Agreement of Terms of Use of Website/Mobile App and Services
Date of last revision: 1st June 2019
This page (together with the Privacy Policy and Investor Services Agreement referred to herein) explains the terms of use (“Terms”) of using the website/Mobile App and services (“Services”) provided by WealthDirect Portfolio Private Limited (“WealthDirect.in”). We are located at C-57, Gulmohur Commercial Complex Sec-15 Noida U.P.201301,and Registered office at G-143 Bawana Industrial area Delhi India.
- WEALTHDIRECT is in the business of offering Schemes of Mutual Funds to the Investors in both Online (Electronic) through Recognized Stock Exchange or Mutual Fund Advisor Portal and Through Offline Mode (Physical Form Filing).
- WealthDirect is offering the Investor, through its website & Mobile App, the facility to access his Portfolio of various Asset Management Companies offering Investment products (hereinafter referred to as ‘the Investee’) where in the Investor may be allowed to make investments and/ or subscribe to various schemes online.
- The Investors are clients of WealthDirect and who have expressed their desire to avail of the aforesaid facilities provided by WealthDirect.
- The Investor is desirous of availing this facility offered by Company on the terms and conditions stated hereinafter.
1. Services Offered:
- Investor registering with WealthDirect, The Investor will provided an unique ID and Password to enable the Investor to access the Member services provided on the website/Mobile App of WealthDirect. The Investor shall be provided with the facility to change the Password in the area provided in the website. The Investor shall ensure that the Password which enables access to the various Member services shall be kept secret and not revealed to anybody else without exception.
- Upon successfully logging in, the Investor shall be allowed access to the member Services of WealthDirect website wherein the Investor shall inter alia, be allowed to Transact in the various Schemes of Mutual Funds.
- WEALTHDIRECT may inter alia, provide general information regarding the Financial and Capital Markets which will be accessible by the Investor.
- WEALTHDIRECT shall obtain the feeds from the Investees or their Agents and may provide Investment Reports of the investments of the Investor as per the formats designed by WealthDirect from time to time.
- WEALTHDIRECT may provide Comparisons between the schemes of the various Investees for investing in the schemes of the various Investees as Requested by Investor.
- WEALTHDIRECT may at its discretion offer the Investors and registered users various other services which WealthDirect may design from time to time.
- WEALTHDIRECT reserves the right to alter, suspend, limit or withdraw any or all of the services available on WealthDirect‟s website in respect of one or all users at any time with prior notice of one working day.
- WEALTHDIRECT may offer the Investor the facility to use the Payment Gateway available to WealthDirect, to enable the Investor to make payments towards the investments with the Investee. The charges for the facility to use the Payment Gateway shall be borne by the Investor and shall be as decided by WealthDirect and communicated to the Investor from time to time. Currently, WEALTHDIRECT has entered into an agreement with NSE & BSE, Desired Exchange form is required to be duly Completed & Signed to Transact Online.
- The date, time, value and other matters displayed on the confirmation screen provided by the Investee’s website and registered in the database of the Investee or their Agents shall be final and the same shall be binding on the Investor.
2. Disclaimers:
- WealthDirect has provided links to third party websites merely as a matter of convenience, and does not monitor and shall not be responsible for the content, quality and accessibility of sites accessed through such links. WealthDirect shall not be responsible for any matter or dispute arising between the Investor and the third party websites under any circumstances whatsoever.
- The Investor shall be responsible for all personal and other data provided by them to WealthDirect or the Investee through WealthDirect‟s Websites. WealthDirect shall not be responsible for any leakage or disclosure of such information provided by the Investor to the Investee’s websites either during the currency of these presents or at any time thereafter.
- WealthDirect shall Endeavour to secure the contents of WealthDirect‟s website against unauthorized access by deploying reasonable and commercially justifiable security measures. WealthDirect accepts no liability for any claims arising out of unauthorized access to their website, whether attributable to the negligence of the investor or otherwise except by the proven malicious or mala fide act of WealthDirect.
- In spite of the best efforts of WealthDirect to keep WealthDirect‟s website online at all times, access to the same may be restricted, inaccessible or unavailable to the Investor for various reasons for different periods of time. WealthDirect shall not be liable for any losses incurred by the Investor, notional or otherwise, attributable to such restrictions, inaccessibility or unavailability.
- The responses for certain services shall be through Email. The investor confirms that he is aware that email messages can be intercepted without authorization while in transit or while in the mailbox of the recipient. WEALTHDIRECT shall not be liable for such unauthorized I n t e r c e p t I o n or access under any circumstances whatsoever.
- WealthDirect website / Mobile App shall endeavor to keep information provided on WealthDirect‟s website current and accurate on a “best effort” basis. However, WealthDirect makes no warranties as to the accuracy of the data available on its website and shall not be liable for any losses incurred by the Investor in this regard under any circumstances whatsoever.
- WealthDirect strongly recommends that investment and transaction decisions based on the information,literature,factsheet,KIM and/or other material etc. of the mutual fund and investors should not base their investment and transaction decisions only on the data available on the Investee website(s). All investments must be carried out by Investors after careful perusal of the offer document and risk factors associated with each Scheme. WealthDirect shall not be liable for any losses incurred by the Investor arising from any such decision.
- The Investor shall also have the option to apply for Units in single name of anyone or more names of the joint account holders of the designated bank account subject to the terms and conditions of the relevant SID. WealthDirect also agrees to the disclosure of the Commission details as per SEBI circular dated 30th June, 2009;
3. Representations By Investor:
- The Investor agrees that the Investor shall not, under any circumstances hold WealthDirect responsible for any data loss, or leakage of data, information or passwords of the Investor provided the same is not caused due to the negligence, misconduct or act of fraud of WealthDirect.
- The Investor acknowledges that the consolidated holding statement provided by WealthDirect is based on the feeds received from the Investee or their Agents and shall not hold WealthDirect responsible or liable for any errors in the consolidated holding statement.
- The Investor shall not hold WealthDirect responsible, neit her WEALTHDIRECT is liable for any damages caused due to the Investment decisions made by the Investor based on the Schemes offered by WealthDirect.
- The Investor shall at all times be bound by the terms and conditions as laid down by WealthDirect and published on their website from time to time with regards the number of transactions, transaction charges, cut off times for transactions, etc. The Investor hereby confirms that he is aware that the cut-off timing mentioned on the Investee Websites may be prior to the statutory cut-off timing specified under SEBI Regulations and the SID/SAI for operational convenience;
- The Investor is aware that WealthDirect has entered into various agreements with various Third Party Service Providers to enable the Investor to execute the transactions smoothly, copies of which will be provided to the Investor on demand and hereby undertakes not to commit any act which would violate the agreement executed by WealthDirect with any Third Party Service Provider and also confirms that Investor shall not held WealthDirect Responsible for any breach caused by third Party Service Provider and liable for any costs and consequences thereof.
- The Investor shall not hold WealthDirect responsible or liable for the transactions initiated by the Investor on the websites of the various AMC‟s, due to non-availability of the websites of the various AMC‟s or due to the failure of the Payment Gateway offered by WealthDirect, provided the same is not caused due to the negligence, misconduct or act of fraud of WealthDirect.
- The Investor declares that the Investor has complied with and shall at all times remain in Compliance with all applicable laws, rules, regulations, etc. of any designated authority.
- The Investor hereby authorizes WealthDirect to receive the investment details which will be forwarded by the Investees to WealthDirect. The Investor hereby undertakes to execute all such documents as required by the Investee for such authorization.
- The Investor confirms that they are aware that the Investee shall share information about the Investor’s investment with the Investee, with WealthDirect and the Payment Gateway provider for the processing of the transaction requests of the Investor and the Investor hereby grants their „no objection‟ to the same
- The Investor shall file the requisite Nomination with each of the various Investee’s as required by the Investees.
- The Investor understand and agrees that the instructions, given by the Investors to WealthDirect, for transacting in units of investee companies, will be forwarded by WealthDirect or its contracted Service Providers to the investee companies in electronic log file format and the investee companies will process the transactions on the basis of such electronic log file only.
4. Lock in Period :
This is to Declare that I the Investor have been informed about Lock in Periods of Different Schemes – HDFC Children Gift Fund,,ICICI Prudential Child Care Plan ,ABSL Bal Bhavishya Yojana,Axis Children Gift Fund & other Mutual Fund Oriented Child Funds has a Mandatory lock in of 5 Years and every Subsequent Transaction will be locked in 5 Years And These Schemes Doesn’t offer any 80 C as per Income tax Act.
This is to Declare that I the Investor have been Informed about Lock in Periods of Different Retirement Schemes of Mutual Funds – HDFC Retirement savings Fund, Reliance Nippon Retirement Fund,UTI Retirement Benefit Pension Fund, Franklin India Pension Plan,ICICI Retirement Fund,ABSL Retirement Fund and other Mutual Fund Oriented Retirement Funds has a Mandatory lock in of 5 Years on Every and Subsequent Transaction will be locked in for 5 Years And Every Transaction is Locked For 5 Years And These Schemes offers deduction under section 80 C as per Income tax Act. But Tata Retirement Fund, ABSL Retirement Fund & ICICI Prudential Retirement Fund doesn’t offer Tax Deduction and Tata Retirement Fund has Exit Load applicable before 3 Years.
This is to Declare that I have been Informed about ELSS Schemes of Mutual Funds has a Lock-in Period of 3 Years On initial and Subsequent Transactions. And Every Transaction is locked for 3 Years.
Authority to Company: As the transaction is to be processed through the website/Mobile App of WealthDirect or Digital Transaction created manually by WealthDirect on behalf of Investor through NSE/BSE, Every transaction is Required to be authorized by Investor which is sent on his mobile number and Email id for Approval and without investor approval the transaction cannot be processed & Investor cannot Declare later that he was not aware of Transaction done. The Investor hereby confirms that he is aware of the various procedures, guidelines, rules and regulations governing the Investee and shall not hold WealthDirect responsible for any losses or claims in this regard.
Scheme Offering, Lock in and Time Horizon :
Scheme Time Horizon Scheme Time Horizon Thematic / Small cap Funds – 8-10 Years + ELSS Funds 5 Year+ (lock in of 3 Years) Midcap Funds 7-10 Years + Large-cap / Balanced Fund 5 Years + Multicap Funds 5-7 Years + Long term plan Debt 3-5 Years+ Medium Term Plans Debt 3-4 Years Short Term Plans Debt 1-3 Years Equity Savings Fund 3-5 Years Ultra short term Debt less than Year Children Fund lock-in of 5 years (Please Note Lock in is applicable on Every Transaction & Subsequent Transaction) Retirement Funds lock-in of 5 years (Please Note Lock in is applicable on Every Transaction & Subsequent Transaction). ELSS Funds lock-in of 3 years (Please Note Lock in is applicable on Every Transaction & Subsequent Transaction).
Termination: This agreement may be terminated by either party by giving to the other 1 (one) months’ notice in writing. Provided that where, in the opinion of WealthDirect, the investor has indulged or is indulging in any activity which is detrimental to the interests of WealthDirect, Investees or any other investor(s), this agreement may be terminated by WealthDirect by giving 3 (three) days’ notice in writing to the Investor.
Consequences of Breach: In the event the Investor contravenes any other provision contained herein, WealthDirect shall issue a notice to the Investor to remedy the defect within the time specified in the notice. Upon failure by the Investor to remedy the defect within the specified time, this agreement may be terminated by WealthDirect at their sole discretion and WealthDirect shall, without prejudice to any other remedy under the law, be entitled to recover damages for any loss caused to them.
Indemnity: In the event that either Party (defaulting party) commits a breach of any of the provisions of this agreement, or where the representations made by the defaulting party are found to be inaccurate or inconsistent with the facts, the defaulting party agrees to indemnify and keep indemnified the other party against any penalties, charges or other liabilities and all costs, litigation, (including the costs of defending any litigation), if any.
Severability: If any section, paragraph or clause of this Agreement shall be held to be invalid or unenforceable by any appropriate authority then the meaning of such section, paragraph or clause shall be so constructed so as to render it enforceable to the extent feasible and if no feasible interpretation would save such section, paragraph or clause it shall be severed from the Agreement and the remaining portion of the agreement shall continue with full force and effect. If such section, paragraph or clause is considered an essential element of this Agreement, the parties shall promptly negotiate a replacement thereof. In the event the parties are unable to agree upon the replacement within 30 (thirty) days of the final decision rendering such terms invalid or unenforceable, the parties may terminate this Agreement by mutual consent.
Delivery of Notice: Any notice, request, consent, waiver or other communication required or permitted hereunder shall be effective only if it is in writing and shall be
deemed received by the Party to which it is sent –
- upon delivery when delivered by hand,
- three days after being sent, if sent with all sending expenses prepaid, by an express courier with a reliable system for tracking delivery,
- when transmitted, if sent by confirmed facsimile, or
- 14 days after the date sent, if sent by certified or registered mail, postage prepaid, return receipt requested, addressed as follows:
If to WealthDirect: If to the Investor:
WealthDirect Portfolio Private Limited _______________________________
C-57 ,Gulmohur Commercial Complex Sec-15 Noida U.P.
Forbearance : No relaxation, forbearance, delay or indulgence by WealthDirect in enforcing any of the terms and conditions of this agreement shall prejudice, affect or restrict the rights and powers of WealthDirect hereunder nor shall any waiver by WealthDirect of any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.
Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, both written and verbal, between the parties hereto with respect to the transactions contemplated herein. No reference shall be made by either party to any other document or communication for the purposes of interpreting this agreement or in support of its stand.
Conciliation: All disputes and questions whatsoever which may arise either during the subsistence of this agreement or afterwards, between WealthDirect and the Investor shall firstly be referred to conciliation of a single conciliator to be appointed jointly by the parties to the dispute and such conciliation proceedings shall be in the English language at New Delhi, India. The Conciliation proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any other statutory modification or re-enactment thereof for the time being in force and any settlement arrived at between the parties through such conciliation shall be binding on all the parties to the said dispute.
Arbitration: In case any dispute between the parties cannot be resolved by means of the conciliation proceedings or if at any time during the pendency of conciliation proceedings, any party deems it necessary for the preservation of his/her rights, any dispute whatsoever which may arise either during the subsistence of this agreement or afterwards, between the parties shall be referred to the arbitration of a single arbitrator to be appointed by WealthDirect and such arbitration shall be in the English language at New Delhi, India. The arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any other statutory modification or re-enactment thereof for the time being in force and any award or awards of such arbitrator shall be binding on all the parties to the said dispute.
Authority to execute: Both signatories confirm that they have the full authority and sanction of their respective governing bodies to sign and enter into this agreement and this agreement shall be placed before the next regular meeting of their respective governing body for ratification.
Jurisdiction: All disputes shall be subject to the jurisdiction of the Courts at New Delhi, India.
- Using Our Services
- WealthDirect is Among India’s advanced and friendly investing service. Please don’t misuse our Services. For example, don’t disrupt our Services or try to access them using a method other than the interface and the instructions that we provide. If you interrupt, destroy or limit the functionality of our Services, we may stop providing our Services to you and pursue legal action against you.
- Using our Services does not give you ownership of any intellectual property rights, including any branding or logos, in our Services or the content you access. You may not use content from our Services unless you obtain our permission first, and attribute ownership appropriately.
- If you have provided us your contact details, such as email or phone number, we may send you announcements, messages or information on our Services and how to use them. You may opt out of some of these messages.
- Your Privacy and Data Protection
- WealthDirect’s Privacy Policy ( available at: https://WealthDirect.in/privacy-policy ) explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that WealthDirect can use such data in accordance with our Privacy Policy.
- WealthDirect Intellectual Property
- WealthDirect owns all intellectual property rights in respect of the Services including any literature, reports, data, drawings, designs, diagrams, tables, software, source code or object code or other information or materials, howsoever stored or held, acquired, created, developed, designed or in any way prepared, by WealthDirect.
- The “WealthDirect” name and logos and all related names, trademarks, service marks, design marks, and slogans are the trademarks or service marks of WealthDirect Portfolio Private Limited.
- You may not use the WealthDirect logo in any manner that is deceptive or disparaging, or in connection with any product or service that WealthDirect does not explicitly endorse. If you wish to use WealthDirect’s trademarks, please contact [email protected]
- Your Content in our Services
- Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, your information stays yours.
- When you upload, submit, store, publish, send or receive content to or through our Services, such content must not: be harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially or ethnically objectionable, disparaging, and relating to or encouraging money laundering or gambling. harm minors in any way.
- infringe any patent, trademark, copyright or other intellectual property rights.
- deceive or mislead the reader about the origin of such messages or communicate any information that is grossly offensive or menacing in nature;
- contain software viruses or any other programs designed to interrupt, destroy or limit the functionality of another computer or mobile device.
- threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order.
- cause the incitement to commit any offence or prevent the investigation of any offence.
- be insulting to any other nation.
- be insulting to any other nation.
- Please also note that under the Information Technology Act, 2000 and rules framed there under, the above actions may be criminal in nature.
- Your WealthDirect Investment Account
- You will need a WealthDirect investment account in order to make investments, the operation of which, is additionally covered by the Investment Services Agreement ( available at: https://WealthDirect.in/services-agreement ). By initiating registration for the investment account you acknowledge your acceptance of the Investment Services Agreement.
- Modifying and Terminating Our Services
- We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may stop a Service altogether. In each case, we will give you reasonable advance notice.
- You can stop using our Services at any time. WealthDirect may also stop providing Services to you, or create new limits to our Services at any time.
- Warranties and Disclaimers
- The information we provide through our Services does not constitute advice. Please seek independent financial advice when making investment decisions.
- Other than as expressly set out in these Terms or the Investor Services Agreement, neither WealthDirect nor its service partners make any specific promises about the Services. We don’t make any commitments about the content within the Services, the specific functions of the Services, or their availability to you at all times. We provide the Services “as is”.
- Liability for Our Services
- When permitted by law, WealthDirect and its service partners will not be responsible for lost profits, revenues, or data, financial losses, or any damages.
- In all cases, WealthDirect and its service partners, will not be liable for any loss or damage that is not reasonably foreseeable.
- About these Terms
- We may modify these Terms to reflect changes to the law or changes to our Services. We will notify you of such changes. Changes will never apply retroactively and will be effective immediately on posting. If you do not agree to the modified Terms, please discontinue your use of the Service.
- If there is a conflict between these Terms and the terms of our Investor Services Agreement, the terms of the Investor Services Agreement will prevail for that conflict.
- These Terms govern the relationship between WealthDirect and you. They do not create any third party beneficiary rights.
- If you do not comply with these Terms, and we do not take action immediately, it will not be construed as our consent to your non-compliance.
- If any term contained in these Terms is unenforceable, it will not affect the other Terms.
- You agree that the laws of India will apply to any dispute arising out of or in relation to these Terms or the Services.
- All disputes will be subject, first, to mediation, and then by arbitration by a sole arbitrator appointed by WealthDirect in accordance with Indian law. The venue of arbitration will be Delhi.
- If you do not agree with these Terms, please stop using the Services.
- SEBI Caution
- Mutual fund investments are subject to market risks, read all scheme-related documents carefully. Past performance is not an indicator of future returns.