The following terms govern the access, viewing or use by you (hereinafter referred to as the “User” or “You”) of investbazaar.com (hereinafter referred to as the “Website”). The Website is owned and operated by InvestBazaar, an Indian company with its registered office at Unit No.1023/24, Ijmima Tower, Mindspace complex, Malad (West), Link Road, Mumbai – 400 064
By accepting the terms herein, or by accessing, viewing, or using the Website (including by creating an Investment Account on the Website), You agree to be bound by the Terms of Use and these constitute your binding legal obligations towards InvestBazaar. The Terms of Use may be modified at any time by InvestBazaar by posting the changes on the Website and You agree that it shall be Your responsibility to ascertain the changes to the Terms of Use by visiting the Terms of Use. Any modified terms shall be applicable to Your use of the Website without need for any further consent. If You do not agree to the Terms of Use, You should not access, view or use the Website including any Investment Account created by You on the website.
Any undefined capitalized terms used herein shall have the meaning given to them in the Order Documents.
1.
Definitions
(a)
Privacy policy shall mean the privacy policy available at InvestBazaar
(b)
User or You or Your, shall include any individual or legal entity who is registered as a User in accordance with these Terms of Use and its representatives who use the Website.
(c)
User Information shall mean any information provided by the User including name, nationality, date of birth, telephone number, email address, physical address, bank account information and the like.
(d)
Terms of Use shall mean the terms of use contained herein.
(e)
AMC shall mean an Asset Management Company licensed by SEBI as an asset manager;
(f)
Investment Account means the account on which the User effects the Transactions pursuant to these terms and conditions;
(g)
Transaction means any transaction (both financial and non-financial transaction) effected under the Investment Account in respect of any financial products / Mutual Funds and includes applications for subscription, switching, transferring and redemption of Units in any Mutual Funds;
(h)
Offer Documents is a collective term for the offer document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum, issued by the Asset Management Company that manages the Mutual Fund.
(i)
Mutual Funds shall mean various Mutual Funds registered with SEBI.
(j)
Unit means an interest of an investor(s) in the scheme of Mutual Funds consisting of each unit representing one undivided share in the net assets of that scheme as evidenced by the account statement;
2.
Website Access:
(a)
General:
i.
You agree and understand that this Website and the contents are intended for people who are of the age of 18 years or above. You hereby represent that You are 18 years of age or above and competent to contract.
ii.
You may browse through the Website’s free content without registering with the Website. However, the terms herein and the Website’s Privacy Policy shall apply to you at all times.
iii.
You understand that for the purpose of accessing all the content including paid content available on the Website You will be required to create an Investment Account and for this purpose will need to register and provide accurate information including User Information.
iv.
You represent that You have all rights required to provide the information that You have provided to the Website, including the User Information and represent that the information is true and accurate.
v.
If You register as a business entity, You represent that You are duly authorized by such business entity to register and accept the Terms of Use and bind such business entity to these Terms of Use.
vi.
All User Information will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that You have read and understood the Privacy Policy.
vii.
You will have to register and create an Investment Account with the Website by providing personal details requested for the purpose of registration and analytics. You hereby grant InvestBazaar the right to use this information for the furtherance of this Terms of Use, including allowing you to transact on the Website post your registration. The information will also be used for the purposes of data collection, analytics and storage.
(b)
Once a password has been provided to You, You will be solely responsible for maintaining the confidentiality of the password and agree that the password is intended for use solely by You.
(c)
InvestBazaar may in its sole discretion permit or deny Your registration.
(d)
You will be solely responsible for Your acts and omissions on the Website including those conducted under the username assigned to You.
(e)
You understand and agree that InvestBazaar may, in its sole discretion, terminate Your access to the Website without notice and You waive any right to claim access to the Website or any other claim that You may have. Any data of Your usage may be retained or deleted at Gade Capital’s sole discretion.
3.
User Registration:
(a)
Declarations of the User pursuant to registration:
i.
You confirm that the information provided to during your registration on the Website are true and correct. You are solely responsible to keep the information current and accurate. You confirm that You are 18 years of age or older and where You are acting as a guardian for a Minor You have necessary authority to register under this Website and execute investment transaction on behalf of the minor.
ii.
You authorize InvestBazaar and its authorized service providers to
a.
Execute the ECS/NACH/Direct Debit mandate provided by you to Gade Capital, subsequent ECS/Direct debit instructions related to your investments and electronic money transfer instructions through online payment gateway(s).
b.
Carry out all mutual fund subscription/ redemption/ non-financial instructions (“Instructions”) which You provide through the Website using the e-mail ID and password then associated with your Investment Account.
c.
Communicate with the AMC on Your behalf for Transactions and to receive details of your investment from the AMC.
(b)
You acknowledge that:
a.
You have applied for an Investment Account on the NSE through the Website after understanding the nature and scope of services provided by the Website.
b.
The operation of Your Investment Account and the execution of Instructions are subject to these Terms of Use and specifically this Section 3, and the Offer Document of the respective AMC.
c.
Your identity on the Website is authenticated by the use of Your login credentials. The Website will consider Instructions authenticated by Your login credentials to have originated from You.
d.
You have the right to transact directly with the AMC even in respect of the investments made through the Website.
(c)
Services rendered pursuant to creation of Your Investment Account:
a.
Recommend and offer a platform for investment in Mutual Fund schemes.
b.
Facilitate subscription and redemption of Mutual Fund Units by transmitting Your money and Instructions to the appropriate AMC, as per Your Instructions.
c.
Securely and confidentially maintain a record of Your Personal Information and Your financial transactions.
d.
Promptly & efficiently respond to my queries relating to my online investment account.
(d)
Your obligations pursuant to your creation of Your Investment Account:
a.
Ensure that the money You invest is from Your bank account (primary holder’s bank account in case of an Investment Account held jointly), is from legitimate sources and is remitted through approved banking channels.
b.
Make an informed investment decision by reading the Offer Documents of the Mutual Fund schemes that You are investing in.
c.
Seek independent financial planning, legal, accounting, tax or other professional advice before investing or withdrawing.
(e)
Pursuant to Your creation of Your Investment Account You represent that:
a.
You are aware that the InvestBazaar is an AMFI registered distributor of Mutual Funds and receives commissions from AMCs, details of which are available on consolidated account statements
b.
Your Investment Account will be activated after InvestBazaar verifies your personal information in accordance with the Know Your Client (“KYC”) guidelines issued by the Securities and Exchange Board of India (“SEBI”).
c.
The Website does not, and is not obliged to, offer all mutual fund schemes for investment. By limiting the number of schemes on the Website, the Website does not make any representation as to the quality, bona fides or nature of any AMC or mutual fund scheme, or any other representation, warranty or guaranty, express or implied.
d.
For investments using ECS/NACH/ Direct Debit, the Website will first submit the fund transfer instruction(s) to Your bank. Your request for subscription will be sent to the AMC only after receiving confirmation of successful money transfer to the AMC’s account. Consequently, there may be a lag between the date of debit to Your bank account and date InvestBazaar submits Your request to the AMC.
e.
Subject to point no. d., Your Instructions will be processed the same day if received before the cut-off time(s) specified by the Website. Else, Your Instructions will be processed on the next business day. The Website may specify cut-off time(s) earlier than the time(s) specified by the AMC/ SEBI.
f.
The Website will forward Instructions to the AMC electronically via NSE platform and the AMC will process the Transactions on the basis of such electronic instructions. AMCs are not obliged to accept Your application for subscription to Units of their Mutual Fund schemes in part or in full.
g.
For Investment Accounts held jointly, the Mutual Fund folios maintained by the concerned AMC will also be held jointly and all the individuals will have the same authority to operate those folios (Any or Survivor).
h.
The data and information provided on the Website does not constitute advice and shall not be relied upon by You while making investment decisions.
i.
In case You violate these Terms of Use, or any local or international laws, InvestBazaar may, at any time and at its sole discretion, terminate Your Investment Account and/or prevent You from accessing the Website and/or services at any time and at its sole discretion.
(f)
You will not dispute and/or hold InvestBazaar responsible for:
a.
Any act that is not an obligation of InvestBazaar under these Terms of Use.
b.
Any disclosures made by InvestBazaar to any statutory body under any law.
c.
Any loss, notional or otherwise, incurred because of
i.
delays either at the Bank, Registrar and Transfer Agency, NSE or AMC.
ii.
rejection of Your Instructions by the Bank, Registrar and Transfer Agency, NSE or AMC.
iii.
processing of Instructions authenticated by Your login credentials
iv.
non-availability or non-accessibility of the Website, telephone(s), or office(s) of InvestBazaar Pvt Ltd in case of circumstances beyond InvestBazaar‘s control.
(g)
SEBI Caution
Mutual Fund investments are subject to market risks, read all scheme-related documents carefully.
4.
Permitted Uses
(a)
You agree that You will use the Website only for legally permitted activities in accordance with these Terms of Use, the Privacy Policy and in accordance with other applicable agreements that You have entered into with InvestBazaar.
(b)
You will use the Website and any information available in accordance with all applicable laws and regulations.
(c)
You retain ownership of any intellectual property rights that You hold in any content You submit to the Website.
(d)
When You upload or otherwise submit content, either as a comment to content available on the Website or as a blog post or any other contributions to the Website, You grant Gade Capital and its third parties a global, perpetual, irrevocable, fully paid up, royalty free right to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes InvestBazaar or its third parties make to your content so that your content works better with the Website), communicate, publish, publicly perform, publicly display and distribute such content. You will be solely responsible for all the content you submit to the Website and agree to defend, indemnify and hold harmless InvestBazaar, its directors and officers from any and all claims that arise from the publication of any such content on the Website.
(e)
These Terms of Use are in addition to all the other agreements hereinabove referred to, as relevant.
5.
Prohibited Use
In relation to the use and access of the Website its content and features, You agree and undertake not to:
(a)
upload, transmit or publish any information on behalf of a third party, including any User Information of any person other than You, and more specifically, You will not impersonate another person;
(b)
upload, transmit or publish any information or material which is threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography;
(c)
violate the privacy of any person or collect or store personal information of any other user of the Website;
(d)
upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Website, InvestBazaars‘ computer systems, or the computer systems of other Users or third party systems;
(e)
upload transmit or publish anything which You do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third party;
(f)
use the Website in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical;
(g)
access the Website in any unauthorized manner, including by hacking or using log in credentials of any other User;
(h)
use the Website for any unauthorized marketing purposes or for sending any unsolicited materials including but not limited to uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, except in those areas that are designated for such purpose.
6.
Intellectual Property
You agree and understand that:
(a)
the contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons, text, illustrations, images, scripts, graphics, music, video, content, materials, products, services, URL’s, technology, documentation are the sole property of Gade Capital or its licensors. All intellectual property in and to the Website and its contents and functionalities shall vest solely with InvestBazaar or its licensors.
(b)
Save for the limited right to access and use the Website in accordance with the Terms of Use and other applicable agreements, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Website or any of the contents and functionalities.
(c)
The content provided in the Website is solely for Your personal, non-commercial use.
(d)
You may not modify, copy, link, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any content from the Website.
(e)
To the extent required, You grant to InvestBazaar a non-exclusive, royalty free, worldwide, transferrable, sub licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of Your intellectual property which You have provided to InvestBazaar.
(f)
You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Website save for any User Information that belongs to You.
(g)
You have no right to use any search mechanisms other than that provided on the Website and You will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Website.
(h)
You have no rights to disable, circumvent or interfere with any security related features enabled on the Website
7.
Disclaimers
(a)
You agree and understand that the contents and services on the Website are available on an “ as is” basis.
(b)
InvestBazaar does not represent in any manner that:
i.
the Website and its licensors have checked the accuracy, usefulness or availability of any information transmitted or made available via the Website,
ii.
the Website shall be responsible for any investment decisions based on the information available on the Website;
iii.
it provides rating of securities, provides investment advice or advice regarding issue management;
iv.
the information, data or contents of the Website are accurate;
v.
the Website will be available at all times and will operate error free or that there will be uninterrupted access and service;
vi.
the integrity of the information on the Website or information You upload will be maintained;
vii.
it endorses any of the views of any of the Users who may have posted contents;
viii.
it has verified or guarantees the quality of services or representations made by any User of the Website;
ix.
it has screened or verified any of the information posted herein;
x.
the Website or any content is free from viruses or other malware.
(c)
You expressly release InvestBazaar and where applicable its director, officers and representatives from any cost, damage, liability or other consequence of any use of the Website by you or the actions of the Users of the Website.
(d)
Subject to applicable laws, InvestBazaar hereby disclaims all warranties, whether express or implied, in relation to the Website, its contents and functionalities, including but not limited to warranties of merchantability or fitness for a particular purpose. Where applicable laws do not permit the disclaimer of warranties to the extent detailed above, the said warranties are disclaimed to the maximum limit permitted by applicable law.
(e)
InvestBazaar reserves the right to remove any content from the Website.
(f)
The Website may contain links to third party websites. InvestBazaar shall not be responsible in any manner for the contents of these third party websites and if You should choose to use the link to view the third party websites, You choose to do so at Your own risk. Gade Capital does not endorse the contents nor in any manner represents the accuracy or correctness of information on such third party websites.
8.
Indemnity
You agree to indemnify and hold harmless, InvestBazaar, its officers, employees and agents, against any claims, losses, damages or costs arising from (i) Your use of the Website and its contents including any investment decision made by You on through Website, (ii) Your breach of these Terms of Use, or (iii) any acts or omission by You in relation to the Website and its use thereof, including but not limited to postings.
9.
Limitation of Liability
The aggregate liability of InvestBazaar to You or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, Your access and use of this Website and its contents and functionalities or for any reason related to the operation of the Website, shall not exceed Rupees One Thousand only (INR 1000/-). In no event shall InvestBazaar be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.
10.
Complaints
InvestBazaar takes matters related to intellectual property rights and privacy very seriously. Should You have any complaints regarding the Website, including but not limited to abuse and misuse of the Website, copyright infringement and the like, or any issues related to data privacy please report the same to following individuals by e-mail or letter:
InvestBazaar.com
Unit No.1023/24, Ijmima Tower,
Mindspace complex, Malad (West),
Link Road, Mumbai – 400 064
[email protected]
Please provide Your name, email address, physical address and contact numbers so that InvestBazaar Pvt Ltd may be in a position to verify details or check the authenticity of the complaints.
11.
General
(a)
Termination: InvestBazaar reserves the rights to terminate Your access to the Website at any time, in its sole discretion. You acknowledge InvestBazaar right to do so and waive any claim that You may have arising from such termination. Notwithstanding the termination of access, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.
(b)
Force Majeure: In no event shall InvestBazaar be liable for any acts beyond its control or for any acts of god
(c)
Access: This Website is intended for viewing in India, InvestBazaar does not make any claim that the Website and its contents may be lawfully viewed or accessed in the jurisdiction You are viewing it in. You are solely responsible for complying with laws applicable to You.
(d)
Waiver: No waiver of any provision of these Terms of Use shall be binding unless executed and notified by InvestBazaar in writing to You. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims You have against InvestBazaar arising from the Your use of the Website or any other users conduct.
(e)
Entire Agreement: These Terms of Use, the Privacy Policy and any other agreements you execute with InvestBazaar as relevant, shall constitute the entire agreement between You and Gade Capital for the use of the Website. Any modification to these Terms of Use shall only be binding if posted on the Website by InvestBazaar.
(f)
Conflict: These Terms of Use are in addition to any other agreements entered into between you and InvestBazaar. The Terms of Use are supplementary to the terms of the above mentioned terms and conditions. Nothing herein is intended to limit or reduce the applicability of the disclaimers and limitations contained in any such agreement. All disclaimers and limitations in these Terms of Use are in addition to the disclaimers and limitations contained in the relevant agreements. In case of conflict between the Terms of Use and any other agreement as relevant, the relevant agreement shall prevail.
(g)
Severability: If any provision of these Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.
(h)
Governing Law: These Terms of Use are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction and venue of the competent courts located in Bangalore, India for all disputes arising out of or relating to these Terms of Use.
