INDIVEST TERMS AND CONDITIONS
Welcome, and thank you for using Indivest!
When you use Indivest Platform, You are agreeing to be governed by the Terms and
Conditions
contemplated herein below read with our Privacy Policy, the terms and condition (if any)
specific to the
products and/ or services availed by You. We sincerely recommend you take a few minutes to read
over and
familiarize Yourself with the Terms and Conditions described below.
Note: By registering, browsing, accessing, downloading, and/or using
the Indivest Platform either for general purpose or for specific
purpose, You
are
agreeing to and entering into a legally binding agreement with Internovo Ventures
Pvt. Ltd.
PLEASE READ THROUGH THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING INDIVEST PLATFORM (I.E., THE SITE AND/OR ITS MOBILE
APPLICATION)
The website www.indivest.in (“Website”) and the
mobile
application Indivest (“Indivest App”) is owned, operated, and
managed,
by
Internovo Ventures Pvt. Ltd (“Indivest”), having its registered
office
located at
B-410, Knox Plaza Chincholi Bundar Road, Malad West Mumbai, Maharashtra- 400064, India.
THESE TERMS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER
INFORMATION
TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO
ELECTRONIC
DOCUMENTS /
RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS DOES
NOT
REQUIRE ANY
PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
Please note that your browsing, accessing, downloading, and/or using Indivest Platform are
subject
to
the terms and conditions stated herein; if You do not agree to any or all of the following terms
and
conditions,
You should not use or access the Indivest Platform and/or Indivest Platform Services in any
manner.
DEFINITIONS
- “We”,
“Us”,
“Our”, “Company” -
shall refer
to Internovo
Ventures Pvt. Ltd.
- “You”,
“Yours”,
“Yourself”, “User”,
“Indivest
User” - refers to any individual, non- individual or
corporate
body.
- “Government Authority” shall mean
any
national,
state, local, provincial, municipal, district or other sub-division governmental
authority, statutory
authority including Securities and Exchange Board of India (SEBI), Reserve Bank
of India
(RBI),
Insurance Regulatory Development Authority of India (IRDAI), CDSL, government
department, administrative
authority including (Indian) stock exchange such as NSE, BSE, commission, board,
tribunal or court or
other law, rule or regulation making entity or competent authority.
- “Indivest Platform” shall
mean and
include
Indivest App and Website under brand names Indivest owned, operated, and
managed, by
Internovo Ventures
Pvt. Ltd..
- “[Indivest Platform Services]” -
shall
include
services and products offered via Indivest Platform including but not limited to
Investment Advisory
Services, distribution of Mutual Funds, facilitating in Fixed Deposits,
corporate agent
for Insurance,
acting as digital lending platform, facilitating in digital savings account,
Indian
Stocks brokerage,
mini save, tracking of your investments such as mutual funds, stocks, deposits
and
expenses such as
credit card bills etc.
- “Third Party Service Provider(s)”
means
and
includes company, vendors, business partners, banks & financial institutes
or any
such entity whose
facilities are used by Company(s) to provide the various services including
Indivest
Platform Services
to Users through the Indivest Platform.
- “Terms” or “Terms and
Conditions”- are
interchangeably used and shall have the same meaning.
You hereby understand that the specific products / services availed by You may have their
own
additional / supplemental terms and conditions as available on Indivest Platform and You
unequivocally
grant
Your consent to abide and remain compliant with the said additional / supplemental terms and
conditions.
When
You use any of the Indivest Platform Services provided on the Indivest Platform, You shall also
be
subjected to
comply with applicable law(s), rule(s), guideline(s), notification(s), circular(s), or such
other
directive(s)
issued by applicable Government Authority.
You acknowledge and understand that these Terms and Conditions along with additional /
supplemental
terms and conditions of Indivest Platform Services shall be read harmoniously. Company reserves
right to
change
/ amend / modify these Terms or the additional / supplemental terms and conditions applicable to
Indivest
Platform services offered on the Indivest Platform at any time, without notice.
TERMS AND CONDITIONS
By registering on Indivest Platform and/or accessing the Indivest Platform Services, you
agree,
declare and represent that:
- You are 18 years of age or older and where you are acting as
guardian
on behalf
of a minor, you have necessary authority to register / sign up for the Indivest
platform
services on
behalf of the minor. You hereby unconditionally and unequivocally agree to
promptly
furnish and/or
execute such additional document(s) (as may be requested from time to time), to
establish Yourself as
lawful guardian and to continue Your access to Indivest Platform including
Indivest
Platform Services.
If you believe that a person under 18 years may have provided Us with personal
information, please write
us at [email protected]
- You are capable of entering into legally binding contract and
that You
are not
barred or otherwise legally prohibited to use Indivest Platform (including any
and all
Indivest Platform
Services).
- You hereby grant your explicit consent to potentially allow us
to fetch
Your
credit data from Credit Information Companies such as CRIF High Mark and/or
Experian and
disclose Your
credit score to the Company. You permit to Company, to use your credit score to
determine your
eligibility for access to and/or for offering of various services in tie-up with
third
party service
providers or other value-added services for improving your credit score.
- You agree that you will be allowed to make any transaction
through the
Indivest
Platform when you complete the know your client (“KYC”) process and
provide
the complete
information including personal information in accordance with the KYC guidelines
as
issued by SEBI
and/or IRDAI and/or any other regulatory body, government authorities, competent
authority from time to
time. For availing various Indivest Platform Services, You hereby grant your
consent and
permit Company
to share your KYC information with third party service providers offering your
various
products and
services, to enable them to promptly respond to your queries / interests. The
collection, processing,
storage, and sharing of Your information is further governed by Company’s
Privacy
Policy.
- You understand and agree that You shall only use the Indivest
Platform
(including Indivest Platform Services) for your personal use and purpose only.
You shall
always ensure
that Your use of Indivest Platform and/or reasons to avail Indivest Platform
Services
shall be strictly
for valid, lawful purpose. You shall remain fully responsible for all
transactions
placed / requested
through your Indivest Platform account.
- You agree that transactions made through Indivest Platform
shall be
through
your own bank account only and the said transactions do not violate or
contravene to any
law for the
time being in force including Income Tax Act, anti-money laundering laws,
anti-corruption laws,
prevention of money laundering act etc. and the rules made thereunder.
- You shall be responsible to maintain confidentiality of your
Indivest
Platform
account including your log-in credentials & OTPs. In event, if Your device
is lost
or stolen, you
shall be responsible to immediately undertake all necessary measures to secure
your
Indivest Platform
account i.e., by blocking your SIM, logging out your active session etc. You
agree that,
You shall also
inform to the Company, on immediate basis, by writing at [email protected] and
furnishing all
relevant
information to establish
Your claim. This would enable Company to block your Indivest Platform account.
Company
will use
commercially reasonable efforts to block / suspend your Indivest Platform
account,
however, You
understand that Company is merely facilitating you to secure your account on
good-faith
basis and as
such Company assumes no responsibility or liability towards any losses, frauds,
unauthorized
transactions that may happen or you may suffer under your Indivest Platform
account.
- You shall not do or attempt to do any of the following acts:
(i)
impersonate
any person or entity, or falsely stating your age or affiliation with any person
or
entity; (ii) posts
any third-party intellectual property rights or other property rights infringing
contents; (iii) act in
violation or contravention to any law for the time being in force; reverse
engineer,
decompile,
disassemble or otherwise attempt to discover the source code of Indivest
Platform or any
part thereof;
(iv) engage in, post, or transmit any message which is libellous, defamatory,
pornographic, vulgar or
offensive in nature or otherwise inconsistent with or contrary to the laws in
force; You
shall not do or
attempt to do any of the following acts: (i) impersonate any person or entity,
or
falsely stating your
age or affiliation with any person or entity; (ii) posts any third-party
intellectual
property rights or
other property rights infringing contents; (iii) act in violation or
contravention to
any law for the
time being in force; reverse engineer, decompile, disassemble or otherwise
attempt to
discover the
source code of Indivest Platform or any part thereof; (iv) engage in, post, or
transmit
any message
which is libellous, defamatory, pornographic, vulgar or offensive in nature or
otherwise
inconsistent
with or contrary to the laws in force.
- The information You provide when You register on the Indivest
platform
is
complete, true, correct, updated, accurate and belongs to You. In the event,
Your
information is not
accessible online, and You wish to change, modify, update, or delete Your
personal
information or other
information that You may have provided, please contact us immediately
at [email protected]
- You shall remain responsible to notify to the Company of any
material
change in
your personal information and/or profile. Company would be entitled to rely on
the most
recent
information provided by You.
- You agree to be contacted by Company (including its employees,
representatives,
officers, partners etc.), third party service providers over phone and/or e-mail
and/or
SMS/and or push
notifications or any other form of electronic communication in connection with
your
registration,
advisory and transactions. This consent overrides any registration for DNC/NDNC.
You
agree and confirm
that if your mobile number is registered in the Do Not Disturb (DND) list of
TRAI, you
may not receive
SMS from Indivest. You agree to take steps to deregister from the DND list and
shall not
hold Indivest
liable for non-receipt of SMS. You can always opt to stop receiving any or all
such
communications by
writing to [email protected]
- The Company will make best efforts to provide alerts via
SMS/e-mail/WhatsApp/push notifications and it shall be deemed that You shall
have
received the
information sent from Company as an alert on the mobile phone number or e-mail
id
furnished by You on
Indivest Platform or availing any Indivest Platform Services. You hereby
unequivocally
grant Company the
right and authority to use your contact details as furnished by You at the time
of
registering on
Indivest Platform as your primary, valid and default communication address for
any and
all Indivest
Platform Services. Company shall not be under any obligation to confirm the
authenticity
of the
person(s) receiving the alert. You cannot hold the Company liable for
non-availability
of the SMS/email
alert/push notifications service in any manner whatsoever.
- You further understand that the SMS/e-mail alert/ WhatsApp/push
notification
service provided by the Company is an additional facility provided for Your
convenience
and that it may
be susceptible to error, omission and/or inaccuracy. In the event, You observe
any error
in the
information provided in the alert, You shall immediately inform the Company
about the
same by and We
will make best possible efforts to rectify the error at the earliest feasible.
You shall
not hold us
liable for any loss, damages, claim, expense including legal cost that may be
incurred/suffered by You
on account of the SMS/e-mail alert/push notification facility.
- You understand that the Company will be relying on Third Party
Service
Provider(s) to enable SMS/e-mail alert/WhatsApp/push notifications/OTP. The
readability,
accuracy,
timely delivery is / are subject to multiple factors including the
infrastructure and
connectivity at
Third Party Service Provider(s) end. The Company makes no representation, or
assurance
of timely or
delayed delivery. The Company shall not be liable or responsible for any
non-delivery,
delayed delivery,
skewed message, or alerts.
- You understand that You shall be responsible for maintaining
the
confidentiality of your Indivest Platform account information and You are fully
responsible for all
activities that occurs under Your Indivest Platform account. You also agree to
always
keep your login
credentials safe, secure and confidential. You further agree to immediately
inform
Company, in case of
any actual or suspected unauthorized use of Your Indivest Platform account. You
shall
continue to be
responsible for the transactions in your Indivest Platform account, if you
knowingly or
negligently (i)
grant any other person access to your account, (ii) permit any other person to
transact
on account, or
(iii) transact on any other person’s behalf or directions in any manner
whatsoever. The Company
cannot and shall not be liable for any losses or damages arising from Your
failure to
comply with these
provision(s).
- You acknowledge that the software and hardware underlying the
application as
well as other Internet related software which are required for accessing the
application
are the legal
property of either the Company or its respective third-party service providers.
The
permission given by
the Company to access the Indivest Platform will not convey or grant any
proprietary or
ownership rights
in the above software/hardware.
- You understand and accept that not all the products and
services
offered on or
through the Indivest Platform are available in all geographic areas and/or to
our entire
user base. You
may not be eligible for all the products or services offered by the Company or
third-party service
provider(s) on the Indivest Platform. The Company and such third-party service
provider(s) reserve the
right to determine the availability and eligibility for any product or service
offered
via Indivest
Platform.
- The Company is not responsible for the availability of content
or other
services on third party sites linked from Indivest Platform. You are aware that
access
of hyperlinks to
other internet sites are at your own risk and the content, accuracy, opinions
expressed,
and other links
provided by these sites are not verified, monitored or endorsed by the Company
in any
way. The Company
urges You to read the terms of use, privacy policy and/or other conditions
available on
respective
third-party sites, before accessing or registering with any of such third-party
sites.
The Company does
not make any warranties and expressly disclaims all warranties express or
implied,
including without
limitation, those of merchantability and fitness for a particular purpose, title
or
non-infringement
with respect to any information or services or products that are available or
advertised
or sold through
these third-party platforms.
- You agree that You will not use the Indivest Platform for any
purpose
that is
unlawful or prohibited by these Terms. You also agree You will not use the
Indivest
Platform in any
manner that could damage, disable or impair the application or interfere with
any other
party’s
use, legal rights, or enjoyment of the application. You hereby represent and
warrant
that you shall make
use of the Indivest Platform as a prudent, reasonable and law-abiding citizen
and you
shall comply with
relevant applicable laws.
- The Company reserves the right in its sole discretion to
delete, block,
restrict, disable, suspend your account or part thereof. If User is found
engaging in
any fraudulent /
illegal activities including but not limited to the following activities
i.e.,
abusing any of
the representatives of the organization, indulge in fraudulent activities on the
Indivest Platform,
using mass media and/or bots to engage with the platform, using mass media
and/or bots
to malign the
organization’s reputation these activities may be referred to appropriate
legal
authority for a
legal recourse, violation of these terms and conditions.
- The Company has engaged third party service providers for
payment
gateway
services, account aggregator services etc. The engagement of these Third-Party
Service
Providers is to
facilitate users to conduct transactions seamlessly and securely on Indivest
Platform.
However, the
Company assumes no responsibility or liability in any manner whatsoever, for any
delayed
or
non-processing of transactions. You understand that the Company and/or partnered
financial institutes
shall be well within its rights to not to act and/or suspend the services if the
transaction is not
successful or delayed credit of transactions takes place. You understand and
accept the
risk associated
with processing of online transactions and agrees that the Company shall not in
any
manner whatsoever be
responsible to You for any losses, cost, interest, penalties, levies, charges or
such
amount that may be
recoverable from you due to delay in or non-processing of transaction is levied.
It is
advised that, You
should diligently keep track of all your payments are done in timely and
successful
manner.
- Indivest Platform offers services to its users which includes,
without
limitation to transactions in securities, or financial products, and/or advice
on
investment portfolio
containing securities or investment products.
SERVICES:
- Please also note that there may be other financial products and
services, such
as Indian Stocks, loans, fixed deposit creation, insurance, savings bank
account, peer
to peer lending
etc. manufactured and/or distributed by third party service providers, offered
by or
through the
Indivest Platform. However, it is hereby expressly clarified that any or all
interaction, communication,
dealing, or transaction between you and such Third Party Service Provider(s) in
respect
of availing of
any products/services offered by said Third Party Service Provider(s) forms a
separate
and independent
transaction between the you and such Third Party Service Provider(s) without any
liability accruing to
or on the Company for any matters arising out of or in relation to Third Party
Service
Provider(s)
(including their products / services) act, conduct, omission, negligence,
default,
breach of
confidentiality, breach of applicable laws, discharge of obligations etc.
- You hereby agree and acknowledge that all Your decisions,
notwithstanding the
services rendered by the Company, in relation to buy, sell, hold or otherwise
deal in
the investment
securities shall be based on Your own independent evaluation of the risks and
rewards of
the investments
and on Your own verification of all the relevant facts, including financial and
other
circumstances and
a proper evaluation thereof.
- Neither the Company nor any of our directors, employees or
agents shall
be
liable for any advice or representation made by it/him/her hereinunder and it
will be
Your
responsibility to make an independent assessment pursuant to the availing/using
of the
Indivest
Platform/Services or availing any product or services from the Third-Party
Service
Provider(s).
- You acknowledge and agree that the Company do not guarantee
that
availing of
the services from the Indivest Platform will result in profits or avoid losses
or meet
the objectives,
including Your investment objectives, or that availing / using of the services /
Indivest Platform will
not at any time be affected by adverse tax consequences, technical failures,
timely
regulatory
compliance to a new law. The Company shall not be liable to You for any error of
judgement or loss
suffered by You in connection with the services provided to You.
- Indivest Platform facilitates the distribution of regular
mutual fund
units
offered by various mutual fund companies. Indivest acts as a broker/facilitator
for such
mutual fund
companies. You are aware that the value of mutual fund units may fluctuate based
on
market conditions,
and Indivest does not guarantee any returns on such mutual funds. You should
carefully
evaluate the
mutual fund scheme(s) before investing therein.
CONFIDENTIALITY
You acknowledge that, in the course of Your relationship with Company and in using the
services,
you
may obtain information relating to the services and/or the Company (“Proprietary
Information”). Such
Proprietary Information shall belong solely to Company and includes, but is not limited to, the
features
and
mode of operation of the Services, trade secrets, know-how, inventions (whether or not
patentable),
techniques,
processes, programs, ideas, algorithms, schematics, testing procedures, software design and
architecture,
computer code, internal documentation, design and function specifications, product requirements,
problem
reports, analysis and performance information, benchmarks, software documents, and other
technical,
business,
product, plans and data. In regard to this Proprietary Information:
- You shall not use (except as expressly authorized by this
Agreement) or
disclose Proprietary Information without the prior written consent of Company
unless
such Proprietary
Information becomes generally publicly available without your breach of this
Agreement.
- You agree to take reasonable measures to maintain the
Proprietary
Information
and Services in confidence.
USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Indivest Platform is protected by copyright, trademarks, patents, trade secret and/or
other
relevant
intellectual property laws. No information, content or material from Indivest Platform may be
copied,
reproduced, republished, uploaded, posted, transmitted or distributed in any way without the
Company's
express written permission. You are hereby given a limited licence to use the Indivest Platform
for your
personal and non-commercial use, subject to your agreement of these Terms. You agree not to
sell,
license,
distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create
derivative
works
from, or otherwise make unauthorized use of the Indivest Platform.
PRIVACY
You agree that during your use and access of the Indivest Platform and/or availing of the
services
offered by the Indivest Platform, you will provide Us with certain information and other data as
mentioned under
these Terms herein which may or may not be otherwise publicly available. Please note that We
respect the
privacy
and confidentiality of such data and the provisions pertaining to such private information and
data as
provided
by You under these Terms, are governed under the Indivest Platform’s Privacy Policy. By
using and
visiting
the Indivest Platform and availing Indivest Platform Services, you also agree to our Privacy
Policy and
the
information provided on the Indivest Platform shall be shared within our business partners.
LIMITATION OF LIABILITY, INDEMNITY, AND WARRANTY
- In no event shall the Company or its directors, employees,
associates,
partners, or suppliers will be liable to you for any loss or damage that may
cause or
arise from or in
relation to these terms and conditions or due to use of this Indivest Platform
or due to
investments
made using this Indivest Platform or availing any product or services from any
third-party service
provider.
- You agree to indemnify the Company or its directors, employees,
associates,
partners or suppliers for all the liabilities (including claims, damages, suits
or legal
expenses in
defending itself in relation to the foregoing) arising due to (i) use or misuse
of the
Indivest Platform
(ii) non-performance and/or non-observance of the duties and obligations under
these
terms and
conditions or due to your acts or omissions (iii) any act, neglect, misconduct
or fraud
on your
part.
- You warrant that all the details and information provided by
you to the
Company
or its directors, employees, associates, partners, or suppliers while using this
Indivest Platform
(including for the purposes of carrying out investments) shall be updated,
correct,
accurate, complete
and genuine.
- You shall be solely responsible for any investment decision
taken by
You on the
Services and the Company shall not be liable for any loss or damage caused to
you or
other users of this
Indivest Platform due to such investment decision, or any kind of reliance upon
it. You
expressly agree
that use of the Indivest Platform is at your sole risk.
- To the fullest extent permissible pursuant to applicable law,
the
Company and
its directors, employees, associates, third-party partners or suppliers disclaim
all
warranties or
guarantees – whether statutory, express or implied – including, but
not
limited to, implied
warranties of merchantability, fitness and non-infringement of proprietary
rights. No
advice or
information, whether oral or written, obtained by you from the Company or
through the
Indivest Platform
will create any warranty or guarantee other than those expressly stated
herein.
CONSIDERATION
The usage of the Indivest Platform is entirely free however the Company has the right to
charge
its
Users a fee for availing advisory services and/or other fees, as applicable for any specific
product /
services
been offered on Indivest Platform. The applicable fees will be made available at the time of
registration and/or
on its applicability and/or under the relevant product / services section. The Company may
change fee
structure
as it determines in its sole discretion from time to time and notice regarding the same shall be
intimated to
you adequately in advance prior to such change in fee structure. All charges and fees shall be
exclusive
of
taxes and all Government taxes including but not limited to GST shall be payable by you. Please
note the
charges
/ fees applicable shall be non-transferable, non-refundable and non-cancellable in nature.
SHIPPING POLICY
The users are hereby notified that all or any of the information (such as: Acknowledgement
of
Mutual
fund booked; soft copy of insurance policy document; copy of provisional fixed deposit receipts,
invoices
pertaining to services such as membership services, advisory services, withdrawal charges, stock
broking
trade
receipts, contract notes, margins statements (at pre-defined frequency) etc.) pertaining to the
products
purchased via Indivest Platform will be delivered to them on their registered email id. If
required or
mandated
under applicable law, the Company may be required to dispatch certain documents physically to
Your
registered
address. You agree to always keep Your personal information up to date to avoid any chances of
non-delivery of
information and that the Company shall be entitled to act upon most recent details furnished by
You.
DISCLAIMERS
THE USER AGREES AND UNDERSTANDS THAT THE INDIVEST PLATFORM IS PROVIDED BY US ON AN
“AS
IS”
AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS
OR
IMPLIED, AS TO THE OPERATION OF THE INDIVEST PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON
THE
INDIVEST
PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE INDIVEST PLATFORM IS AT YOUR SOLE RISK.
TO
THE
FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT
WARRANT
THAT THE
INDIVEST PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE INDIVEST PLATFORM
ARE FREE
OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE
USE OF
THE INDIVEST PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL
DAMAGES.
ALL INVESTMENTS ARE SUBJECT TO MARKET RISKS. READ ALL SCHEME RELATED THINGS CAREFULLY.
PAST
PERFORMANCE IS NOT AN INDICATOR OF FUTURE RETURNS. ALL INTERACTION, COMMUNICATION, DEALING, OR
TRANSACTION
BETWEEN THE USERS AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY PRODUCTS/SERVICES OFFERED BY
THE
THIRD-PARTY
PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRDPARTY PROVIDER
WITHOUT
ANY
LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE
USER
EXPRESSLY
AGREES AND ACKNOWLEDGES TO HOLD HARMLESS US IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR
EXPENSES
ACCRUED,
SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH
COMMUNICATION,
INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER
ACKNOWLEDGES
THAT WE
DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN
THE
PERFORMANCE
IN RESPECT OF THE SAME AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION,
INTERACTION,
DEALINGS
AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS. WE DO NOT WARRANT, ENDORSE,
GUARANTEE,
OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER
IN ANY
MANNER
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND
SUCH
PARTY
PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH
THIRD-PARTY
PROVIDER, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ALL DISPUTES WITH RESPECT
TO THE
TRANSACTION FACILITATION SERVICES, WOULD NOT HAVE ACCESS TO INDIAN EXCHANGE INVESTOR REDRESSAL
FORUM OR
ARBITRATION MECHANISM.
THE LOGOS/ TRADEMARKS ADVERTISED IN THE PLATFORM ARE THE PROPERTY OF RESPECTIVE TRADEMARK
OWNERS
AND
BY DISPLAYING IT HAS NO RIGHT, TITLE, INTEREST OVER IT. THE USER EXPRESSLY AGREES THAT INTERNOVO
IS NOT
LIABLE
OR RESPONSIBLE AND DOES NOT REPRESENT OR WARRANT FOR ANY DAMAGES / ANY LOSS OF INTEREST AND/ OR
OPPORTUNITY LOSS
AND /OR ANY LOSS ARISING DUE TO MOVEMENT OF NET ASSET VALUE (NAV), NOTIONAL OR OTHERWISE DUE TO
NON-EXECUTION OF
ORDERS OR ANY INCORRECT EXECUTION OF ORDERS WITH REGARD TO THE MUTUAL FUNDS CHOSEN BY THE USER
DUE TO,
BUT NOT
BEING LIMITED TO, ANY LINK/SYSTEM FAILURE, SUFFICIENT/INSUFFICIENT FUNDS IN THE USER’S
BANK
ACCOUNT WHICH
MAY OCCUR AT USER’S END. MUTUAL FUND INVESTMENTS ARE SUBJECT TO MARKET RISKS, READ ALL
SCHEME
RELATED
DOCUMENTS CAREFULLY. THIS IS IN NO WAY TO BE CONSIDERED AS AN ADVICE OR RECOMMENDATION. MUTUAL
FUNDS
TRANSACTION
FACILITATION SERVICES ARE PROVIDED BY INTERNOVO VENTURES PVT. LTD IN PARTNERSHIP WITH BSE STAR
MF
PLATFORM. PAST
PERFORMANCE IS NOT INDICATIVE OF FUTURE RETURNS. PERFORMANCE AND RETURNS OF ANY INVESTMENT
PORTFOLIO CAN
NEITHER
BE PREDICTED NOR GUARANTEED.
MUTUAL FUND INVESTMENTS ARE NOT EXCHANGE TRADED SERVICES. INTERNOVO VENTURES PVT. LTD ACTS
IN THE
CAPACITY OF FACILITATOR OF THIS PRODUCT. INTERNOVO IS ONLY PROVIDING TECHNOLOGY SERVICES AND ALL
DISPUTES WITH
RESPECT TO MUTUAL FUND INVESTMENTS WOULD NOT HAVE ACCESS TO INVESTOR REDRESSAL OR ARBITRATION
MECHANISM
IN
INDIA. INTERNOVO VENTURES PVT. LTD ACCEPT NO LIABILITIES FOR ANY LOSS OR DAMAGE OF ANY KIND
ARISING OUT
OF ANY
ACTION BY THE USER.
FORCE MAJEURE
If the whole or any part of the performance is prevented, hindered or delayed by a Force
Majeure
event
(as defined below), Company shall not be liable for any failure to perform any of its
obligations under
these
terms and conditions or those applicable specifically to its services/facilities, and in such
case its
obligations shall be suspended for so long as the Force Majeure event continues. “Force
Majeure
Event” means any event, due to any cause beyond the reasonable control of the Company,
including
without
limitations, unavailability of any communication systems, breach, or virus in the digital
processes or
payment
or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes
or
industrial
action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking,
unauthorised
access to computer data and storage devices, computer crashes, malfunctioning in the computer
terminal
or the
systems getting affected by any malicious, destructive or corrupting code or program, mechanical
or
technical
errors/failures or power shut down, faults or failures in telecommunication etc.
SEVERABILITY
All illegality, invalidity or unenforceability of any provision of these Terms under the
law of
any
jurisdiction will not affect its legality, validity or enforceability under the law of any other
jurisdiction
nor the legality, validity or enforceability of any other provision.
WAIVER
No failure on the part of any party to exercise, and no delay on its part in exercising
any right
or
remedy under this Agreement will operate as a waiver thereof, nor will any single or partial
exercise of
any
right.
ASSIGNMENT
You agree that we may transfer, subcontract or otherwise deal with our rights and/or
obligations
under
these terms at any time without any further notice. You agree that you cannot assign or
otherwise
transfer,
subcontract the terms or any rights granted hereunder to any party.
DISPUTE RESOLUTION
Any dispute, controversy, claims or disagreement of any kind whatsoever between the
parties in
connection with or arising out of this Agreement shall be referred for arbitration, to a sole
arbitrator
appointed by Company, through arbitration to be conducted in accordance with the Arbitration and
Conciliation
Act, 1996. The seat and venue of such arbitration shall be at New Delhi, India. All proceedings
of such
arbitration, including, without limitation, any awards, shall be in the English language. The
award
shall be
final and binding on the parties.
GOVERNING LAWS
These Terms shall be governed, interpreted, and construed in accordance with the laws of
India,
without regard to the conflict of law provisions and for resolution of any dispute arising out
of your
use of
the Services or in relation to these Terms. Notwithstanding the foregoing, You agree that (i)
the
Company has
the right to bring any proceedings before any court/forum of competent jurisdiction and you
irrevocably
submit
to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be
exclusively
before
the courts in New Delhi, India.
ENTIRE AGREEMENT
These Terms, together with the other laws, guidelines, rules, (additional / supplemental)
terms
&
conditions and/or policies of the Indivest Platform, including the Privacy Policy and any other
arrangement/agreement in relation the Services, including the advisory agreement (applicable to
advisory
clients), constitute the entire agreement between the User and the Us and supersede all previous
agreements,
promises, proposals, representations, understandings and negotiations, whether written or oral,
between
the User
and Us pertaining to the subject matter hereof.
SURVIVAL
Notwithstanding the termination or rescission of this Agreement, the provisions of this
Agreement
shall continue to apply to those duties and obligations which are intended to survive any such
cancellation,
termination or rescission, including, without limitation clauses related to Limitation of
liability,
Indemnity,
Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and
Jurisdiction.
Further
any provisions of this Agreement which by implication are to survive the termination of this
Agreement
shall
survive such termination. Termination of the Agreement shall not abate the causes of action that
have
accrued to
the parties prior to such termination.
USER SUPPORT
The Company shall provide assistance and co -ordinate with the Users in case of any issues
/
queries
raised by the User and shall resolve the queries on the best effort basis. The User can address
their
queries by
writing and delivering their concern via email to [email protected] or
any
updated email address displayed under the Customer Service page on the
Indivest Platform.
MODIFICATION OF TERMS
The Company reserves the right to change, amend, or modify, from time to time, any
provision
related
to the Indivest Platform (including Indivest Platform Service(s)) or these Terms, which also
include,
changing
of the extent and scope of the services and/or include any other category, service, facility or
feature
within
the term ‘Indivest Platform Service’, at the sole discretion of the Company. Any
such
change(s)
shall be effective immediately upon the posting of revised Terms and may be notified via
Indivest
Platform. You
can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at
the top
of these
Terms. By using the services provided through this Indivest Platform, you shall be deemed to
have
accepted the
Terms herein including the amended Terms published on the Indivest Platform from time to time.
Your
continued
use of the Indivest Platform following the posting of changes means that you accept and agree to
the
changes. If
you do not agree with any such change, your sole and exclusive remedy is to terminate your use
of the
Indivest
Platform. It is, further, clarified that the User’s use and access of the Indivest
Platform/Service(s) is
subject to the most recent version of these Terms made available on the Indivest Platform at the
time of
such
use.