uses the payment gateway/payment aggregator services for any other purpose, the User understands and acknowledges that it shall notify the payment gateway/ payment aggregator service provider and the SERVICE PROVIDER in writing of such change and such change shall be subject to the approval of the payment gateway/ payment aggregator service provider who may include other terms and conditions as it may deem fit.
13.2 In the event You are using any of the Services on the Platform, you agree to provide the SERVICE PROVIDER, as and when necessary, the KYC Documents and other documents requested, including Aadhar card, shops and establishments certificate, utility bills, registrations with tax authorities, memorandum of association, certificate of incorporation, PAN, partnership deed, powers of attorney, etc., and/or any other documents as required under the guidelines, rules and/or regulations issued by the Reserve Bank of India, National Payments Corporation of India, and any other regulatory authorities set up under any applicable laws (“Regulatory Authorities”). The User also expressly consents to the SERVICE PROVIDER forwarding the such documents to the payment gateway/ payment aggregator service provider or Regulatory Authorities.
13.3 The User shall indemnify the SERVICE PROVIDER from and against all losses and damages suspicion in case User engages in any fraudulent, illegal or doubtful payment transactions, online selling of banned items under applicable laws, such as:
(a) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services;
(b) Body parts which includes organs or other body parts;
(c) Child pornography which includes pornographic materials involving minors;
(d) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
(e) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials; Copyright infringing merchandise;
(f) Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
(g) Products labeled as “tester,” “not for retail sale,” or “not intended for resale”;
(h) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;
(i) Products that have been altered to change the product’s performance, safety specifications, or indications of use;
(j) Drugs and drug paraphernalia which includes hallucinogenic substances, illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
(k) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
(l) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction;
(m) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
(n) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
(o) Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts;
(p) Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred;
(q) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;
(r) Pyrotechnic devices (apart from the ones mentioned in the Restricted category), hazardous materials and radioactive materials and substances;
(s) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
(t) Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India;
(u) Merchant who deal in websites depicting violence and extreme sexual violence; or
(v) Bestiality.
13.4 The User acknowledges the SERVICE PROVIDER and the payment gateway/ payment aggregator service provider reserves the right to limit or restrict any transaction size, amount and/or monthly volume at any time. For the purpose of clarity, such limitations or restrictions may be imposed for the following reasons including but not limited to limits/restrictions on the number of purchases which may be charged on the User’s account during any time period, rejection of payment in respect transactions with a prior history of questionable charges, unusual monetary value of transaction, etc. Further, as a security measure, the SERVICE PROVIDER and/ or the payment gateway/ payment aggregator service provider may at its sole discretion block any account numbers or transactions from any specific blocked or blacklisted accounts, group of internet protocol addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.
13.5 The User hereby agrees and acknowledges that the User shall be solely responsible and liable to pay all relevant taxes pursuant to usage of the payment gateway/ payment aggregator services.
13.6 Notwithstanding anything contained in these Terms, the User hereby irrevocably and unconditionally confirms and agree that that the payment gateway/ payment aggregator service provider and Regulatory Authorities reserve the right to reject payments with respect to any transaction for reasons including but not limited to unlawful, unenforceable, doubtful or erroneous transactions, chargebacks, refund, fraud, suspicious activities, authentication and authorization issues, overpayment made due to mathematical errors or otherwise, penalties incurred, transaction related issues, issues in relation to where the transactions were not made in accordance with the requirements of payment gateway/ payment aggregator service provider and/ or the Regulatory Authorities.
13.7 The User agrees to comply with all applicable rules, guidelines, instructions, requests and actions, etc. made by the payment gateway/ payment aggregator service provider and/or the Regulatory Authorities. The User further acknowledges that the payment gateway/ payment aggregator service provider and/or the Regulatory Authorities may also put limitations and restrictions on the User, at its sole discretion from time to time. In addition, the payment gateway/ payment aggregator service provider and the SERVICE PROVIDER has the right to reverse/reject payments, suspend and/or terminate services, make inspections or inquiries in relation to the transaction, etc. In the event any fines, penalties or other amounts are levied by the payment gateway/ payment aggregator service provider and/or the Regulatory Authorities on the SERVICE PROVIDER, then without prejudice to SERVICE PROVIDER’s other rights under law, the User shall forthwith reimburse the SERVICE PROVIDER an amount equal to the fines, penalties or other amount so levied or demanded.
13.8 The User agrees and expressly consents to provide the SERVICE PROVIDER any documentary evidence as may be required in relation to any disputes relating to rejection/ termination of transactions included any explanatory statements is support of such disputes.
13.9 The User expressly consents and agrees to (a) the SERVICE PROVIDER maintaining records in relation to the User’s transactions; and (b) maintaining records by itself in relation to the User’s transactions, for the purposes of inspection by the payment gateway/ payment aggregator service provider, and/or the Regulatory Authorities.
13.10 The User agrees to indemnify the SERVICE PROVIDER in respect of any claims, disputes, penalties, costs and expenses arising directly or indirectly in relation to refunds or chargebacks for all payment transactions initiated by the User on the Platform. In event of rejection of any payment by any payment gateway/ payment aggregator service provider and/or Regulatory Authorities and the SERVICE PROVIDER shall be not responsible to collect the payment from such payment gateway/ payment aggregator service provider or bank directly and in any case shall also not have any responsibility or liability in this regard.
13.11 The Users agree to comply with the KYC rules and regulations set out by the Regulatory Authorities and shall comply with the provisions of anti-money laundering laws, anti-bribery and anti-corruption in adopted by India, United States of America, Office of Assets of Control, United Kingdom and United Nations.
13.12 The User agrees and understands that the SERVICE PROVIDER and the online payment gateway service provider reserves the right to suspend the Payment gateway/payment aggregator services to the User until such time that the User does not discontinue selling such banned/illegal products or does not conform to all applicable laws and regulations in force from time to time.
14 Registration of the User
14.1. Access to Services will be granted by the SERVICE PROVIDER only to the Registered User once the User has enrolled.
14.2. User shall provide the required details and the documents for the purpose of the registration including:
- A valid email address has to be provided and a password has to be created.
- PAN Card details and a copy of the PAN card
- Mobile Number
- Aadhaar Card Details
- Know-Your-Client (“KYC”) details (as required for provision of services)
- Bank Account Details
- Address proof
- Photograph
- Signature
14.3. The above provided information/details shall be uploaded by the User in soft copy form on the Platform at the time of enrolment. Once the information is received by the SERVICE PROVIDER, and upon completion of the attestation requirements (if applicable), the documents shall be provided to the concerned regulatory authority/Mutual Fund SERVICE PROVIDER for the purpose of opening an Account with the SERVICE PROVIDER for the transaction to be made by the User.
14.4. During the registration process, the User will be prompted to sign on the mobile screen. The Platform will capture the signature of the User and will utilize only for the purpose of completing the registration formalities – namely, KYC form, account opening form and for account opening formalities with intermediaries (for instance, stock exchanges), as may be applicable from time to time. The signature does not allow the SERVICE PROVIDER to undertake any transactions.
14.5. In the event of any discrepancy being found in any of the information provided by the User, for example, information in any of the documents provided does not match with the corresponding documents, such mismatch shall lead to the rejection of the documents submitted by the User and an account will not be opened. The documents provided and/or any such personally identifiable information provided to the SERVICE PROVIDER, shall be stored and transferred by it in accordance with the privacy policy of the Platform.
14.6 User agrees that any and / or all information that may be provided to the SERVICE PROVIDER from time to time, including but not limited to contact information, address and tax related information or any other information required under existing or future KYC or other norms and laws, may be shared by the SERVICE PROVIDER with the regulatory authorities or their respective authorized service providers, auditors, legal and tax consultants in compliance with the User terms, the Privacy Policy and the extant legal provisions from time to time.
14.7 The Account of the User will be activated after the SERVICE PROVIDER completes the verification process on the information and documents provided at the time of enrolment and in accordance with the KYC guidelines issued under the applicable laws.
14.8 To the extent permitted under applicable laws, all information submitted by the User to the SERVICE PROVIDER (except for the personal identifiable information and KYC documentation provided by the User, which shall be by virtue of its nature, be deemed to be proprietary information of the User) whether through the Platforms or otherwise shall be deemed to be the property of the SERVICE PROVIDER, and it shall be free to use any ideas, concepts, know-how or techniques provided by such users at the Platform, in any manner whatsoever.
15. Transaction
15.1. The Registered User acknowledges that any transaction done or purported to be done by User on a business day would be processed within a reasonable time in accordance with the applicable laws,.
15.2. While the SERVICE PROVIDER shall make every effort to ensure adherence to the above timelines, it shall in no way be responsible or held liable for any delay thereof, including for loss of interest and / or opportunity loss and / or any loss arising due to movement in NAV or any other losses, liabilities, damages, costs, charges, expenses which the investor(s) may sustain, incur or suffer or be put to or become liable or incur directly or indirectly by reason or as a consequence of any delay thereof.
15.3. Purchase requests made through the Platform shall be processed only after funds sufficient to cover the purchase price and other costs and charges have been received. Payments towards the purchase price and other costs and charges shall be made by the Registered User through NEFT (National Electronics Funds Transfer) or the payment gateway or other electronic means made available by the SERVICE PROVIDER on the Platform.
15.4. The Registered User agree and acknowledge that Services provided herein are presently available with the SERVICE PROVIDER has entered into a separate arrangement.
15.5. Not all the products offered on Platform are available in all geographic areas and a User may not be eligible for all the products offered by the SERVICE PROVIDER on the Platform in case the User is a resident of such geographic area. The SERVICE PROVIDER reserves the right to determine the availability and eligibility for any product or service.
15.6 The SERVICE PROVIDER shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the SERVICE PROVIDER to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a force majeure event and in such case its obligations shall be suspended for so long as the force majeure event continues.
15.7 Investments made by persons from abroad may not be permitted in certain mutual funds. The SERVICE PROVIDER shall not be liable for rejection of an application by Mutual Funds, where the investor is from abroad or such other prohibited investors as may be specified in the respective scheme related documents from time to time.
15.8 The SERVICE PROVIDER shall not be liable for any direct or indirect loss or damage caused by reason of failures or delay to deliver any Units purchased, even though payments have been made for the same, or failure or delay in making payment in respect to any Units sold, though they may have been delivered and the Registered User shall hold the SERVICE PROVIDER harmless and free from any claim in respect thereof. The SERVICE PROVIDER shall also not be liable for any delay, failure or refusal in registering or transferring Units to the Registered User or for any interest, dividend or other loss caused to them arising therefrom.
15.9 The Registered User acknowledges that all orders for purchase or redemption of any financial products made through the Registered User’s account will be deemed to have been given by the Registered User, and the SERVICE PROVIDER will not be responsible for any unauthorised usage of the Registered User’s account.
15.10. We may implement surveillance mechanisms on any of the financial products or limits on subscription to financial products through the Platform. Further, we reserve the right to reject any order placed through the Platform for any reason, including as a result of surveillance mechanisms implemented by us.
16 Using KYC data of the investors
Registered User hereby allow the SERVICE PROVIDER to utilize their KYC information such as identity (name, PAN, age etc.), address and signature for sending it to the AMC for the purpose of availing the Services (including, without limitation validation of Account) and to comply with the legal and regulatory requirements. The Registered User agree and understand that they shall be solely liable to inform the SERVICE PROVIDER in case of any change in their KYC information including change in signature/ signatories etc.
17 User Undertaking
The Register User hereby acknowledge, agree and undertake that-
“I have read, understood and agreed to the terms of the relevant terms and conditions attached to the services and products offered by the Service Provider o.
For NRIs only – I / We confirm that I am/ we are Non-Residents of Indian nationality/origin and that I/We have remitted funds from abroad through approved banking channels or from funds in my/ our Non-Resident External / Non-Resident Ordinary / FCNR account.
I/We confirm that details provided by me/us are true and correct.
18 No Objection from The User
18.1. The Registered User acknowledges and grants no objection to the SERVICE PROVIDER to perform or place transaction requests for them on the Platform and at their own risk and cost, all or any of the following acts, deeds matters and things:
19 Fees and Charges
While currently, Services offered by the SERVICE PROVIDER are free of transaction charges, you acknowledge that the SERVICE PROVIDER reserves the right to charge fees in the future for it or any other services offered by it. Any such changes will be communicated by the SERVICE PROVIDER via email and will be displayed on the Platform. Under such circumstances, you have the option to transfer your assets out of your Account without incurring any costs payable to the SERVICE PROVIDER. The fees and charges levied will be subject to the terms of the relevant payment gateway service provider.
20 Online Payment – Payment Gateway Terms
20.1. The funds transfer for purchase of any classes/ services/ materials will be done by using an electronic payment gateway facility shall be offered for transaction on the Platform, through a third-party payment gateway service provider regulated by the Reserve Bank of India. The Registered User cannot use or permit the use of the payment gateway or any related services for any illegal or improper purposes.
20.2. The Registered User shall utilize the payment gateway at their own risk. These risks would include but not be limited to the following risks and the SERVICE PROVIDER disclaims all liability and responsibility for any claims, losses, damages, costs of whatsoever nature arising due to such risks:
(a) Misuse of Password: If any third party obtains access to user password of the Account, such third party would be able to transact on Platform.
(b) Internet Frauds: The internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect payment instructions given using payment gateway or the transactions done using Platform. Whilst the SERVICE PROVIDER shall aim to provide security to prevent the same, there cannot be any guarantee against such internet frauds, hacking and other actions. The Registered User shall separately evolve/evaluate all risks arising out of the same.
(c) Mistakes and Errors: The filling of applicable data for transfer would require proper, accurate and complete details. In the event of the Account receiving an incorrect credit by reason of a mistake committed by any third-party or the bank shall be entitled to reverse the incorrect credit at any time whatsoever without the consent of the Registered User, who shall be liable and responsible to accept any such instructions, without questions for any unfair or unjust gain obtained by the SERVICE PROVIDER as a result of the same.
(d) Technology Risks: The technology for enabling the transfer of funds and the other services offered by the electronic payment gateway and the SERVICE PROVIDER could be affected by virus or other malicious, destructive or corrupting code, program or macro. The SERVICE PROVIDER’s site or the bank may require maintenance and during such time it may not be possible to process the user request. This could result in delays in the processing of transactions/payment instructions or failure in the processing of transactions/payment instructions and other such failures and inability. The Registered User understand that the SERVICE PROVIDER disclaims all and any liability, whether direct or indirect, whether arising out of loss or profit or otherwise arising out of any failure or inability by bank and others to process any transaction/payment instructions for whatsoever reason. The SERVICE PROVIDER shall not be responsible for any of the aforesaid risks.
(e) Limits: The SERVICE PROVIDER may from time to time impose maximum and minimum limits on funds that may be transferred by virtue of the payment transfer service given. The Registered User realize and accept and agree that the same is to reduce the risks. They shall be bound by such limits imposed and shall strictly comply with them.
(f) Indemnity: Registered User shall indemnify the SERVICE PROVIDER from and against all losses and damages that may be caused as a consequence of breach by them of any of the terms specified by the electronic payment gateway service provider and the terms and conditions mentioned herein above.
(g) Authentication of the Transaction: Registered User are authorised to make transaction(s) only with and from the bank account(s) registered on the Platform. Banks have all the right to cancel, reject and/or unauthorise the transaction made by the Registered User, from any other account, details of which are neither registered nor provided to the SERVICE PROVIDER. Such payment which is rejected by the banks shall be notified or intimated to the Registered User, in the morning of the next business day.
20.2. Transaction Verification:
The transactions made by the Registered User, whether approved or rejected, using the Platform shall be subject to the following level of verifications:
20.3. The transaction will be rejected in case the bank account through which the payment is made, is not registered with the SERVICE PROVIDER or the payment gateway; and
20.4. Final rejection could be made by the AMC, upon receiving the transaction details.
21 Binding nature of above terms and conditions: By use of the Platform and clicking on ‘Continue/I Agree’ on the Platform, the Registered User expressly agree to all the above terms and conditions and such terms and conditions shall bind them in the same manner as if they have agreed to the same in writing.
22 Functions of the SERVICE PROVIDER
Registered User understand and unconditionally agree that any information contained in the SERVICE PROVIDER’s brochures or other materials or otherwise communicated by it shall not be construed as investment advice and that all decisions to purchase or sell Units made by the Registered User shall be on the basis of personal judgment arrived at after due consideration. The SERVICE PROVIDER does not in any manner:
23 Notices/Correspondence: Any notice or other correspondence addressed by the SERVICE PROVIDER to the Registered User may/shall be addressed to the address provided by the Users at the time of enrolment. If according to the Registered User, there is any discrepancy in the details of transaction or account of statement then, it shall be the responsibility of the User to intimate the same to the SERVICE PROVIDER in writing within 7 (seven) working days of receiving notice thereof, failing which such transaction, statement or account (as the case may be) shall be deemed to be correct and accepted by user and users shall not be entitled to question the correctness or accuracy thereof.
24 Termination of Services: The SERVICE PROVIDER may terminate the Services provided at any time in case of breach of the Terms (including these terms) provided that the Registered User shall not be relieved of obligations hereunder notwithstanding such termination incurred prior to the date on which such termination shall become effective.
25 Regulatory Caution: Mutual Fund investments are subject to market risks, read all scheme-related documents carefully.
26 Disputes: In the event of dispute between the Registered User and the SERVICE PROVIDER on accuracy of transaction details provided by the former on the Platform, the transaction logs maintained by the SERVICE PROVIDER will be the only source of data to verify the accuracy of such transactions.