This Agreement sets forth the terms and conditions that apply to the access and use of the Website “www.WealthTrust.in” (herein after referred to as “Website”) and Mobile Application “WealthTrust” (herein after referred to as “App”), which is owned, developed and operated by Evolusolve Technologies Private Limited, (hereinafter referred to as “Company”), a company incorporated under the laws of India and registered under the Companies Act, 1956.
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
If you do not agree to these Terms you must not proceed to download the App or use the services provided on the website.
Without prejudice to any other specific requirement which may be laid out in these Terms, your use of the App and the services on website and specifically, your acceptance of these Terms as aforesaid shall be deemed to be a representation from you that you are above 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Headings of clauses are only for convenience and are not intended to be used to interpret the contents there under. Please read these Terms in full.
1. Description of the App
1.1. The App is a personal wealth management application and gives you a real-time visibility of your personal wealth and finance by auto-tracking and organizing your Transaction Information (as defined in Clause 1.2) under various heads. Through the app you can invest into various mutual funds. The App also intends to help you track your expenses, bills, mutual fund purchases, account balances, etc. Across multiple financial accounts and thereby plan manage your wealth efficiently.
1.2. “Transaction Information” for the purposes of these Terms means information that is contained in text messages (that is, SMS) sent by providers of services and/or products (including but not limited to financial institutions, mobile carriers, amcs and utility companies) to your mobile telephone number(s) in connection with one or more transactions (including purchase, payments, redemptions, transfers, billing information and service notifications related thereto):
a) Partial payment card data /account number only to the extent such card data is disclosed in the said messages
b) Information related to the transaction in question including identity of the service or product and the price or fee paid or payable in respect thereof.
c) Information regarding the identity of the bills such as phone number, mobile number, service number etc. as present in the bill.
d) Information regarding the Mutual fund folios, such as the folio number, number of units, AMC name, scheme name etc.
1.3. For the avoidance of doubt, the App has no direct access to your bank, credit card or debit card, or any Transaction Information other than that which is contained in SMS messages you receive on your phone,. Further, the App does not require any bank login ID or password from you.
1.4 The Company collects the daily NAV information from AMFI website and processes it. The company takes efforts to make sure that the information is correct. However the company is not responsible for any incorrect information that it might show to you.
1.5 The Company uses APIs and portal provided by third party service provider to facilitate Mutual fund transactions. The company maintains the status of the transactions, account opening status etc. based on the data provided by the third party service provider.
1.6 The Company provides access to paperless switch to direct schemes based on the details provided by user. The user hereby gives the company unconditional consent to verify the details with the AMC.
2. Applicability of the Terms
2.1. By downloading, installing, using, and accessing the App’s features or by using the website’s service in any manner (“Using”) you hereby give your unconditional consent to:
2.1.1. These Terms including the paragraphs at the commencement of these Terms.
2.1.3. Any other notice, disclaimer, policy, or term of use, by whatever name called, which may apply to the use of the App or website from time to time.
2.3. These Terms may be amended at any time by the Company. All such amendments shall be binding on you 24 (twenty four) hours after the amended Terms are made available on the Website. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the App or website with no liability to the Company.
2.4. Although the Company may attempt to notify you when major changes are made to these Terms, it shall be solely your responsibility to read and understand the most up-to-date version of the Terms on the Website. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
3. Use of the App
3.1. You shall not use the App for any commercial purpose.
3.2. In your use of the App, you shall always comply with all applicable laws.
3.3. You agree not to circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.
3.4. Except for the Services explicitly provided, the Company does not provide, control or endorse any third party information, products or services in any manner whatsoever, even if such third party information, products or services are advertised on the Website.
3.5. You hereby represent and warrant that you shall make use of the App as a prudent, reasonable and law-abiding citizen.
3.6. The Company shall not be responsible for any delay or failure resulting from infrastructure issues, like server uptime, network availability and connectivity.
3.7. You shall not take any action that would cause Company to suffer any type of loss.
4. Links to Other Sites for bill payment
5. Consideration and Payment Terms
5.1. Even if the App is provided on a ‘no charge’ basis for a period of time, the Company shall have the right to charge such subscription fees as it determines in its sole discretion from time to time.
5.2. All payments shall be made by credit card, debit card, or such other method as the Company may specify from time to time.
6. Termination and Suspension
6.1. Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between you and the Company, the Company may terminate your use of the App at any time with or without notice, and for or without any reasons, with absolutely no liability to you.
6.2. Without prejudice to the foregoing:
6.2.1. The Company reserves the right to terminate these Terms without notice and without liability to you on becoming aware that you have violated these Terms or any other guidelines and rules published in respect of the App.
6.2.2. Company may block, restrict, disable, suspend or terminate your access to all or part of the App at any time in Company’s discretion, without prior notice or liability to you.
7. Warranty Disclaimer
7.1. To the fullest extent permissible pursuant to applicable law, company, and any of company’s third-party partners, licensors, and suppliers, disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you through the app will constitute or create any representation or warranty not expressly stated herein.
7.2. You expressly agree that use of the app is at your sole risk. The app and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the app are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. The company and any third party suppliers, licensors, and partners do not warrant that the data, software, functions, or any other information offered on or through the app will be uninterrupted or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
7.3. Company and any third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the app in terms of correctness, accuracy, reliability, or otherwise.
7.4. You understand and agree that if you use, access, download, or otherwise obtain information, materials, or data through the app, the same shall be at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and/or other device) or loss of data that results from the download or use of such material or data.
8. Intellectual Property
8.1. The Company and its licensors, if any, shall be the sole and absolute owners of the App, including but not limited to the idea behind the App, the copyright in all content on the App and Website and all trademarks, designs, logos and other insignia of trade used on the App and Website and elsewhere during the performance of the Services, all of which are subject to protection under patent, copyright, trade mark and trade secret and other intellectual property laws of India and other countries. Any copying of any part of the App shall entail immediate termination of these Terms without prejudice to the other rights and remedies of the Company, including for civil wrongs and criminal offences.
9. Limitation of Liability and Disclaimers
9.1. In no event shall the company, its officers, directors and employees, or its contractors, agents, licensors, partners, or suppliers be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to abuse or breach of data), even if the company or an authorized representative has been advised of the possibility of such damages, arising out of or relating to (i) these terms, (ii) the app, (iii) your use or inability to use the app; or (iv) any other interactions with another user in connection with the app. If the foregoing limitation is not enforceable, the maximum liability of the company shall be rs.500.
9.2. You acknowledge and agree you have entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and company, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and company. Company would not be able to provide the app to you on an economically reasonable basis without these limitations.
9.3. You specifically acknowledge that the company shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing lies entirely with you.
9.4. Any information that the app may make communicate to you about any service or product offered by a third party, including any promotional or other offers in relation thereto, shall not constitute or be deemed to be the company’s endorsement or approval in any manner of such third party products and services.
9.5. The App is controlled and offered by the Company from its facilities in India. If you are a user outside India, please take note the Company is subject only to Indian law and only to the jurisdiction of Indian courts. The Company makes no representations that the App is appropriate or available for use in other locations. Therefore, if you are a user outside India, you may use the App solely on your own volition and at your own risk. You shall be solely responsible for compliance with local law.
10.1. You hereby agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the App; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation shall survive these Terms and use of the App.
11. Governing Law and Arbitration
11.1. These Terms are governed by and shall be construed in accordance with the laws of the Republic of India without respect to its conflict of laws’ provisions.
11.2. Disputes, if any, shall be attempted to be resolved amicably for thirty (30) days. Unresolved disputes shall be referred to an independent, sole arbitrator in Ahmedabad appointed by the Company in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, you hereby consent to the exclusive jurisdiction of the Courts in Ahmedabad city.
12.1. Notices: Any notice required to be given to Company under this Agreement shall be sent by registered mail or recognized courier to the admin office of the company at C/1104, Titanium City Centre, Nr. Sachin tower, Satellite, Ahmedabad- 380015.
12.2. Force Majeure: If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under this Agreement despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event continue. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar / embargo to the making of the payments.
12.3. Severability: Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable, the other provisions of these Terms and the remainder of the provision in question shall continue in full force and effect.
12.4. No Waiver or Election:No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.
12.5. Assignment: The right to use the App is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity.
Terms and Conditions for the usage of App and Portal
1. You acknowledge to have read and understood the Terms and Conditions contained herein and agree to be legally bound by them at all times by ticking the "I Accept the Terms and Conditions" and transacting through the portal. All transactions done through the portal shall at all times be bound by the terms and conditions contained herein. Your continued usage of the portal shall at all times be deemed to be your acceptance of the terms and conditions contained herein.
2. Evolusolve Technologies Pvt. Ltd. (WealthTrust) and its vendor MF Utilities India Private Limited (“MFUI”) reserves the right to change the Terms and Conditions at any time, without notice, and the revised Terms and Conditions shall be posted on the portal from time to time. Your continued usage of the portal shall at all times be deemed to be your acceptance of the terms and conditions as may be in force.
3. The User ID provided to you is at PAN / PEKRN level and by default linked to all the CANs wherein you are the Sole / Primary / Second / Third Holder or the Guardian. The CANs linked to the User id are hereinafter referred to as “linked CANs”.
4. You hereby agree that you can transact only in CANs where you are the Sole/Primary holder/Guardian of the CAN and view the portfolio / transactions in case you are the Second / Third Holder of the CAN.
5. In case of more than one holder in CAN, the User ID and password shall be provided to the first holder only if the mode of holding is anyone or survivor. The usage of the portal by the first holder shall be deemed to be valid and with full and absolute authority to act for and on behalf of all and each of the other joint holders. Liability of all the joint holders shall be joint and several and shall be binding on each of the joint CAN holders, their respective legal heirs, successors, executors and permitted assigns. All the joint holders shall be deemed to have approved of the transactions done by the first holder through the portal.
6. You hereby irrevocably authorize Wealthtrust, MFUI and its agents / Service Providers, to act upon any Electronic Instructions given by you to WealthTrust or MFUI through the User ID and password.
7. The Online Facility is intended only for the personal use of the investor. You shall be solely responsible for the confidentiality of the User ID and Password and shall not disclose the same to anybody and shall take all possible care to prevent discovery of the User ID and Password by any person. In no event shall you hold WealthTrust or MFUI liable or responsible for any transactions undertaken under your “linked CANs”.
8. WealthTrust AND MFUI reserves the right to make the Online Facility available for such investors / CAN holders as it deems appropriate.
9. You agree that WealthTrust AND MFUI reserves the right to seek any additional information / confirmation (oral / written) as it may deem necessary to authenticate the transaction.
10. WealthTrust or MFUI may, in its absolute discretion, suspend the Online Facility granted or decide not to carry out any such transaction where the KYC requirements are incomplete or incorrect, transactions are designed in a manner to violate any law or any information submitted to Wealthtrust/MFUI / its related parties is incomplete, false or misleading or it has reason to believe that the Electronic Instructions are not genuine or are unclear or are otherwise improper and cannot be put into effect.
11. In case where the mode of holding is 'Minor through Guardian', the Guardian shall be deemed to have full authority to act for and on behalf of the minor in all matters relating to the Online Facility.
12. WealthTrust and MFUI only provides facility to submit transactions in multiple schemes of various Mutual Funds. The respective Mutual Fund / AMC at its discretion may accept or reject any transaction. You shall not hold Wealthtrust or MFUI liable for any loss, damage etc. arising from rejection of transactions by Mutual Fund / AMC. Further, all transactions will be governed by the rules of the individual Mutual Fund / AMC as stated in their Scheme Information Documents and therefore submission of a transaction and time stamping at MFUI portal should not be deemed to be guarantee of acceptance and processing of transaction by the Mutual Fund / AMC.
13. Online Transactions where KYC process is pending, shall be accepted by MFUI and passed on to the specific AMC/RTA who may at their sole discretion decide whether or not to process the transaction due to the pending KYC status and the investor will not hold WealthTrust or MFUI liable for such non-acceptance by the specified AMC/RTA.
14. Online transactions for CAN holders who have not provided Additional KYC and FATCA are liable to be rejected.
15. You shall not use the Online Facility to conduct any transaction(s) that are designed to contravene or circumvent any provision of law, regulation or guideline, including but not limited to the provisions of the Income Tax Act, Foreign Accounts Tax Compliance Act (“FATCA”), The Prevention of Money Laundering Act (“PMLA”), Foreign Exchange Management Act (“FEMA”) or the provisions of the respective SID / KIM and addendums thereto, particularly the guidelines relating to Third Party Payment and Applicability of NAV.
16. The uniform cut-off time as prescribed by SEBI and as mentioned in the SID / KIM and addendums thereto of respective schemes shall be applicable for applications received on the portal.
17. Realization of funds with regard to subscription transactions:-
a. For subscription transactions, the funds are credited to the MFU Escrow Account and thereafter transferred to the respective Scheme accounts in proportion to the investments made in respective schemes by you.
b. In case of net banking payments or PayEezz, MFU Escrow account will be credited not less than T+1 business/working day wherein T refers to the payment initiated day. MFUI will ensure to transfer the funds to the AMC Accounts upon receipt. The time of credit to respective AMC Accounts shall be considered for NAV applicability, wherever applicable.
c. All credits received into the MFU Escrow Account before 1.40 p.m. (for scheme cut-off of 2.00 p.m.) and 2.40 p.m. (for scheme cut-off time of 3.00 p.m.) will be transferred to the Scheme accounts by 2.00 p.m. and 3.00 p.m. respectively. In respect of credits to the MFU Escrow Account between 1.40 p.m. / 2.40 p.m. to the respective cut-off times, funds will be transferred to the Scheme accounts on a best effort basis.
18. The time stamping for online transaction would be the MFUI server timings upon submission of transaction by you. In case payment is made through Net Banking the time stamp would be upon successful confirmation of payment.
19. NAV Applicability:
a. All current rules with regard to NAV applicability shall apply to the transactions done online through the portal.
b. In case of subscription transactions where the availability of funds for utilization / time of credit is considered for applicability of NAV, the time of credit of funds to the AMC accounts from MFU Escrow Account will be considered as the time of credit for NAV applicability.
20. Restriction on Acceptance of Third Party Payments for Subscription of Units in Mutual Fund Schemes:
a. The payment should be made only from one of the bank accounts registered under the CAN being transacted.
b. In case it is found that the payment is not made from a registered bank account under the CAN, MFUI / Mutual Fund / AMC / its RTA reserves the right to reject the transaction and refund the money to the source account.
c. Additionally, AMCs may at their discretion decide to make the redemption payouts only through specific modes of payment, when the units are redeemed.
21. Payment Mode
a. Net Banking: In order to make payment through Net Banking you should have availed this facility from your registered Bank and have access thereto. You will be redirected to your Bank’s website for making online payment through the registered Bank Account. You may be required to comply with the verification requirements of the Bank.
b. NEFT / RTGS: In order to make payment through NEFT / RTGS, MFU will provide you the Beneficiary Account details, upon your submission of the transaction, to which the payments should be made.
c. PayEezz: Payment through PayEezz facility can be only through a unique PayEezz Reference Number (PRN), obtained by registering the mandate with MFUI.
22. If you are holding your units in the Depository Account, the request for redemption has to be routed through (a) your broker, or (b) your depository participant. MFUI will not be in a position to accept these transactions.
23. Your payout proceeds, subject to deduction of exit load, STT and TDS (if applicable) would be paid out to you into your default bank details registered under your CAN or any other registered bank details specified by you, within the payment timelines of the respective scheme(s).
24. Transactions received on a non-business day will be treated as received on next business day.
25. You agree that even though your Mobile No. is registered under the National Do Not Call Registry (NDNC), you explicitly permit WealthTrust and MFUI to send various communications, updates, alerts, notifications and the same shall not be considered as a breach of any TRAI Regulations/Guidelines;
26. Indemnity & No Warranties
a) You shall be fully liable to WealthTrust/MFUI and/or the AMC / Mutual Fund or their Affiliates for every transaction entered into using the Online Facility, whether with or without your knowledge. In no event will the AMC / Mutual Fund, WealthTrust or MFUI or their agents / service providers be liable to you for any special, direct, indirect, consequential or incidental loss or damages even if you have been advised by the AMC / Mutual Fund, WealthTrust or MFUI or its agents / service providers of any such possibility.
b) You hereby relieve the AMC / Mutual Fund, WealthTrust and MFUI from any liability whatsoever against misuse of the Online Facility, User ID and password. Further, neither the AMC / Mutual Fund /WealthTrust nor MFUI shall be liable at all for misuse if any, of any data placed on the Internet, by third parties, "hacking" or unauthorized access. Neither the AMC / Mutual Fund /WealthTrust nor MFUI will be liable for any failure to act upon Electronic Instructions or to provide any facility for any cause that is beyond the control of the AMC / Mutual Fund/WealthTrust or MFUI.
c) WealthTrust or MFUI shall have no liability to verify the accuracy, authenticity of the instructions given using the User ID and password and shall be authorized to act on such instructions without further verification or review.
d) WealthTrust or MFUI shall endeavor to give effect to Electronic Instructions on a best effort basis and as soon as practically possible for MFUI, within the ambit of SEBI Regulations. In the event of any instructions being capable of execution in two or more ways, MFUI may execute the Electronic Instructions in a way as it may, in its sole judgement, decide.
e) WealthTrust or MFUI agrees to take best efforts to protect security of the data placed on the Internet, however you agree that transmitting data/ information over internet may be subject to compromise / breach and that the risk of any loss of information or interception of information by any third party will be borne by you and that MFUI shall not be liable for the same. The Mutual Fund, MFUI, the AMC/Trustees of the Mutual Fund, along with its directors, employees, agents, executors, successors and assigns shall not be liable for any damages or injuries arising out of or in connection with the use of the Portal or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, computer failure or malfunctioning, or interruption of business; error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon Electronic Instructions or to provide any facility for any cause that is beyond the control of such entity.
f) All records of WealthTrust or MFUI, whether in electronic form, magnetic medium, documents or any other form with respect to Electronic Instructions received for use of the Facilities or Electronic Instructions received through use of the Online Facility shall be conclusive evidence of such Electronic Instructions and shall be binding on you.
g) You hereby confirm that WealthTrust or MFUI or any other Agents of the Fund or WealthTrust or MFUI, shall not be held responsible for violation of any laws by you and you hereby indemnify WealthTrust and MFUI against any claims arising from such non-compliance, and also from any damages or losses WealthTrust or MFUI or the Fund may suffer from any claims arising due to non-compliance or violation of the Terms and Conditions.
h) Further, you agree to indemnify, and shall at all times keep indemnified the Mutual Fund, MFUI, WealthTrust, the Trustees/AMC, their officers, employees, successors and assigns from and against all actions, proceedings, claims and demands whatsoever for or on account of or in relation to any unauthorised use of the Online Facility, User ID and password and from and against all damages, costs, charges and expenses in respect thereof or incidental thereto.
i) No forbearance, delay or failure on part of WealthTrust or MFUI or the AMC / Mutual Fund to exercise any power or right under these Terms and Conditions shall operate as a waiver of such power or right, nor shall any single or partial exercise of such power or right preclude any further exercise of that or any other power or right.
27. WealthTrust or MFUI will take best efforts to keep the Portal updated so as to provide most current information to you, and shall further take best efforts to ensure that the information provided on the Portal is as accurate as possible and that the disruptions of service are minimal. However, WealthTurst or MFUI makes no warranty, either express or implied, or gives any guarantee, to you concerning the uninterrupted availability of the Portal or the services or the accuracy of the information available on it.
28. You authorize WealthTrust and MFUI to provide to third parties such transaction / account details, as may be necessary in order to give effect to your online instructions or in order to comply with the order of any court, government agency or lawful authority or in order to ensure compliance with any laws/regulations in any jurisdiction.
29. You agree that the look and feel of the web screen and outputs therefrom may differ based on the nature of the software used by you to browse the Portal. You shall not hold WealthTrust or MFUI liable for any act of non-adherence of Electronic Instructions, or the lack of availability of the Portal or the Online Facility extended by WealthTrust or MFUI, if WealthTrust or MFUI is for any reasons whatsoever, unable to provide the said service.
30. You agree to bear the bank charges, if any, towards electronic fund transfer or any other transaction carried out through your bank account, without any reimbursement from WealthTrust or MFUI.
31. No solicitation: Nothing in the Terms and Conditions or on the Portal shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction.
32. Proprietary Rights: You hereby acknowledge that the portal is the legal property of WealthTrust and/or MFUI. The permission given by WealthTrust and/or MFUI to access the Online Facility will not convey any proprietary or ownership rights in the software. You agree not to attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying the Online Facility of WealthTrust and/or MFUI or create any derivative product based on the software. You further agree not to use the name, logo or mark of the WealthTrust and/or MFUI or any of the AMC/Mutual Fund (or any logo or mark similar thereto), and any related patent, trademark and service mark applications, design rights, copyrights, and all or any similar or equivalent rights arising or subsisting in any country in the world.
33. Governing Laws & Jurisdiction: The Online Facility and all the Online Transactions carried out through the Online Facility are subject to the Terms and Conditions of the Scheme Information Documents of the schemes of various Mutual Funds, read with the addenda issued from time to time.
34. The provision of the Online Facility is subject to and governed by the laws of India. The Courts in Mumbai shall have jurisdiction over all disputes arising out of or in respect of the Terms and Conditions.
35. These Terms and Conditions are subject to Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 and guidelines issued thereunder as amended from time to time and other laws, rules and regulations issued by the Government of India relating to Mutual Funds and provision of Online Facility.
36. Notice: Any notice, communication or documents required to be given by either Party to the other, may be given by personal delivery, courier, registered post at the registered office of MFUI or by email to email@example.com and if to the investor at the registered address or email ID as per MFUIs records.
37. You hereby confirm and declare as under:-
a) I / We have read and understood the contents of the respective Scheme Information Document(s), Statement of Additional Information(s), Key Information Memorandum(s), Instructions and Addenda issued by the respective Mutual Funds, including level of risk depicted by riskometer.
b) I/We am/are eligible Investor(s) as per the respective Scheme related documents and am/are authorised to make this investment as per the constitutive documents / authorization(s). The amount invested in the respective Scheme(s) is through legitimate sources only and is not for the purpose of contravention and/or evasion of any act, rules, regulations, notifications or directions issued by any regulatory authority in India.
c) I/We will indemnify WealthTrust, MFU, Mutual Fund, AMC, Trustee, RTA and other intermediaries in case of any dispute regarding the eligibility, validity and authorization of my/our transactions.
d) The ARN holder (AMFI registered Distributor) has disclosed to me/us all the commissions (in the form of trail commission or any other mode), payable to him/them for the different competing Schemes of various Mutual Funds from amongst which the Scheme/s is/are being recommended to me/us.
38. I/WE HEREBY CONFIRM THAT I/WE HAVE NOT BEEN OFFERED/COMMUNICATED ANY INDICATIVE PORTFOLIO AND/OR ANY INDICATIVE YIELD BY THE FUND/AMC/ITS DISTRIBUTOR FOR THIS INVESTMENT.
Terms and Conditions for CAN Registration /Account opening
1. I/We have read and understood the information, requirements and the Terms and conditions mentioned here (including the FATCA&CRS instructions) and hereby confirm that the information provided by me / us on this form is true, correct and complete to the best of my/our knowledge and belief and provided after necessary consultation with tax professionals.
2. I/We hereby agree and confirm to inform MFUI/AMC/Mutual Fund/Trustees for any modification to this information promptly.
3. I/We further agree to abide by the provisions of the Scheme related documentes interal alia provisions on Foreign Account Tax Compliance Act (FATCA) and Common Reporting Standards (CRS) on Automatic Exchange of Information (AEOI).
4. In case any of the information is found to be false or untrue or misrepresenting, I/We am/are aware that I/We may be liable for it.
5. I/We hereby authorise MFU sharing of the information provided by me/us through the WealthTrust app/portal with its Authorized Representatives/Entities.
6. I/We have provided all the necessary documents/annexures, wherever asked for, to substantiate the information provided by me/us in the form and agree to provide any further information if required for the purpose of this registration.
7. I/We hereby agree and authorise MFU to map our existing and future folios with Mutual funds to this CAN and update the information provided hereinabove in these folios from time to time.
Terms and Conditions for Advisory Services
1. The Client shall provide all the required details to the advisor for generating an Action Plan.
2. The Action Plan is suggested on the portfolio of the client based on the risk profiling (according to the details provided by the client) & the investment objective of the client.
3. The Client can raise queries, if any, by emailing us on firstname.lastname@example.org or by messaging us on the investment advisory page of the app.
4. Nothing contained here under in this Agreement shall bind, or require the Client to rely on, or act on the content of the Action Plan.
5. Wealthtrust shall perform its duties and obligations described in this Agreement with the highest standards of integrity and fairness and shall act in an ethical manner in all its dealings with the Client.
6. Investment advisory services being provided by Wealthtrust are segregated from the execution services provided through Wealthtrust.
7. Wealthtrust has taken all commercially reasonable steps to protect the confidentiality of all confidential or non-public information provided to it by the Client and shall not disclose the same in any manner, except as provided under this Agreement.
8. The variable payment will be deducted through client’s payeezz (NACH) mandate. An email regarding the deduction will be sent to the client before the deduction date.
9. In case of cancellation within a month, full amount will be refunded to the client. If cancellation happens post one month completion, then monthly pro-rata charges will be deducted and remaining amount will be refunded.
Terms and Conditions for Refer-and-Earn
1. This program is applicable for WealthTrust's Android and iOS mobile apps only, hereinafter referred to as "Mobile Apps".
2. The Refer and Earn Program is only valid on new installs and sign ups on mobile apps.
3. The Email ID and/or phone number through which the friend signs up with WealthTrust app, must not have been used for signing up with the WealthTrust app earlier.
4. A sign up with a different email address or phone number using the same device will not qualify as a valid referral.
5. If your friends use someone else's referral code, the person whose code was used first would get benefits, even though you had referred them first.
6. The benefits of Refer-and-Earn program will be provided after the referred person has successfully created an Investment Account on our Mobile Apps.
7. The extension in the Paid plans offered under referral program will be communicated through email. The validity will not be increased under any circumstances.
8. The plan validity earned using the referral program cannot be transferred to any other person or family member(s).
How much person can you refer successfully through Refer and Earn program?
1. You can refer any number of people with your Referral code. However, the maximum extension in the validity that you can earn cumulatively through the Refer-and-Earn program is 24 months (2 years). You will not be charged any fixed annual charges until the validity of your active plan. WealthTrust reserves the right to curtail or increase the maximum limit and paid plan charges in its own discretion anytime during the course of the referral program.
2. You will earn the benefits after (1) User entered your Referral code on the SignUp AND (2) Created an Investment Account on WealthTrust. It is mandatory for both steps to be completed in order to earn the Referral benefits.
3. When your friends enters the referral code during SignUp but forgets to create an Investment Account, you will not earn the Referral benefits.
4. In case the referral benefits are not added to your WealthTrust account, please write to email@example.com
Refer-and-Earn Benefits validity and conditions
1. As soon as the user signs up on the Mobile Apps, the free-trial period of our paid plan will automatically begin for his/her account. All the Referral benefits earned through referral program will be automatically added to the current active plan of user.
2. The validity of plan will be communicated to the user through email.
3. The benefits communicated to user as part of the referral code shall change from time to time. WeathTrust reserves the right to change or discontinue the benefits without requiring to communicate to users.
4. The benefits added to the user’s plan will be considered binding and final.
5. The referral benefits earned across multiple accounts cannot be combined into a single account.
6. The referral terms and usage conditions of referral benefits cash may change at the discretion of WealthTrust, at any point in time.
Sharing referral links to personal contacts only
1. Your unique referral links should only be used for personal and non-commercial purposes. You cannot distribute/publish your unique referral link where there is no reasonable basis for believing that most of the recipients are personal friends (such as coupon websites, forums, Wikipedia etc.)
Termination and Change
1. WealthTrust reserves all rights to change the benefits conferred under Refer and Earn program at any point in time.
2. WealthTrust may suspend or terminate the Refer and Earn program or any user's ability to participate in the program at any time for any reason at their discretion. Benefits earned as a result of fraudulent activities will be revoked and deemed invalid.
Update to the Terms and Conditions
1. WealthTrust reserves the right to amend these terms and conditions at any time without any prior notice. Modifications of these terms will be effective from the time they are updated in the Terms and Conditions section.