This Term and Condition Services Agreement (“Agreement”) is made and entered into:
OWNERSHIP
The MutualFundWala is owned by Mr Shashi Kant Bahl, who is the sole proprietor of this proprietorship, and the main promoter of PP Mutual Fund Services Pvt. Ltd.
MutualFundWala (ARN – 96039) and PP Mutual Fund Services Pvt Ltd (ARN – 275889) are the 2 ARN where our business are conducted.
BETWEEN
PP Mutual Fund Private Limited, having its principal place of business at 2nd floor, Plot no 6, near Yes Bank, Basant Lok, Vasant Vihar, New Delhi, Delhi 110057
AND
You (hereinafter collectively referred to as “Client” or “You”). If you are entering into this Agreement on behalf of a legal entity you represent that you have the authority to bind such entity to these terms and conditions, in which case the term “Client” or “You” shall refer to such entity.
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein, MutualFundWala and You hereby agree as follows:
Using Our Services
- You may make use of our Services through our online web portal, mobile app
- MutualFundWala complies with all regulations and compliances as per Indian law. If you are accessing our Services from any jurisdiction outside India, the onus of compliance with the local laws lies on you.
- Some of the Services, provided by us or our Service Partners, may have restrictions on use depending on criteria such as, but not limited to, your place of residence, nationality, age, wealth, source of income/wealth etc. You agree to provide accurate information for us and our Service Partners to comply with such restrictions.
- If you have provided us with 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 unless they are necessary for the delivery of Services; for compliance with regulations; or, for information security, e.g., password change alerts cannot be opted out of.
- You agree that if the Services rendered by MutualFundWala under this Agreement are availed by multiple persons, Client 1 will be designated as the primary contact and appointed as the single point of contact by the signatories of this Agreement. The primary contact shall communicate with MutualFundWala concerning this Agreement and any other matters about the Client’s accounts. Any change in the designated primary contact shall forthwith be communicated to MutualFundWala, in writing. In the case of a legal entity, the primary contact shall be the person duly authorised by the legal entity to sign this agreement.
- Your clicking on the “I accept” checkbox is the legal equivalent of your signing this Agreement and accepting the terms thereof. Utilisation of certain Services shall require your additional consent which shall be recorded as and when you choose to utilise such Services. Any additional details or information regarding the provision of any Services, as required by Applicable Law, shall be displayed to you prior to your utilisation of any such Services.
- Please don’t misuse, disrupt, interrupt, destroy or limit the functionality of our Services; or try to access them using a method other than the interface and the instructions that we provide. If you do so, we may stop providing our Services to you and pursue legal action against you.
Identity & Authentication
MutualFundWala will establish your identity on its online Services by means of a phone number or email and will authenticate it by either a password selected by you, or a one-time password (OTP) sent to your email or mobile phone, or third-party authentication services provided by third parties such as Google and Facebook, or biometric identification enabled by your device. Any instructions provided to, or communication with, MutualFundWala or its Service Partners that are so authenticated will be considered to have originated from you.
Choice of Distribution services
The choice of your subscription shall define the range & scope of Services which shall be made available to you per applicable laws.
Third-Party Service Partners
For the provision of Services, MutualFundWala may utilise third-party service partners (“Service Partners”) other than MutualFundWala. The use and operation of any integrated services from our Service Partners such as investment portfolio management, investing etc. will be additionally governed by the relevant service terms and contracts of the respective Service Partners. MutualFundWala shall not be liable for any penalties, loss or damage which is incurred by You due to the negligence or actions of any Service Partner of MutualFundWala and not caused by any action of MutualFundWala.
Provision of Services
You acknowledge and agree that for the provision of Services under this Agreement:
- MutualFundWala shall carry out all activities that are required to fulfil its regulatory obligations for the provision of Services under this Agreement.
- Your access to our Services is associated with a username and password (together with “Login Credentials”) and MutualFundWala will consider the instructions placed with the use of your Login Credentials to have originated from You. You are solely responsible for the security of your Login Credentials. MutualFundWala shall not be held liable for carrying out any instructions placed from your account utilising your Login Credentials which may be unauthorized due to any reason including an information leak or security breach on your part.
- MutualFundWala may utilise third-party vendors (“Vendors”) for support in the provision of Services.
- Any sort of graphical representations, recommendations, feedback and reviews, provided on the investment platform, are in no way a guarantee for the performance of the Mutual Funds.
- Other than as expressly set out in this Agreement, neither MutualFundWala nor any of its Service Partners, as the case may be, make any specific promises about the Services provided. The Services are provided ‘as is’.
- Your bank may charge you a fee for facilitating transactions, or for failing to maintain sufficient balance to make an investment from your bank account. MutualFundWala does not levy nor does it receive those charges.
- Grievance Redressal & Communication MutualFundWala provides multiple channels for you to request support or to communicate any grievances you may have:
- By sending an email to info@mutualfundwala.com
- By phone on 011-4053 7575.
- Any of your queries & requests shall be responded to within 2 (two) working days of receipt. Resolution, appropriate and to your satisfaction shall be provided as soon as possible depending upon the nature of the request.
If you are not satisfied with the resolution provided, you may escalate your grievance to info@mutualfundwala.com
TERMS FOR DISTRIBUTION SERVICES
MutualFundWala will provide access to its online technology platform for the provision of Services which include:
- facilitation of subscription and redemption of any Mutual Fund Scheme;
- facilitation of non-financial transactions which will include services such as changes in your information.
- provision of information and offer documents of all mutual funds available through its platform.
COMPLIANCE WITH LAW
You acknowledge and agree that
- Your investments through MutualFundWala are subject to, and will be in full compliance with, the laws of India; any international agreements/treaties to which India is a party to; relevant regulations from SEBI & other regulatory bodies; the terms & conditions of respective mutual fund schemes and AMCs; and the codes and guidelines applicable to mutual fund distributors (“Applicable Law”).
- You shall provide true and correct information to MutualFundWala and agree to provide, on time.
- Investments made by you shall be from your verified bank account (primary holder’s bank account where such account is a joint account), from legitimate sources and if you are a non-resident of Indian origin, You will remit funds from abroad only through approved banking channels from funds in your NRE/NRO account following Applicable Law.
PROVISION of SERVICES
You acknowledge and agree that:
- You have the necessary authority to place investment and other instructions:
- using net banking or unified payments interface(UPI) through your verified bank account, or
- using a mandate approved by your bank.
- using a credit card, wherever permitted
- Your instructions will be processed the same day if received before the cut-off times specified by subject to the norms followed by the relevant relating to the receipt of your investment funds. If not, they will be processed on the next business day or in accordance with the applicable norms of the specific Manufacturer
- Mutual fund investments are subject to market risks and You shall have read all relevant scheme documents issued by the AMC, such as Offer Document, Scheme Information Document, Statement of Additional Information, and Key Information Memorandum (“Offer Documents”) carefully before investing. You understand that the past results of a mutual fund are not a guarantee to its future performance.
- Investments in any Products are subject to market and other risks. You shall have read the relevant documents relating to details of the Products issued by the Manufacturer of the relevant Product carefully before investing. You understand that past results of a particular Product are not a guarantee to its future performance.
- Based on the Products in which you are investing / may invest, you may need to seek independent financial planning, legal, accounting, tax or other professional advice before investing or withdrawing.
Term and Termination
These Terms are valid for a continuous period unless you terminate your acceptance of these Terms by closing your account
- These Terms as well as the Agreement set out above entirely govern the relationship between MutualFundWala and You. They do not create any third-party beneficiary rights.
- Any appendix to these Terms shall constitute a part of these Terms.
- If any provision contained in these Terms is unenforceable, it will not affect the other provisions of this Agreement