Terms of Use

Terms of Use of Website and Services

Date of last revision: (23/12/2015)

Welcome to our website.

By using FinMitra.com (the “Website”) and signing up for the services offered by FinMitra Finance and Management Solutions Private Limited (“FinMitra”), You acknowledge and confirm that

  1. You are 18 years of age or older
  2. If you are acting as a Guardian on behalf of a minor, you have the necessary authority to register for the services
  3. The information you have provided to FinMitra is true and correct
  4. FinMitra may contact you by phone, by Email, or by other means of communication
  5. You are aware and accept that all information, content, material, products (including but not limited to data, charts, textual content, photographs, video, graphics and audio content) on FinMitra.com is protected by copyright in favour of FinMitra under applicable laws
  6. You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of the information, content material, services available from or through the Website, except that which you may download for your own personal, non-commercial use
  7. This service is available only for Indian citizens resident in India

Investment Services Agreement

  1. You agree and acknowledge that

    1. You have applied for an Investment Account after understanding the services provided by FinMitra and its group companies
    2. Your identity in FinMitra is authenticated by the use of Login Credentials and/or Telephonic Confirmation of Credentials.
      1. To update, as per applicable procedures, the change in any of your contact details, at the earliest.
  2. Services Provided

    1. FinMitra provides and /or will provide in the future
      1. information on the performance of various Mutual Funds and investment products
      2. facilitates subscription and redemption of Mutual Funds and other investment products.
      3. Securely maintains a record of your financial transactions.
    2. You understand and accept that not all the products and services offered on the Website are available in all geographic areas and you may not be eligible for all the products or services offered by FinMitra on the Website. FinMitra reserves the right to determine the availability and eligibility for any product or service.
  3. Obligations

    Read the offer documents, scheme related information document, statement of additional information, key information memorandum, terms and conditions, and any other relevant material issued by the relevant Asset Management Companies and other relevant financial institutions where your money is proposed to invested
  4. Access Control

    1. You agree to
      1. keep your login credentials safe and secret
      2. immediately report any unauthorized use or suspected unauthorized use of your login credentials to FinMitra and you should change your password immediately via the Service. We are not responsible if someone else accesses your account through Registration Information they have obtained from you or through a violation by you of thePrivacy Policy or the FinMitra Terms of Use.
      3. If you are forwarding any links related to data or otherwise provided by FinMitra, you are doing so at your own risk. FinMitra cannot be held liable for any consequences of such sharing.
    2. You agree not to engage in
      1. Use of any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any other portion of the Website
      2. Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engine and search agents available through the Website and other than generally available bonafide third party browsers
      3. Post or transmit any file which interferes with the functioning of the Website
      4. Attempt to decipher, decompile, disassemble or reverse-engineer any of the software in the Website restricted to authorized users only subject to prosecution. abide by the terms and conditions herein or abuses their rights related to the Website.
    3. Access to and use of password protected and/or secured areas of the Website is restricted to authorized users only.
    4. Unauthorized persons attempting to access these areas of the Website may be subject to prosecution.
    5. FinMitra has the right to refuse Website access to any person who refuses to abide by the terms and conditions herein or abuses their rights related to the Website.
  5. Telephonic Call Monitoring & Recording

    1. Authorized employees or agents of FinMitra may monitor and record all or portions of your telephonic communication to FinMitra for security, legal compliance, quality control, customer service, employee training and other lawful purposes.
    2. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.
  6. Email & Electronic Communication

    1. All emails sent to and from FinMitra may be subject to archival, monitoring or review by and/disclosure to, someone other than the recipient.
    2. Communication through the Website may involve the electronic transmission, to any email address you provided to us, of information that you may consider to be personal financial information and you agree and consent to such transmission of such information.
    3. It is your responsibility to update or change your email address, as appropriate.
  7. Business Operations

    1. You are aware that FinMitra is an AMFI registered distributor of Mutual Funds and receives commissions from Asset Management Companies (AMCs). In the case of investment products, other than Mutual Funds, FinMitra receives commission from such respective financial institution.
    2. b. FinMitra adheres to the guidelines issued by Securities and Exchange Board of India (SEBI) for its business operations.
    3. AMCs and other financial institutions are not obliged to accept your application form and have the right to reject your application.
    4. The information provided in the Website does not constitute advice and shall not be relied upon for taking investment decisions. FinMitra does not provide investment advisory, tax, legal or financial advice, and recommends that you consult a licensed tax, legal, accounting or investment professional to perform an independent analysis before making decisions regarding the purchase or sale of any financial products.
    5. You will not hold us responsible and/or dispute any loss, notional or otherwise, incurred because of
      1. Delays either at the Bank, Registrar, Transfer Agency, AMC or any other institution
      2. Rejection of your instructions by the Bank, Registrar, Transfer Agency, AMC or any other institution
      3. Processing of instructions authenticated by you
      4. Non-availability or non-accessibility of the Website, Telephone(s), advisor(s) or FinMitra office
      5. Any other reason beyond our control
      6. Any adverse performance of the investments made by you.
  8. MEMBERSHIP PRIVILEGES

    The Website extends membership privileges to individuals and entities. FinMitra utilizes email as a vital and primary communication channel with you. By providing us with your email address and becoming a FinMitra Member, you are giving us permission to send you electronic newsletters and email notifications that are provided as Services by the Website. Of course, you may elect to opt-out of the receipt of these Services at any time by simply responding to the Service that you received. FinMitra will use its best efforts to honour Member’s request to opt out of marketing messages, but under no circumstances will FinMitra have any liability for sending any email to Members. No employee, independent contractor, agent, or affiliate of a competing financial services intermediary is permitted to access any of the password-protected areas of the Website without express written permission from FinMitra. Membership privileges to the Website are granted by FinMitra, and only after choosing to sign up as a FinMitra registered member (“Member”), are such privileges exclusively granted to the Member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of FinMitra.
  9. Third Parties

    You understand and accept that FinMitra is not responsible for the availability of content or other services on third party sites linked from the Website. 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 FinMitra in any way. FinMitra 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 websites.
  10. BOOKS AND RECORDS

    Members may be given the facility to store certain documents related to investing transactions in the Website’. FinMitra shall not be liable for the loss of any documents stored in the Website or other third part storage applications, and Members should ensure that they make provisions for the secure, off-site storage of any such documents.
  11. Confidentiality of Information

    1. FinMitra has taken reasonable steps to ensure the confidentiality of information taken at the Website and other paper-work However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and FinMitra cannot be responsible should confidential information be intercepted and used by an unintended recipient.
    2. Notwithstanding the foregoing, FinMitra reserves the right (and you authorize FinMitra) to share or disclose your personal information when FinMitra determines, in its sole discretion, that the disclosure of such information is necessary or appropriate:
      1. To enforce our rights against you or in connection with a breach by you of the Privacy Policy or the FinMitra Terms of Use
      2. To prevent prohibited or illegal transaction or activities; or
      3. When required by any applicable law, rule, regulation, subpoena or other legal process.
  12. Force Majeure

    1. FinMitra shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the FinMitra to perform any of its obligations under these terms and conditions or those applicable specifically to its Services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues and till the time it takes to rectify or improve the situation.
    2. Force Majeure Event means any event due to any cause beyond the reasonable completed or for any failure on part of the FinMitra to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues and till the time it takes to rectify or improve the situation.control of FinMitra, including without limitations, unavailability of any communication systems, breach or virus in the 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, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by the malicious, destructive or corrupting code or program, mechanical or technical errors/ failures or power shut down, faults or failures in telecommunication.
  13. Governing Laws

    1. All disputes are subject, firstly to mediation, and then by Arbitration by a sole arbitrator appointed by FinMitra. The venue of arbitration will be selected by FinMitra.
    2. You accept that the Courts in Bangalore alone shall have exclusive jurisdiction as regards any claims or matters arising out of dealings with FinMitra, and all disputes will be governed by the laws of India.
  14. Caution

    1. Mutual fund investments are subject to market risks, read all scheme related documents carefully.
    2. Investment products, have unique terms, conditions, and risks, read all terms and conditions to assess suitability for yourself.
  15. DISCLAIMERS AND LIMITATIONS

    FinMitra will make every reasonable effort to ensure that the information contained on the Website is accurate and reliable; however, errors sometimes occur. In addition, FinMitra may make changes and improvements to the information provided herein at any time. The Website and the information, software, products and services associated with it are provided “as is.” FinMitra disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Website and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Use of this web site and/or other FinMitra sites is at Member’s own risk. It is your responsibility to evaluate the accuracy, relevance, reliability, timeliness and completeness of any information available on the Website. FinMitra is not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of this Website and/or FinMitra’s Services or with the delay or inability to use this Website, or for any information, software, products and services obtained through this Website, or otherwise arising out of the use of this Website, whether resulting in whole or in part, from breach of contract, negligence, strict liability or otherwise.
  16. LIMITATION OF LIABILITY AND INDEMNIFICATION

    As a condition of use of the Website and/or FinMitra’s Services, Member agrees that in no event shall FinMitra be liable for any indirect, special, incidental or consequential damages (including without limitation, lost profits, cost of procuring substitute service, or lost opportunity) arising out of this agreement. Member’s exclusive remedy, and FinMitra ’s entire liability under this Agreement shall be a refund to Member of the fees, if any, pertaining only to that financial period, paid to access FinMitra’s Services and the Website hereunder, and in no event will FinMitra liability for any reason exceed such fee. FinMitra (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Member’s use of the FinMitra’s Services, and Member shall indemnify FinMitra (and its officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, attorneys’ fees) as a result of a claim by any person other than the Member arising from Member’s use or application of the Services.
  17. ASSIGNMENT

    This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by the Member without the prior written consent of FinMitra, which retains the right to withhold consent in its sole discretion.
  18. OTHER TERMS

    This Agreement constitutes the entire agreement between the Member and FinMitra and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between the Member and FinMitra with respect to the Website and information, software, products and services associated with it.
  19. Changes in Terms of Use

    1. You understand and accept that this Terms of Use is updated periodically. The date last revised appears at the top of the policy. Changes take effect immediately upon posting.
    2. By continuing to use the services, it shall be deemed that you have accepted the changed Terms of Use.
  20. Termination

    FinMitra may at any time and its sole discretion, terminate your Investment Account and/or prevent you from accessing the Website and/or Services at any time and for any reason without prior notice or liability.
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