Terms and Conditions for use of Online Facility by Investors
These terms and conditions (“Terms and Conditions”) govern the Online facility (‘Facility/Online
Facility’) being offered by Mahindra Asset Management Company Private Limited (“MAMCPL”/
“AMC””) to the User of the Facility (“the User”) through its Website www.mahindramutualfund.com
(“the Website”). The Terms and Conditions together with the Disclaimer, Privacy
Policy, Offer Documents (Statement of Additional Information, Scheme Information
Document and Key Information Memorandum of the scheme(s) of Mahindra Mutual Fund
(“the Fund”)), online registration form, online transaction form and any other documents,
as specified by MAMCPL from time to time, form a binding contract between the User
and MAMCPL/ the Fund. Online Facility shall mean the online platform provided by
MAMCPL to eligible Users for availing the list of facilities and services as explained
hereinafter in Clause 3.1 of these Terms and Conditions;
The User is requested to read the contents of these Terms and Conditions carefully
before registering and/or undertaking use of the Facility. The User acknowledges
that he/she has read and understood these Terms and Conditions and unconditionally
agrees and assents to be legally bound by the Terms and Conditions by availing the
Online Facility. The User undertakes that he/she is eligible and competent to enter
into such a binding contract with MAMCPL/ the Fund as per applicable Laws. The User
agrees that he/she is according his/her free consent, without any coercion, to register
for the Online Facility.
The User's use of the Online Facility is governed by the version of the Terms and
Conditions in effect on the date this Facility as accessed by the User. MAMCPL reserves
the right to change the Facility and the Terms and Conditions at any time, without
notice. If the User uses this Facility after the amended Terms and Conditions have
been posted, the User will be deemed to have agreed to the Terms and Conditions,
as amended. Changes in these Terms will be effective when such change / updated
terms are posted. User's continued use of this Facility after any changes to these
terms are posted will be considered acceptance of those changes. The User is bound
by any such revisions and should therefore periodically visit this page to review
the then current terms and conditions to which the User is bound.
The Online Facility is being provided by MAMCPL/the Fund at its sole discretion
in order to facilitate electronic transactions for the Users. However, MAMCPL/the
Fund is not bound or obliged in any way to offer or continue to provide the Online
Facility to the Users. The User also acknowledges that an application for the Online
Facility does not imply automatic acceptance by MAMCPL. MAMCPL / the Fund reserves
the right to withdraw the Online Facility or one or more services/facilities offered
through the Online Facility or online access to the Users, at any stage, without
any notice or liability.
All capitalised terms used but not defined herein shall have the meaning ascribed
to them under the Offer Documents or such other documents which are referenced herein.
1. Information for Investors not Authorized to use this Online Facility,
This Online Facility is intended solely for the use of Resident Indian(s), permitted
Non-Resident Indians, persons of Indian Origin, and Foreign Investors and other
investors, permitted to invest in mutual funds and services offered by MAMCPL, as
per prevailing laws & regulation established by SEBI & other regulatory bodies/
authorities and disclosure(s) made in the Scheme Information Document of the schemes
of the Fund. Nothing on this Online Facility shall be considered a solicitation
to buy or an offer to sell a security, or any other product or service, to any person
in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful
under the laws of that jurisdiction.
2. Conditions for availing Online Facility
2.1. The Online Facility is presently available only to the individual investors
to transact in the schemes of the Fund.
2.2. MAMCPL may subsequently extend the Online Facility to other categories of Users
or restrict existing categories of Users, at its sole discretion.
2.3. MAMCPL / the Fund may at its sole discretion restrict the Online Facility to
only a particular set or class of Users or block a folio for future or further dealings.
Neither MAMCPL nor the Fund shall be held liable or responsible for not making the
Online Facility available to any particular User or certain categories, classes
or sets of Users.
2.4. In order to access the Online Facility, the User is compulsorily required to
have completed all prescribed KYC requirements with the KYC Registration Agency
as per the SEBI KYC (Know Your Client) Registration Agency Regulations, 2011 and/OR
the SEBI Circular dated October 8, 2013 for Aadhar based e-KYC and/or any other
KYC requirements as may be specified by SEBI/AMFI/other Regulatory/Government authorities
from time to time.
2.5. The investor availing the Online Facility of account opening authorises the
AMC and/or its Registrar and Transfer Agent to import his signature from the KRA
feed / feed file(s) received from any other KYC registration authorities appointed
by the regulatory / government authorities and store the same for handling physical
transaction requests, if any, subsequently submitted by the investor. Signature(s)
received from the KRA would be considered as valid for verifying signature(s) against
a physical transaction.
2.6. In case signature received from KRA/ other KYC registration authority(ies)
is unclear or is unavailable in the feed, a hold will be marked on the units and
intimation will be sent to the investor/s to submit signatures in physical, at the
earliest. Unless the same is received, the folio will be frozen for all financial
transactions and the AMC shall not be liable or responsible for any loss or damages
of whatsoever nature arising to the investor on account of freeze of the units for
want of signature. In case of non receipt of the relevant documents within specified
30 days period, system will trigger an auto redemption at applicable NAV with exit
load, if any.
2.7. If during subsequent back office verification process, it is ascertained that
the payment has been received from a third party account, the relevant units against
the purchase will be reversed and refund proceeds will be remitted to the bank account
from which the funds were received, as confirmed by the payment gateway service
provider.
2.8. In case the bankers fail to provide the account no, an intimation would be
sent to the investor to submit the correct account no. with proof of payment toward
purchase. Till such time, the refund remittance will be kept on hold
2.9. The User shall ensure that the pay-out bank account details / bank mandate
details are correctly provided while creating the folio using the Online Facility.
The AMC shall not be liable in case the redemption/dividend proceeds are sent to
an incorrect bank account due to incorrect bank details provided by the User in
the folio.
3. Services offered under Online Facility
3.1. The services offered by MAMCPL on www.mahindramutualfund.com (“the Website”)
through the Online Facility are being offered, subject to the Disclaimers mentioned
on the Website, as an additional facility to the Users and is not in substitution
of other facilities being provided by MAMCPL/the Fund. These services are over and
above the facilities that MAMCPL provides through its official point of acceptance
/ investor service centres. MAMCPL reserves the right to include or exclude any
services from time to time or even discontinue the Online Facility, as it may deem
fit in its absolute discretion. The User agree and understand that the scope of
services provided by MAMCPL at any point of time would be as made available in the
Online Facility at the time of access by the User. MAMCPL may, at its sole discretion,
also block certain type of transactions from the Online Facility, for one or more
scheme(s).
3.2. The User may avail of Online Facility for any of the following services that
are being presently offered by the AMC:
a) Subscription and Additional Subscription to various schemes of the Fund including
any new schemes launched by the Fund from time to time and which are tagged with
the existing Schemes by the Fund for the purpose of conducting such online transactions.
b) Switching between schemes / plan / options, as permitted. The cutoff timings for switch options for online transaction through Mahindra mutual fund website is kept at 2.45 PM.
c) Redemption of units.
d) Special products (as and when offered by AMC through online facility)
e) Downloading Account Statements
3.3. The User hereby agrees and confirms that the services mentioned hereinabove
in clause 3.2. are only an inclusive list, and the AMC may add or remove any services
it may in its absolute discretion decide, which services the Unitholder may use
the online Facility to access and utilise.
3.4. The AMC reserves the right to make the Online Facility available for such Schemes
and investors as it deems appropriate, and neither the AMC nor the Fund or any of
their Affiliates shall be held responsible or liable for not making the said Facility
available for such other Scheme or Unitholder.
3.5. The services through the Online Facility are available to only those Users
availing them through the Website. The Online Facility is not available to Users
attempting to transact with MAMCPL through any third party websites, unless the
Users using such third party websites specifically register on the Website of MAMCPL.
3.6. Currently, the Users are not permitted to transact in Folios/Units in dematerialized
form through the Online Facility. If the User wishes to transact the Folios/Units
in dematerialised form, he/she shall be required to submit a physical form. Please
note that the ‘demat’ option remains available for all purchases concluded in physical
form.
3.7. If the User applies for subscription of Units using online and physical application
forms, then MAMCPL shall treat them as two separate transaction requests and the
applications shall be processed accordingly.
3.8. MAMCPL may, in its absolute discretion and in the User’s interest, request
a fax/written confirmation signed by the User of any Electronic Instructions given
by such User, as well as request for any additional information that MAMCPL may
require. In such case, MAMCPL shall not be bound to act on any Electronic Instructions
received until such fax/written confirmation and/or additional information is received,
in a form and manner acceptable to MAMCPL. However, MAMCPL shall have no obligation
to check or verify the authenticity or accuracy of the fax/written confirmations
purporting to have been sent by the User, and may act thereon as if the same had
been duly given.
3.9. Any allotment of Units shall be subject to receipt and realization of payment,
receipt of physical documents, fax or scanned copies or additional information,
if so requested by MAMCPL/the Fund, within the timelines and in a manner as prescribed
by MAMCPL/the Fund. All details as may be requested by MAMCPL from time to time
for availing any of the Online Facility are mandatory. MAMCPL shall not be bound
to act on any Electronic Instructions received, until receipt of such documents,
fax confirmation, copies and/or additional information requested is received by
MAMCPL, to its satisfaction. If these requirements are not fulfilled, MAMCPL/the
Fund reserves the right to reject the application and refund the amount, or in case
Units have been allotted, freeze the folio or redeem the Units at applicable NAV
without any liability or responsibility for any loss or damage suffered by the User.
4. Privacy, security and confidentiality of information
4.1. The terms of the Privacy Policy, as amended from time to time, are incorporated
by reference in these Terms and Conditions. The User agrees to comply with the terms
of the Privacy Policy along with these Terms and Conditions.
4.2. The User agrees that the data provided by him/her pursuant to his/her online
transactions and dealings with MAMCPL may be shared by MAMCPL with his/her authorised
agents, representatives, affiliates, group companies and subsidiaries/service providers.
MAMCPL undertakes to not use or divulge the personal or sensitive personal data
or information for any purpose other than for providing the services contemplated
under the Online Facility or any other ancillary or incidental facilities hereto.
The User further agrees that MAMCPL may disclose in strict confidence his/her personal
information as may be reasonably necessary for reasons including, but not limited
to: (a) compliance with applicable Laws; (b) prevention, detection or investigation
of fraud; and (c) statutory reporting.
4.3. In order to prevent unauthorized access, MAMCPL may lock/block the User if
it detects any suspicious activity. Further, to prevent unauthorized access to the
User’s account, MAMCPL may ask additional information before granting the access
to the User and/or for making online transactions.
4.4. For security reasons, MAMCPL reserves the right to request the User to create
a new account with a different login detail, without assigning any reason whatsoever.
4.5. Apart from the existing security measures, MAMCPL shall be entitled to introduce
such other security protocols, security practices and requirements from time to
time which shall be binding on the User.
4.6. The User shall treat all data obtained from MAMCPL including the folio numbers,
transaction details, etc. as confidential and shall take adequate measures to ensure
the security of such confidential information. MAMCPL and/or the Fund shall not
be responsible in case the confidential information is wrongfully accessed or used
by a third party.
4.7. MAMCPL agrees to take reasonable steps, on a best efforts basis to ensure confidentiality,
continuity and security for availing Online Facility through the Website without
providing any guarantee or warranty regarding the same.
4.8. MAMCPL shall by default be entitled to market any scheme related information
or data to any User. The User may choose to unsubscribe from receiving such marketing
material through that particular mode, once they are in receipt of the same.
5. USER-ID, PASSWORD AND ONE TIME PASSWORD (OTP)
5.1. The User may create a username/user-id and password using the online portal
of MAMCPL to avail various services through Online Facility offered by MAMCPL from
time to time.
5.2. The User may use the username and password to carry out one or more of the
various types of transactions using the Online Facility like purchase, redemption,
switch, including any other services or facilities which the AMC may decide to offer
or permit, from time to time, by logging on the online portal of MAMCPL.
5.3. The User should ensure that important details like his/her mobile number, email
id, PAN, date of birth are correctly updated in their folio. The User hereby acknowledges
the fact that in case any of these information are not updated correctly then the
password protection may be compromised and MAMCPL/Fund shall not be liable or responsible
for any losses/claim arising thereof.
5.4. It shall be the sole responsibility of the User to ensure adequate protection
and confidentiality of the username /password/OTP and any disclosure thereof to
any other person shall be entirely at the risk of the User.
5.5. The User agrees to notify MAMCPL immediately if the password and OTP is lost
or stolen or if the User is aware that another unauthorized person is privy to or
has used the OTP or it is suspected that the OTP has been tampered with. On receiving
such notification from User, MAMCPL may issue a new OTP.
5.6. The User agrees to update change, if any, in the aforesaid information in the
records of KYC registration agency(ies) and MAMCPL on immediate basis. MAMCPL reserves
the sole discretion to decide the mobile number/email id of the User where the OTP
shall be delivered. MAMCPL shall not be liable in case the details are sent to an
incorrect mobile number/email id due to an incorrect mobile number/email id provided
by the User in the folio/KRA database.
5.7. In consideration of MAMCPL providing the User with Online Facility, the Unit
Holder shall, at his own expenses, indemnify and hold the AMC/Registrar indemnified
against all losses and expenses on full indemnity basis which the AMC/Registrar
may incur, sustain or is likely to suffer in connection with MAMCPL/ Registrar's
execution of the Unit Holder's instruction and against all losses/expenses/damages/cost/charges
and action taken or omitted to be taken by the MAMCPL/Registrar, on the instructions
of the Unit Holder.
6. Other terms and conditions
6.1. The information provided to the Unit Holder through the electronic mode may
not be updated continuously but in regular intervals. Consequently, any information
supplied to the User through the electronic mode will pertain to the date and time
when it was last updated and not as the date and time when it is supplied to the
Unit Holder. There may be a time lag in the updation of information on the electronic
platform. The AMC/Registrar shall not be liable for any loss that the Unit older
may suffer by relying on or acting on such information.
6.2. The instructions/transactions requested via electronic mode, shall be executed
only when the instruction/transaction is in accordance with the prescribed procedures.
MAMCPL/Registrar has no obligation to verify the authenticity of any transaction/instruction
received or purported to have been received from the User/Unit Holder. Where MAMCPL/Registrar
considers the instruction(s) to be inconsistent or contradictory it may seek clarification
from the User/Unit Holder acting on any instruction(s) or act upon any such instruction
as it deems fit. The User/Unit Holder is responsible for the correctness of information
supplied to MAMCPL/Registrar using electronic mode and MAMCPL/Registrar accepts
no liability for the consequences arising out of erroneous information supplied
by the Unit Holder.
6.3. If any User chooses to access/use the Online Facility from locations outside
India, the User does so at his own risk and shall be solely responsible for compliance
with all applicable laws in force in such locations.
6.4. The User shall not avail any online services through the Online Facility in
a manner contrary to applicable Laws. The User shall be bound by all the provisions
and notifications issued by SEBI, the requirements under Information Technology
Act 2000 or those specified to any other regulatory body.
6.5. Pursuant to these Terms and Conditions, the User unconditionally authorizes
MAMCPL, its officers, affiliates and authorized representatives to effectuate all
transaction requests through the Online Facility.
6.6. The User’s use of the Online Facility may involve the transmission of information,
including personally identifiable data, about the User. The User consents to the
transmission of such information by electronic means through the Internet and represent
that such consent shall be effective each time the User uses the Online Facility/
services offered by the AMC.
6.7. By providing relevant personal details for availing services online through
the Online Facility, the User is providing his/her consent to map the folios where
the User is a first holder or a guardian in a minor folio. However, the online mapping
services will not cover Units which are held in dematerialized form.
6.8. In the event of a folio opened online, the User acknowledges that MAMCPL and
its authorised representatives shall process subsequent financial as well as non-financial
transaction requests in that folio, if any, received in physical mode on the basis
of signatures of User made available by SEBI registered KYC registration agency/
other KYC registration authority(ies).
6.9. Mode of operation
Single Holding Currently, the facility is available only for ‘Single’ holding Users.
On behalf of Minor In case the User is a ‘minor’, the legal/natural guardian shall
be eligible to avail the facility till the minor attains majority. The natural/legal
guardian of the minor hereby agrees to submit such details as may be specified by
MAMCPL from time to time.
6.10. The User authorises MAMCPL and its authorised representatives to use the information
/ details (including wet signatures) of the User captured from the records of KYC
registration agency(ies) by MAMCPL for opening of the investor folio for processing
any transaction submitted by User physically or any other mode.
6.11. The User understands that in making payment for subscribing to Units through
a payment gateway, MAMCPL and/or the Fund shall not be liable for any failures in
the link or for any fraud at the payment gateway's end or the bank's end at the
time of making such payment. The User agrees that it is her/his responsibility to
intimate MAMCPL and/or the Fund immediately in case his/her bank account is debited
but the corresponding Units are not allotted.
6.12. The User agrees that if he/she notices any error in the account information
or statement supplied by MAMCPL, the User shall advise MAMCPL of the same as soon
as possible. MAMCPL shall endeavor to correct the error. While MAMCPL shall take
all reasonable efforts to ensure the accuracy of the account statement, it shall
in no event be liable for any error. The User agrees that he/she shall hold MAMCPL
harmless against any loss, damages etc. that may be incurred or suffered by the
User, if the information contained in the above said outputs turns out to be inaccurate
or incorrect.
6.13. The User shall ensure availability of clear funds in his/her respective bank
account, at the time of requesting a purchase of Units using the Online Facility
and at the time of debit of funds from the bank account of the User.
6.14. MAMCPL shall, on a best efforts basis, attempt to keep the Website updated
to ensure that the User has access to updated information.
6.15. MAMCPL is at liberty to sub-contract and employ agents to carry out its obligations
under these Terms and Conditions.
6.16. The User agrees that MAMCPL is currently permitting the online transactions
without any charge but MAMCPL, subject to applicable Laws, reserves the right to
levy any fee or charge as it may deem fit at time in the future without requiring
the prior consent of the User. The Fund however is entitled to charge the exit load
or any other fees in accordance with the provisions of the Offer Documents.
6.17. The User acknowledges that he/she is using the Online Facility at his/her
sole risk. The risks relating to the use of the Website include amongst others,
internet frauds and technology risks. The risks relating to the use of internet
and the Online Facility inter alia include the following:
(a) Internet frauds: The internet per se is susceptible to a number of frauds, misuse,
hacking and other actions, which could affect the Electronic Instructions to MAMCPL.
Whilst MAMCPL shall aim to provide security to prevent the same, there cannot be
any guarantee from such Internet frauds, hacking and other actions that could affect
the Electronic Instructions to MAMCPL; and
(b) Technology risks: The technology for enabling the Online Facility provided by
MAMCPL could be affected by virus or other malicious, destructive or corrupting
code, programme or macro or any other reasons not attributable to MAMCPL. It may
also be possible that the Online Facility of MAMCPL may require maintenance and
during such times it may not be possible to process the request of the investor/User.
This could result in delays in the processing of instructions or failure in processing
of instructions and other such failures and inability. The User understands that
MAMCPL disclaims all or any liability, whether direct or indirect, whether arising
out of loss of profit or otherwise arising out of any failure or inability of MAMCPL
to honor any instruction for whatsoever reason. The User accepts that MAMCPL shall
not be responsible for any of the aforesaid risks.
6.18. The User agrees and acknowledges that delay, forbearance or failure on MAMCPL’s
part to act or exercise any right, entitlement under these Terms and Conditions
shall neither operate as a waiver of such right, entitlement nor shall any single
or partial exercise of such right or entitlement, preclude further exercise of such
right or entitlement.
6.19. The User agrees that he/she shall not use or permit the Online Facility or
any related service for any illegal or improper purposes.
6.20. Through this facility the User can receive documents viz. account statements,
fund updates etc. by email to the email address provided by the User to MAMCPL.
MAMCPL shall not be liable in case details are sent to an incorrect email ID due
to an incorrect email ID provided by the User.
6.21. Through this facility the User can receive account statements on the mobile
numbers provided by the User and can also avail of SMS confirmations every time
the User transacts with the Fund. The AMC shall not be liable incase details are
sent to an incorrect mobile number due to an incorrect mobile number provided by
the User.
7. No investment recommendations or professional advice; use of tools:
This Online Facility is not intended to provide any tax, legal, insurance or investment
advice, and nothing on the Website should be construed as a recommendation, by AMC
or any third party, to acquire or dispose off any investment or security, or to
engage in any investment strategy or transaction. Unless otherwise specified, the
User alone is solely responsible for determining whether any investment, security
or strategy or any other product or service, is appropriate or suitable for the
User based on his/ her/ its investment objectives and personal and financial situation.
The User should consult a legal or tax professional regarding his/ her/ its specific
legal or tax situation.
Information other than that relating specifically to MAMCPL, the Fund and its products/services,
is for information purposes only and should not be relied upon as a basis for investment
decisions. MAMCPL shall not be responsible for any information contained in any
website linked from the Website. MAMCPL makes no representations whatsoever about
any such website which the User may access through this Online Facility. The AMC
employs the best methods to keep the Website updated and to ensure accuracy of information/data
on the Online Facility. However, the information, products, and services included
on the Website may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. It is the User’s responsibility to evaluate the
accuracy, completeness and usefulness of any opinions, advice, services or other
information provided.
All information contained on any page set up by MAMCPL is distributed with the understanding
that the authors, publishers and distributors are not rendering legal, accounting
or other professional advice or opinions on specific facts or matters and accordingly
assume no liability whatsoever in connection with its use. The User is advised to
consult his/her own legal or tax advisor with respect to his/her personal situation.
In no event shall the AMC, its staff / directors and AMC’s related, affiliated and
group companies / entities be liable for any direct, indirect, special, incidental
or consequential damages arising out of the use of the Website and information therein.
8. Disclaimers, limitation of liability and warranties
8.1. The Disclaimers, including any amendments or modifications thereto, made from
time to time, as currently available at http://www.mahindramutualfund.com/Disclaimer
are incorporated by reference in these Terms and Conditions. The User availing the
Online Facility agrees to comply with the Disclaimers as available at the Website.
8.2. While MAMCPL and the Fund have taken reasonable steps to ensure the accuracy,
security and confidentiality of data and information made available in electronic
mode, MAMCPL or the Fund shall not be held responsible for any consequence of any
action carried out by the User or any unauthorized person as a result of breach
of these Terms and Conditions and the Privacy Policy as provided on the website
of the Fund http://www.mahindramutualfund.com/Privacy-Policy.
8.3. MAMCPL does not provide any express or implied warranty in relation to the
following:
(a) that the Online Facility and the access to the Website will be continuous, defect
free, uninterrupted or free from errors or that any identified defect will be corrected
instantaneously;
(b) that the information on the Website will be updated continuously, or on a real
time basis;
(c) that the software, operating system and/or hardware installed by MAMCPL for
running the Online Facility are free from any virus or other malicious, destructive
or corrupting code, program;
(d) that the services and Online Facility will be of a satisfactory quality or fitness
at all times for the User; or
(e) non-infringement of any third party rights.
8.4. The User warrants that the information furnished to MAMCPL including data in
the online application form, transaction form and all other documents submitted
by him/her are true and correct. The User acknowledges that that the responsibility
for the accuracy and veracity of information provided in the online application
form solely rests with the User and MAMCPL will not be responsible or liable for
any loss, claims, liability that may arise on account of any incorrect and/or erroneous
data/information supplied by the User in the online application form.
8.5. MAMCPL, the Fund or Trustees to the Fund shall not be liable for any direct
or indirect loss or damage or other consequences, suffered or incurred by the User
or any third parties on account of:
(a) disruption or non-availability of the Online Facility and/or one or more facilities/services
through the Online Facility in the desired manner for reasons including but not
limited to natural calamity, floods, fire and other natural disasters, legal restraints,
periodic maintenance of servers, technical fault/error or virus, any failure of
the service provider, failure in telecommunication network or any software or hardware
systems, loss or corruption of data, mobile device failure or malfunctioning or
any other reason beyond the control of MAMCPL;
(b) shortcomings or deficiencies in the software, operating system or hardware installed
or used by the User to access the Website or avail the Online Facility;
(c) incorrect, incomplete, erroneous, false or misleading information furnished
by the User for availing the Online Facility;
(d) any online transaction carried out in good faith by MAMCPL based on Electronic
Instructions of the User;
(e) any unauthorized usage/unauthorized online transactions concluded by using the
Online Facility;
(f) any error, defect, failure or interruption in the provision of the Online Facility;
(g) any negligence/mistake or misconduct by the User and/or for any breach or non
compliance by the User of the provisions of the Offer Documents or any other instructions
provided by MAMCPL;
(h) not carrying out any such Electronic Instructions where the MAMCPL/RTA has reason
to believe (which decision of MAMCPL/RTA, the User shall not question or dispute)
that the Electronic Instructions given are not genuine or are otherwise improper,
vague or raise a doubt;
(i) carrying out a transaction after such reasonable verification as MAMCPL/RTA
may deem fit regarding the identity of the User; and
(j) non-compliance with the Terms and Conditions.
8.6. The User agrees that MAMCPL shall not be liable for any loss caused through
a fall or decline in value of investments (including, without limitation, on account
of delays during the process of verifying the User’s identity in compliance with
anti-money laundering regulations).
8.7. Where MAMCPL/the Fund determines, discovers or finds, that the KYC requirements
are incomplete, any other information furnished by the User is false, incomplete,
misleading, incorrect, ambiguous, invalid, incomplete or erroneous, MAMCPL/the Fund
reserves the right to, at its sole discretion, reject the application, allotment
of Units and refund the amount or in case Units have been allotted, freeze the folio
or redeem the Units at applicable NAV without any liability or responsibility for
any loss or damages suffered by the User. MAMCPL also reserves the right to call
for any additional information from the User in order to fulfil the requirements
of PMLA norms prescribed by SEBI/PMLA Regulations from time to time. The User agrees
that the decision of MAMCPL in such a situation shall be final and binding on the
User.
8.8. The User agrees that he/she shall be liable for the losses/consequences, arising
from any unauthorized transactions through the Website, breach of conditions herein
or by negligent actions such as the following:
(a) keeping a written or electronic record of the password;
(b) disclosing or failing to take all reasonable steps to prevent disclosure of
the password to anyone and/or failing to advise MAMCPL of such disclosure within
reasonable time;
(c) not advising MAMCPL within a reasonable time about unauthorized access to or
erroneous transactions in his account.
8.9. MAMCPL shall under no circumstance be liable for any damages whatsoever whether
such damages are direct, indirect, incidental, consequential and irrespective of
whether any claim is based on loss of revenue, investment, production, goodwill,
profit, interruption of business or any other loss or any character or nature whatsoever
and whether sustained by the User or for any reason whatsoever.
9. Indemnity
MAMCPL/ RTA shall not take any liability or responsibility arising out of the unauthorised
usage of the User ID or password or unauthorised transactions conducted by using
the Online Facility. All Online Transactions conducted using the User ID and password
shall be the sole responsibility of the User. The User shall indemnify the MAMCPL/Fund/RTA
for all liabilities, losses, damages and expenses which they may sustain or incur
directly or indirectly as a result of:
(a) providing the Online Facility, as available over internet or any other mode,
that would enable the User to give Electronic Instructions to MAMCPL or by reasons
of MAMCPL, in good faith, taking or refusing to take any action on the Electronic
Instructions received from the User;
(b) fraud or dishonesty relating to any transaction using the User ID and password;
(c) non-compliance with the Terms and Conditions set out herein;
(d) incorrect or erroneous information provided by the User whilst filling up the
online application /transaction form;
(e) negligence or mistake or misconduct of the User;
(f) any information given out by the software system being inaccurate/incorrect;
(g) any online transaction that is carried out on the basis of Electronic Instructions
given by unauthorised persons by gaining access to the User ID and password; and
(h) any loss or damage incurred or suffered by the User due to any error, defect,
failure or interruption in the provision of the Online Facility arising from or
caused by any reason whatsoever including but not limited to computer systems of
the User, any virus or malware or bugs in the computer systems of the User;
10. Termination
10.1. Termination by MAMCPL
(a) MAMCPL may disallow usage of the Online Facility, without liability, without
prior notice on occurrence of any of the following events (i) non-compliance of
the Terms and Conditions stated herein; (ii) death, insolvency, bankruptcy or liquidation
of the User; (iii) any other cause arising out of the operation of law; or (iv)
or such other reason as MAMCPL deems fit and proper.
(b) MAMCPL may, at its sole discretion, at any time suspend the User’s right to
deal with MAMCPL through the Online Facility for such reason and for such time period
as it may deem fit.
(c) MAMCPL has the right to terminate this agreement with the User at any point
of time by giving notice in writing or by communicating the same over email, to
the User.
In the event of termination for any reason whatsoever, MAMCPL/ the Fund shall be
entitled to recover all outstanding charges and dues from the User, if any.
10.2. Termination by User/Unitholder
The User/Unitholder may terminate the Online Facility by making an application to
the AMC in writing and signed by him, if the User wishes to terminate the Online
Facility. The AMC shall disable the User ID and the Online Facility granted to such
User/Unitholder at any time within a period of 10 business days from the date of
receipt of the termination notice/request. It shall be the User/Unitholder's sole
responsibility to ensure that such Termination Notice is delivered to the AMC, and
the AMC shall in no circumstances be liable for any non-receipt or delay in receipt
of such termination notice/request.
11. Proprietary rights
The User acknowledges that the software and the underlying Online Facility as well
as other internet related software(s) which are required for accessing the Online
Facility are the legal property of MAMCPL and the respective vendors. The permission
given by MAMCPL to access the Website or the Online Facility does not convey any
proprietary or ownership rights in the above software. The User agrees that he/she
shall not attempt to modify, translate, disassemble, decompile or reverse engineer
the software relating to the underlying Online Facility or create any derivative
product based on the software. The User further agrees not to use the name, logo
or mark of the Fund or MAMCPL (or any logo or mark similar thereto), and any related
patent, trademarks and service marks applications, design rights, copyrights, and
all or any similar or equivalent rights arising or subsisting in any country in
the world.
12. Non-transferability
The grant of the Online Facility to the User is not transferrable or assignable
under any circumstances and the User warrants that the Online Facility shall be
only availed by him/her. The User agrees to not assign or delegate any right, interest,
obligation arising out of or in relation to the use of Online Facility.
13. Governing law and dispute resolution
13.1. In case of a dispute arising out of these Terms and Conditions, the matter
shall be settled by arbitration at Mumbai, India as per the provisions under the
Arbitration and Conciliation Act, 1996. A person nominated by MAMCPL shall be the
sole arbitrator and the language of arbitration shall be English. The User agrees
that the decision / award of the sole arbitrator shall be final and binding.
13.2. These terms and conditions are governed by the Laws of India. MAMCPL accepts
no liability whatsoever, direct or indirect for non-compliance with laws of any
foreign country other than the Laws of India.
14. Miscellaneous
The Clause headings in these Terms and Conditions are only for the sake of convenience
and do not effect the meaning of the relative Clause.
15. Notice
15.1. Any notice, communication or documents required to be given by either party
to the other under the terms of the Terms and Conditions, may be given by personal
delivery, registered post, telex or by fax, or by other electronic medium as agreed
by both parties from time to time, at the following addresses:
a) If to the AMC:
Mahindra Asset Management Company Private Limited Customer Services 1st Floor, Sadhana
House, 570, P.B. Marg, Worli, Mumbai – 400018, India Attention: Head - Customer
Service
b) If to the Unitholder: At the address of the Unitholder as recorded with the AMC
/ Fund.
15.2. The notice, communication or document shall be deemed to be effective if given
by personal delivery when so delivered, if given by post on expiration of seven
days after the notice, communication or document is delivered to the post office
for onward despatch, if given by fax or telex upon transmission thereof. Provided
that any notice, communication or document given by telex or fax, shall be followed
by a confirmation in writing.
16. Compliance with applicable Laws
Words and expressions not defined herein but defined in the Offer Documents the
relevant scheme shall have the same meanings respectively assigned to them in such
Offer Documents. These Terms and Conditions are subject to applicable Laws including
but not limited to Securities and Exchange Board of India (Mutual Funds), Regulations,
1996 and circulars, guidelines / notification issued there under as amended from
time to time and other laws, rules and regulations issued by the Government of India.
Further, the Terms and Conditions specified herewith cannot supersede the applicable
laws as specified in Securities and Exchange Board of India (Mutual Funds), Regulations,
1996 and circulars, guidelines / notification issued there under as amended from
time to time and/or other rules and regulations or guidelines issued by the Association
of Mutual Funds in India and/ or any other regulatory authority which is applicable
to MAMCPL.
________________________________________
Mutual Fund Investments are subject to market risks, read all scheme related documents
carefully.