TERMS AND CONDITIONS

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The terms and conditions (hereinafter referred to as "Terms and Conditions") and any other information referred or linked to in these Terms and Conditions will apply to a person (hereinafter referred to as the "User" which expression shall, where context so requires, include more than one User) or who may execute any transaction for the purchase, redemption and switching of units or for change in personal profile data (hereinafter referred to as "Transaction(s)") of any scheme offered by the AMC’s supported by Karvy Computershare Private Limited (hereinafter referred to as "Units") irrespective of the commercial value via any service offered by the respective AMC either through its website or/and mobile applications, who may access the website at www.karvymfs.com / Application via KTrack mobile app hereinafter referred to as "Website /Mobile App.", call centers, mobile phones, fax or any other electronic or other medium (hereinafter referred to as a "Facility"). A Facility shall be capable of transmitting or communicating any communication or information using devices having access to such media with the use of One time password (hereinafter referred to as "OTP") any other secure information or method provided by Karvy Computershare Private Limited , (hereinafter referred to as "Registrar") to the Users generated by or at any medium as aforesaid.

ANY USER ENTERING INTO ANY TRANSACTION BY USING A FACILITY IS REQUIRED TO READ THESE TERMS AND CONDITIONS AND WILL BE BOUND BY THESE TERMS AND CONDITIONS AND IS ADVISED NOT TO ENTER INTO ANY TRANSACTION IF HE HAS NOT READ OR UNDERSTOOD ANY OF THESE TERMS AND CONDTITIONS. IF ANY TRANSACTION HAS BEEN ENTERED INTO BY ANY USER, THAT ACT OF ENTERING INTO THE TRANSACTION SHALL ITSELF EVIDENCE THAT THE USER HAS READ AND UNDERSTOOD THE TERMS AND CONDITIONS STATED

  • ON THE WEBSITE / Mobile App.;
  • IN THE SCHEME INFORMATION DOCUMENT ("SID") READ WITH ADDENDUM'S ISSUED FROM TIME TO TIME by the respectiveAMC’s;
  • IN THE STATEMENT OF ADDITIONAL INFORMATION ("SAI") READ WITH ADDENDUM'S ISSUED FROM TIME TO TIME by the respectiveAMC’s
  • IN THE KEY INFORMATION MEMORANDUM ("KIM") READ WITH ADDENDUM'S ISSUED FROM TIME TO TIME by the respectiveAMC’s
  • IN ANY SUCH MARKETING DOCUMENTS ISSUED FROM TIME TO TIME by the respectiveAMC’s

AND THAT SUCH TERMS AND CONDITIONS WILL APPLY TO EVERY SUCH USE OR ACCESS TO A FACILITY. ANY USER WHO DOES NOT WISH TO ACCEPT ANY OF THE AFORESAID TERMS AND CONDITIONS HE/SHE MAY NOT USE ANY FACILITY PROVIDED BY Karvy Computershare Pvt Ltd.

If the User is availing any Facility, then, the Terms and Conditions shall govern all dealings between the User and registrar with respect to the Transactions made by the User using such Facility as also any other Facility. If the User has already registered with Web site / KTrackfor utilizing a Facility then the Terms and Conditions shall be in addition to and not in derogation of the existing terms and conditions governing the use of such Facility.

PRE-REQUISITES

The investor who wishes to invest through "Website /Mobile App" shall complete all the mandatory formalities as per the necessary regulations that are applicable as part of Mutual Fund investments in the respective fund. The user authorises registrar to rely on the documents uploaded by him/her through this module or/and the documents/information including his/her specimen signature obtained from KRAs or any approved authority as per the regulators.

EXCLUSIONS AND LIMITATIONS

  1. Registrar does not represent or warrant that:-
    1. access to a Facility by the User; or any part of it will be uninterrupted, reliable or fault free;
    2. a Facility or any of its contents will be accurate, complete or reliable;
    3. any services (whether or not provided by Registrar) will be provided with due care and skill; and
    4. it acknowledges receipt of any Transactions or verifies such Transactions.
  2. Registrar shall not be liable for:-
    1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating a Facility or any information on a Facility;
    2. the unavailability of a Facility (or any part of it), products or services;
    3. any delay in providing, or failure to provide or make available, products or services or any negligent provision of products or services;
    4. any misrepresentation on or relating to a Facility, services
    5. the non-execution of any Transaction where Registrarhas a reason to believe that the Transactions are not genuine or unclear or doubtful or otherwise cannot be put into effect.
  3. The User agrees and acknowledges that he/she will take full responsibility for any Transactions executed using a Facility, abide by the records of Transactions maintained by Registrar and that such records shall be conclusive proof of such Transaction and shall be binding on the User and may be used as evidence in any proceedings.
  4. The User agrees that each of these exclusions and limitations are reasonable having regard to the nature of a Facility.
  5. None of the above exclusions and limitations shall affect any statutory rights which are not capable of being excluded.
  6. Each of the above exclusions and limitations shall be construed as a separate and severable provision of these Terms and Conditions.

FATCA DECLARATION

I/We hereby declare that I/We have understood the nature of questions in the Form and the importance of disclosing all the material information required. I/We declare that the information is to the best of my/our knowledge and belief, accurate and complete. I/ We agree to notify Registrars or AMCs immediately in the event the information in the confirmation changes. I / We hereby authorize you to disclose, share, remit in any form, mode or manner, all / any of the information provided by me / us, including all changes, update to such information as and when provided by me / us to Registrars or AMCs to any Indian or foreign governmental or statutory or judicial authorities / agencies, the tax / revenue authority and other investigation agencies without obligation on advising me / us of the same.

ACCESS

Karvy Computershare Pvt Ltd reserves the right in its sole discretion to deny the User, access to any Facility or any part of a Facility without notice and to decline to provide the products or services to the Users who are in breach of these Terms and Conditions of use.

SUBSCRIPTION AND CHARGES

TheseFacilities offered by Registrar to the User at no cost.

LINKS TO OTHER SITES

Certain links, including hypertext links, in a Facility shall take the User outside the Facility. Links are provided for the Users convenience and inclusion of any link does not imply endorsement or approval by Registrar of the linked site, its operator or its content

TERMINATION

Registrar may terminate access to a Facility for any User if he/she is in breach of any of these Terms and Conditions, in accordance with these Terms and Conditions.

SUSPENSION

Registrar may temporarily suspend access to a Facility for the User if he/she fails to comply with the KYC norms, delay in making the payment for a Transaction, delay in receipt of documents/information etc from third party source, or fails to comply with any rules, regulations, procedures or formalities notified by SEBI or any other regulation authority with respect to a Transaction or commits breach of any of the Terms and Conditions.

EVENT OF DEATH

In the event of death of the User (or any of them), all the Units in the name of such deceased User shall stand transferred to the nominee of such deceased User and if there are more than one nominees, then the Units shall be transferred in equal proportions to each nominee.

PAYMENT MODES

Online transfer from the User's Bank Account is the only acceptable method of payment for executing any Transaction on any Facility. The payment must be made in full and should be derived through legitimate sources and legally belonging to the user and not of any third party. Registrar may introduce such other payment modes or method of payment like Debit Card, Mobile Wallet, Virtual Currency, RTGS/NEFT, One time Mandate etc. As and when such payment modes are introduced such payment modes shall also be acceptable method of payment for executing any transaction.

USER OBLIGATIONS

  1. The User of a Facility shall not:-
    1. violate any applicable law or encourage or provide instructions to another to do so;
    2. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    3. post any infringing, obscene, indecent, or unlawful material or information;
    4. misrepresent his/her identity;
    5. collect or store personal information about any other person;
    6. send "spam" messages to any other person or Registrar ;
    7. upload files that contain viruses, corrupted files, or any other similar software or applications that may damage any other persons computer;
    8. falsify the meta data of the file that is uploaded;
    9. download any file posted by another User;
    10. legally distribute any content from a Facility; or
    11. exit any Facility without logging -off at any time when he/she is not using such Facility (Email ID & Mobile No.)
  2. The User acknowledges and agrees that

i. he/she is aware of all security risks including possible third party interception of his/her account and the content of his/her account becoming known to third parties;

ii. understands that the use of any Email ID, Mobile, Facility is not a secure method of viewing, accepting and transmitting information and that it involves security hazards and the risk of any loss of information or obtaining of information or misuse by any third party of his/her account and Registrar shall, in no way, be held responsible for the same and shall not be considered as a breach of its or its constituent company's User confidentiality provisions;

iii. even though his/her Mobile No. is registered under the National Do Not Call Registry (NDNC), he/she explicitly permits Registrar to send and he/she would like to receive various communications and registrar shall in no way be held responsible for & the same shall not be considered as a breach of such TRAI Regulations/Guidelines;

iv. he/she will not use any Facility on an electronic device which belongs to any other person or which is provided to the User by his/her employer, except with such person's or, as the case may be, his/her employer's previous permission. In the event the User does not comply with this provision, Registrar shall not be held responsible for any harm or loss caused to any person/User. Registrar shall not be held responsible if the electronic device via which the User utilizes a Facility contains software applications, due to which any conflict which may arise resulting into loss of information or any other damage;

In relation to the Transactions entered into by the User using a Facility and any additional right or obligation created therein. He/she shall be bound by his declarations and authority provided to CVL while seeking compliance under the KYC procedure including disclosing/sharing/remitting his/her information to the Mutual Fund.

REPRESENTATIONS AND WARRANTIES
User represents and warrants that:

  1. he/she is above 18 years of age and capable of executing the Transactions using the Facilities offered by Registrar;
  2. the requisite power and authority and all necessary permits, authorizations, consents, and approvals to execute, deliver and perform obligations by every User and to consummate the Transactions contemplated herein and to be entered into by every User under or in connection with the purchase/sale/switching of Unit have been obtained and are in full force and effect without any modification or variation;
  3. his/her the performance does not: (i) conflict with or result in any material breach or violation of any of the Terms and Conditions of, or constitute (or with notice or lapse of time or both constitute) a default by a User of any of the Terms and Conditions of which it is a User or by which it is bound; (ii) violate any court order, judgment, injunction, award, decree or writ against, or binding upon any of the User or upon the securities, properties or business of any User: or violate any applicable Law or any other jurisdiction in which any User maintains a residence or business presence; and (iii) each of the User has read and understood the Terms and Conditions which constitute a valid and binding obligation on part of the User being enforceable against him/her in the event of any breach by any of him/her of any of the provisions stated herein

SMS AND EMAIL ALERTS

SMS alerts and email notifications of the Transactions executed by a User in addition to various communications, updates etc. may be provided by Registrar to the User on providing information like the email address and the mobile number (even if the user has registered his/her mobile number under the National Do Not Call Registry) of the User. The User must inform registrar or/and AMCs immediately about any change in the email address and/or mobile number. Registrar shall not be held responsible for any damage or loss of information or breach of confidentiality in relation to providing such service to the User and the User hereby acknowledges that he/she will take full responsibility with regard to SMS alert and email notification services provided.

COPYRIGHT

All rights in the design, text, graphics, process/procedure, communication and other material on any Facility and the selection or arrangement thereof are the copyrights of Registrar or other third parties. Permission is granted to the User to copy and print (to the extent permitted) in hard copy portions of any Facility solely in connection with the Transactions through a Facility. Any other use of the content on the Facility (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without prior written permission of Registrar is strictly prohibited.

NO COMMERCIAL USE

The User agrees that he/she will use any Facility only for his/her personal use and that he/she shall not exploit such Facility or any of its contents for any commercial purpose.

THIRD PARTY RIGHTS

The User acknowledges and agrees that the representations and warranties are intended to grant rights to, and operate for the benefit of, all the service providers to a Facility and that each such service provider may rely upon and enforce such representations and warranties against the User.

VARIATIONS

Registrar reserves the right at any time without notice to revise the content of any Facility and these Terms and Conditions.

EVENTS BEYOND CONTROL

Registrar shall not be liable to the User for any breach of these Terms and Conditions of use or any failure to provide or delay in providing the products or services through a Facility resulting from any event or circumstance beyond reasonable control of Registrar including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.

UNENFORCEABILITY

The enforceability or otherwise of any of the Terms and Conditions shall not affect the enforceability of the rest of the Terms and Conditions

NO TRANSACTIONS

No Transactions on any Facility shall be executed

  1. by the User who is below 18 years of age; or
  2. by any User acting through a Power of Attorney; or
  3. by arrangements with brokers/distributors/third party websites.
  4. by the user who is residing in Canada or a United States person within the meaning of Regulation(s) under the United States Security Act of 1933, as amended from time to time or of any country not compliant under the FATF Agreements.


Registrar reserves the right to reject and pay the investment amount or the NAV value less load (as the case maybe) (unless specifically permitted) the Transactions executed by any of the persons or methods provided in this provision.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

Registrar is not responsible or liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use a Facility and its content, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organisations or entities were advised of the possibility of such damages.

NO ENDORSEMENT

The User shall not publicly represent or imply that Registrar is participating in, or has sponsored, approved, or endorsed the manner or purpose of the User's use or reproduction of the contents on a Facility. Registrar reserves the right to prosecute, to the fullest extent of the law, any use of Registrar's Facility contents in a manner that falsifies, misrepresents, disparages, or fraudulently uses the contents.

INVESTIGATION

Registrar may investigate any suspected breaches of its Facilities security or its information technology or other systems or networks, breaches of these Terms and Conditions and may involve with law enforcement authorities in investigating such matters, prosecuting the violators to the full extent of the law, and discontinue a Facility or terminate access to it for any User at any time, without notice, for any reason and without any obligation to the User whatsoever.

LOG FILES

Registrar uses IP addresses, IMEI to administer a Facility and track User movements.

COOKIES

Facility provided by Registrar uses cookies / recordings / images etc. to retrieve User details for each visit which are used in some areas of such Facility. Some of our affiliate / service partners may also use cookies.

CONFLICT

Where any conflict or contradiction appears between the Terms and Conditions of a Facility and any other relevant terms and conditions, policies or notices, the Terms and Conditions of such Facility shall prevail.

CESSION

Registrar shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant Terms and Conditions, policies and notices to any third party. No User shall cede, assign or delegate any of his/her rights or obligations under any Facility.

CONFIDENTIALITY

Registrar shall not copy or distribute any User's information maintained by him/her for any purpose other than providing access to the User for using any Facility or to communicate with the User or to identify the User. However, the User acknowledges that Registrar is authorized to provide any information or details relating to the User or his/her account to any third person so far as is necessary to give effect to any instructions or to comply with any order of Court or of any competent/ statutory authority or as is required under applicable law.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be governed by the laws of India. All or any dispute or differences arising between Registrar and the User, to the extent possible, be settled amicably by prompt negotiation between his/her respective representatives. In the event of any failure to settle the dispute by mutual negotiations within 30 days of the commencement of the negotiations, the same shall be referred to arbitration in accordance with the provisions for the time being in force of the Arbitration and Conciliation Act, 1996 of India or any amendment or reenactment thereof. Registrar and the User to the dispute shall jointly appoint a sole arbitrator. If within 15 days from the date of reference of the dispute to the arbitration, they are unable to jointly appoint a sole arbitrator, then, in that event, the appointment of the arbitrator shall be made in accordance with the Arbitration and Conciliation Act, 1996 of India or any amendment or reenactment thereof. The arbitration proceedings shall be conducted in the city of Hyderabadand the language of the arbitration shall be English.

COMMENTS AND QUESTIONS

Registrar may be contacted if the User has any questions, comments or concerns arising from any Facility or these Terms and Conditions.

INDEMNITY

The User agrees to defend, indemnify, and hold harmless Registrar, his/her officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation legal and accounting fees, alleging or resulting from

  1. the use of a Facility; or
  2. the breach or non compliance of any of the Terms and Conditions of; or
  3. the use of a Facility on an electronic device which belongs to any other person or which is provided to the User by his/her employer without such person's or, as the case may be, his/her employer's previous permission.

WAIVER

No delay, neglect or forbearance on the part of Registrar in enforcing against the User any term or condition of these Terms and Conditions shall either be or be deemed to be a waiver or in any way prejudice any right of Registrar under these Terms and Conditions . No right, power or remedy in these Terms and Conditions conferred upon or reserved for Registrar is exclusive of any other right, power or remedy available to Registrar

RISKS

The User acknowledges that he/she is utilizing Facilities at his/her own risk. These risks would, among others, include the following:

  1. Misuse of OTP / Password / User ID /secure information: The User acknowledges that if any third person obtains access to his/her secure information, such third person would be able to execute Transactions using a Facility.
  2. Internet/Electronic Frauds: Every electronic medium per se is susceptible to a number of frauds, misuse, hacking, other actions, which could affect the Transactions. There can be no guarantee/warranty by Registrar to indemnify the User from such Electronic frauds like hacking, back door entry or any such unlawful acts. The User shall separately evaluate the risks arising out of Transactions executed using a Facility.
  3. The technology for enabling the availability of a Facility could be affected by virus or other malicious, destructive or corrupting code, programme or macro. Besides, Data/Documents/Information sourced from third party sources may be effected by poor image quality, virus, etc including tagging of wrong information to the user, or availability of old/ unupdated data of the user. This could result in non-execution of Transactions or delays in the processing the Transactions or failure in processing of Transactions and other such failures and inabilities. The User understands that registrar disclaims all and any liability, whether direct or indirect, arising out of any failure or inability by registrar to honour the User's instructions for executing a Transaction through a Facility or not. The User understands that registrar shall not be responsible for any of the aforesaid risks. The User also understands that registrar shall disclaim all liability in respect of such risks.

TRANSACTION DISCREPANCY

In case of any discrepancy in the details of any Transaction executed in respect of the User Accounts, the User shall be obliged to intimate such discrepancy to registrar or AMC’s support team in writing within 10 (ten) days of receipt of the Statement of Account in respect of the his/her account, failing which, such Statement will deemed to be correct and accepted by the User.

INVESTOR GRIEVANCE

Registrar has established an Investor Grievance Cell for redressal of the User grievances in relation to the Transactions executed by the Users using any Facility. The User has an option either to write an email on support@karvy.comor call on 1-800-4254-034 22-3863 (toll free) detailing the grievance so as to allow registrar to take appropriate action on the same.