Terms and Conditions
Terms and Conditions
Ltd. (WIFS) is in the business of distribution of financial products through its online technology platform. WIFS requests you to carefully go through these terms & conditions (Terms & Conditions) to avail the access to the distribution network of WIFS through its online technology platform. By registering with WIFS, you irrevocably accept all the obligations stipulated in the Terms & Conditions and agree to abide by them. Accessing the distribution network of WIFS on its online technology platform through any medium, including but not limited to the WIFS Websites on mobile phones, is also subject to these Terms & Conditions. These Terms & Conditions supersede all previous oral and written terms and conditions (if any) communicated to you. 1. Services I/We hereby agree to avail the service of access to the distribution network of WIFS through its online technology platform for the purchase and redemptions of units of mutual funds by me, on the terms and conditions mentioned herein (the Services). I/We agree that WIFS may at its sole discretion vary the terms and conditions or withdraw any of the facilities provided herein from time to time. I/We hereby irrevocably grant my no objection to WIFS to collate the transaction details relating to the mutual fund units done by me on the online technology platform of WIFS and transmit such transaction data to various asset management companies / mutual funds for further processing of my transactions. Access to the distribution network of WIFS for transaction of purchase and redemption of mutual fund units will be granted by WIFS only to customers who have a registered Investments Services Account (Registered Customers). I/ We agree and acknowledge that the Services provided herein are presently available in respect of select Mutual Funds only with whom WIFS has entered into a separate arrangement. Registered Customers will be able to only purchase, redeem and switch mutual fund units through this service. I/We agree that any and all information that may be provided by me to WIFS from time to time, including but not limited to contact information, address and tax-related information and any information required under existing or future KYC norms and laws, may be shared by WIFS with the mutual funds/asset management companies in compliance with existing legal norms and regulations, as may be amended from time to time. There may be an entry and/or exit load in mutual fund schemes, which are mentioned in the offer documents. I/We shall check the offer documents before investing. Investments from residents in the United States of America and Canada are not permitted in certain mutual funds. WIFS shall not be liable for rejection of an application by mutual funds, where investor is a United States and/or a Canadian resident. Purchase requests made through WIFS online technology platform shall be processed by the respective mutual funds/asset management companies only after funds sufficient to cover the purchase price and other costs and charges have been received by the respective mutual
funds/asset management companies. The payments towards the purchase price and other costs and charges shall be made by the Registered Customers directly in the name of the mutual fund scheme(s) through the payment gateway made available by WIFS on the online technology platform. If for any reasons the Registered Customer is unable to purchase or redeem the full quantity of units such as transacted by him/her through the online technology platform of WIFS, the respective mutual fund/asset management companies shall be entitled to process a lesser quantity of units/securities being purchased or redeemed (as the case may be) by such Registered Customer. In such a case, WIFS shall not be responsible for the nonexecution of transactions for the entire quantity or the remaining quantity of units/securities. Transaction right for Systematic Investment Plans (SIP) will be pursuant to the Registered Customer executing the instructions, in the manner and form as prescribed by WIFS on the online technology platform from time to time. The instructions will be applicable to all Systematic Investment Plans (SIP) transactions whether presently existing or to be opened in future. I/We agree that, upon granting such instructions for SIP transactions, I/We will be bound by the terms of the relevant SIP scheme of the mutual fund to which I subscribe.
next working day and will be processed accordingly. I/We acknowledge that the units of the scheme shall be allotted, redeemed or switched, as the case may be, by the respective Mutual Funds / AMCs at the Net Asset Value (NAV) declared on the date of my/our application for the concerned Mutual Fund as specified by WIFS and consistent with the terms of the Scheme. However, WIFS shall not be liable for any loss that may arise to me/us as a result of the incorrect NAV applied on units allotted to me/us by the Mutual Fund. I/We acknowledge that any transactions done on a holiday would be processed on the next business day and respective NAV would be applicable as per the Mutual Funds offer document. I/We acknowledge that transactions once placed cannot be cancelled.
3. No objection to WIFS I/We grant my/our no objection to WIFS to do or perform upon my/our placing of transaction requests on the online technology platform of WIFS and at my/our risk and cost, all or any of the following acts, deeds matters and things: 1. To forward my transaction data and requests to the respective mutual funds / asset management companies with respect to my instructions and orders of sale, purchase, transfer, splitting and consolidation of mutual funds units. 2. To transmit to the mutual fund and/or the corresponding assets management company my instructions with regards to nomination / changes in investments plan/any other changes.
I/We agree and acknowledge that any transaction done or purported to be done by me/us before the cut off times on a business day as may be intimated by WIFS to me/us from time to time, would be processed on the same day. Any transactions done on the online technology platform of WIFS after the prescribed cut off time will be deemed to be received on the
4. Multiple Investors in a Single Investment Services Account: I/We acknowledge that for a single Investment Services Account (Account), I/We can add multiple investors for investing in different mutual fund schemes. I/We agree that if I am/We are the Account holder, I/We must specify the name of an investor for every transaction performed in the Account. I/We acknowledge that if I/We am/are joining an Account as an additional investor, I/We have seen and accept all the Terms and Conditions applicable to, and accepted by Account holder. I/We further acknowledge that if a transaction is performed from a given Account nominating an investor in such Account, then such transaction will be deemed to be made by the nominated investor and will be binding on such nominated investor. I/We agree that all transactions made with regard to the Account will be binding on all investors mentioned in such Account.
The transactions for purchase or redemption of the units may be done through the online method as required by WIFS. I/We agree that WIFS reserves the right to remove or add any method of making instructions for purchase or redemption of the units at any time at WIFSs discretion. I/We agree that WIFS shall always have the right to change the modes of instructions for purchase or redemption of units. I/We agree and acknowledge that units purchased by giving instructions through any of the above modes will be instructed for redemptions through any of the above modes only. WIFS may refuse to transmit transaction data for the clients unless they are given in a manner and form acceptable to WIFS, and in accordance with WIFSs right to verify such transactions. However, WIFS shall have no responsibility to determine the authenticity of any transactions done or purported to be done by me/us. I/We shall not hold WIFS liable on account of WIFS acting in good faith on any of/our transaction done or purported to be done by me/us. The mutual funds / asset management companies may at its discretion not give effect to my/our transactions where the mutual fund / asset management companies / WIFS has reasons to believe (which decision of mutual fund / asset management companies / WIFS, I/We shall not question or dispute) that the transactions are not genuine or are otherwise improper or unclear or raise a doubt. WIFS shall not be liable for the loss of any opportunity costs incurred by me/us, if any transactions are not carried out for any reasons whatsoever. I/We agree to indemnify WIFS, its officers, directors, employees and agents against any improper/fraudulent transactions, improper/fraudulent fund transfer transactions done or purported to be done by me/us on the online technology platform
5. Communication of instructions In the event an Account has multiple investors mentioned such Account, I/We acknowledge that all instructions (including instructions for modification of this clause) shall be given only by the first holder of such Account, on behalf of both/all of us and for this purpose, I/We the additional investors, irrevocably constitute the first holder above as my/our agent. All instructions given by the first holder above shall be binding on both/all as if given by each of us personally. I/We agree that the instructions may be for the purchase of units in the sole name of the first holder or in the name of the first holder jointly with other person to the exclusion of the second or the third holder. I/We hereby authorize WIFS to process and transmit such instructions given from time to time in relation to my/our transactions to the respective mutual funds / asset management companies.
/ payment gateway provided by WIFS. WIFS shall not be obliged to accept from me/us any oral instructions for carrying out any transactions in mutual fund units. Further WIFS shall be indemnified for and held free and harmless from and against any and all costs, claims, losses or liabilities of any nature (direct or indirect) resulting from act of purchase, sell or otherwise dispose off mutual fund units, together with any and all attendant costs and expenses including WIFS reasonable legal fees and expenses, collectively referred to as losses that WIFS may incur or be subject to, in relation to the transactions conducted by me/us on the online technology platform of WIFS. I/We also acknowledge that the security and the control provided by WIFS are designed to verify the source the communication and not to detect errors in transmission or content including discrepancies between names on the account numbers and that WIFS or any intermediary, may transmit data or take requisite action by reference account number only, even if the name on the account is also provided. Nothing contained herein shall require WIFS to violate any applicable laws, rules or the procedures/instructions. WIFS shall have no future duty to verify the content of any transactions, instructions and communication, whether or not authorized, sent in its name and accepted by WIFS. WIFS will collate and transmit the transaction data and other details as it is received and stored on its servers and will not validate the same for holdings, correctness of transaction and any other information. 6. Holding pattern and Customer details I/We acknowledge and agree that the WIFS holding pattern of the Registered Customer, as reflected in the WIFS system, is deemed to be the WIFS account holding pattern of the account holder/investor(s). I/We also agree there will be no changes allowed in the holding pattern of the
investors associated with the Account once the Account is activated. I/We agree that once an investment is made using the holding pattern, I/We will not be allowed to change the holding pattern for the subscriptions. The other requisite data (which is not part of the form) required to be reported to AMC / RTA will be extracted from WIFS account details maintained for the First holder. The mode of holding in all customer joint accounts is treated as Anyone or Survivor. 7. Statement of account I/We agree and acknowledge that it shall be the obligation of the Asset Management Company (Mutual Fund), and not of WIFS, to regularly send to me/us (only to first holder) communication like Account statements, fund updates etc. 8. Charges and Fees While, currently, the Services offered by WIFS are free of transaction charges, I/We acknowledge that WIFS reserves the right to charge fees in the future for the Services or any other services offered by WIFS. Any such changes will be communicated by WIFS via email 14 days ahead of implementation, and will be displayed on the Website. Under such circumstances, I/we understand that I/We will be allowed to transfer our assets out of my/our Account without incurring any costs payable to WIFS. I/We agree and understand that any such charges/fees that WIFS may choose to levy will be in addition to those levied by the mutual fund company. All fees, charges and reimbursement of expenditure shall be paid or made in full by me/us without any counter claim, set off or withholding. All our liabilities and obligations hereunder to WIFS shall be joint or several. 9. Third party Risk WIFS shall not be liable for any loss or damage caused by reason of failures or
delay of the mutual fund to deliver any units purchased even though payments have been made for the same, or failure or delay in making payment in respect of any units sold, though they may have been delivered and I/We shall hold WIFS harmless and free from any claim in respect thereof. WIFS shall also not be liable for any delay, failure or refusal of the mutual fund/any company/corporation or other body in registering or transferring units to my/our names of for any interest, dividend or other loss caused to me/ us arising there-from. 10. Liability of WIFS WIFS shall not in absence of gross negligence on the part of WIFS, be liable to me/us for any act, omission or delay by the mutual fund or for any claims which I/We may suffer or incur as a result of or in course or discharge by WIFS or its employees, officers, directors, nominee or agent of WIFS duties. Without prejudice to the above, WIFS shall not be held liable for any loss or damage or failure to comply or delay in complying with its obligations under these Terms and Conditions which is caused directly or indirectly by any event or circumstances beyond WIFS reasonable control. These include system failure, network errors, delay or loss of data due to the above and in circumstances of acts of God, floods, epidemics, quarantine, riot, civil commotion and/or war. I/We further agree that WIFS shall not be held liable for any losses, damages, expenses, costs, liabilities and claims of whatsoever nature caused by fraudulent or unauthorized use or access of my/our information, and/or signatures WIFS will be under no duty to verify compliance with any restrictions on my/our investment powers. WIFS will not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of any defects or imperfections or mechanical or other
failure with relation to computer, cable, telex, telephone or postal system. While WIFS will make every effort to have its computer systems available at all times, WIFS makes no guarantees with respect to the availability of such systems. WIFS will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, WIFS will as such not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of lack of such availability. 11.Intentionally Deleted. 12. ELECTRONIC Payment Gateway I/we understand that funds transfer for purchase of units of mutual funds will be done by using an Electronic Payment Gateway facility for net banking offered through a third party net banking service provider. I/we agree not to use or permit the use of the payment gateway or any related services for any illegal or improper purposes. I/we hereby acknowledge that I/We am/are utilizing the Electronic Payment Gateway at my/our risk. I/we agree and understand that these risks would include but not be limited to the following risks: (a) Misuse of Password: I/we acknowledge that if any third party obtains access to my password of the Investments Services Account, such third party would be able to transact on WIFSs online technology platform. I/We shall ensure that the terms and conditions applicable to the use of the Net Banking password as contained in the Electronic Payment Gateway for Net Banking are complied with at all times. (b) Internet Frauds: I/We understand that the Internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect payment instructions given using Electronic Payment Gateway or the
transactions done using WIFSs online technology platform. Whilst WIFS shall aim to provide security to prevent the same, there cannot be any guarantee against such Internet frauds, hacking and other actions. I/We shall separately evolve/evaluate all risks arising out of the same. (c) Mistakes and Errors: The filling in of applicable data for transfer would require proper, accurate and complete details. In the event of my/our account receiving an incorrect credit by reason of a mistake committed by any third party, the concerned mutual fund / asset management company or the bank shall be entitled to reverse the incorrect credit at any time whatsoever without my/our consent. I/We shall be liable and responsible to WIFS / concerned mutual fund / concerned asset management company and accede to accept instructions without questions for any unfair or unjust gain obtained by me/us 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 and WIFS could be affected by virus or other malicious, destructive or corrupting code, program or macro. I/We understand that the site of WIFS or the bank may require maintenance and during such time it may not be possible to process my/our 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. I/We understand that WIFS disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by WIFS/bank/mutual funds/asset management company to process any transaction/payment instructions for whatsoever reason. I/We
understand and accept that WIFS shall not be responsible for any of the aforesaid risks. (e) Limits: I/We are aware that WIFS may from time to time impose maximum and minimum limits on funds that may be transferred by virtue of the payment transfer service given to it/him/her hereunder. I/We realize and accept and agree that the same is to reduce my/our risks. I/We shall be bound by such limits imposed and shall strictly comply with them. (f) Indemnity: I/We indemnify WIFS from and against all losses and damages that may be caused as a consequence of breach of any of the Electronic Payment Gateway for Net banking Term and Conditions and the terms and conditions mentioned herein above. (g) Withdrawal of Facility: WIFS shall be entitled to withdraw this service at any time whatsoever. (h) Binding nature of above terms and conditions: I/We agree that by use of this facility, I/We shall deemed to have agreed to all the above terms and conditions and such terms and conditions shall be bound on me/us in the same manner as if I/We have agreed to the same in writing. 13. Role of WIFS I/We expressly agree and acknowledge that any information contained in WIFS brochures or other materials or otherwise communicated by WIFS shall not be construed by me/us as investment advice and that all decisions to purchase or sell units/securities made by me/us shall be on the basis of my/our own personal judgment arrived at after due consideration. I/We understand and agree that WIFS does not in any manner: i. Guarantee payments on any units; or
ii. Guarantee liquidity of any units; or iii. Make any offer to buy back any units; or iv. Guarantee the redemption or repayment of any units on maturity; or v. Guarantee the payments of interest or dividend; or vi. Promise, indicate or guarantee any returns; or viii. vii. Guarantee any good delivery. I/We further understand and agree that WIFS does not in any manner: i. subscribes to units of mutual funds on my/our behalf or in my/our name or collects payments from me/us for the units so purchased by me/us for remitting it further to the AMCs; or ii. receives the account statement pertaining to the above units from mutual funds/asset management companies, on my/our behalf or in my/our name; or iii. redeems /sell the units held by me/us on my/our behalf or in my/our name; or iv. unilaterally instructs the mutual fund and/or the corresponding AMCs with regards to nomination / changes in investments plan / any other changes; or v. signs any document on my/our behalf or in my/our name for purchase, sale or redemption of units; or vi. collects, receives and gives receipts and discharges for any sum including dividend, interest or income arising from the units and does not signs and endorses dividend and interest warrants on my/our behalf or in my/our name; or vii. corresponds with and gives notice to the mutual fund / AMCs on my/our behalf or in my/our name, except for transmission of transactions done or purported to be done by me/us on the online technology platform. I/We understand and acknowledge that WIFS offers any advice only on good faith
and any such advice given will not be construed as investment advice by me/us, and it will be my/our responsibility to make an independent assessment of the same. I/We understand that any sum invested through WIFS Investment Services Account is not a deposit with WIFS and is not bank insured. The same is not endorsed or guaranteed and does not constitute obligations of WIFS or any of the subsidiaries associates or affiliates companies whose role in only as described in these Terms and Conditions. The securities purchased are subject to investment risk, including the possible loss of principal amount invested. The value of my/our units/securities will fluctuate. If I/We redeem my units/shares, I/We may receive more or less than I/We paid depending upon market value of the securities in the fund or trust at the time of redemption. Past results are not a guarantee to future performance. Yield or funds past performance should not be considered as an indication or guarantee of future yields or results. 14. Correspondence Any notice or other correspondence addressed by WIFS to me/us may be addressed to the first holder above at the address given by me/us above or to such address as WIFS may be aware. If according to me/us there is any discrepancy in the particular or details of my transaction or account of statement then I/We shall be obliged to intimate the same to WIFS and to the concerned mutual fund/asset management company in writing in 10 days of the first holder receiving notice thereof, falling which such transaction, statement or account (as the case may be) shall be deemed to be correct and accepted by me/us and I/We shall not be entitled to question the correctness or accuracy thereof. 15. Use of WIFS Websites
I/We acknowledge that in accessing and using the Services offered by WIFS, I/We may utilize the content and services offered on the web-sites http://www.wealthindia.in, http://www.fundsindia.com and/or any other websites administered by WIFS from time to time (WIFS Websites). I/We agree to follow the terms and conditions for the use of such websites as may be specified on such websites from time to time (WIFS Website Terms). Notwithstanding such acceptance of the WIFS Website Terms, I/We agree to the following: i. I/We agree that all information, content, materials, products (including, but not limited to text, content, photographs, graphics, video and audio content) on the website is protected by copyright in the favour of WIFS under applicable copyright laws and is also protected otherwise under general intellectual property law. ii. I/We agree that all information submitted by me/us to WIFS whether through the WIFS Websites or otherwise shall be deemed to be the property of WIFS, and WIFS shall be free to use any ideas, concepts, know-how or techniques provided by me/us at the WIFS Websites, in any manner whatsoever. iii. I/We agree not to copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Site, except that which I/We may download for own personal, noncommercial use. iv. I/We agree that I will not use WIFS's Websites for any purpose that is unlawful, or prohibited by these Terms. I/We also agree that I/we will not use WIFS Websites in any manner that could damage, disable or impair WIFS' Websites or interfere with any other persons use or enjoyment of WIFS Websites.
v. I/We agree that the software and hardware underlying WIFS Websites as well as other Internet related software which are required for accessing the website are the legal property of the respective Vendors. The permission given by WIFS to access the WIFS Websites will not convey any proprietary or ownership rights in the above software / hardware. I/We agree that I/We shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software / hardware underlying the website or create any derivative product based on the software / hardware. vi. I/We agree that not all the products and services offered on WIFS Websites are available in all geographic areas and I/We may not be eligible for all the products or services offered by WIFS on the WIFS Websites. WIFS reserves the right to determine the availability and eligibility for any product or service. vii. I/We agree that that WIFS is not responsible for the availability of content or other services on third party sites linked from the WIFS Websites. I/We are aware that access of hyperlinks to other internet sites are at my/our own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by WIFS in any way. WIFS does not make any warranties, and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third party websites. viii. I/We agree that WIFS has the absolute discretion to amend or supplement any of the WIFS Website Terms at any time and will give prior notice of 30 days for such changes. I/We agree that the information and assistance provided on the WIFS Websites are true to the knowledge of WIFS and should not be construed as investment
advice, and that WIFS shall have no liability for any discrepancy in any such information or assistance. ix. I/We agree that an Account may be created offline, without accessing the WIFS Website. In the event I/We create an investment services account offline, I/We understand and acknowledge that these Terms and Conditions and the Terms and Conditions of use of the WIFS Websites will continue to be applicable to me/us for the use of the Services. 16. Customer Information I/We agree to provide any and all information that may be required by WIFS from time to time in compliance with existing legal norms and regulations, including but not limited to contact information, address and tax-related information and any information required under existing or future KYC norms and laws. I/We agree that WIFS may take steps to verify the veracity of such information provided by me/us and I/We agree to cooperate with WIFS in providing all information requested by WIFS. I/We acknowledge that failure to provide such information in a timely manner may result in my/our ineligibility to avail of some or all of
the services of WIFS and that WIFS shall in no way be held liable for any financial loss resulting from such failure to provide information on my/our part. I/We agree that any information provided by me may be required to be shared with relevant regulatory authorities and I authorise WIFS to provide such information to such regulatory authorities as and when required. 17. Termination WIFS or myself/ourselves may terminate the aforesaid services by giving 30 days prior notice in writing to the other party provided that I/We shall not be relived of my/our obligations hereunder notwithstanding such termination incurred prior to the date on which such termination shall become effective. 18. Governing Law and Jurisdiction Clause All disputes and differences arising out of, under or in connection with these terms and conditions or anything done hereunder shall be within the exclusive jurisdiction only to the courts of Chennai. These terms and conditions are subject to and shall be construed in accordance with the laws prevalent in India.
_____________________ Signature _______________________________________________________________________________ H.M Center, Second Floor, 29, Nungambakkam High Road, Nungambakkam, Chennai 600 034. website: www.fundsindia.com Phone: 044 4344 3100 email: [email protected]