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Expowealth Technologies Private Limited
Thank you for selecting the Services offered by Expowealth Technologies Private Limited (referred to as "Expowealth", "we", "our", or "us") via it's website expowealth.in.
Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and EXPOWEALTH.
By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services of Expowealth, you agree to the terms and conditions mentioned herein.
If you do not agree to this Agreement, then you may not use the Services. This Investment Advisory and transaction agreement sets forth the terms upon which Client avails investment advice and transaction from Expowealth.
This Investment Advisory Services Agreement ("Agreement") is made at Mumbai, Maharashtra and on the "Date" on which you first install, access or avail the services
Expowealth Technologies Private Limited, Company incorporated in India under the Companies Act, 2013 (CIN: U74999MH2016PTC281343) and having its registered office at C56 Topiwala Building, Goregaon (West), Mumbai 400062 hereinafter referred to as "Expowealth" (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the ONE PART.
You, [hereinafter called "the Client" which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include (if the Client is individual) his/her heirs, executors, administrators and legal representatives and permitted assigns; (if the Client is a Partnership Firm), the partners for the time being of the said firm, the survivor or survivors of them and their respective heirs, executors, administrators and legal representatives/its successors and permitted assigns; (where the Client is a Company or a body corporate) its successors and permitted assigns; (where the Client is the Karta of a Hindu Undivided Family), the members for the time being of the said Hindu Undivided Family and their respective heirs, executors, administrators and assigns; (where the Client is the Trust), the principal trustee or the board of trustees or the trustees or person authorised by the board of trustees for the time being and from time to time (where the Client is the governing body of a society), the respective successors of the members of the governing body for the time being and from time to time the members of the society for the time being and from time to time and any new members elected or appointed] of the OTHER PART.
The Directors of EXPOWEALTH are investment advisors registered with SEBI under registration no INA000006873
You are desirous of obtaining Investment advice and online execution services from Expowealth
You have satisfied yourself that EXPOWEALTH possesses requisite level of knowledge and competence to provide online investment advice bundled in the product package.
EXPOWEALTH has satisfied and shall continuously satisfy itself about the genuineness and soundness of the Client and investment objectives relevant to the Investment Advisory Services to be provided.
NOW THIS AGREEMENT WITNESSETH AND IT IS AGREED BY AND BETWEEN THE PARTIES AS UNDER:
Declaration by the client
1) I / We have read and understood the terms, conditions and contents of all the scheme related documents including but not limited to Statement of Additional Information and Scheme Information Document, Key Information Memorandum (KIM), addenda issued thereto and Product Label of the Scheme(s) before making the investment.
2) I / We agree to abide by the terms, conditions, rules, regulations and take note of the risk factors of the respective scheme(s) as on the date of this transaction.
3) I / We have neither received nor been induced by any rebate or gifts, directly or indirectly in making the above transaction.
4) I / We hereby declare that I / We am/are authorized to make the above transaction and the amount invested by me / us in the scheme(s) is through legitimate sources and does not involve and is not designed for the purpose of any contravention or evasion of any Act, Rules, Regulations, Notifications or Directions issued any statutory or regulatory or government authority from time to time.
5) Only applicable in case of investment by NRIs :I / We confirm that the I am / We are Non-Resident(s) of Indian Nationality / Origin and that the funds for additional purchases are remitted from abroad through approved banking channels or from funds in my / our NRE/ NRO / FCNR account. I / We are not a resident / incorporated body under the laws of United States of America or Canada. Currently NRIs cannot subscribe to EXPOWEALTH services. All users in countries other than India understand that by using the service, they may be violating the local laws in such countries. If the User chooses to access the service from outside India, he/she shall be solely responsible for compliance with foreign and local laws. The Users agree that they will solely be liable for any liability incurred in this regard and will indemnify EXPOWEALTH for any risk, , costs, consequences or liability which EXPOWEALTH may incur in any foreign jurisdiction as a consequence of the citizens / residents of countries other than India using the Service. This plan does not constitute an offer to sell or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
6) I/We confirm and believe that this transaction is appropriate for me/us as per my/our investment objective.
7) I understand that Mutual fund and Securities are subject to market risks and there can be no assurance that the objectives of the schemes will be achieved.
8) I/We agree to the terms and conditions for transacting through Expowealth Investment Account as mentioned below
Terms and Conditions - Expowealth Investment Account facility for investments in mutual funds
This "Expowealth Investment Account" facility ("EXPOWEALTH") is provided by Expowealth Technologies Private Limited.("EXPOWEALTH”) to enable the investors to carry out online transactions in the units of the mutual funds. EXPOWEALTH”S Directors in individual capacity are registered with the Securities and Exchange Board of India ("SEBI") as Investment Advisor under SEBI(Investment Advisers) Regulations, 2013("IA regulations") vide registration no. INA000006873 dated 5th January 2016.
EXPOWEALTH has entered into a distinct and separate arrangement with MF Utilities India Private Limited (MFU) which in turn provides EXPOWEALTH an interface for routing their clients transactions. Further, MFU is a facility owned by the AMC to coordinate with various RTAs to process the transaction. MFU is a transaction support facility only. MFU shall facilitate online transactions in mutual funds for clients through website Expowealth.in [herein after referred to as "website"] and shall be responsible/ liable for all regulatory compliances /contractual obligations with respect to online distribution of units of mutual funds.
This facility is made available with respect to select Mutual Funds only, and accordingly provides online platform to deal in the units of the scheme of these mutual funds that are existing / launched / offered by them from time to time. By subscribing to EXPOWEALTH, You agree and undertake to accept and abide and be bound by these terms and conditions. You further agree to execute all the necessary documents which may be needed from time to time, to send the necessary dealing details to the Mutual Funds / their authorised Registrar & Transfer Agents (RTAs) to give effect to the dealings made through EXPOWEALTH.
1. Registration Related Conditions
i. The Registration to EXPOWEALTH is subject to the satisfactory completion of the registration form CAN generated by and on behalf of MFU. Further submission of all mandatory documents and valid Permanent Account Number ("PAN") its subsequent verification and KYC verification.
ii. You hereby agree and authorize EXPOWEALTH to submit all the KYC Documents (name, Pan, age, address and signature)/ investor related documents to the respective Mutual Funds, Asset Management Companies and/ or their Registrar and Transfer Agents for the purpose of validation and to comply with regulatory requirement notified from time to time. You agree that signature available in the KYC records/ would be used for signature verification for processing any request made by you through the Website or direct transactions with AMC and in the event such signature is not available or legible in KYC records/, you understand and agree that the AMC shall be entitled to carry out further checks to validate the authenticity of the request / or to reject/ disallow any transaction in the connection herewith.
iii. Once it is ascertained that the investor is verified by EXPOWEALTH the account would be activated. The account can be operated using your EXPOWEALTH user id and password. You agree and unconditionally confirm that you shall be solely responsible to ensure protection and confidentiality of the user ID and password at all times and any disclosure thereof shall be entirely at your risk and accept the sole responsibility to maintain the secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any other person.
iv. You agree that access to EXPOWEALTH Account may be suspended / canceled /terminated without liability, in whole or in part, at any time without prior notice if you do not comply with any of these Terms or any modifications thereof and/or causes any breach thereof.
v. You agree and understand that no change of address, mobile no., e-mail id and / or bank details can be allowed for such accounts, unless a duly signed hard copy of such written/electronic request is sent to EXPOWEALTH for signature verification and other formalities. Further the same would be communicated by EXPOWEALTH to MFU and KRAs.
2. General Conditions
i. You grant authority to EXPOWEALTH to process and transmit such request made by you through the EXPOWEALTH account authenticated by the user ID and password and authorize EXPOWEALTH to execute your instructions with regards to purchase /redemption /switch/sell or other transactions/ activities in respect of mutual funds on your behalf, as may be instructed by them from time to time, on the terms and conditions mentioned herein. When you provide consent (by logging in or by any other verification means) to being a part of the family account, the parent family account holder gets access to their information and can operate your account, including doing transactions, exactly as you would have logged in. You fully understand the obligations thereof and automatically grant access of your account to be a part of family account, where you intend to. Expowealth cannot judge your relationships/partnerships with the parent account holder and in such cases the complete onus of providing access rests on you.
ii. You agree and confirm that EXPOWEALTH and / or its authorised representative is / are not in a position to verify that the dealings are indeed undertaken by you at the time of dealing through the EXPOWEALTH Account and EXPOWEALTH shall be not held responsible for any transactions arising out of the misuse of the password by any person other than you. You shall be responsible for the systems used by you with respect to dealings and for various security measures which you have to take to prevent unauthorized access to details relating to the dealing through the EXPOWEALTH account, and EXPOWEALTH shall not be liable for any such unauthorized access.
iii. You agree that the data and information provided by you pursuant to your dealing with EXPOWEALTH could be shared by EXPOWEALTH with its authorized agents, representatives, affiliates, group companies and subsidiaries for facilitating transaction processing, servicing, data processing, transaction statement generation and for contacting for new products and services including but not limited to marketing, cross selling, business activities and promotions or for generating reports, market research, customer study and for compliance with any legal or regulatory requirements. You agree that submission of a transaction request through the EXPOWEALTH Account shall not be deemed to be acceptance of the transaction by Mutual Funds or its RTAs and the transaction could be rejected if does not comply with the provisions of the Scheme Information Document of the respective Mutual Fund or for any other reason which EXPOWEALTH and / its authorised representatives/Mutual Funds/RTAs deems fit, for which EXPOWEALTH shall not be held liable or responsible in any manner whatsoever.
iv. There is no guarantee for any returns on investments made in Mutual Fund scheme(s). Past performance mutual fund/schemes does not indicate the future performance of the schemes and may not necessarily provide a basis of comparison with other investments
v. Mutual fund and securities are subject to market risks and there can be no assurance that the objectives of the schemes will be achieved.
vi. As with any investment in securities, the NAV of units issued under the schemes can go up or down depending on the factors and forces affecting capital markets.
vii. You agree and authorize EXPOWEALTH to communicate on your behalf with the AMC's for financial and /or non-financial transactions
viii. The transactions carried out through the EXPOWEALTH Account in Units of various schemes offered by the Mutual Funds shall be subject to the provisions contained in the respective scheme related documents including but not limited to Scheme Information Document and Statement of Additional Information or any addendum thereto.
ix. You agree to comply with KYC (Know your Client/Customer) requirements as required under SEBI (KYC Registration Agency) Regulation 2011, SEBI Act 1992, Prevention of Money Laundering Act,2002, all laws and regulations including but not limited to the Foreign Exchange Management Act, Reserve Bank of India (RBI) guidelines, to the extent applicable for availing the EXPOWEALTH account.
x. You acknowledge that dealing through the EXPOWEALTH Account will be at your own risks. You shall solely be responsible to evaluate all the risks arising out of the same. The risks would, inter alia include:
Although EXPOWEALTH has taken all necessary measures for its prevention, the EXPOWEALTH Account may be susceptible to online frauds, misuse, phishing, hacking and other actions, which could affect instructions sent to EXPOWEALTH/its authorized representatives. EXPOWEALTH does not guarantee any safeguard or guarantee from/against such internet frauds, phishing, hacking and other actions and shall not be held liable or responsible for the same.
General Terms and Conditions
You agree that by use of EXPOWEALTH, you shall be deemed to have agreed and accepted all the terms and conditions and such terms and conditions shall be binding on you in the same manner as if you have agreed to the same in writing.
You further agree and acknowledge that the Mutual Fund/Asset Management Company will act only on the electronic transaction data forwarded by EXPOWEALTH and will be under no obligation to verify and/or confirm the authenticity of such transactions including the content, source etc. You hereby confirm that you will not hold the Mutual Fund/Asset Management Company liable and/or responsible for any loss/damage that you may incur as a result of any such improper use of your password/Investment Services Account.
You agree and acknowledge that the filling in of transaction data/instructions for onward forwarding to the Mutual Fund/Asset Management Company would require you to incorporate proper, accurate and complete details. In the event of your account receiving an incorrect credit by reason of a mistake committed by any third party, the concerned mutual fund / Asset Management Company or the bank shall be entitled to reverse the incorrect credit at any time without your consent.
You shall be liable and responsible to EXPOWEALTH/ concerned mutual fund / concerned Asset Management Company for any unfair or unjust gain obtained by you as a result of the incorrect credit.
The Mutual Funds / Asset Management Companies may at its discretion not give effect to your transactions where the mutual fund / asset management companies have reasons to believe (which decision of Mutual Fund / Asset Management Companies, you shall not question or dispute) that the transactions are not genuine or are otherwise improper or unclear or raise a doubt. The respective Mutual Fund/Asset Management Company shall not be liable for the loss of any opportunity costs incurred by you, if any transactions are not carried out for any reasons whatsoever. You understand that any payment made by you towards such transactions will be refunded to your account, after deduction of charges, if any. You understand that you may communicate directly with the Mutual Fund/Asset Management Company to resolve any clarifications that you may have pertaining to your investments in the Mutual Fund Schemes.
In the event an Account is jointly held, you acknowledge that all instructions (including instructions for modification of this clause) shall be given only by the first holder of such Account, on behalf of all of you and for this purpose, the joint investors, irrevocably constitute the first holder above as your agent. All instructions given by the first holder above shall be binding on all of you as if given by each of you personally. You hereby authorize EXPOWEALTH to process and transmit such instructions given from time to time in relation to your transactions to the respective Mutual Funds / Asset Management Companies. The mode of holding in all customer joint accounts is treated as "Anyone or Survivor".
3. Transaction Processing Related Conditions
i. The online requests will be executed based on the instructions of investors registered for - EXPOWEALTH Account. You agree and confirm that all the authorised and complete transactions will be processed at the applicable NAV (as defined in the Scheme Information Document of respective schemes of Mutual Funds) subject to receipt of funds and acceptance of your transaction by the Mutual Funds/ RTAs.
ii. EXPOWEALTH / its authorized representatives shall not be held liable for any loss that may arise to you as a result of the incorrect NAV applied on units allotted to you by the Mutual Fund.
iii. The money debited from your Bank Account shall be collected in the pool/escrow account of the third party service provider and from there it will be credited / transferred to the MFU escrow account based on defined operational guidelines, from where funds will be credited to the respective Mutual Funds either on the same day or the next working day. Hence, you agree, understand and acknowledge that there would be an interim time lag in transferring / crediting the money from the pool account of the third party service provider to the respective Mutual Fund account. You acknowledge and agree that interim time lag in transferring / crediting the money from the pool account of the third party service provider to the respective Mutual Fund account may affect the NAV, for which EXPOWEALTH shall not be responsible, same being the operation issue beyond the control of EXPOWEALTH.
iv. You agree that when subscription for mutual fund units are remitted through joint bank accounts of investors, the default option for applying for mutual funds unit would be in the joint names of all the account holders of the bank account. If the payment is not made from a Registered Bank Account or from an account not belonging to the first named unit holder, your transaction will be rejected. Additionally, investors shall also have an option to apply for units in single name of any one or more names of the joint account holders of the bank account with nomination facility subject to terms and conditions of the relevant SID. You agree that in joint account holding, decision of First holder as mentioned above in clause 2 is binding on others.
v. The units of the schemes shall be allotted, redeemed or switched, as the case may be, at the Net Asset Value (NAV) prevalent on the date of the transaction request by the Mutual fund, if the request for purchase, redemption or switch is placed before the cut-off time.
vi. You agree that any transaction request falling due on a holiday or after the cut off time mentioned on the website would be processed on the next working day and respective NAV would be applicable as per the Mutual Fund's Scheme Information Document. The cut-off timings will be prior to the statutory cut-off timing specified under the SEBI Regulations and the Scheme Information Document for operational convenience.
vii. Holiday means banking holidays as applicable in India. The transactions once placed cannot be cancelled.
viii. In respect of purchase of units of mutual fund schemes (other than liquid schemes), the closing NAV of the day on which the funds are available for utilization shall be applicable for application amount equal to or such other value as may specified from time to time, irrespective of the time of receipt of such application.
xi. EXPOWEALTH /its authorised representative/service provider does not take any responsibility for any delay in acceptance / execution or non-execution / rejection of the order by the AMC. Once the information is provided by the Mutual Funds for the rejection and Investor will be informed accordingly.
xii. You agree that there may be a time lag between the time a transaction is completed and before the same is updated in the records of EXPOWEALTH /its authorised representatives/service provider.
xiii. There may be a possibility of variances in values arising out of delayed data feeds, transmission losses in electronic data, electronic fund transfer etc. for which EXPOWEALTH /its authorised representatives/ shall not be liable.
xiv. You agree to maintain clear and sufficient balance in your registered Bank Account at all times to cover the purchase price and other costs and charges / quantity of units. You are advised to check your daily fund transfer limits with your Bank before placing the purchase transaction / units in the particular scheme before placing a purchase/SIP request.
xv. In absence of sufficient funds (in case of purchase) / lesser quantity of units (in case of sell/ switch), EXPOWEALTH /its authorized representative/service provider shall not be responsible for the non-execution / rejection of your instructions.
xvi. In case of Redemptions, if the number of Units held by the Customer as per the records maintained by AMC and/or the Authorized Registrar is less than the number of Units requested to be redeemed, then the available units will be redeemed. Wherever redemption of "all" units is specified in the request, all Unit holdings in that Scheme shall be redeemed. All Redemptions shall be subject to the provisions mentioned in the respective Offer Document / Scheme Information Document (SID) and addenda thereto issued from time to time.
xvii. You agree that the payment for the transactions undertaken by you through EXPOWEALTH Account will be facilitated through a payment gateway and the EXPOWEALTH/its authorized representatives/ service provider shall not be liable for any failures in the link or for any fraud (either payment gateway’s and/or bank‘s end) that could take place at the time of at the time of making payment and you shall inform EXPOWEALTH /its authorized representatives/service provider immediately if your bank account is debited and wherein corresponding Units have not been allotted.
xviii. In case of rejection of your purchase request by the Mutual Fund, the amount will be credited into your bank account only after the receipt of the refund from the relevant Mutual Fund.
xix. Redemption proceeds and dividend payouts shall get credited directly by the AMC into your bank account provided at the time of registration with EXPOWEALTH.
xx. All the purchase transactions pertaining to Mutual Funds made on the website shall be allotted an online folio number and you will be able to access the transaction account statement in electronic format. You will receive the Accounts Statements directly from the RTAs.
xxi. You agree and acknowledge that transactions done through EXPOWEALTH will be tagged with the RIA Code of assigned Investment Advisor and will be treated as Direct.
xxii. The Customer has unfettered and unrestricted access to the Mutual Fund/ AMC and can transact in the same folio for financial / non-financial transactions without routing the transaction(s) through EXPOWEALTH.
xxiii. In the event of the termination of the agreement of EXPOWEALTH with the Mutual Fund/AMCs, you would not be allowed to execute through the website any transaction including but not limited to a transaction for Purchase, Redemption, etc of the Units of that Mutual Fund. In such cases, EXPOWEALTH will pass on / make available all your details to the Mutual Fund/AMCs, as are required by them to enable you to deal and interact directly with the AMCs/Mutual Fund from the date of such termination.
xxiv. The payment gateway used for online subscription of units could also include debit card/IMPS/UPI. Such facility is enabled through third party technology service provider and would be available for selects banks and shall be subject to such conditions and limitations as may be applicable from time to time. You may get a levy/ charges separately by your bank which you must check before availing this facility. However, credits card will not accepted for purchase of mutual funds.
xxv. There may be applicable exit load/any other charge levied by the Mutual Funds will be chargeable in accordance with the Scheme Information Documents(SID) /Key Information Memorandum (KIM) and addendums issued thereto from time to time (collectively referred to as "scheme related documents"). You shall read all the scheme related documents before investing.
xxvi. Investments from residents in the United States of America and Canada are not permitted for certain mutual funds. EXPOWEALTH shall not be liable for rejections of such applications by Mutual Funds, where investor is an US and Canada resident.
xxvii. EXPOWEALTH facility is not offered nor is the Fund managed or intended to serve as a vehicle for frequent trading that seeks to take advantage of short term fluctuations in the market, hence you agree and acknowledge that the Mutual Funds or its authorised registrars [RTAs] in it's sole discretion may reject any purchase or exchange of Unit that it reasonably believes may represent a pattern of market timing activity involving the funds of the Mutual Fund
4. Reverse Feed & Portfolio Reporting Related Conditions
You authorize EXPOWEALTH for receiving your investment details and reverse feed files from the AMC & RTA/s. You hereby give consent to share/provide the transactions data feed/portfolio holdings/ NAV etc. in respect of your investments under direct plans of all schemes managed by EXPOWEALTH tagged with the SEBI Registered Investment Adviser Code of the Directors of EXPOWEALTH.
5. Instructions For Nomination
i. Nomination shall be mandatory for new folios/accounts opened by individuals especially with sole/single holding and no new folios/accounts for individuals in single holding shall be opened without nomination. However, in case investors do not wish to nominate must sign separately confirming their non-intention to nominate, failing which the form may be rejected at the discretion of the AMC/Mutual Fund.
ii. Unit holder can nominate (in the manner prescribed under the SEBI Regulations), maximum upto 3 person(s) in whom the Units held by him/her shall vest in the event of his/her death. It shall be mandatory to indicate clearly the percentage of allocation / share in favour of each of the nominees against their name and such allocation / share should be in whole numbers without any decimals making a total of 100 percent. In the event of the Unit holders not indicating the percentage of allocation / share for each of the nominees, the AMCs, by invoking default option shall settle the claim equally amongst all the nominees.
iii. Nomination made by unit holder shall be applicable for investments in all the Schemes in the folio or account and every new nomination for a folio or account will overwrite the existing nomination. Thus, a new nomination request will imply simultaneous cancellation of existing nomination and request for fresh nomination.
iv. The nomination can be made only by individuals applying for / holding units on their own behalf singly or jointly in favour of one or more persons. Non-individuals including society, trust, body corporate, partnership firm, Karta of Hindu Undivided Family, holder of Power of Attorney cannot nominate. Nomination form cannot be signed by Power of attorney (PoA) holders.
v. In case a folio has joint holders, all joint holders should sign the request for nomination /cancellation of nomination and submit the same in physical form, even if the mode of holding is not "joint".
vi. A minor can be nominated and in that event, the name and address of the guardian of the minor nominee shall be provided by the unit holder. The Applicant is advised that, in case of Single Holding, the Guardian to a Minor Nominee should be a person other than the Applicant.
vii. Nomination can also be in favour of the Central Government, State Government, a local authority, any person designated by virtue of these offices or a religious or charitable trust. The Nominee shall not be a trust (other than a religious or charitable trust), society, body corporate, partnership firm, Karta of Hindu Undivided Family or a Power of Attorney holder. A non-resident Indian can be a Nominee subject to the exchange controls in force, from time to time.
viii. Nomination shall not be allowed in a folio/account held on behalf of a minor.
ix. Nomination in respect of the units stands rescinded upon the transfer of units. Transfer of units in favour of a Nominee shall be valid discharge by the AMC against the legal heir.
x. The cancellation of nomination can be made only by those individuals who hold units on their own behalf single or jointly and who made the original nomination.
xi. On cancellation of the nomination, the nomination shall stand rescinded and the AMC shall not be under any obligation to transfer the units in favour of the Nominee.
Expowealth shall charge the client transaction fees on a per transaction basis or on an annual basis, as per the subscription of the client. The transaction fees may vary for different types of transaction (buy, redeem, sip, stp, swp, switch) and may be subject to revision from time to time. Reasonable notice will be given by Expowealth to its clients by email and on its website in case of any upward or downward revision to its charges or the same may be displayed sufficiently in advance on its website. Also, Expowealth from time to time may offer certain services to certain clients for free or for promotional rates. Expowealth reserves the right to determine the nature, duration and criteria of eligibility for such promotions
i. You agree to keep indemnified and hold EXPOWEALTH / its authorised representatives, service providers, Mutual Funds, Asset Management Companies and their officers and agents free and harmless at all times, against all monetary and other harm, injury, costs, losses, liabilities, damages, charges, actions, legal proceedings, claims and expenses and consequences including without limitation any costs between attorney and client, whether direct or indirect, by reason of using EXPOWEALTH account and/or doing and/or omitting to do anything in accordance with the Terms specified herein or any instructions relating to the online dealing in Mutual Funds through EXPOWEALTH.
ii. You agree that EXPOWEALTH / its authorised representatives/service providers, Mutual Funds, Asset Management Companies and their officers and agents are not liable for any loss caused through a fall in value of investments / NAV etc which can go up or down depending on the factors and forces affecting capital markets or any indirect, special or consequential loss you might suffer.
iii. You agree not to hold EXPOWEALTH / its authorised representatives/service providers liable for any loss or damage caused by reason of failure / refusal or delay of the mutual fund to deliver any units purchased even though payment have been effected for the same or failure / refusal or delay in making payment in respect of any units sold though they may have been delivered and you shall save EXPOWEALTH / its authorised representatives/service providers harmless and free from any claim in respect thereof. EXPOWEALTH / its authorized representatives/service providers shall also not be liable for any delay, failure or refusal of the Mutual Funds or its authorised agent / RTAs in registering or transferring units to your names of for any interest, dividend or other loss caused to you arising there from. EXPOWEALTH / its authorised representatives/service providers shall not be liable for any delay / refusal / non-payment of any proceeds on redemption or dividend payouts by the Mutual Funds to your accounts for any reason whatsoever.
iv. You agree and undertake not to hold EXPOWEALTH / its authorized representatives/service providers for the following:
a. any delay or failure in processing the transactions carried out by you due to any system failure or for any other reason whatsoever.
b. for any loss or damage incurred or suffered by you due to any error, defect, failure or interruption in the dealing arising from or caused by any reason whatsoever.
c. for any fraud, negligence/mistake or misconduct by you including failure to comply with the KYC norms or provision of a valid PAN or PMLA requirements.
d. for any breach or non-compliance by you of these Terms.
e. for not permitting you to deal after such reasonable verification as EXPOWEALTH /its authorised representative may deem fit.
f. for permitting any person who provides its authorized representatives/service providers with the password to deal with EXPOWEALTH Account. EXPOWEALTH / its authorised representatives/service providers shall be under no obligation to further ascertain your identification at the time of transactions.
g. for any loss or damage incurred or suffered by you due to withdrawal or termination or suspension of the dealing facility arising from or caused by any reason whatsoever.
v. You agree that this undertaking shall be valid until such time you have not expressly informed in writing that you do not wish to deal or transact any longer and it shall be also valid in respect of any claims made on account of or relating to your dealing with EXPOWEALTH .
vi. If the foregoing limitation is held to be unenforceable, the maximum liability of EXPOWEALTH / its authorised representatives/service providers to you shall not exceed the amount of convenience fees / service charges paid by you for availing the services through the Website.
9. Suspension & Termination
i. The EXPOWEALTH facility / services may at any time be suspended / disallowed /modified for such reason and for such time period as deem fit like inactive / dormant user id, noncompliance of the terms stated herein, death, insolvency, bankruptcy of the investor, any other cause arising out of the operation of law or such other reason as deems proper.
ii. EXPOWEALTH facility may be terminated by giving you 30 days intimation/notice to your registered e-mail id or by way of SMS to your registered phone number. You may terminate the dealings at any time by giving prior written notice or deactivation of your user id and password. In the event of termination for any reason whatsoever, you shall be liable to pay all outstanding charges and dues, if any.
iii. In case you cease to be a Investor/Customer of EXPOWEALTH then all your details will be provided to the Mutual Fund/AMCs and as are required by them to enable you to deal and interact directly with the AMCs/Mutual Fund Notwithstanding anything stated above, kindly note that you have unfettered and unrestricted access to Mutual Fund/AMC and you may approach the Mutual Fund/AMC directly any time.
EXPOWEALTH owns the Website and reserves the right, at its discretion to modify the terms and conditions from time to time and any such modifications will be effective immediately upon posting such modification and you will be bound by such modifications. You should check the website periodically for modifications. These terms and conditions may be amended for such reason as deem fit and proper including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the services, company reorganization or Investor requirements.
11. Intellectual Property Rights
All rights to this Website, the content displayed on the website and / or for providing EXPOWEALTH Account facility and/or technology (in any form) made available to you as a part of or in conjunction with the Services are the intellectual or proprietary properties of the EXPOWEALTH. These intellectual property in all material provided on the website (excluding any applicable third party materials) is held by EXPOWEALTH unless otherwise stated. Except as expressly permitted herein or on the website, none of the material provided on the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the EXPOWEALTH. Further, you shall not transfer, reverse engineer, decompile, disassemble, modify or create derivate works based on the materials provided on the Website. The copyright, trademarks, service marks, registered designs, database rights, patents and all similar rights in and relating to the website arising or subsisting in any country in the world and the information contained in it are owned by EXPOWEALTH, its licensors or relevant third party content providers. Nothing on the website should be construed as granting, by implication, estoppels or otherwise, any license or right to use any trademark displayed on the website without the written permission of EXPOWEALTH or its relevant affiliate. You also agree not to use any information available on the website for any unlawful purpose, and you shall comply with all instructions and directions issued if any to protect the respective rights in the information.
i. Mutual Fund investments are subject to market risks, read all scheme related documents carefully before investing.
ii. The data, reports and information provided on the website does not constitute an investment advice and therefore should not be relied upon while taking investment decisions. You are therefore advised to obtain applicable legal, accounting, tax or other professional advice or services before taking an Investment decision. You understand that the recommendation, views, articles, reports, and other contents are provided on an "As Is" basis by EXPOWEALTH and that use of this service is at his /her own risk. Further he / she understands that EXPOWEALTH does not warrant completeness or accuracy of the information provided and EXPOWEALTH shall not be responsible or liable for any losses incurred by me for acting based on the views expressed under this service. Further, he/she agrees that EXPOWEALTH shall not be liable for errors, omissions disruption, delay, interruption, failure, in providing the service for reasons beyond its control.
iii. The transaction execution services and the data, reports and information and recommendations, if any provided are incidental to the distribution services of EXPOWEALTH and shall not in any manner be constructed as offering of any kind of investment advisory services or any kind of legal, tax or financial advice. Further it shall also not mean that any of EXPOWEALTH's employees or associates have been in any way involved in your decision making process. The investment decision, if any, will be taken by you in your sole and absolute discretion.
iv. All benefits on investments will be as per the provisions of Income Tax Act 1961 as amended from time to time.
v. This service does not constitute an offer to buy or to sell or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
vi. EXPOWEALTH/its authorized representative/service providers are not responsible for any omissions, errors or investment consequences arising from the use of the materials available on the website. Whilst every reasonable precaution has been taken to ensure the accuracy, security and confidentiality of data and information available through the EXPOWEALTH Account, EXPOWEALTH/its authorized representative/its service provider shall not be held responsible for any consequence of any action carried out by you.
viii. The services/facility may suspend or withdrawn at any time, and you acknowledge that the EXPOWEALTH account is also subject to interruption.
ix. You acknowledge and agree that the Website and the linked backend infrastructure may be inaccessible and/or unavailable at times. In such an event EXPOWEALTH will not be liable for any damage, liability, action, cause of action, suit, claim, demand, loss, cost, and expense arising directly or indirectly from or in connection with such system inaccessibility and/or unavailability.
x. EXPOWEALTH makes no express or implied warranty:
a. that the dealing through EXPOWEALTH account will be uninterrupted or free from errors or that any identified defect will be corrected;
b. that the EXPOWEALTH service is free from any virus or other malicious, destructive or corrupting code, program;
c. in relation to non-infringement of any third party rights, merchantability, satisfactory quality or fitness for a particular purpose.
xi. EXPOWEALTH/its authorized representative and its service provider shall not be liable for any loss or damage or other consequences arising from any suspension, breakdown, withdrawal, interruption, technical flaw, the presence of virus or other malicious, destructive or corrupting code, programs over the EXPOWEALTH Account or otherwise and any consequent delay or failure in completion of any payment or other instructions as a consequence thereof arising from the use or inability to use the EXPOWEALTH Account.
xii. EXPOWEALTH/its authorized representative and its service provider shall not be liable for any failure to perform any of its obligations or service standards etc if the performance is prevented, hindered or delayed by a Force Majeure Event, which includes any event due to any cause beyond the reasonable control including, without limitation, unavailability of any communication system including Internet, breach or virus in the processes or payment 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, breach of security and encryption codes.
xiii. The Investment Profile of the Client is prepared by EXPOWEALTH and is based on EXPOWEALTH'S understanding of assessing risk and suitability in line with the objectives and requirements of the Client as per the details provided. EXPOWEALTH may use the information provided herein for the purposes of undertaking an internal "risk assessment" of the Client. The series of questions herein may help EXPOWEALTH to appraise the Client's risk profile, particular needs, financial situation, investment objectives and investment in financial instruments. However, please note that the questions are only meant to be a guide to help determine the Client's profile and shall not be considered to be conclusive. You are required to ensure that you have provided accurate and complete information. You are aware, acknowledge and agree that you provide inaccurate and/or incomplete information, and/or choose not to disclose certain information; such action will adversely affect the results of the risk assessment. EXPOWEALTH may provide information in relation to the purchase/sale of financial instruments on the basis of such internal risk assessment. However, this risk assessment is for internal purposes alone and does not in any manner guarantee or represent that the information provided/to be provided to the Client will take into account the individual characteristics of the Client and/or will be suited to the Client's individual tax/legal/financial circumstances or needs. Any suggested investment is based on information provided by the Client and is only one of the many combinations of investments that may be suggested to someone with the Client's risk profile. The information provided by EXPOWEALTH to the Client is not to be construed as investment advice of any type. EXPOWEALTH is not obliged to give any advice or to make recommendations to the Client. Client will not solely rely on the views, representations (whether written or oral or otherwise), recommendations, opinions, reports, analysis, information or other statement made by EXPOWEALTH or any of its agents, directors, officers or employees and that the Client will make the his own assessment and rely on the his own judgment in making any investment decision. In the event that the Client seeks to make an investment pursuant to the information or recommendation provided by EXPOWEALTH, the Client shall do so at its/his/her own risk, and should consider its/his/her financial situation, objectives and needs and consult with its/his/hers legal, business, tax and/or other professional advisors to determine the appropriateness and consequences of such an investment. The Client may, at his/her/its own discretion, opt not to follow the investment / product / recommendations provided by EXPOWEALTH, irrespective of whether they are in line with the objectives / requirements specified in this document or the assessment derived from the details provided herein. EXPOWEALTH and/or any of its subsidiaries/group companies/agents/vendors along with all their Directors/officers/employees and agents shall not be responsible for the amount / value of profit earned / loss incurred by the Client or its variance from the mean / any other ratio used to evaluate the returns from the mutual funds/ market / alternate products / portfolios, that the Client may have earned. Third Party Investment products are not obligations of or guaranteed by EXPOWEALTH or any of its affiliates or subsidiaries, and are subject to investment risks and foreign exchange risks, including the possible loss of the principal amount invested. Past performance is not indicative of future returns and the prices and/or returns may change (go up or down) from time to time. This document does not constitute the distribution of any information or the making of any offer or solicitation by anyone in any jurisdiction in which such distribution or offer is not authorized or to any person to whom it is unlawful to distribute such a document or make such an offer or solicitation. Investment products may not be available in all jurisdictions. The Client shall notify EXPOWEALTH of any material change in its/his/her situation and/or profile and EXPOWEALTH is entitled to rely on the most recent information provided by the Client.
xiv. The Client who subscribe for Expowealth premium/ annual( services hereby understands that he/she needs to pay entire annual advisory fees in advance.
xv. The Client who subscribe for any services on EXPOWEALTH agrees that subscription charges (including taxes etc.) paid are non-refundable including in case of deactivation, unsubscribing the services or in any other circumstances.
xvi. You understand that you can upgrade from existing plan anytime during his subscription period wherein the charges as applicable will be charged on the pro-rata basis. You also understand that you can't downgrade from existing subscribed plan anytime during the subscription period. However, at the time of renewal of the service, you can subscribe to any plan of your choice.
xvii. You understand that the information under the plan shall be provided through online on Expowealth.in, your email id and mobile number registered with EXPOWEALTH. In case of any change in your email id and/or mobile number, you shall inform EXPOWEALTH in advance in the prescribed format to carry out the necessary changes in its records. You confirm that the information/details provided by you is true, accurate, correct and complete.
xviii. You confirm that EXPOWEALTH shall have the right to withdraw the plan at any time without providing any reason whatsoever and without giving any prior notice. You further confirm that in case of withdrawal of the facility by EXPOWEALTH, proportionate refund will be provided for the balance period, if any.
xix. You are aware that in the process of subscribing to the Plan by you, EXPOWEALTH may obtain information including that of a confidential nature and that this information will be used by EXPOWEALTH for its internal purposes or it may share the same with Asset Management Company in whose scheme you have invested if required and will be kept confidential. You understand that EXPOWEALTH reserves the right to disclose personal information where it believes in good faith that such disclosure is required by law.
xx. You understand that EXPOWEALTH charges on a per transaction basis or annual subscription basis.
xxi. You agree to be contacted by EXPOWEALTH and its representatives over phone or on registered email id with reference to the service.
xxii. You agree not to use the information provided under the service to any third party including any discussion Forums or for any unauthorized illegal purpose. You also agree to use the information provided under the plan strictly for personal purpose. You shall not recompile, disassemble, copy, modify, distribute, transmit, display, perform, reproduce, publish or create derivative works from, transfer, or sell any information, services etc accessed under this plan or otherwise. By viewing the contents of this plan, you agree that any unauthorized use shall be unlawful and may subject to civil or criminal penalties.
xxiii. You agree & confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS from EXPOWEALTH. You shall take steps to deregister from the DND list and shall not hold EXPOWEALTH liable for non-receipt of SMS in the interim period.
xxv. You agree to the above Terms & Conditions and hereby authorize EXPOWEALTH to debit your Bank Account linked to your EXPOWEALTH account towards subscription charges (including taxes).
xxvi. You understand that you can close the EXPOWEALTH account or unsubscribe to any services anytime by writing an email on firstname.lastname@example.org. You also understand that any kind of subscription charges paid by you are non refundable.
xxvii. You understand that any risk profiling etc carried out by EXPOWEALTH can be shared with the Expowealth affiliated Registered Investment Advisor for understanding suitability of products for the client
EXPOWEALTH shall make reasonable efforts to keep all the information relating your dealings through EXPOWEALTH Account confidential. Provided however that the EXPOWEALTH shall be entitled to disclose any information or particulars pertaining to you to any authority, statutory or otherwise as may be required by law or third party service provider, Assest Management Company required to effect the transactions requested by you.
14. Governing Law and Jurisdiction
In case of any dispute, either judicial or quasi-judicial the same will be subject to the exclusive jurisdiction of the courts in Mumbai. These terms shall be construed in accordance with the laws prevalent in India and are subject to SEBI guidelines, circulars, press releases or notifications that may be issued by SEBI from time to time or the Government of India, to regulate the activities of RIAs (Registered Investment Advisors).
15. T&C for Online Systematic Investment Plans (SIP) through NACH/ECS mandate
i. You understand and acknowledge that there could be a minimum time gap of at least 30 days from the date of submission of physical mandate, to enable the activation / registration of online SIP facility, subject to the successful validation of the mandate by the Banks. Likewise there shall be a minimum gap of alteast 30 days from the date of receipt of SIP deactivation mandate and last investment made under SIP.
ii. Upon successful registration of mandate, you can start the online SIP facility for making investment in mutual funds a fixed amount of money at a fixed frequency of time based on your convenience and choice.
iii. You grant Authority to EXPOWEALTH/ its authorized payment processing service provider (third party service provider) to debit your registered Bank Account through RBI'S ECS (Electronic Clearing System) mechanism or National Payments Corporation of India's NACH (National Automated Clearing House) to enable the collection of the SIP installments and transferring to the respective AMC‘s bank account. The conditions related to NACH are applicable as and when such a facility is made available.
iv. You agree and acknowledge that in order to enable you to get the NAV on the SIP date (T date) chosen by you, debit of the SIP amount from your Bank Account shall happen few days prior to the SIP date (T). e.g. T-2, T-4 etc., depending upon ECS / NACH debit cycle of your Bank, which could vary from location to location, as per ECS / NACH mechanism. You understand and acknowledge that, EXPOWEALTH/ its third party service provider shall do a backward calculation from T date and depending upon ECS / NACH debit cycle, your account will be debited on T - no. of days, such that on T date (SIP day), the funds reach the respective AMC's Bank account and the transaction data reach the respective registrar of AMC, to enable them to allot units as per NAV on T date.
v. You agree and shall ensure to keep sufficient funds available in your Bank account at least 7 days prior to SIP date (T date). You understand and acknowledge that SIP installment and allotment of units shall be subject to realization of funds. You shall not hold EXPOWEALTH/its third party Service Provider liable, in case the SIP installment process could not be completed due to insufficient funds in your Bank account on any particular ECS / NACH debit cycle date i.e. on T - no. of days. In such case, the SIP installment shall lapse for that T of the month/quarter/half year/year as the case may be.
vi. You agree, understand and acknowledge that in the entire process there would be an interim timelag in debiting the money from your Bank Account and the actual transferring / crediting to the respective AMC's Bank account, as the money after the debited from your Bank Account shall be lying in the ECS / NACH debit cycle and / or third party pool account, before the actual transfer of funds to AMC' s bank account on SIP date.
vii. You can view the units allotted by AMC/registrar on the next day of SIP date (i.e. SIP day + 1 working day).