You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website/Mobile App, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms .
A. You acknowledge that:
- You declare and confirm that you are a resident of India, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered herein via Website/Mobile App.
- In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
- You have applied for an Investment Account after understanding the nature and scope of services (“Services”) provided by BISL.
- This document is a legal contract between BISL and you (“Agreement”).
- The operation of your investment account and the execution of instructions are subject to this Agreement, and the Offer Documents* of the respective Asset Management Company (“AMC”).
- Your identity on the Website/Mobile App is authenticated by the use of your Login Credentials. BISL will consider instructions authenticated by your Login Credentials to have originated from you. You agree and understand that you are solely responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide, form your “Registration Information”.
- By providing us with your email address and mobile number, you agree to receive all required notices and information electronically, to that email address or mobile number. It is your responsibility to update any changes to your email address and mobile number.
- Any misrepresentation in providing the Registration Information or other information like KYC, Investor Application Form, etc. shall render the Services void ab initio, but without any recourse on BISL. BISL shall not be held responsible for any reason whatsoever if the Registration Information or other information is incorrect at any point in time. Failure to provide accurate and complete information during registration and later may prohibit the use of the Service offered by BISL.
- BISL may send automatic alerts and voluntary account-related alerts from time to time. Certain voluntary account alerts may be turned on by default, as part of the Services. You may customize, deactivate or reactivate these voluntary alerts based on your individual preferences and options available. BISL may add new alerts (automatic/voluntary/compulsory) from time to time, or cease to provide certain alerts at any time, upon its sole discretion.
- You hereby agree and consent to receive all transactional alerts at the mobile number and email address provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize BISL to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents or third party service providers. However, sending of short messaging service (SMS) alerts are subject to TRAI regulations and also to your telecom service provider, as may be applicable from time to time. BISL cannot be held responsible for non-delivery or delay in delivery of SMS alerts to your mobile number.
- You agree and understand that alerts are not encrypted. Alerts may include some of your personal and sensitive information. Anyone with access to your email/mobile will be able to view the content of these alerts; therefore, you should take proper care to prevent any unauthorized access to the said alerts to protect your own interest.
- While BISL would endeavor to provide alerts under the Services in a timely and accurate manner, you understand and agree that any such alerts may be delayed or prevented by a variety of factors. You agree that BISL shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party, on the reliance of an alert. Further, the delivery of alert messages are subject to compliance of any local laws or guidelines, as may be enforced from time to time and you agree to abide by such compliance requirement, as and when notified by governing authorities.
- You may direct BISL to retrieve your own information maintained online by third-parties with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). BISL may work with one or more online service providers to access this Account Information. BISL makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. BISL is not responsible for the products and services offered by or on third-party sites.
- BISL may transfer sensitive personal data or information to another Indian or overseas body corporate if it is necessary for the performance of Services, and you hereby consent to such data transfer.
- THIRD PARTY SERVICE PROVIDERS The Services on the Website/Mobile App are enabled through various third party service providers, including but not limited to the following:
- Techprocess Payment Services Limited, a Public Limited Company incorporated under the Companies Act, 1956, having its registered office at Mehra Estate, New Building, Building No. 2, 1st Floor, LBS Marg, Vikhroli (W), Mumbai – 400 079, India which will provide bill payment services.
- Various Asset Management companies and their registrars.
- HDFC payment gateway and Juspay payment solutions pvt ltd
BISL reserves its right, in its sole discretion, to replace/appoint/re-appoint any or all third party service providers to ensure uninterrupted provision of Services.
- BISL cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. BISL cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
- You understand that BISL is the distributor of financial products and is not the advisor.
- Monthly goals are just suggestions and in no way implies that meeting monthly goal will lead to achieving the goal set by you.
- You understand and permit BISL to read your SMS in your mobile phone so that the website and/or mobile app can keep track of your spending.
- You understand that Mutual Fund investments are subject to market risks and you will read all scheme related documents carefully before investing. You should seek independent financial planning, legal, accounting, tax or other professional advice before investing or withdrawing.
- You are aware that BISL is an AMFI registered distributor of mutual funds and receives commissions from AMCs, details of which are available on the Website.
- Your Investment Account will be activated after BISL verifies your personal information in accordance with the Know Your Client (“KYC”) guidelines issued by the Securities and Exchange Board of India (“SEBI”).
- BISL does not, and is not obliged to, offer all mutual fund schemes for investment. By limiting the number of schemes on the Website/Mobile App, BISL does not make any representation as to the quality, bona fides or nature of any AMC or mutual fund scheme, or any other representation, warranty or guaranty, express or implied.
- For investments using ECS/NACH/ Direct Debit, BISL will first submit the fund transfer instruction(s) to your bank. Your request for subscription will be sent to the AMC only after receiving confirmation of successful money transfer to the AMC’s account. Consequently, there may be a lag between the date of debit to your account and date BISL submits your request to the AMC.
- Subject to point no. A 26, your instructions will be processed the same day if received before the cut-off time(s) specified by BSL. Else your instructions will be processed on the next business day. BISL may specify cut-off time(s) earlier than the time(s) specified by the AMC/ SEBI.
- BISL will forward your instructions to the AMC electronically and the AMC will process the transactions on the basis of such electronic instructions. AMCs are not obliged to accept your application for subscription to units of their mutual fund schemes in part or in full.
- For Investment Accounts held jointly, the mutual fund folios maintained by the concerned AMC will also be held jointly and all the individuals will have the same authority to operate those folios (Any or Survivor).
- You understand and accept that all information submitted by you through the Website/Mobile App shall be deemed the property of BISL, and BISL shall be free to use any ideas, concepts, know-how or techniques provided by you at the Website/Mobile App, in any manner whatsoever.
- The data and information provided on the Website/Mobile App does not constitute advice and shall not be relied upon by you while making investment decisions.
- In case you violate this agreement, or any local or international laws, BISL may, at any time and at its sole discretion, terminate your Investment Account and/or prevent you from accessing the Website/Mobile App and/or Services at any time and at its sole discretion.
- BISL may modify these terms at any time by informing you. Your continued use of the Services will imply your acceptance of the changes.
- You hereby authorize and appoint BISL/ its third party service provider as an agent with Limited power of attorney to access your sensitive personal data or Information as defined hereinbelow for providing you services offered by BISL.Sensitive personal data or information” would mean and include but not limited to:
- user name and password
- financial information such as details of transactions from Bank account or credit card or debit card or other payment instruments ;
- Linked account information, transaction data, Biometric information or as provided by applicable law /Notification/Circular/Act etc.;
- any detail relating to the above clauses as provided to BISL for providing service; and
- Information in your KYC (know your client) document, your bank account details, bank mandate details and your Investor application form.
- any of the information received under above clauses by body BISL for processing, stored or processed under lawful contract or otherwise. provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of these rules.
- BISL cancellation and refund policy is governed by the cancellation and refund policy of the concerned AMC.
B. Under this Agreement, BISL’s obligations are to provide Services as below:
- Offer selected mutual fund schemes. The schemes offered would be according to following criteria-:
Facilitate subscription and redemption of mutual fund units by transmitting your money and Instructions to the appropriate AMC, as per your instructions.
Securely and confidentially maintain a record of your personal information and your financial transactions.
Keep track of your spending and suggest percentage of the spent for your investment amount.
Suggest monthly investment goals in accordance to your goal.
As soon as reasonably practicable, respond to your queries relating to your online investment account.
- Starting minimum amount investment should meet BISL minimum investment threshold value.
- Schemes would be selected according to the timeframe that you have given for your goal. While selecting schemes for a particular timeframe we will be using offer document to select suitability of the investment for that particular timeframe. Depending on the timeframe each scheme will be classified as conservative, moderate and aggressive. User can choose the scheme according to his/her risk appetite.
- When more than three schemes are there in a particular category then the schemes with better ratings will be selected based on the ratings given by www.crisil.com and http://www.icra.in
C. Applicability of the Terms
- By accessing the website and downloading, installing, using, and accessing the Mobile App’s features in any manner (“Using”) you hereby give your unconditional consent to:
These Terms may be amended at any time by BISL. You will be notified about such amendments. All such amendments shall be binding on you 24 (twenty four) hours after the amended Terms are made available on the Website. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Website/Mobile App with no liability to BISL.
Although BISL may attempt to notify you when major changes are made to these Terms, it shall be solely your responsibility to read and understand the most up-to-date version of the Terms on the Website. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
- Any other notice, disclaimer, policy, or term of use, by whatever name called, which may apply to the use of the Mobile App from time to time.
D. Use of the Website/Mobile App
- In your use of the Website/Mobile App, you shall always comply with all applicable laws.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Website/Mobile App or features that prevent or restrict use or copying of any content or enforce limitations on use of the website/App or the content therein.
- Except for the Services explicitly provided, BISL does not provide, control or endorse any third party information, products or services in any manner whatsoever, even if such third party information, products or services are advertised or mentioned on the Website/Mobile App.
- You hereby represent and warrant that you shall make use of the Website/Mobile App as a prudent, reasonable and law-abiding citizen.
- BISL shall not be responsible for any delay or failure resulting from infrastructure issues, like server uptime, network availability and connectivity.
- You shall not take any action that would cause BISL to suffer any type of loss.
E. Force Majeure
Under no circumstances shall BISL and any of its third party service providers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree to protect and fully compensate BISL, its affiliates, subsidiaries, licensors, suppliers and service providers, employees, officers and directors, third party service providers and BISL affiliates, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the Services, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
G. Consideration and Payment Terms
Even if the Website/Mobile App is provided on a ‘no charge’ basis for a period of time, BISL shall have the right to charge such subscription fees as it determines in its sole discretion from time to time.
H. Termination and Suspension
- Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between you and BISL, BISL may terminate your use of the Website/Mobile App at any time with or without notice, and for or without any reasons, with absolutely no liability to you.
- Without prejudice to the foregoing:
- BISL reserves the right to terminate these Terms without notice and without liability to you on becoming aware that you have violated these Terms or any other guidelines and rules published in respect of the Website/Mobile App.
- BISL may block, restrict, disable, suspend or terminate your access to all or part of the Website/Mobile App at any time in BISL’s discretion, without prior notice or liability to you.
I . Warranty Disclaimer
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BISL, AND ANY OF BISL’S THIRD-PARTY PARTNERS, LICENSORS, AND SUPPLIERS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE/APP WILL CONSTITUTE OR CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN.
- YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE/MOBILE APP IS AT YOUR SOLE RISK. THE WEBSITE/MOBLE APP AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE/MOBILE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. BISL AND ANY THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE DATA, SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE/MOBILE APP WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- BISL AND ANY THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE/MOBILE APP IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- YOU UNDERSTAND AND AGREE THAT IF YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE/MOBILE APP, THE SAME SHALL BE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND/OR OTHER DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
J. Intellectual Property
BISL and its licensors, if any, shall be the sole and absolute owners of the Website/Mobile App, including but not limited to the idea behind the Website/Mobile App, the copyright in all content on the Website/Mobile App and all trademarks, designs, logos and other insignia of trade used on the Website/Mobile App and elsewhere during the performance of the Services, all of which are subject to protection under patent, copyright, trade mark and trade secret and other intellectual property laws of India and other countries. Any copying of any part of the Website/Mobile App shall entail immediate termination of these Terms without prejudice to the other rights and remedies of BISL, including for civil wrongs and criminal offences.
K. Restrictions on Commercial Use or Resale
Your right to use the Services is personal to you; therefore, you agree not to resell or make any commercial use of the Services.
L . Limitation of Liability and Disclaimers
- IN NO EVENT SHALL BISL, ITS OFFICERS, DIRECTORS AND EMPLOYEES, OR ITS CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ABUSE OR BREACH OF DATA), EVEN IF BISL OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO
- THESE TERMS,
- THE WEBSITE/MOBILE APP,
- YOUR USE OR INABILITY TO USE THE WEBSITE/MOBILE APP; OR
- ANY OTHER INTERACTIONS WITH ANOTHER USER IN CONNECTION WITH THE WEBSITE/MOBILE APP. IF THE FOREGOING LIMITATION IS NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF BISL SHALL BE Rs.500.
- YOU ACKNOWLEDGE AND AGREE YOU HAVE ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BISL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BISL. BISL WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
- YOU SPECIFICALLY ACKNOWLEDGE THAT BISL SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING LIES ENTIRELY WITH YOU.
- ANY INFORMATION THAT THE WEBSITE/MOBILE APP MAY MAKE COMMUNICATE TO YOU ABOUT ANY SERVICE OR PRODUCT OFFERED BY A THIRD PARTY, INCLUDING ANY PROMOTIONAL OR OTHER OFFERS IN RELATION THERETO, SHALL NOT CONSTITUTE OR BE DEEMED TO BE BISL’S ENDORSEMENT OR APPROVAL IN ANY MANNER OF SUCH THIRD PARTY PRODUCTS AND SERVICES.
- The Website/Mobile App is controlled and offered by BISL from its facilities in India. If you are a user outside India, please take note that BISL is subject only to Indian law and only to the jurisdiction of Indian courts. BISL makes no representations that the Website/Mobile App is appropriate or available for use in other locations. Therefore, if you are a user outside India, you may use the Website/Mobile App solely on your own volition and at your own risk. You shall be solely responsible for compliance with local law.
You hereby agree to defend, indemnify and hold harmless BISL, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of the Website/Mobile App;
- your violation of any Terms;
- your violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation shall survive these Terms and use of the Website/Mobile App.
N. Governing Law and Arbitration
- These Terms are governed by and shall be construed in accordance with the laws of the Republic of India without respect to its conflict of laws’ provisions.
- Disputes, if any, shall be attempted to be resolved amicably for thirty (30) days. Unresolved disputes shall be referred to an independent, sole arbitrator in Dehradun appointed by BISL in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, you hereby consent to the exclusive jurisdiction of the Courts in Dehradun Urban District.
- Notices: Any notice required to be given to BISL under this Agreement shall be sent by registered mail or recognized courier to the address first set out above.
- Severability: Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable, the other provisions of these Terms and the remainder of the provision in question shall continue in full force and effect.
- No Waiver or Election: No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.
- Assignment: The right to use the App is personal to you and is not transferable by assignment, sub-license, or any other method to any other person or entity