Customer Terms and Conditions

Last Updated:  16th April, 2021

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE “PLATFORM” (DEFINED BELOW).

 

The online platforms – www.finity.in (“Website”), and the iOS and Android mobile application – “Finity” (“App”) is owned and operated by Finwizard Technology Private Limited, a private limited company incorporated under the Companies Act, 2013 with its registered office at Queens Paradise, 1st Floor, Curve Road Shivajinagar, Bangalore- 560052, Karnataka, India (“Finity”). The App and the Website its sub-domains and other sites/ apps/ other channels maintained by Finity to enable distribution of financial products and services (defined below) shall be collectively referred to hereinafter as the (“Platform”). Finity is a SEBI registered investment advisor with registration number INA200005323.

Finity requests You to carefully go through these terms & conditions (“Terms & Conditions”) to avail the access to the distribution network of Finity through its online technology platform. If You continue to browse and use this Platform, You irrevocably and unconditionally are agreeing to comply with, abide by and be bound by all the obligations as stipulated in the following Terms & Conditions of use, which together with our privacy policy and any other applicable policies which are incorporated herein by way of reference or available by hyperlink on the Platform, shall govern Finity’s relationship with You in relation to this Platform. Accessing the distribution network of Finity on its online technology platform through any medium, web on mobile phones and such other devices, is also subject to the Terms & Conditions. The Terms & Conditions supersede all previous oral and written terms and conditions (if any) communicated to You and shall act as an agreement between Finity and Users.

THE USE OF THIS PLATFORM IS SUBJECT TO THE FOLLOWING TERMS & CONDITIONS:

 

1. DEFINITION

 

  1. “Advisory Services”, shall mean the investment related advice provided by Finity to the Registered Customer with respect to the mutual funds through the Platform.
  2. “AMC” shall mean and include Asset Management Company listed on BSE.
  3. “BSE” shall mean Bombay Stock Exchange.
  4. “Finity” or “us” or “Finity app” or “Finity Wealth” or “we” or “our” shall mean and refer to Finwizard Technology Pvt Ltd. and its affiliates, officers, employees, agents, partners and licensors.
  5. “User”, “You/You”, “Your/Your” means any person, User, Registered User, viewer or Registered Customer who views, browses, accesses or uses our Platform;
  6. “Use” or “Using” means to browse, access, view, copy, availing Services or other benefit from using the Platform;
  7. “Implementation Services” means the service of access to Finity’s online technology Platform for the purchase, SIP, STP, switch and redemptions of units of mutual funds listed on the Finity Platforms by Users, on the Terms & Conditions as mentioned.
  8. “Force Majeure Event” means any event due to any cause beyond the reasonable control of Finity, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
  9. “Platform” means and includes Finity web application, Finity mobile application accessed through or downloaded from the app store i.e. Android or IOS its sub-domains and other sites/ apps/ other channels maintained by Finity to enable distribution of financial products and services, which might be used or accessed at any other platform where the Platform can be accessed from on mobile phones and such other devices, like, mobile application (whether or not on android or IOS) or any other platform as provided by Finity.
  10. “RTA” shall mean Registrar and Transfer Agent.
  11. “Registered User” or “Registered Customer” shall mean and include the Users or customers who have an investment Account with Finity to avail the Services or any part thereof, as provided on the Platform.
  12. “SIP” shall mean Systematic Investment Plans
  13. “STP” shall mean Systematic Transfer Plans
  14. “NAV” shall mean Net Asset Value
  15. “Account” shall mean the account opened with Finity by the Registered Users, for use of the Platform or making investment through the Platform.
  16. “Services” shall refer to the Implementation Services, Advisory Services and any other services provided by Finity to the Registered Customers through the Finity Platform. 

 

2. PLATFORM USE

User acknowledges that in accessing and using the Services offered by Finity, User may utilize the content and Services offered on the Finity Platforms. User hereby agrees to this terms and conditions for the use of such Finity Platform as may be specified on such Finity Platform from time to time. If the User avails Advisory Services provided by Finity, the terms and conditions specifically applicable with respect to the Advisory Services shall also be applicable as per the Investment Advisory Services Agreement available at [here]. Notwithstanding such acceptance of the Finity Platforms terms, User acknowledges and agrees to the following, that:

  1. Finity is a SEBI registered investment advisor and enables Users to purchase units of various direct plans of mutual funds, details of which shall be made available on the Platform, from time to time.
  2. User investment Account will be activated after Finity completes the verification process on the personal information provided at the time of enrollment and in accordance with the Know Your Client (“KYC“) guidelines issued by the Securities and Exchange Board of India (“SEBI”) from time to time.
  3. User shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Finity Platforms, except that which User may download for personal, non‐commercial use.
  4. User will not use Finity’s Platforms for any purpose that is unlawful, or prohibited by the Terms & Conditions. User also agrees that User will not use the Platforms in any manner that could damage, disable or impair the Platforms or interfere with any other person’s use or enjoyment of Finity’s Platforms.
  5. The software and hardware underlying the Platforms as well as other internet related software which is required for accessing the Platform are either the legal property Finity or the respective vendors with whom Finity has engaged. The permission given by Finity to access the Platforms will not convey any proprietary or ownership rights in the above software/ hardware. User agrees that User shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying the Platform or create any derivative product based on the software / hardware.User
  6. Finity is not responsible for the availability of content or other services on third party sites linked from the Finity Platforms. User agrees and is aware that access of hyperlinks to other internet sites are at Users own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Finity in any way. Finity does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third party websites.
  7. Finity reserves the right to change, modify, add, or remove portions of any terms and conditions including this T&C, Investment Advisory Services Agreement, privacy policy and disclaimers displayed on our Platform from time to time (“Terms”) (each, a change and collectively, Changes). The revised Terms with the Changes shall be made available on the Platform. You are requested to regularly visit the Platform to view the most current version of the Terms. While we will endeavour to notify You, it shall be Your responsibility to check the Terms periodically for Changes. The Changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your continued use of the Platform or availing the Services or when a payment transaction is initiated by You through the Platform after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Platform and the Service. For certain changes, Finity may be required under applicable law to give You advance notice, and Finity will comply with such requirements. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the Changes.
  8. An Account may be created offline, without accessing the Finity Platforms. In the event User creates an investment Account offline, User understands and acknowledges that the Terms & Conditions for use of the Finity Platforms will continue to be applicable to User for the use of the Services.
  9. Mere use of the Platform, shall be construed as Your intent to contract with us and shall constitute Your binding obligations, with us.
  10. User understands that it is User’s responsibility to check the Terms & Conditions carefully before accessing, using, or transacting on our Platform.
  11. As long as User complies with the Terms & Conditions, we grant User a personal, non-exclusive, non-transferable, revokable, limited privilege to enter and use the Platform. User acknowledges and understands that use of the Platform shall be at Your own risk and You have the discretion of not using the Platform.
  12. Finity shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the Finity to perform any of its obligations under the Terms & Conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure event continues.
  13. All information, content, materials, products (including, but not limited to text, content, photographs, graphics, video and audio content) on the Finity Platforms is protected by copyright in the favour of Finity under applicable copyright laws and is also protected otherwise under general intellectual property law.
  14. All information submitted by UUser to Finity (except for the information which shall be by virtue of its nature, be deemed to be proprietary information of the User) whether through the Finity Platforms or otherwise shall be deemed to be the property of Finity, and Finity shall be free to use any ideas, concepts, know-how or techniques provided by such Users at the Finity Platforms, in any manner whatsoever.
  15. Not all the products and services offered on Finity’s Platforms are available in all geographic areas and User may not be eligible for all the products or services offered by Finity on the Platforms. Finity reserves the right to determine the availability and eligibility for any product or service.

 

3. AVAILING OF SERVICES

  1. Service(s) shall be availed in accordance with the Terms & Conditions mentioned herein. User agrees that Finity and / or the mutual fund may at its sole discretion vary the Terms & Conditions or withdraw any of the facilities provided herein from time to time.
  2. User hereby irrevocably and unconditionally grants no objection to Finity and the respective mutual funds / RTAs to collate the transaction details relating to the investments in mutual fund units done by User on the online technology platform of Finity and provide such transaction data to Finity for further processing of User transactions.
  1. REGISTRATION OF THE USER
  2. Access to Finity’s Services will be granted by Finity only to Registered Customers of Finity, post the enrollment for the Services. User agrees and acknowledges that the Services provided herein are presently available in respect of select mutual funds only with whom Finity has entered into a separate arrangement. User shall provide the required details and the documents for the purpose of the registration and enrollment  on the Platform: 

o Name

o A valid email address has to be provided and a password has to be created;

o PAN card details and a copy of the PAN card;

o Bank account details and a cancelled cheque leaf;

o Address proof;

o Photograph;

o Signature;

o or any such prescribed by Finity or by regulation for sending / sharing it to any Asset Management Companies (AMC) or RTA (Registrar and Transfer Agent) or KYC authority (UIDAI, KRA, CERSAI, or others)

  1. The above provided information/details shall be uploaded by the User in soft copy form on the Platform at the time of enrollment. Upon due verification of the documents and details, they shall be provided to the concerned regulatory authority/mutual fund company for the purpose of opening an Account with Finity for the transaction to be made by the Users.
  2. During the registration process, the User will be prompted to sign on the mobile screen. Finity app will capture the signature of the customer and will utilize it only for the purpose of completing the registration formalities – namely, KYC form, Finity Account opening form and BSE account opening form. The signature does not allow Finity to undertake any transactions other than those specified here.
  3. Kindly Note: In the event, if any discrepancy is found, in any of the information provided by the User, for example, information in any of the documents provided does not match with the adjoining documents, such mismatch shall lead to the rejection of the documents. The privacy of the documents provided or any such personally identifiable information provided to Finity, shall be maintained in accordance to the privacy policy of the Platform.
  4. User agrees that any and / or all information that may be provided by You to Finity from time to time, including but not limited to contact information, address and tax related information or any other information required under existing or future KYC or other norms and laws, may be shared by Finity with the regulatory authorities/mutual funds/BSE/AMCs or their respective authorized service providers, auditors, legal and tax consultants in compliance with extant legal provisions from time to time.
  5. There may be an exit load applicable to certain mutual fund schemes which is mentioned in the respective offer documents including Scheme Information Document (SID) /Key Information Memorandum (KIM) and addendums issued thereto from time to time (collectively referred to as “Scheme Related Documents”). User shall read all the Scheme Related Documents before making any transaction on Finity.
  6. Investments from persons from any country other than India may not be permitted in certain mutual funds. Finity/ BSE/their respective trustee companies shall not be liable for rejection of an application by mutual funds, where the investor is a person from a country other than India or such other prohibited investor as may be specified in the respective Scheme Related Documents from time to time.
  7. Purchase requests made through Finitys’ Platform shall be processed by the respective mutual funds only after funds sufficient to cover the purchase price and other costs and charges have been received by the respective mutual funds. Payments towards the purchase price and other costs and charges shall be made by the Registered Customers through NEFT or the payment gateway or other electronic means made available by Finity on the Platform. If for any reason the mutual fund is unable to allow a transaction for purchase or redemption of the full quantity of units such as transacted by a Registered Customer through the online technology platform of Finity, the respective mutual fund shall be entitled to process a lesser quantity of units being purchased or redeemed (as the case may be) by such Registered Customer. In such a case, Finity shall be not responsible for the non-execution of transactions for the entire quantity or the remaining quantity of units.
  8. Transaction rights for SIPs and STPs will be pursuant to the Registered Customer executing the instructions, in the manner and form as prescribed by Finity and / or mutual funds on the Platform from time to time. The instructions will be applicable to all SIP, STP transactions whether presently existing or to be opened in future. User agrees that, upon granting such instructions for SIP, STP transactions, User will be bound by the terms of the relevant SIP and STP scheme of the mutual fund to which User subscribes.
  9. User agrees and acknowledges that any transaction done or purported to be done by User on a business day would be processed on the next business day. The User will be allotted mutual fund units by the respective AMC based on the NAV applicable of that business day. This will be applicable to switch and redemption transactions also.
  10. While Finity shall make every effort to ensure adherence to the above timelines, Finity shall in no way be responsible or held liable for any delay thereof, including for loss of interest and / or opportunity loss and / or any loss arising due to movement in NAV or any other losses, liabilities, damages, costs, charges, expenses which the investor(s) may sustain, incur or suffer or be put to or become liable or incur directly or indirectly by reason or as a consequence of any delay thereof.
  11. User acknowledges that the units of the scheme shall be allotted, redeemed or switched, as the case may be, by the respective mutual funds at the applicable NAV of the concerned mutual fund scheme as provided by mutual funds and consistent with the terms of the Scheme Related Documents. However, Finity shall not be liable for any loss that may arise to User as a result of incorrect NAV applied on units allotted to User by the mutual fund.
  12. User acknowledges that any transactions done on a holiday would be processed on the next business day and the NAV would be applicable as per the respective Scheme Related Documents.
  13. User acknowledges that transactions once placed cannot be cancelled. However, User can withdraw money by redeeming the mutual fund units. Upon such withdrawal, the settlement amount towards the mutual fund or the units of mutual fund shall be credited to the registered Account of the User within 3-4 bank working days. An exit load might be applicable to certain mutual fund schemes which is mentioned in the respective offer documents including Scheme Information Document (SID) /Key Information Memorandum (KIM) and addendums issued thereto from time to time (collectively referred to as “Scheme Related Documents”). User shall read all the Scheme Related Documents before making any transaction on Finity 
  14. User acknowledges that any directions pertaining to all transactions including withdrawal, STP and switch transactions provided by the User from its Account shall be deemed to be considered as the bona-fide order placed by the User.
  15.  User have read and understood the contents of the Scheme Related Documents and the details of the scheme and they have not received or been induced by any rebate or gifts, directly or indirectly, in making any investment. User hereby declares that the amount invested/to be invested by their investment in the direct scheme(s) of mutual fund (s) is derived through legitimate sources and is not held or designed for the purpose of contravention of any act, rules, regulations or any statute or legislation or any other applicable laws or any notifications, directions issued by any governmental or statutory authority from time to time.

 

5. LEGAL OBLIGATION

  1. Users are required to register for an investment Account and have to provide information and data (“Personal Information”) classified as ‘Sensitive Personal Information’ under Regulation 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”).
  2. Finity is bound by and complies with the Information Technology Act, 2000, and rules and regulations made thereunder. In accordance with the Section 43A of Information Technology Act, 2000, Finity is obliged to maintain reasonable security procedures to safeguard the User data received or provided by the User.
  3. Personal Information provided by the User belongs to the User. In the event, User wants to access or update any earlier provided information, User can change through entering the Platform with its login credentials and make changes as required. Some of the changes made or proposed by the User may require User to provide documentary evidence. In any event, upon Your written request, Finity has a legal obligation and will provide every Registered User of the Platform and Services with a readable copy of the personal data that we keep about You. As an added security measure and regulatory requirements, we may require additional proof of identity prior to such disclosure.
  4. You have right(s) not to provide any Personal Information on the Platform  or any third-party website(s). It is not mandatory to provide Your Personal Information, however, we will be able to provide You the Services only when You disclose certain Personal Information, as requested in the process. If You intend to use the Services, it is solely at Your own volition, risk and after reading, confirming and in conjunction with the Terms & Conditions, privacy policy, and any other policies as provided on the Platform.
  5. If the User wants to withdraw its consent given earlier for providing Personal Information, the User shall send in request for such withdrawal to Finity in writing. In the event of such withdrawal request, Finity shall have the option to not provide the Services.
  6. In accordance with Regulation 4 of the SPDI Rules, Finity is obliged to provide every Registered User of the Platform with a readable copy of the information that it keeps about You. If the User would like to have a copy of the same, User can reach out to Finity at ask@finity.in

 

6. LINK TO THIRD PARTY

Finity may provide You links to third party services (“Third Party Services”). You agree to use the Third Party Services at Your sole risk and that we shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. User understands that certain Third Party Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Third Party Services, You acknowledge and agree that Finity is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Finity DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.

7. NO OBEJECTION FROM THE USER(S)

User acknowledges and grants no objection to Finity to do or place transaction requests for the User on the online technology platform of Finity and at Users own risk and cost, all or any of the following acts, deeds matters and things:

  1. To forward User transaction data and requests to the respective mutual funds/BSE with respect to the instructions and orders of sale, purchase, transfer, splitting and consolidation of mutual fund units.
  2. To transmit to the mutual fund and/or the BSE, information relating to User nomination/changes in investment plan/ any other changes made through the online platform.
  3. To obtain and forward to the BSE/AMC, its authorized registrar User’s information as available in the KYC records, including User signature(s). User agrees that such records may be used by the BSE/AMC/authorised registrar for authorizing the transactions that may be submitted by User in physical/offline mode.
  4. To contact User regarding matters pertaining to the operation of User Account including, but not limited to, servicing of Users requests, communication of special offers, new product launches and product recommendations. This consent will override any registration for Do Not Call (“DNC”) / National Do Not Call (“NDNC”)
  5. Holding pattern and Customer details
  6. User acknowledges and agrees that the Finity holding pattern of the Registered Customer, as reflected in the Finity system, is deemed to be the Finity Account holding pattern of the account holder/investor(s).
  7. User also agrees there will be no changes allowed in the holding pattern of the investors associated with the Account once the Account is activated.
  8. User agrees that once an investment is made using the holding pattern, User will not be allowed to change the holding pattern for the subscriptions.
  9. The other requisite data (which is not part of the form) required to be reported to BSE / authorized registrar of the AMC will be extracted from Finity Account details maintained for the first holder. The mode of holding in all customer joint accounts is treated as “Anyone or Survivor”.

 

8. ACCOUNT STATEMENT

User agrees and acknowledges that it shall be the obligation of the AMC and not of Finity to regularly send to the Registered Customer such communications as required under the SEBI regulations.

 

9. INDEMNITY

You agree to indemnify, save, and hold Finity / the AMC / Mutual Fund, their affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Services / Platform; (ii) any violation by You of this Terms & Conditons or applicable laws; or (iii) any breach of the representations, warranties, and covenants made by You herein; or (iv) any act, neglect, misconduct or fraud on your part; or (v) sharing and or disclosing the information disclosed hereunder. Finity reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Finity, including rights to settle, and you agree to cooperate with Finity’s defense and settlement of these claims. Finity will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement

While currently, the Services offered by Finity are free of any charges, user acknowledges that Finity reserves the right to charge fees in the future for the Services or any other services offered by Finity. Any such change will be communicated on the pricing page of the app and website ahead of implementation, and will be displayed on the Finity Websites

 

10. LIABILITY OF FINITY:

  1. Finity shall not in the absence of gross negligence on the part of Finity, be liable to User for any act, omission or delay by the mutual fund or for any claims which User may suffer or incur as a result of or in course or discharge by Finity or its employees, officers, directors, nominee or agent of Finitys duties.
  2. Without prejudice to the above, Finity shall not be held liable for any loss or damage or failure to comply or delay in complying with its obligations under the Terms & Conditions which is caused directly or indirectly by any event or circumstances beyond Finity’s reasonable control. These include system failure, network errors, delay or loss of data due to the above and in circumstances of acts of God, floods, epidemics, quarantine, riot, civil commotion and/or war. User further agrees that Finity shall not be held liable for any losses, damages, expenses, costs, liabilities and claims of whatsoever nature caused by fraudulent or unauthorized use or access of User information, and/or signatures. Finity will be under no duty to verify compliance with any restrictions on Users’ investment powers.
  3. Finity will not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of any defects or imperfections or mechanical or other failure with relation to computer, cable, telex, telephone or postal system.
  4. While Finity will make every effort to have its computer systems available at all times, Finity makes no guarantees with respect to the availability of such systems. Finity will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, Finity will as such not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of lack of such availability.
  5. Finity shall not be liable for any loss or damage caused by reason of failures or delay of the mutual fund to deliver any units purchased even though payments have been made for the same, or failure or delay in making payment in respect of any units sold, though they may have been delivered and User shall hold Finity harmless and free from any claim in respect thereof. Finity shall also not be liable for any delay, failure or refusal of the mutual fund in registering or transferring units to User names or for any interest, dividend or other loss caused to User arising therefrom.
  6. In instances of third party claims, Finity shall not be liable for any failure/delay, wherein such claims/losses are arising due to a reason entirely attributable to an error or gross negligence of the mutual funds/BSE/AMC.

 

11. DISCLAIMER

  1. To the fullest extent permissible pursuant to applicable law, Finity and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Finity or through the Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Finity” includes Finity’s officers, directors, employees, authorized personnel’s, affiliates and subsidiaries. You expressly agree that use of the Implementation Services and the Advisory Services on the Platform is at Your sole risk.
  2. All information provided through the Platform is provided on an “AS IS” best effort basis. You expressly agree that use of the Platform is at Your sole risk. The Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the Platform are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Finity and any third party suppliers, affiliates, subsidiaries, licensors, employees, and partners do not warrant that the data, software, functions, or any other information offered on or through the app will be uninterrupted or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
  3. Finity and any third party suppliers, licensors, affiliates, subsidiaries and partners do not warrant or make any representations regarding the use or the results of the use of the Platform in terms of correctness, accuracy, reliability, or otherwise.
  4. You understand and agree that if You use, access, download, or otherwise obtain information, materials, or data through the Platform, the same shall be at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and / or other device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on Our behalf and You should not rely on any such statement. This paragraph shall survive termination of this agreement/engagement. In no event will Finity be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Platform.
  5. You will not solely rely on the views, representations (whether written or oral or otherwise), recommendations, opinions, reports, analysis, information or other statement made by Finity or any of its agents, directors, officers or employees and authorized personnel’s. In the event that You seek to make an investment pursuant to the information or recommendation provided by Finity, You shall do so at Your own risk, and should consider Your financial situation, objectives and needs and consult with Your legal, business, tax and / or other professional advisors to determine the appropriateness and consequences of such an investment. You agree that all the final decisions will be Yours and Finity will not have any liability for consequences of such decisions.

 

12. ONLINE PAYMENT – PAYMENT GATEWAY TERMS

The funds transfer for purchase of units of mutual funds will be done by using an electronic payment gateway facility (“Electronic Payment Gateway”), ONLY internet banking facility shall be offered for transaction on the Platform, through a third party net banking service provider registered with the Reserve Bank of India. User cannot use or permit the use of the Electronic Payment Gateway or any related services for any illegal or improper purposes.

Users shall utilize the Electronic Payment Gateway at their own risk. These risks would include but not be limited to the following risks and Finity disclaims all liability and responsibility for any claims, losses, damages, costs of whatsoever nature arising due to such risks:

  1. Misuse of Password: If any third party obtains access to User password of the investment Account, such third party would be able to transact on Finity’s online technology platform. User shall ensure that the terms and conditions applicable to the use of the net banking password as contained in the Electronic Payment Gateway for net banking are complied with at all times.
  2. Internet Frauds: The internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect payment instructions given using Electronic Payment Gateway or the transactions done using Finity’s online technology platform. Whilst Finity shall aim to provide security to prevent the same, there cannot be any guarantee against such internet frauds, hacking and other actions. User shall separately evolve/evaluate all risks arising out of the same.
  3. Mistakes and Errors: The filling in of applicable data for transfer would require proper, accurate and complete details. In the event of User Account receiving an incorrect credit by reason of a mistake committed by any third party, the concerned mutual fund/AMC or the bank shall be entitled to reverse the incorrect credit at any time whatsoever without the consent of the User. User shall be liable and responsible to accept any such instructions received from the AMC, without questions for any unfair or unjust gain obtained by Finity as a result of the same.
  4. Technology Risks: The technology for enabling the transfer of funds and the other services offered by the Electronic Payment and Finity could be affected by virus or other malicious, destructive or corrupting code, program or macro. The site of Finity or the bank may require maintenance and during such time it may not be possible to process the User request. This could result in delays in the processing of transactions/payment instructions or failure in the processing of transactions/payment instructions and other such failures and inability. User understands that Finity disclaims and all liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by bank/mutual funds/AMCs to process any transaction/payment instructions for whatsoever reason. Finity shall not be responsible for any of the aforesaid risks.
  5. Limits: Finity may from time to time impose maximum and minimum limits on funds that may be transferred by virtue of the payment transfer service given. User realizes, accepts and agrees that the same is to reduce the risks of the User. User shall be bound by such limits imposed and shall strictly comply with them.
  6. Indemnity: User shall indemnify Finity from and against all losses and damages that may be caused as a consequence of breach of any of the Electronic Payment Gateway for net banking and the Terms & Conditions mentioned herein above.
  7. Authentication of the Transaction: Users are authorized to make transaction only with and from the bank account(s) registered on the Platform. Banks have all the right to cancel, reject and/or unauthorize the transaction made by the User, from any other account, details of which is not registered or provided to Finity. Such payment which is rejected by the banks shall be notified or intimated to the User, in the morning of the next business day.
  8. Transaction Verification: The transaction made by the User, whether approved or rejected, using the Platform shall be subject to the following level of verifications: 

o Finity: Transaction will be rejected in case the bank account though which the payment is made, is not registered with Finity;

o BSE: Transaction made from the bank account which is different from the account details provided by Finity to BSE.

o AMC: Finally, rejection could be made by the AMC, upon receiving the transaction details.

  1. Withdrawal of Facility: Finity shall be entitled to withdraw this Service at any time without assigning any reason whatsoever.
  2. Binding nature of above terms & conditions: By use of this facility, User shall be deemed to have agreed to all the above terms & conditions and such terms & conditions shall bind the User in the same manner as if the User has agreed to the same in writing.

 

13. FUNCTION OF Finity

Any information contained in Finity brochures or other materials or otherwise communicated by Finity shall not be construed as investment advice and that all decisions to purchase or sell units made by User shall be on the basis of personal judgment arrived at after due consideration. Finity does not in any manner:

  • Guarantee payments on any units; or
  • Guarantee liquidity of any units; or
  • Make any offer to buy back any units; or
  • Guarantees the redemption or repayment of any units on maturity; or
  • Guarantees the payments of interest or dividend; or
  • Promise, indicate or guarantee any returns; or
  • Guarantee any good delivery.
  • subscribe to units of mutual funds on behalf or in name of User or collects payments from User for the units so purchased by User for remitting it further to the AMCs; or
  • receive any account statement from mutual funds/AMCs, on behalf of or in the Users name pertaining to the units; or
  • redeem /sell the units held by User or on its behalf or in its name; or
  • unilaterally instruct the mutual fund and/or the corresponding AMCs with regards to nomination/changes in investments plan/any other changes; or
  • sign any document on behalf of or in the name of User for purchase, sale or redemption of units; or
  • collect, receive and / or give receipts and discharges for any sum including dividend, interest or income arising from the units and does not sign and/or endorse dividend and interest warrants on my/our behalf or in my/our name; or
  • Correspond with or gives notice to the mutual fund/AMCs on behalf of or in the name of User, except for transmission of transactions done or purported to be done by User on the online technology platform.
  • Finity does not make any promises to the User basis the graphical representation provided on the Platform. The data collected from the User to calculate the prospective investments amount and is in relation to the past investment history of the User and shall not be construed as an authoritative advice to the User. Finity does not offer any advice and nothing herein or on the Finity Platform shall be construed as investment advice by User.
  • Any sum invested through Finity investment account is not a deposit with Finity and is not bank insured. The same is not endorsed or guaranteed and does not constitute obligations of Finity or any of the subsidiaries associates or affiliates companies whose role is only as described in the Terms & Conditions. Investments in mutual funds are subject to market risks, including the possible loss of principal amount invested. The value of the units purchased or not purchased will fluctuate. If User redeems the units/shares purchased, User may receive more or less than User has/had paid depending upon NAV of the units in the fund or trust at the time of redemption. Past results are not a guarantee to future performance. Past performance may or may not be sustained in the future.

 

14. NOTICES/CORRESPONDENCE

Finity may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Platform or by any other reasonable means. 

Paytm Money shall send out all notices, information and other correspondence to you by email / SMS at the email address / telephone number provided by the User. In the event any notice, information or other correspondence is sent to You via letter, such letter will be sent to the postal address that you have given as your Communication address. In case of any change in your email id and / or mobile number / Correspondence address, you shall inform Finity in advance in the prescribed format to carry out the necessary changes in its records.

Finity does not guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. Finity will not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an email being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond our reasonable control. All correspondence will be in English.

You agree to be contacted by Finity and its representatives over phone or on registered email id with reference to the Services. You agrees & confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS from Finity. You agree to take steps to deregister from the DND list and shall not hold Finity liable for non-receipt of SMS in the interim period.

If according to User there is any discrepancy in the particular or details of transaction or account of statement then, it shall be the responsibility of the User to intimate the same to Finity and to the concerned mutual fund/AMC/authorised registrar of the AMC in writing within 7 (seven) working days of receiving notice thereof, falling which such transaction, statement or account (as the case may be) shall be deemed to be correct and accepted by User and Users shall not be entitled to question the correctness or accuracy thereof.

 

15. USER INFORMATION

User shall provide any and all information that may be required by Finity/AMC/authorised service providers of the AMC from time to time in compliance with existing legal norms and regulations, including but not limited to contact information, address and tax related information and any information required under existing or future KYC norms and laws. User agrees that Finity/AMC/authorized service providers of the AMC may take steps to verify the veracity of such information provided and shall cooperate with Finity/AMC/authorized service providers of AMC in providing all information requested by Finity. User acknowledges that failure to provide such information in a timely manner may result in ineligibility to avail of some or all of the services of Finity and that Finity shall in no way be held liable for any losses of whatsoever nature resulting from such failure to provide information on part of the User. Any information provided by the User may be required to be shared with relevant regulatory/statutory authorities and User authorises Finity to provide all information to such regulatory / statutory authorities as and when required.

The information shall be provided by the User and shall be governed in accordance with details provided in the privacy policy.

 

16. TERMINATION OF THE SERVICES

Finity may terminate the Services by giving 30 (thirty) days prior notice in writing to the Registered Customer provided that the Registered Customer shall not be relieved of obligations hereunder notwithstanding such termination occurs prior to the date on which such termination shall become effective.

 

17. REGULATORY CAUTION

Mutual fund investments are subject to market risks. Please read the scheme information and other related documents carefully before investing. Past performance is not indicative of future returns. Please consider Your specific investment requirements before choosing a fund, or designing a portfolio that suits Your needs.

 

18. GOVERNING LAW AND DISPUTE RESOLUTION

  • All disputes and differences arising out of, under or in connection with the Terms & Conditions or anything done hereunder shall be within the exclusive jurisdiction of the courts at Bangalore. The Terms & Conditions are subject to and shall be construed in accordance with the laws prevalent in India.
  • In the event of dispute between the User and Finity on accuracy of transaction details provided by the User on the Finity Platform, the transaction logs maintained by Finity back office will be the only source of data to verify the accuracy of such transactions.

 

19. GOLD SERVICES. 

Finity provides a technology platform to MMTC – PAMP (“MMTC“) to offer Gold for sale, delivery and repurchase and other related services by MMTC to the Customers. Finity may provide You access to the Gold Services and is such event Your access and use of the Platform to purchase of gold digitally shall be governed by the Digital Gold Terms and Conditions available at: here .

 

20. NATIONAL PENSION SCHEME: 

Finity may provide You access to the national pension scheme product and is such event, Your access and use of the Platform to avail National Pension Scheme product shall be governed by the National Pension Scheme Terms and Conditions available at: here and the Grievance Redressal Policy available at: here (“Pension Service(s)”).

 

21. CONTACTING US

For time-bound and speedy redressal of any discrepancies and grievances in relation to Personal Information provided, please feel free to reach out to our Compliance Officer at grievance@finity.in

 

22. COMMISSION

Finity is a direct plan platform and it only sells direct plans of mutual funds. It doesn’t earns any commission from any Asset Management Companies.

IF USER DO NOT ACCEPT AND ABIDE BY THIS TERMS, USER MUST NOT USE THE PLATFORM.