Effective date: 15 December 2015
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under 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 and Conditions for access or usage of www.orowealth.com website or its iOS and android applications.
The domain name ‘www.orowealth.com’ (hereinafter referred to as "Website" or "the Site") is owned and operated by Alpha Fintech Private Limited and its subsidiaries ("Company", "Oro", "we", "us", "Orowealth", "ORO Wealth") , a company incorporated under the Companies Act, 2013. Your access to the Site is subject to the terms, conditions and disclaimers appearing on the Site ("Terms and Conditions"), and all applicable laws. By accessing, browsing and/or using the Site, you accept, without limitation or qualification, the Terms and Conditions, 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 Site, shall govern Oro’s relationship with you in relation to this Site. Accessing Oro on its online technology platform through any medium, including but not limited to the website, on mobile phones and such other devices, is also subject to these Terms & Conditions. These Terms & Conditions supersede all previous oral and written terms and conditions (if any) communicated to you and shall act as an Agreement between Oro and users.
Minimum Age: You must be 18 years of age or older to use the Site. It is not intended for those under the age of 18. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the contract created by the Terms and Conditions.
Terms and Conditions Cover All Users: By using the Site, you agree to be bound by the Terms and Conditions, whether you are a "visitor" (which means that you simply browse the Site) or you are a "registered user" (which means that you have an Investment Account with the Site to avail the Services or any part thereof, as provided on the Site). Each time you use the Site, the current version of the Terms and Conditions will apply. Accordingly, when you use the Site, you should check and review any changes since the last version. Please review carefully all of the Site's Terms and Conditions before agreeing to them and accessing the Site by reading through all of the sections appearing below and reviewing all of the linked Terms and Conditions:
Definitions
- "AMC" shall mean and include Asset Management Company.
- "Oro" or "us" or "we" or "our" or "Orowealth" or "Company" shall mean and refer to Alpha Fintech Pvt Limited. and its subsidiaries
- "User/user", "You/you", "Your/your" means any person or visitor or registered user who views, browses, accesses or uses the Site.
- "Use" or "Using" means to browse, access, view, copy, availing Services or other benefit from using the Site;
- "Services" means the service of access to the distribution network of Oro through its online technology platform for the purchase, switch and redemptions of units of mutual funds listed on the Oro Website by users, on the terms and conditions as mentioned.
- "Force Majeure Event" means any event due to any cause beyond the reasonable control of Oro, 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.
- "The Site" or "Website" or "Oro Website" means www.orowealth.com which includes, any other platform where the Site 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 Oro.
- "Registered User/Registered user/ registered user" shall mean and include the visitors who have Investment Account with the Site to avail the Services or any part thereof, as provided on the Site.
- "SIP" shall mean Systematic Investment Plans.
- "NAV" shall mean Net Asset Value.
- "Account" shall mean the account opened with Oro by registered users, for use of the Site or making investment through the Site.
- "Vendors" shall mean all third-party service providers employed by either Oro or AMCs to deliver Services to users. Such vendors include, but are not limited to payment gateway provider, web-based transactions aggregator etc.
Website Use
User acknowledges that in accessing and using the Services offered by Oro, user may utilize the content and Services offered on the Oro website. User agrees to follow the terms and conditions for the use of Oro website as may be specified on the Site from time to time. Notwithstanding such acceptance of the Oro website Terms, user acknowledges and agrees to the following, that:
- Oro is a SEBI registered investment advisor (INA000005549 and INA000010089)
- User Investment Account will be activated after Oro completes the verification process on the personal information provided at the time of enrolment and in accordance with the.
- Know Your Client ("KYC") guidelines issued by the Securities and Exchange Board of India ("SEBI").
- Common Account Number ("CAN") requirements as prescribed by AMCs and/or their vendors.
- User shall not to 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 Site, except that which user may download for personal, non‐commercial use.
- User will not use the Site for any purpose that is unlawful, or prohibited by these Terms. User also agree that user will not use the Site in any manner that could damage, disable or impair the Site or interfere with any other person’s use or enjoyment of Oro website.
- The software and hardware underlying the Site as well as other internet related software which are required for accessing the Site are the legal property of the respective vendors. The permission given by Oro to access the Websites will not convey any proprietary or ownership rights in the above software/ hardware. User agree that User shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying the Site or create any derivative product based on the software / hardware.
- The data and information provided on the Site does not constitute advice and shall not be relied upon by the user while making investment decisions.
- Oro does not, and is not obliged to, offer all mutual fund schemes for investment. By limiting the number of schemes on the Site, Oro does not make any representation as to the quality, bona fides or nature of any AMC or mutual fund scheme, or any other representation, warranty or guaranty, express or implied.
- User agrees that the information and assistance provided on the Oro website are true to the knowledge of Oro and should not be construed as investment advice, and that Oro shall have no liability for any discrepancy in any such information or assistance.
- Oro is not responsible for the availability of content or other services on third party sites linked from the Oro website. User agrees and is aware that access of hyperlinks to other internet sites are at user’s own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Oro in any way. Oro 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.
- Oro has the absolute discretion to amend or supplement any of the Oro website Terms at any time without prior notice for such changes. Any such amendment shall be effective immediately. It shall be User’s responsibility to review these Terms and Conditions periodically for any updates/changes.
- An account may be created offline, without accessing the Oro website. In the event User creates an investment account offline, user understands and acknowledges that these Terms and Conditions for use of the Oro website will continue to be applicable to user for the use of the Services.
- Mere use of the Website, shall be construed as your intent to contract with us and shall constitute your binding obligations, with us.
- User understands that it is user’s responsibility to check the Oro website Terms carefully before accessing or using or transacting on our website.
- As long as User complies with these Terms and Conditions, we grant user a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. User acknowledges and understands that use of the Site shall be at your own risk and has the discretion of not using the Site.
- Oro shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the Oro to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure event continues.
- All information, content, materials, products (including, but not limited to text, content, photographs, graphics, video and audio content) on the Oro website is protected by copyright in the favour of Oro under applicable copyright laws and is also protected otherwise under general intellectual property law.
- All information submitted by user to Oro whether through the Oro website or otherwise shall be deemed to be the property of Oro, and Oro shall be free to use any ideas, concepts, know‐how or techniques provided by such users at the Oro website, in any manner whatsoever.
- Not all the products and services offered on Oro’s website are available in all geographic areas and user may not be eligible for all the products or services offered by Oro on the Site. Oro reserves the right to determine the availability and eligibility for any product or service.
Availing of Services
Service(s) shall be availed in accordance with the Terms and Conditions mentioned herein. User agree that Oro and / or the mutual fund and/or the vendors may at their sole discretion vary the terms and conditions or withdraw any of the facilities provided herein from time to time. User hereby irrevocably and unconditionally grants no objection to Oro and the respective mutual funds and their vendors to collate the transaction details relating to the investments in mutual fund units done by user on the online technology platform of Oro and transmit such transaction data to the concerned AMC / mutual fund or vendors for further processing of user transactions.
Registration of the User
Access to the distribution network of Oro for the transactions of purchase, switch and redemption of mutual fund units will be granted by Oro only to registered users of Oro, post the enrolment for the Services. User agrees and acknowledges that the Services provided herein are presently available in respect of select Mutual Funds only with whom or with whose vendors Oro has entered into a separate arrangement. Registered users will be able to only purchase, redeem and switch mutual fund units through this service.
User shall provide the required details and the documents for the purpose of the registration and enrolment:
- For the purpose of registering on the Site:
- Name, Email address and Mobile number to be provided.
- Password to be created.
- Third party account credentials in case the user decides to sign in to Services through a third party site or service.
- In case the user is not compliant with SEBI Know Your Client ("KYC") guidelines and/or does not have a Common Account Number ("CAN") then, either some or all of the following details and documents may be required for the purpose of enrolment and using the Services of Oro:
- Pan Card details
- Address Proof
- Bank Account Details
- Bank Account proof
- KYC proof
The above provided information/details shall be uploaded by the User in soft copy form on the Website at the time of enrolment. Once the information is received by Oro, Oro shall co-ordinate with the User, for obtaining self-attested hard copies from the registered users. Upon completion of the attestation requirements, the documents shall be provided to the concerned regulatory authority/AMCs or their vendors for the purpose of opening an account for the transaction to be made by the users.
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 provide 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 Oro, shall be maintained in accordance to the privacy policy of the website.
User 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 request is sent to the AMC / Mutual Funds or their vendors for signature verification and other formalities. User agree that any and / or all information that may be provided by you to Oro 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, CAN or other norms and laws, may be shared by Oro with the mutual funds/AMCs or their vendors, legal and tax consultants in compliance with the extant legal provisions from time to time.
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 investing.
Investments from persons from the country other than India may not be permitted in certain mutual funds. Oro/ AMCs/ their vendors/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.
Purchase requests made through Oro’s online technology platform shall be processed by the respective mutual funds/AMCs only after funds sufficient to cover the purchase price and other costs and charges have been received by the respective mutual funds/AMCs. Payments towards the purchase price and other costs and charges shall be made by the registered users directly in the name of the respective mutual fund scheme(s) through the payment gateway made available by Oro and/or vendors. 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 user through the online technology platform of Oro, the respective mutual fund/AMCs shall be entitled to process a lesser quantity of units being purchased or redeemed (as the case may be) by such registered user. In such a case, neither Oro nor the AMCs, their respective trustees shall be responsible for the non‐execution of transactions for the entire quantity or the remaining quantity of units.
Transaction rights for SIPs will be pursuant to the registered user executing the instructions, in the manner and form as prescribed by Oro and/or vendors and / or mutual funds on the online technology platform from time to time. The instructions will be applicable to all SIP transactions whether presently existing or to be opened in future. User agrees that, upon granting such instructions for SIP transactions, user will be bound by the terms of the relevant SIP scheme of the mutual fund to which user subscribes.
User agrees and acknowledges that any transaction done or purported to be done by user before the cut off times on a business day as may be intimated by Oro to user from time to time, would be processed on the same day. Any transactions done on the online technology platform of Oro after the prescribed cut off time will be deemed to be received on the next working day and will be processed accordingly.
User acknowledges that the units of the scheme shall be allotted, redeemed or switched, as the case may be, by the respective mutual funds / AMCs at the applicable NAV of the concerned mutual fund scheme as specified by Oro and consistent with the terms of the Scheme. However, Oro 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.
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.
User acknowledges that transactions once placed cannot be cancelled. However, user can withdraw the mutual funds or the mutual fund units, under the following two options:
- User can decide which mutual fund or the number of units of Mutual fund to be sold;
- User can sell the mutual fund or the units of Mutual fund by himself;
Upon such withdrawal of the mutual fund or the units of Mutual fund, the settlement amount towards the mutual fund or the units of Mutual fund shall be credited to the registered account of the user within 2-3 bank working days as per industry standard timelines.
User acknowledges that any application for redemption, purchase or exchange or any other instruction must be correct, complete, clear and unambiguous in all respects and should conform to the prescribed procedure/documentation and regulatory requirements, failing which, Oro /AMC/vendor reserve the right to reject the same and in such a case Oro/AMC/vendor/trustee shall not be responsible for any consequence arising there from.
User has read and understood the contents of the Scheme related Document and the details of the scheme and you have not received or been induced by any rebate or gifts, directly or indirectly, in making investment. User hereby declares that the amount invested/to be invested by you in the 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.
- For the purpose of registering on the Site:
Link to Third Party
Oro may provide you links to third party services ("Third Party Services"). You agree to use the 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 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 Oro 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. ORO 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.
No Objection from the User(s)
User acknowledges and grants no objection to Oro to do or place transaction requests for the User on the online technology platform of Oro and at user’s own risk and cost, all or any of the following acts, deeds matters and things:
- To forward user transaction data and requests to the respective mutual funds/AMCs/vendors with respect to the instructions and orders of sale, purchase, transfer, splitting and consolidation of mutual funds units.
- To transmit to the mutual fund and/or the corresponding AMC and/or their vendors, information relating to user nomination/changes in investment plan/ any other changes made through the online platform.
- To obtain and forward to the 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 AMC/Authorised Registrar for authorizing the transactions that may be submitted by user in physical/offline mode.
- 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").
- To obtain user's information as available in KYC records including user's signature to provide various services for user's benefit.
Account Statement
User agrees and acknowledges that it shall be the obligation of the AMC and not of Oro to regularly send to the Registered Customer such communications as required under the SEBI Regulations.
Fees and Charges
While currently, Oro charges a fee for the offered Services, user acknowledges that Oro reserves the right to charge a different fees in the future for the Services or any other services offered by Oro. Any such changes will be communicated by Oro via email 30 days ahead of implementation, and will be displayed on the Oro website. Under such circumstances, user has the option to transfer its assets out of its Account without incurring any costs payable to Oro. User agrees and understands that any such charges/fees that Oro may choose to levy will be in addition to those levied by the AMCs, if any. All fees, charges and reimbursement of expenditure shall be paid or made in full by user without any counter claim, set off or withholding. All liabilities and obligations of the registered user(s) hereunder to Oro/mutual fund/AMCs/vendors/trustees of the AMC shall be joint and/or several, as the case may be.
LIABILITY OF ORO
- Oro shall not in absence of gross negligence on the part of Oro, 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 Oro or its employees, officers, directors, nominee or agent of Oro’s duties. Without prejudice to the above, Oro shall not be held liable for any loss or damage or failure to comply or delay in complying with its obligations under these Terms and Conditions which is caused directly or indirectly by any event or circumstances beyond Oro’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 Oro 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.
- Oro will be under no duty to verify compliance with any restrictions on user’s investment powers.
- Oro 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. While Oro will make every effort to have its computer systems available at all times, Oro makes no guarantees with respect to the availability of such systems. Oro will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, Oro 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.
- Oro shall not be liable for any loss or damage caused by reason of failures or delay of the mutual fund and/or its authorised service provider 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 Oro harmless and free from any claim in respect thereof. Oro shall also not be liable for any delay, failure or refusal of the mutual fund and/or its authorised service provider in registering or transferring units to user names or for any interest, dividend or other loss caused to user arising there from.
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, ONLY internet banking facility shall be offered for transaction on the Site, through a third party net banking service provider registered with the Reserve Bank of India. User cannot use or permit the use of the 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 Oro/AMC/trustees of the AMC/any vendor, disclaim all liability and responsibility for any claims, losses, damages, costs of what so ever nature arising due to such risks:
- Misuse of Password: If any third party obtains access to user password of the Oro Account, such third party would be able to transact on Oro’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.
- 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 Oro’s online technology platform. Whilst Oro 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.
- 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 Oro/ concerned mutual fund /concerned AMC and accede to accept instructions without questions for any unfair or unjust gain obtained by Oro/ concerned mutual fund /concerned AMC as a result of the same.
- Technology Risks: The technology for enabling the transfer of funds and the other services offered by the Electronic Payment, Oro and any vendors could be affected by virus or other malicious, destructive or corrupting code, program or macro. The site of Oro, vendors 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 understand that Oro disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by Oro/bank/mutual funds/AMCS/vendors to process any transaction/payment instructions for whatsoever reason. Oro/AMC/trustee company of the AMC, authorised registrars of the AMC and/or any vendors shall not be responsible for any of the aforesaid risks.
- Limits: Oro 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 and 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.
- Indemnity: User shall indemnify Oro/mutual funds/AMCs/trustees to the AMCs/authorized registrar of the AMC/ vendors 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 and conditions mentioned herein above.
- Authentication of the Transaction: User is authorized to make transaction only with and from the bank account(s) registered on the Site. 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 Oro. Such payment which is rejected by the banks shall be notified or intimated to the user, in the morning of the next business day.
- Transaction Verification: The transaction made by the user, whether approved or rejected, using the Site shall be subject to the following level of verifications:
- Oro level: Transaction to be rejected in case the bank account though which the payment is made, is not registered with Oro;
- Transactions aggregator Level: Transaction made from the bank account which is different from the account details provided by Oro to the transactions aggregator.
- AMC Level: Final, rejection shall be made by the AMC, upon receiving the transaction details.
- Withdrawal of Facility: Oro shall be entitled to withdraw this service at any time without assigning any reason whatsoever.
- Binding nature of above terms and conditions: By use of this facility, user shall deemed to have agreed to all the above terms and conditions and such terms and conditions shall be bound on the user in the same manner as if user has agreed to the same in writing.
FUNCTION OF ORO
Any information contained in Oro brochures or other materials or otherwise communicated by Oro 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. Oro 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
- Guarantee the redemption or repayment of any units on maturity; or
- Guarantee 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
- 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 user’s behalf or in user’s 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.
Oro does not offer any advice and nothing herein or on the Oro website shall be construed as investment advice by user.
Oro does not, and is not obliged to, offer all mutual fund schemes for investment. By limiting the number of schemes on the Site, Oro does not make any representation as to the quality, bona fides or nature of any AMC or mutual fund scheme, or any other representation, warranty or guaranty, express or implied
Any sum invested through Oro account is not a deposit with Oro and is not bank insured. The same is not endorsed or guaranteed and does not constitute obligations of Oro or any of the subsidiaries associates or affiliates companies whose role in only as described in these Terms and Conditions. Investments in mutual fund are subject to investment risk, 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.
NOTICES/CORRESPONDENCE
Any notice or other correspondence addressed by Oro to user may be addressed to the emai address provided by the user at the time of enrolment. 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 Oro 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.
USER INFORMATION
User shall provide any and all information that may be required by Oro/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 and CAN norms and laws. User agrees that Oro/AMC/vendors may take steps to verify the veracity of such information provided and shall co‐operate with Oro/AMC/vendors in providing all information requested by Oro. 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 Oro and that Oro/AMC/Trustees of AMC 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 user may be required to be shared with relevant regulatory/statutory authorities and user authorises Oro 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.
TERMINATION OF THE SERVICES
In case the user violates this agreement, or any local or international laws, Oro may, at any time and at its sole discretion, terminate the user’s Oro account and/or prevent user from accessing the Site and/or Services at any time and at its sole discretion. You’re free to stop using Oro and/or terminate your account with Oro at any time. Please refer to our Privacy Policy, to understand how we treat information you provide to us after you have stopped using our Services.
REGULATORY CAUTION
Mutual Fund investments are subject to market risks, read all scheme-related documents carefully.
GOVERNING LAW
All disputes and differences arising out of, under or in connection with these terms and conditions or anything done hereunder shall be within the exclusive jurisdiction only to the courts of Mumbai. These terms and conditions are subject to and shall be construed in accordance with the laws prevalent in India.
UNENFORCEABILITY
In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision. Other agreements may apply to specific products and services offered through the Site. The terms of the Client Agreement and any other agreements applicable to a specific product or service supersede these terms. We may change these terms at any time without notice, and any such change will be effective immediately. Section headings are for convenience only.
Investment Advisory Services
In case you are availing for Orowealth Advisory Services, below mentioned are scope, pricing and terms and conditions of same:
SCOPE OF SERVICES - INVESTMENT ADVISORY SERVICES OFFERED
- Asset Allocation: The InvestmentAdviser will provide, explain and assist in the formulation of a robustframework for the Client’s assetallocation based on the amount of Asset under Advice (AuA), both strategicallyand tactically, with due attention to the risk profile and reward expectationsof the client
- PortfolioFormation and Construction: The Client shall be provided with one time specific Advisory for portfolioallocation on securities to be traded in the portfolio, on a non-binding andnon-discretionary basis.
- Portfolio Review: Investment Advisor will provide a free review portfolio of client as per mutual consent between IA and client forcontract period not exceeding 12 months from date of agreement.
- No services other than those mentionedin this Agreement, are implied or guaranteed, except as individually negotiatedand confirmed in writing between the Parties.
RISK FACTORS
- Securities investments are subject tomarket risks and there is no assurance or guarantee that the objective of theinvestments will be achieved.
- As with any investment in securities,the value of the Client’s investments can go up or down depending on the factorsand forces affecting the capital market. The Investment Adviser is neitherresponsible nor liable for any losses resulting from such factors.
- The information on investments issubject to external risks such as war, natural calamities, and policy changesof local / international markets which affect stock markets
Declaration by the Investment Adviser
- We shall not manage funds andsecurities on behalf of the client and that we shall only receive such sums ofmonies from the client as are necessary to discharge the client’s liabilitytowards investment advisory fees.
- We shall not, in the course of performingthe services to the client, hold out any investment advice implying any assuredreturns or minimum returns or target return or percentage accuracy or serviceprovision till achievement of target returns or any other nomenclature thatgives the impression to the client that the investment advice is risk-freeand/or not susceptible to market risks and or that it can generate returns withany level of assurance.
ADVISORYFEES
In consideration of the services beingoffered by the Investment Adviser under this Agreement, an upfront fee as mutually discussed shall be charged to the Client.DISCLAIMER
The Investment Adviser shall not beliable for any loss of any nature suffered by the Client based on the servicesrendered by the Investment Adviser. Further, Investment Adviser makes noguarantee of the investment returns that will be experienced by the Client inthe application of the Client’s investment program based on the analyticalresearch and investment Advisory services provided by the Investment Adviser.The Client shall at all times keep suchinformation / data and material provided by the Investment Adviser strictlyconfidential and will not use, share or disclose such information to any thirdparty.
MISCELLANEOUS
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Site. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. You and Oro agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding between you and Oro, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms and Conditions.
IF USER DO NOT ACCEPT AND ABIDE BY THIS TERMS, USER MUST NOT USE THE WEBSITE. TERMS AND CONDITIONS FOR USAGE OF PORTAL
- You acknowledge to have read and understood the Terms and Conditions contained herein and agree to be legally bound by them at all times by transacting through the portal. All transactions done through the portal shall at all times be bound by the terms and conditions contained herein. Your continued usage of the portal shall at all times be deemed to be your acceptance of the terms and conditions contained herein.
- Alpha Fintech Private Limited and its subsidiaries ("Oro", "Orowealth" or "Oro Wealth") and its vendor MF Utilities India Private Limited (“MFUI” or "MFU") reserve the right to change the Terms and Conditions at any time, without notice, and the revised Terms and Conditions shall be posted on the portal from time to time. Your continued usage of the portal shall at all times be deemed to be your acceptance of the terms and conditions as may be in force.
- The User ID provided to you is at PAN / PEKRN level and by default linked to all the CANs wherein you are the Sole / Primary / Second / Third Holder or the Guardian. The CANs linked to the User id are hereinafter referred to as “linked CANs”.
- You hereby agree that you can transact only in CANs where you are the Sole/Primary holder/Guardian of the CAN and view the portfolio / transactions in case you are the Second / Third Holder of the CAN.
- In case of more than one holder in CAN, the User ID and password shall be provided to the first holder only if the mode of holding is anyone or survivor. The usage of the portal by the first holder shall be deemed to be valid and with full and absolute authority to act for and on behalf of all and each of the other joint holders. Liability of all the joint holders shall be joint and several and shall be binding on each of the joint CAN holders, their respective legal heirs, successors, executors and permitted assigns. All the joint holders shall be deemed to have approved of the transactions done by the first holder through the portal.
- You hereby irrevocably authorize Oro Wealth, MFUI and its agents / Service Providers, to act upon any Electronic Instructions given by you to Oro Wealth or MFUI through the User ID and password.
- The Online Facility is intended only for the personal use of the investor. You shall be solely responsible for the confidentiality of the User ID and Password and shall not disclose the same to anybody and shall take all possible care to prevent discovery of the User ID and Password by any person. In no event shall you hold Oro Wealth or MFUI liable or responsible for any transactions undertaken under your “linked CANs”.
- Oro Wealth and MFUI reserve the right to make the Online Facility available for such investors / CAN holders as it deems appropriate.
- You agree that Oro Wealth and MFUI reserve the right to seek any additional information / confirmation (oral / written) as it may deem necessary to authenticate the transaction.
- Oro Wealth or MFUI may, in its absolute discretion, suspend the Online Facility granted or decide not to carry out any such transaction where the KYC requirements are incomplete or incorrect, transactions are designed in a manner to violate any law or any information submitted to Oro Wealth / MFUI / its related parties is incomplete, false or misleading or it has reason to believe that the Electronic Instructions are not genuine or are unclear or are otherwise improper and cannot be put into effect.
- In case where the mode of holding is 'Minor through Guardian', the Guardian shall be deemed to have full authority to act for and on behalf of the minor in all matters relating to the Online Facility.
- Oro Wealth and MFUI only provide facility to submit transactions in multiple schemes of various Mutual Funds. The respective Mutual Fund / AMC at its discretion may accept or reject any transaction. You shall not hold Oro Wealth or MFUI liable for any loss, damage etc. arising from rejection of transactions by Mutual Fund / AMC. Further, all transactions will be governed by the rules of the individual Mutual Fund / AMC as stated in their Scheme Information Documents and therefore submission of a transaction and time stamping at MFUI portal should not be deemed to be guarantee of acceptance and processing of transaction by the Mutual Fund / AMC.
- Online Transactions where KYC process is pending, shall be accepted by Oro Wealth and MFUI and passed on to the specific AMC/RTA who may at their sole discretion decide whether or not to process the transaction due to the pending KYC status and the investor will not hold Oro Wealth or MFUI liable for such non-acceptance by the specified AMC/RTA.
- Online transactions for CAN holders who have not provided Additional KYC and FATCA are liable to be rejected.
- You shall not use the Online Facility to conduct any transaction(s) that are designed to contravene or circumvent any provision of law, regulation or guideline, including but not limited to the provisions of the Income Tax Act, Foreign Accounts Tax Compliance Act (“FATCA”), The Prevention of Money Laundering Act (“PMLA”), Foreign Exchange Management Act (“FEMA”) or the provisions of the respective SID / KIM and addendums thereto, particularly the guidelines relating to Third Party Payment and Applicability of NAV.
- The uniform cut-off time as prescribed by SEBI and as mentioned in the SID / KIM and addendums thereto of respective schemes shall be applicable for applications received on the portal.
- Realization of funds with regard to subscription transactions:- For subscription transactions, the funds are credited to the MFU Escrow Account and thereafter transferred to the respective Scheme accounts in proportion to the investments made in respective schemes by you. In case of net banking payments or PayEezz, MFU Escrow account will be credited not less than T+1 business/working day wherein T refers to the payment initiated day. MFUI will ensure to transfer the funds to the AMC Accounts upon receipt. The time of credit to respective AMC Accounts shall be considered for NAV applicability, wherever applicable. All credits received into the MFU Escrow Account before 1.40 p.m. (for scheme cut-off of 2.00 p.m.) and 2.40 p.m. (for scheme cut-off time of 3.00 p.m.) will be transferred to the Scheme accounts by 2.00 p.m. and 3.00 p.m. respectively. In respect of credits to the MFU Escrow Account between 1.40 p.m. / 2.40 p.m. to the respective cut-off times, funds will be transferred to the Scheme accounts on a best effort basis.
- The time stamping for online transaction would be the MFUI server timings upon submission of transaction by you. In case payment is made through Net Banking the time stamp would be upon successful confirmation of payment.
- NAV Applicability: All current rules with regard to NAV applicability shall apply to the transactions done online through the portal. In case of subscription transactions where the availability of funds for utilization / time of credit is considered for applicability of NAV, the time of credit of funds to the AMC accounts from MFU Escrow Account will be considered as the time of credit for NAV applicability.
- Restriction on Acceptance of Third Party Payments for Subscription of Units in Mutual Fund Schemes: The payment should be made only from one of the bank accounts registered under the CAN being transacted. In case it is found that the payment is not made from a registered bank account under the CAN, MFUI / Mutual Fund / AMC / its RTA reserves the right to reject the transaction and refund the money to the source account. Additionally, AMCs may at their discretion decide to make the redemption payouts only through specific modes of payment, when the units are redeemed.
- Payment Mode Net Banking: In order to make payment through Net Banking you should have availed this facility from your registered Bank and have access thereto. You will be redirected to your Bank’s website for making online payment through the registered Bank Account. You may be required to comply with the verification requirements of the Bank. NEFT / RTGS: In order to make payment through NEFT / RTGS, MFU will provide you the Beneficiary Account details, upon your submission of the transaction, to which the payments should be made. PayEezz: Payment through PayEezz facility can be only through a unique PayEezz Reference Number (PRN), obtained by registering the mandate with MFUI.
- If you are holding your units in the Depository Account, the request for redemption has to be routed through (a) your broker, or (b) your depository participant. MFUI will not be in a position to accept these transactions.
- Your payout proceeds, subject to deduction of exit load, STT and TDS (if applicable) would be paid out to you into your default bank details registered under your CAN or any other registered bank details specified by you, within the payment timelines of the respective scheme(s).
- Transactions received on a non-business day will be treated as received on next business day.
- You agree that even though your Mobile No. is registered under the National Do Not Call Registry (NDNC), you explicitly permit Oro Wealth and MFUI to send various communications, updates, alerts, notifications and the same shall not be considered as a breach of any TRAI Regulations/Guidelines;
- Indemnity and No Warranties You shall be fully liable to MFUI and/or the AMC / Mutual Fund or their Affiliates for every transaction entered into using the Online Facility, whether with or without your knowledge. In no event will the AMC / Mutual Fund, Oro Wealth or MFUI or their agents / service providers be liable to you for any special, direct, indirect, consequential or incidental loss or damages even if you have been advised by the AMC / Mutual Fund, MFUI or its agents / service providers of any such possibility. You hereby relieve the AMC / Mutual Fund, Oro Wealth and MFUI from any liability whatsoever against misuse of the Online Facility, User ID and password. Further, neither the AMC / Mutual Fund nor Oro Wealth nor MFUI shall be liable at all for misuse if any, of any data placed on the Internet, by third parties, "hacking" or unauthorized access. Neither the AMC / Mutual Fund / Oro Wealth nor MFUI will be liable for any failure to act upon Electronic Instructions or to provide any facility for any cause that is beyond the control of the AMC / Mutual Fund or Oro Wealth / MFUI. Oro Wealth and MFUI shall have no liability to verify the accuracy, authenticity of the instructions given using the User ID and password and shall be authorized to act on such instructions without further verification or review. Oro Wealth and MFUI shall endeavor to give effect to Electronic Instructions on a best effort basis and as soon as practically possible for Oro Wealth and MFUI, within the ambit of SEBI Regulations. In the event of any instructions being capable of execution in two or more ways, Oro Wealth / MFUI may execute the Electronic Instructions in a way as it may, in its sole judgement, decide. Oro Wealth and MFUI agree to take best efforts to protect security of the data placed on the Internet, however you agree that transmitting data/ information over internet may be subject to compromise / breach and that the risk of any loss of information or interception of information by any third party will be borne by you and that Oro Wealth or MFUI shall not be liable for the same. The Mutual Fund, MFUI, the AMC/Trustees of the Mutual Fund, along with its directors, employees, agents, executors, successors and assigns shall not be liable for any damages or injuries arising out of or in connection with the use of the Portal or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, computer failure or malfunctioning, or interruption of business; error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon Electronic Instructions or to provide any facility for any cause that is beyond the control of such entity. All records of Oro Wealth and MFUI, whether in electronic form, magnetic medium, documents or any other form with respect to Electronic Instructions received for use of the Facilities or Electronic Instructions received through use of the Online Facility shall be conclusive evidence of such Electronic Instructions and shall be binding on you. You hereby confirm that Oro Wealth or MFUI or any other Agents of the Fund or MFUI, shall not be held responsible for violation of any laws by you and you hereby indemnify Oro Wealth and MFUI against any claims arising from such non-compliance, and also from any damages or losses Oro Wealth or MFUI or the Fund may suffer from any claims arising due to non-compliance or violation of the Terms and Conditions. Further, you agree to indemnify, and shall at all times keep indemnified the Mutual Fund, Oro Wealth, MFUI, the Trustees/AMC, their officers, employees, successors and assigns from and against all actions, proceedings, claims and demands whatsoever for or on account of or in relation to any unauthorised use of the Online Facility, User ID and password and from and against all damages, costs, charges and expenses in respect thereof or incidental thereto. No forbearance, delay or failure on part of Oro Wealth or MFUI or the AMC / Mutual Fund to exercise any power or right under these Terms and Conditions shall operate as a waiver of such power or right, nor shall any single or partial exercise of such power or right preclude any further exercise of that or any other power or right.
- Oro Wealth and MFUI will take best efforts to keep the Portal updated so as to provide most current information to you, and shall further take best efforts to ensure that the information provided on the Portal is as accurate as possible and that the disruptions of service are minimal. However, Oro Wealth or MFUI makes no warranty, either express or implied, or gives any guarantee, to you concerning the uninterrupted availability of the Portal or the services or the accuracy of the information available on it.
- You authorize Oro Wealth and MFUI to provide to third parties such transaction / account details, as may be necessary in order to give effect to your online instructions or in order to comply with the order of any court, government agency or lawful authority or in order to ensure compliance with any laws/regulations in any jurisdiction.
- You agree that the look and feel of the web screen and outputs therefrom may differ based on the nature of the software used by you to browse the Portal. You shall not hold Oro Wealth or MFUI liable for any act of non-adherence of Electronic Instructions, or the lack of availability of the Portal or the Online Facility extended by Oro Wealth and MFUI, if Oro Wealth or MFUI is for any reasons whatsoever, unable to provide the said service.
- You agree to bear the bank charges, if any, towards electronic fund transfer or any other transaction carried out through your bank account, without any reimbursement from Oro Wealth or MFUI
- No solicitation: Nothing in the Terms and Conditions or on the Portal shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction.
- Proprietary Rights: You hereby acknowledge that the portal is the legal property of Oro Wealth and/or MFUI. The permission given by the Oro Wealth and/or MFUI to access the Online Facility will not convey any proprietary or ownership rights in the software. You agree not to attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying the Online Facility of Oro Wealth or MFUI or create any derivative product based on the software. You further agree not to use the name, logo or mark of the Oro Wealth or MFUI or any of the AMC/Mutual Fund (or any logo or mark similar thereto), and any related patent, trademark and service mark applications, design rights, copyrights, and all or any similar or equivalent rights arising or subsisting in any country in the world.
- Governing Laws & Jurisdiction: The Online Facility and all the Online Transactions carried out through the Online Facility are subject to the Terms and Conditions of the Scheme Information Documents of the schemes of various Mutual Funds, read with the addenda issued from time to time.
- The provision of the Online Facility is subject to and governed by the laws of India. The Courts in Mumbai shall have jurisdiction over all disputes arising out of or in respect of the Terms and Conditions.
- These Terms and Conditions are subject to Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 and guidelines issued thereunder as amended from time to time and other laws, rules and regulations issued by the Government of India relating to Mutual Funds and provision of Online Facility.
- Notice: Any notice, communication or documents required to be given by either Party to the other, may be given by personal delivery, courier, registered post at the registered office of Oro Wealth or MFUI or by email to [email protected] or [email protected] and if to the investor at the registered address or email ID as per MFUIs records.
- You hereby confirm and declare as under I / We have read and understood the contents of the respective Scheme Information Document(s), Statement of Additional Information(s), Key Information Memorandum(s), Instructions and Addenda issued by the respective Mutual Funds, including level of risk depicted by riskometer. I/We am/are eligible Investor(s) as per the respective Scheme related documents and am/are authorised to make this investment as per the constitutive documents / authorization(s). The amount invested in the respective Scheme(s) is through legitimate sources only and is not for the purpose of contravention and/or evasion of any act, rules, regulations, notifications or directions issued by any regulatory authority in India. I/We will indemnify Oro Wealth, MFU, Mutual Fund, AMC, Trustee, RTA and other intermediaries in case of any dispute regarding the eligibility, validity and authorization of my/our transactions. The RIA has disclosed to me/us all the fees , payable to him/them for availing various services offered by Oro.
- I/WE HEREBY CONFIRM THAT I/WE HAVE NOT BEEN OFFERED/COMMUNICATED ANY INDICATIVE PORTFOLIO AND/OR ANY INDICATIVE YIELD BY THE FUND/AMC/ITS DISTRIBUTOR FOR THIS INVESTMENT.
- You acknowledge to have read and understood the Terms and Conditions contained herein and agree to be legally bound by them at all times by transacting through the portal. All transactions done through the portal shall at all times be bound by the terms and conditions contained herein. Your continued usage of the portal shall at all times be deemed to be your acceptance of the terms and conditions contained herein.
- Alpha Fintech Private Limited and its subsidiaries ("Oro", "Orowealth" or "Oro Wealth") and its vendor BSE ltd. (“BSE") reserve the right to change the Terms and Conditions at any time, without notice, and the revised Terms and Conditions shall be posted on the portal from time to time. Your continued usage of the portal shall at all times be deemed to be your acceptance of the terms and conditions as may be in force.
- The User ID provided to you is at PAN / PEKRN level and by default linked to all the UCC (Unique Client Code) wherein you are the Sole / Primary / Second / Third Holder or the Guardian. The UCCs linked to the User id are hereinafter referred to as “linked UCCs”.
- You hereby agree that you can transact only in UCCs where you are the Sole/Primary holder/Guardian of the UCC and view the portfolio / transactions in case you are the Second / Third Holder of the UCC.
- In case of more than one holder in UCC, the User ID and password shall be provided to the first holder only if the mode of holding is anyone or survivor. The usage of the portal by the first holder shall be deemed to be valid and with full and absolute authority to act for and on behalf of all and each of the other joint holders. Liability of all the joint holders shall be joint and several and shall be binding on each of the joint UCC holders, their respective legal heirs, successors, executors and permitted assigns. All the joint holders shall be deemed to have approved of the transactions done by the first holder through the portal.
- You hereby irrevocably authorize Oro Wealth, BSE and its agents / Service Providers, to act upon any Electronic Instructions given by you to Oro Wealth or BSE through the User ID and password.
- The Online Facility is intended only for the personal use of the investor. You shall be solely responsible for the confidentiality of the User ID and Password and shall not disclose the same to anybody and shall take all possible care to prevent discovery of the User ID and Password by any person. In no event shall you hold Oro Wealth or BSE liable or responsible for any transactions undertaken under your “linked UCCs”.
- Oro Wealth and BSE reserve the right to make the Online Facility available for such investors / UCC holders as it deems appropriate.
- You agree that Oro Wealth and BSE reserve the right to seek any additional information / confirmation (oral / written) as it may deem necessary to authenticate the transaction.
- Oro Wealth or BSE may, in its absolute discretion, suspend the Online Facility granted or decide not to carry out any such transaction where the KYC requirements are incomplete or incorrect, transactions are designed in a manner to violate any law or any information submitted to Oro Wealth / BSE / its related parties is incomplete, false or misleading or it has reason to believe that the Electronic Instructions are not genuine or are unclear or are otherwise improper and cannot be put into effect.
- In case where the mode of holding is 'Minor through Guardian', the Guardian shall be deemed to have full authority to act for and on behalf of the minor in all matters relating to the Online Facility.
- Oro Wealth and BSE only provide facility to submit transactions in multiple schemes of various Mutual Funds. The respective Mutual Fund / AMC at its discretion may accept or reject any transaction. You shall not hold Oro Wealth or BSE liable for any loss, damage etc. arising from rejection of transactions by Mutual Fund / AMC. Further, all transactions will be governed by the rules of the individual Mutual Fund / AMC as stated in their Scheme Information Documents and therefore submission of a transaction and time stamping at BSE portal should not be deemed to be guarantee of acceptance and processing of transaction by the Mutual Fund / AMC.
- Online Transactions where KYC process is pending, shall be accepted by Oro Wealth and BSE and passed on to the specific AMC/RTA who may at their sole discretion decide whether or not to process the transaction due to the pending KYC status and the investor will not hold Oro Wealth or BSE liable for such non-acceptance by the specified AMC/RTA.
- Online transactions for UCC holders who have not provided Additional KYC and FATCA are liable to be rejected.
- You shall not use the Online Facility to conduct any transaction(s) that are designed to contravene or circumvent any provision of law, regulation or guideline, including but not limited to the provisions of the Income Tax Act, Foreign Accounts Tax Compliance Act (“FATCA”), The Prevention of Money Laundering Act (“PMLA”), Foreign Exchange Management Act (“FEMA”) or the provisions of the respective SID / KIM and addendums thereto, particularly the guidelines relating to Third Party Payment and Applicability of NAV.
- The uniform cut-off time as prescribed by SEBI and as mentioned in the SID / KIM and addendums thereto of respective schemes shall be applicable for applications received on the portal.
- Realization of funds with regard to subscription transactions will be done on best effort basis. Orowealth or BSE will not be liable for any delays in transaction subscription.
- NAV Applicability: All current rules with regard to NAV applicability shall apply to the transactions done online through the portal. In case of subscription transactions where the availability of funds for utilization / time of credit is considered for applicability of NAV, the time of credit of funds to the AMC accounts will be considered as the time of credit for NAV applicability.
- Restriction on Acceptance of Third Party Payments for Subscription of Units in Mutual Fund Schemes: The payment should be made only from one of the bank accounts registered under the UCC being transacted. In case it is found that the payment is not made from a registered bank account under the UCC, BSE / Mutual Fund / AMC / its RTA reserves the right to reject the transaction and refund the money to the source account. Additionally, AMCs may at their discretion decide to make the redemption payouts only through specific modes of payment, when the units are redeemed.
- Payment Mode Net Banking: In order to make payment through Net Banking you should have availed this facility from your registered Bank and have access thereto. You will be redirected to your Bank’s website for making online payment through the registered Bank Account. You may be required to comply with the verification requirements of the Bank. NEFT / RTGS: In order to make payment through NEFT / RTGS, BSE will provide you the Beneficiary Account details, upon your submission of the transaction, to which the payments should be made.
- If you are holding your units in the Depository Account, the request for redemption has to be routed through (a) your broker, or (b) your depository participant. BSE will not be in a position to accept these transactions.
- Your payout proceeds, subject to deduction of exit load, STT and TDS (if applicable) would be paid out to you into your default bank details registered under your UCC or any other registered bank details specified by you, within the payment timelines of the respective scheme(s).
- Transactions received on a non-business day will be treated as received on next business day.
- You agree that even though your Mobile No. is registered under the National Do Not Call Registry (NDNC), you explicitly permit Oro Wealth and BSE to send various communications, updates, alerts, notifications and the same shall not be considered as a breach of any TRAI Regulations/Guidelines;
- Indemnity and No Warranties You shall be fully liable to BSE and/or the AMC / Mutual Fund or their Affiliates for every transaction entered into using the Online Facility, whether with or without your knowledge. In no event will the AMC / Mutual Fund, Oro Wealth or BSE or their agents / service providers be liable to you for any special, direct, indirect, consequential or incidental loss or damages even if you have been advised by the AMC / Mutual Fund, BSE or its agents / service providers of any such possibility. You hereby relieve the AMC / Mutual Fund, Oro Wealth and BSE from any liability whatsoever against misuse of the Online Facility, User ID and password. Further, neither the AMC / Mutual Fund nor Oro Wealth nor BSE shall be liable at all for misuse if any, of any data placed on the Internet, by third parties, "hacking" or unauthorized access. Neither the AMC / Mutual Fund / Oro Wealth nor BSE will be liable for any failure to act upon Electronic Instructions or to provide any facility for any cause that is beyond the control of the AMC / Mutual Fund or Oro Wealth / BSE. Oro Wealth and BSE shall have no liability to verify the accuracy, authenticity of the instructions given using the User ID and password and shall be authorized to act on such instructions without further verification or review. Oro Wealth and BSE shall endeavor to give effect to Electronic Instructions on a best effort basis and as soon as practically possible for Oro Wealth and BSE, within the ambit of SEBI Regulations. In the event of any instructions being capable of execution in two or more ways, Oro Wealth / BSE may execute the Electronic Instructions in a way as it may, in its sole judgement, decide. Oro Wealth and BSE agree to take best efforts to protect security of the data placed on the Internet, however you agree that transmitting data/ information over internet may be subject to compromise / breach and that the risk of any loss of information or interception of information by any third party will be borne by you and that Oro Wealth or BSE shall not be liable for the same. The Mutual Fund, BSE, the AMC/Trustees of the Mutual Fund, along with its directors, employees, agents, executors, successors and assigns shall not be liable for any damages or injuries arising out of or in connection with the use of the Portal or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, computer failure or malfunctioning, or interruption of business; error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon Electronic Instructions or to provide any facility for any cause that is beyond the control of such entity. All records of Oro Wealth and BSE, whether in electronic form, magnetic medium, documents or any other form with respect to Electronic Instructions received for use of the Facilities or Electronic Instructions received through use of the Online Facility shall be conclusive evidence of such Electronic Instructions and shall be binding on you. You hereby confirm that Oro Wealth or BSE or any other Agents of the Fund or BSE, shall not be held responsible for violation of any laws by you and you hereby indemnify Oro Wealth and BSE against any claims arising from such non-compliance, and also from any damages or losses Oro Wealth or BSE or the Fund may suffer from any claims arising due to non-compliance or violation of the Terms and Conditions. Further, you agree to indemnify, and shall at all times keep indemnified the Mutual Fund, Oro Wealth, BSE, the Trustees/AMC, their officers, employees, successors and assigns from and against all actions, proceedings, claims and demands whatsoever for or on account of or in relation to any unauthorised use of the Online Facility, User ID and password and from and against all damages, costs, charges and expenses in respect thereof or incidental thereto. No forbearance, delay or failure on part of Oro Wealth or BSE or the AMC / Mutual Fund to exercise any power or right under these Terms and Conditions shall operate as a waiver of such power or right, nor shall any single or partial exercise of such power or right preclude any further exercise of that or any other power or right.
- Oro Wealth and BSE will take best efforts to keep the Portal updated so as to provide most current information to you, and shall further take best efforts to ensure that the information provided on the Portal is as accurate as possible and that the disruptions of service are minimal. However, Oro Wealth or BSE makes no warranty, either express or implied, or gives any guarantee, to you concerning the uninterrupted availability of the Portal or the services or the accuracy of the information available on it.
- You authorize Oro Wealth and BSE to provide to third parties such transaction / account details, as may be necessary in order to give effect to your online instructions or in order to comply with the order of any court, government agency or lawful authority or in order to ensure compliance with any laws/regulations in any jurisdiction.
- You agree that the look and feel of the web screen and outputs therefrom may differ based on the nature of the software used by you to browse the Portal. You shall not hold Oro Wealth or BSE liable for any act of non-adherence of Electronic Instructions, or the lack of availability of the Portal or the Online Facility extended by Oro Wealth and BSE, if Oro Wealth or BSE is for any reasons whatsoever, unable to provide the said service.
- You agree to bear the bank charges, if any, towards electronic fund transfer or any other transaction carried out through your bank account, without any reimbursement from Oro Wealth or BSE.
- No solicitation: Nothing in the Terms and Conditions or on the Portal shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction.
- Proprietary Rights: You hereby acknowledge that the portal is the legal property of Oro Wealth and/or BSE. The permission given by the Oro Wealth and/or BSE to access the Online Facility will not convey any proprietary or ownership rights in the software. You agree not to attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying the Online Facility of Oro Wealth or BSE or create any derivative product based on the software. You further agree not to use the name, logo or mark of the Oro Wealth or BSE or any of the AMC/Mutual Fund (or any logo or mark similar thereto), and any related patent, trademark and service mark applications, design rights, copyrights, and all or any similar or equivalent rights arising or subsisting in any country in the world.
- Governing Laws & Jurisdiction: The Online Facility and all the Online Transactions carried out through the Online Facility are subject to the Terms and Conditions of the Scheme Information Documents of the schemes of various Mutual Funds, read with the addenda issued from time to time.
- The provision of the Online Facility is subject to and governed by the laws of India. The Courts in Mumbai shall have jurisdiction over all disputes arising out of or in respect of the Terms and Conditions.
- These Terms and Conditions are subject to Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 and guidelines issued thereunder as amended from time to time and other laws, rules and regulations issued by the Government of India relating to Mutual Funds and provision of Online Facility.
- Notice: Any notice, communication or documents required to be given by either Party to the other, may be given by personal delivery, courier, registered post at the registered office of Oro Wealth or BSE or by email to [email protected] m and if to the investor at the registered address or email ID as per BSEs records.
- You hereby confirm and declare as under I / We have read and understood the contents of the respective Scheme Information Document(s), Statement of Additional Information(s), Key Information Memorandum(s), Instructions and Addenda issued by the respective Mutual Funds, including level of risk depicted by riskometer. I/We am/are eligible Investor(s) as per the respective Scheme related documents and am/are authorised to make this investment as per the constitutive documents / authorization(s). The amount invested in the respective Scheme(s) is through legitimate sources only and is not for the purpose of contravention and/or evasion of any act, rules, regulations, notifications or directions issued by any regulatory authority in India. I/We will indemnify Oro Wealth, BSE, Mutual Fund, AMC, Trustee, RTA and other intermediaries in case of any dispute regarding the eligibility, validity and authorization of my/our transactions. The RIA has disclosed to me/us all the fees , payable to him/them for availing various services offered by Oro.
- I/WE HEREBY CONFIRM THAT I/WE HAVE NOT BEEN OFFERED/COMMUNICATED ANY INDICATIVE PORTFOLIO AND/OR ANY INDICATIVE YIELD BY THE FUND/AMC/ITS DISTRIBUTOR FOR THIS INVESTMENT.
- This facility is made available with respect to select Mutual Funds only, with whom Orowealth has entered into a separate arrangement either directly or through transaction processing platforms such BSE 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.
- You understand and agree that instructions given by you to Orowealth for transacting in mutual fund units will be forwarded to the AMC/R&TA via a transaction processing platform that Orowealth has a prior contractual arrangement with CDSL - BSE in an electronic file format (‘Feed File’) and AMC/R&TA will process the transaction on the basis of such Feed File only. And you hereby agree and consent to the transmission of data by electronic means through the Orowealth Account from the website.
- This information will be stored with us and shared with select third parties such as our group companies, Asset Management Companies (AMC), Registrar and Transfer Agents, BSE and affiliate companies, payment gateway providers in order to enable us to complete your registration as a client with us and to process any transaction requests that you authorise, maintain a record of your transactions and holdings, generate and send reminders, alerts, notifications to you for transactions, upcoming funds transfers etc.
Terms & Conditions for eCAN (Electronic data submission for CAN Registration)
- I/We acknowledge to have read and understood the Terms and Conditions contained herein as well as the Terms and Conditions applicable to CAN available at www.mfuindia.com/downloads/CRF-Individual-Terms.pdfand agree to be legally bound by them always.
- I/We agree that CAN shall be created only upon the datasubmitted for CAN creation being complete in all respects and the supporting documents being in good order, clear and legible,to the satisfaction of ORO Wealth or MFUI.
- I/We agree that ORO Wealth or MFUI may acquire any data / information / documentssuch as signatures,Bank Account details etc. from KYC Registration Agencies (KRA) / CERSAI/ AMCs/ RTAs or any other third party to share the same with ORO Wealth or MFUI as per my/ our terms of agreement with such parties and / or ORO Wealth or MFUI and utilize such data sourced from such parties for the creation of CAN. I / We also unequivocally authorize ORO Wealth or MFUI to obtain data / information / documents from such third parties and rely on them without validating the same with me/us.
- I / We understand that, eCAN can be generated through two different modes i.e. partially electronic or completely electronic.
- I / We also understand that:
- A completely electronic eCAN requires the following conditions to be met:
- The investor has an existing folio in any of the MFU participating AMCs matching the CAN criteria; and
- At least one of the Bank Account submitted for registration is a registered bank account in any of the mapped folios. The bank accounts unregistered in any of the mapped folios will be ignored for registration under CAN.
- Where the above conditions are not satisfied, the eCAN will be converted to partially electronic eCAN and the relevant procedures shall be applicable.
- A completely electronic eCAN requires the following conditions to be met:
- I / We agree that for partially electronic eCAN, ORO Wealth or MFUI will auto-generate CAN Registration Form (CRF)based on the data submitted by me / us electronically and provide a pre-filled CRF to me / us which needs to be signed and submitted along with necessary documents back to ORO Wealth or MFUI / MFUI authorized entity / MFU Point of Service (POS) for completion of the registration formalities.
- I / We agree that for completely electronic eCAN, ORO Wealth or MFUI will auto-generate a CRF based on the data / information / documents submitted by me / us electronically and sourced by MFUI from the above mentioned third parties. I/We also agree that the CRF so generated will be a valid and legally binding document for all purposes whatsoever related to the CAN.
- I / We agree that in the event of mismatch between the signature(s) as per KRA / CERSAI / RTA/ AMC records and those affixed upon the transaction forms, the transactions are liable to be rejected.
- ORO Wealth or MFUI at its discretion may call for physical submission of CRF along with supporting documents and specimen signatures. ORO Wealth or MFUI reserves the right to seek any additional information / confirmation (oral / written) as it may deem necessary to authenticate the eCAN.
- I /We agree not to misrepresent my / our identity or provide information about any other person in the eCAN process or violate the legalrights of any person by creating a CAN on his /her behalf.
- I / We hereby declare that:
- I / We have read and understood the information, requirements and the instructions mentioned in this Form (including the FATCA & CRS instructions) and hereby confirm that the information provided by me / us on this form is true, correct and complete to the best of my / our knowledge and belief and provided after necessary consultation with tax professionals.
- I / We hereby agree and confirm to inform ORO Wealth / MFUI / AMC / Mutual Fund / Trustees for any modification to this information promptly.
- I / We further agree to abide by the provisions of the Scheme related documents inter alia provisions on Foreign Account Tax Compliance Act (FATCA) and Common Reporting Standards (CRS) on Automatic Exchange of Information (AEOI).
- In case any of the information is found to be false or untrue or misrepresenting, I / We am / are aware that I / We may be liable for it.
- I / We have provided all the necessary documents / annexures, wherever asked for, to substantiate the information provided by me / us in the form and agree to provide any further information if required, for this registration.
- I / We hereby agree and authorize ORO Wealth or MFU to map our existing and future folios with Mutual Funds to this CAN and update the information provided hereinabove in these folios from time to time.
- I / We acknowledge and grant no objection to ORO Wealth to forward or transmit any data or my personal information to MFUI / AMC / KRA / Trustees etc for the purpose of obtaining a Common Account Number or a PayEezz Reference Number and/or to update the KYC records. Additionally, all transaction details recevied by ORO Wealth would be used for providing portfolio tracking services.
- I / We agree to indemnify ORO Wealth or MFUI from and against any claims, actions or demands, including without limitation legal fees alleging or resulting from the breach of any illegal, unauthorized or fraudulent usage of eCAN or the breach of terms and conditions contained herein.
Moneyfeed
- The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
- By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
- You retain any ownership rights you have in Your Content, but you grant Orowealth the following license to use that Content: When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Orowealth. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
- Any ideas, suggestions, and feedback about Orowealth or our Services that you provide to us are entirely voluntary, and you agree that Orowealth may use such ideas, suggestions, and feedback without compensation or obligation to you.
- Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, a violation of our Content Policy, or if you otherwise create liability for us.
- I/We hereby give you my/our consent to generate any account statements including consolidated accounts statements and MFU Holdings statements on my behalf
- I/We hereby give you my/our consent to use any document provided by me/us to Alpha Fintech Private Limited and its subsidiaries including but limited to PAN card, address proof, signature copy for opening my account with MF Utility and for KYC filing and record keeping purposes.
- I/We hereby agree that Alpha Fintech Private Limited will have no liability in case my KYC or CAN is either not completed or rejected/suspended for any reason
- I/We hereby give you my/our consent to use any data related to me including but not limited to portfolio composition and value for internal analytics and reporting purposes.
- I/We hereby give you my/our consent to share/provide the transaction data feed/portfolio holdings/NAV. etc in respect of my/our investments under Direct Plan of all Schemes managed by you to the SEBI Registered Investment Adviser (INA 000005549 and INA 000010089) whose code is mentioned here.
- ORO Wealth can retrieve your signature from PAN card for on-boarding process and also to setup one time debit mandate with your bank to transfer funds to MFU Escrow account only.
- ORO Wealth will have access to your mutual fund holdings which are retrieved from MF Utilities India PVT LTD.
- We provide a feature called AutoSync to import your external portfolio of mutual funds and stocks on to Orowealth platform. And if you have opted in for AutoSync, Orowealth will read your email inbox to regularly upload your portfolio.
Orowealth P2P
Alpha Fintech Pvt. Ltd. and its subsidiaries, employees and directors (Registered Investment Adviser (INA000005549) and (INA000010089) , referred to as "Oro", "Orowealth", "ORO Wealth") makes no warranties or representations, express or implied, on products offered through the platform. It accepts no liability for any damages or losses, however caused, in connection with the use of, or on the reliance of its product or related services. Terms and conditions of the website are applicable. Orowealth will not share any personal information it collects with any third party, except for the cases specified in our Privacy Policy
- Orowealth P2P is an investment product by.Orowealth in partnership with Liquiloans. The Orowealth P2P website is owned and operated by Orowealth. The website is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Orowealth.
- LiquiLoans is registered P2P Platform, as per the existing regulations of Reserve Bank of India and its products and services are regulated by Reserve Bank of India at present. LiquiLoans is not operating a Portfolio Investment Scheme as defined under the regulations of Securities Exchange Board of India (SEBI) and Members will retain discretion over the Funds described in the manner in these Terms. You can read their Lender Terms & Condition here and there Privacy policy here.
- By using this Orowealth P2P Website and accordingly the services of Orowealth you, the end user unconditionally agree to the terms and conditions that we have provided herein for the use of our Website. By checking any acceptance boxes, clicking any confirmation buttons, submitting any text or content or simply by making any use of the Website, you (i) accept the Terms of Use that appear here and agree to be bound by each of its terms, and (ii) represent and warrant to Orowealth that: (a) You are at least Twenty one (21) years of age and have the authority to enter into these Terms; (b) these Terms are binding and enforceable against you; (c) to the extent an individual is accepting these Terms on behalf of an entity, such individual has the right and corporate authority to agree to all of the terms set forth herein on behalf of such entity; and (d) You have read and understand Orowealth’s Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the "Privacy Policy"), and agree to abide by the Privacy Policy.
- The Orowealth P2P website gives you an introduction to the services and products of Oroweath P2P. However, this is not an offer or solicitation of any nature by Orowealth. Any information, projection or assumption included on the Orowealth P2P website is not intended to give you any legal, financial, taxation or other professional advice and, should you propose to use any of the products or services described on this Website or otherwise deal with Orowealth P2P, you are strongly advised to obtain appropriate independent professional advice before proceeding. Every effort has been made to ensure, that the information contained on the Website is correct, however we makes no warranty as to the accuracy, comprehensiveness, or correctness of any of the information, services or products on this Website. Whilst we will try to keep the information on this Website up-to-date and accurate, no warranties or representations (whether express or implied) are made by Orowealth P2P or anyone connected with Orowealth (including their officers, agents, employees, affiliates and/or advisers) concerning the completeness, accuracy or reliability of any matter included on this Website or any other information provided by Orowealth P2P to you or to any Member in connections with any Orowealth product or service.
- The contents of the Website are owned by and copyrighted by Orowealth and reproduction of all or any part of this Website is prohibited without Orowealth’s prior written consent. "Orowealth P2P" is a trademark used by us and no license or right is given to you to use this name. Any links to other websites are provided for your convenience only and their inclusion does not mean that Orowealth endorses or approves of those Websites nor does Orowealth accept any responsibility for any matter contained on those other Websites. Orowealth is not responsible for any delays or loss of or corruption of data as a result of either the use of Orowealth P2P Website by you or your communications over the internet with Orowealth P2P, which are entirely at your risk. We will not accept any responsibility for any losses, claims or damages of any kind, whether direct or indirect or special or consequential or otherwise howsoever arising in relation to the foregoing.
- You may browse the Website and view some content without registering, but as a condition to using certain aspects of the Website, you are required to register with Orowealth P2P, by creating an account. On creating an account, an investment account with LiquiLoans as a lender is created by accepting the Lender Agreement (Here) and Terms & condition (here).
- You agree that all personal information and data about you that is obtained by Orowealth through Orowealth P2P Website may be used and disclosed in accordance with Orowealth & LiquiLoans's Privacy Policy, the terms of which you accept.
- In the event of any claim made against Orowealth P2P, and/or the respective officers, agents, employees and/or affiliates (“Indemnified Parties”) in respect of any breach of any of your obligations under these Terms, you agree to indemnify and hold such indemnified parties harmless against all damages, losses costs and claims thereby incurred.
Grievance Redressal
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to Grievance Officer, at [email protected] or write at the following address:
Mr. Vijay Kuppa
Grievance Redressal Officer
Orowealth
Address:Ascend Co working, B 205-206,
Dhanashree Heights,
Off Veera Desai Rd, Andheri West,
Mumbai, Maharashtra 400058We request You to please provide the following information in your complaint:
- Identification of the information provided by You.
- Clear statement as to whether the information is personal information or sensitive personal information.
- Your address, telephone number or e-mail address.
- A statement that You have a good-faith belief that the information has been processed incorrectly or disclosed without authorization, as the case may be.
- A statement, under penalty of perjury, that the information in the notice is accurate, and that the information being complained about belongs to You.
Safely Auto-Track your Portfolio
You can choose to provide explicit consent to connect your Gmail account with Orowealth account (using Google’s OAuth authentication method), so that the application / website can “read only” the attachment from a small white listed set of senders specifically comprising
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
- [email protected]
If the sender email ids are changed then we will notify you and also update this Privacy Policy.
The attachments from these senders have the details of your investments such as Folio numbers, Transaction Dates, Dividends, Subscription and Redemption Amounts, etc. Orowealth organises this information in your account to provide deep analytics.
The benefit of opting to connect your Gmail account is that your investment information gets updated automatically every month. Given the updated information, the application can hence give you deep and accurate analytics on your investments.
You can choose to de-link your Gmail account with the application at any time and/ or you can delete your information by writing to [email protected] Alternatively, you can also de-link your email by visiting Google Mail’s permission settings located at: myaccount.google.com/permissions
This act of connecting your Gmail accounts with Orowealth accounts comes under the “Restricted scopes” under Google API services user data policy.
Google OAuth API Scopes (Restricted scopes):
Orowealth ensures that it is always in compliance with the restricted scope defined under Google OAuth API policies.
- Orowealth limits use of data to provide or improve your user experience. Connecting your Gmail account with Orowealth is completely optional and based on your explicit consent for only specific use cases as has been described in this Privacy Policy. The benefit of this option is that you do not need to keep updating your investment information every month. Given the updated information, the application can hence give you deep and accurate analytics on your investments. You can choose to de-link your Gmail account with the application at any time and/ or you can delete your information by writing to [email protected] Alternatively, you can remove access to Orowealth from Google Mail’s permission settings located at: myaccount.google.com/permissions.
- We only transfer the data to others if necessary to provide or improve user-facing features that are prominent in the requesting application's user interface. We may also transfer data as necessary to comply with applicable law or as part of a merger, acquisition, or sale of assets with notice to users. All other transfers or sales of the user data are prohibited.
- We don't use or transfer the data for serving ads, including retargeting, personalized, or interest-based advertising and we do not allow and we prohibit access to any of the third party analytics providers.
- We don't allow humans to read the data, unless :
- We first obtain your affirmative agreement for specific messages;
- It is necessary for security purposes (such as investigating a bug or abuse);
- It is necessary to comply with applicable law; or
- Our use is limited to internal operations
These prohibitions of user of data apply to the raw data obtained from Restricted Scopes and data aggregated, anonymized, or derived from them. Our employees, agents, contractors, and successors comply with the “Google API Services: User Data Policy”.
Amazon Save & Shop
- “Save & Shop” shoping goal shall mean an investment into a basket of pre-identified liquid mutual fund scheme(s) funds that are disclosed to the investor prior to making the investment. The amount invested in the Save & Shop shopping goal will be subject to time and amount based limits and/restrictions at Orowealth’s discretion. Mutual funds are subject to market risks and none of the parties mentioned here make any representation with respect to the performance and/or the return(s) of any Mutual Fund scheme(s).
- “Investment Advice” means any advice relating to investing in, purchasing, selling or otherwise dealing in securities or investment products, and advice on investment portfolio containing securities or investment products, whether written, oral or through any other means of communication for the benefit of the investor;
- “Investor” shall mean an investor who has opted to invest in the Save & Shop shoping goal.
- “Orowealth” means Alpha Fintech Private limited and "its group of companies".
- “Amazon Pay Gift Card” means an Amazon Pay Gift Cards issued by Qwikcilver Solutions Private Limited
- “Gift Card Offer” means the option provided by Orowealth to the Investor to apply in full or part of the redemption amount from their Save & Shop shopping goal for the purchase of Amazon Pay Gift Card(s) during the offer period and get an additional 3% top up on the Gift Card purchase amount;
- “Offer Period” means the period during which the investor can redeem all or part of their investments in the Save & Shop shopping goal and get an option to purchase Amazon Pay Gift Card(s) for up to the value of the redemption from the Save & Shop shopping goal. The offer period begins 01-October-2020 and ends 30-November-2020 both days inclusive. Orowealth reserves the right to modify the offer period and any such change will be announced in advance on the Save & Shop account page on the Orowealth website and mobile application as well by way of an email to the registered email address of the Investor.
- “UPI Payment Mode” shall mean UPI payments from a valid bank account of the Investor.
- 1. I hereby understand, agree and acknowledge that:
- (i) the purchase of Gift Cards is an optional facility for the use of proceeds from the redemption of the entire or part of the amount invested in the Save & Shop shopping goal. This option to purchase the Gift Cards shall be available only on the redemptions from the Save & Shop shopping goal initiated during the Offer Period.
- (ii) Purchase of Amazon Pay Gift Card(s) shall be eligible under this Gift Card Offer only when the UPI Payment Mode is used for the purchase of Amazon Pay Gift Card(s).
- (iii) Amazon Pay Gift Card(s) is subject to the terms and conditions as may be issued by Qwikcilver Solutions Private Limited. These can be viewed at this link. I have read, understood and agreed to all such terms and conditions.
- (iv) Neither Orowealth nor Amazon Pay (India) Private Limited or Qwikcilver Solutions Private Limited has provided any Investment Advice to me in connection with the utilization of the redemption amount or part thereof from my Save & Shop shopping goal for purchase of Gift Card(s) and that I have made my own informed decision in relation to the same.
- (v) upon the successful claim of the Amazon Pay Gift Card(s) to the Amazon Pay Balance associated with either email or mobile number provided by me, Orowealth will have no responsibility or liability, directly or indirectly, towards me with respect to the Amazon Pay Gift Card(s).
- (vi) Orowealth’s role in relation to the Gift Card Offer is limited to facilitating the purchase of Amazon Pay Gift Card(s). Orowealth shall under no circumstances be responsible, directly or indirectly, for any deficiencies in the Amazon Pay Gift Card(s) once such Amazon Pay Gift Card(s) is successfully claimed & added to an Amazon Pay Balance account associated with either email or mobile number provided by me. The Gift Card(s) to be provided to me is not the product and service of Orowealth and therefore Orowealth shall not in any way be deemed to be making any representation or warranty whatsoever in connection with the Gift Card(s), including in relation to its adequacy or validity.
- (vii) the terms and conditions of this Gift Card Offer are governed by and construed in accordance with Indian law. Further, the courts of Bengaluru shall have exclusive jurisdiction in relation to the terms and conditions of this Gift Card Offer.
Orowealth FD User Dislclosure
The User hereby declares/confirms that:- All FDs are made by me and are for my own behalf and not acting as front or on behalf of someone else.
- All payments made through Orowealth, for investments in Fixed Deposit Product(s), shall be only from my own Bank Account and out of funds obtained from legitimate sources. In case of a joint bank account, I am one of the holders of such bank account and is also authorized by the other joint bank account holder for making such transactions.
- I understand that all the investment in Fixed Deposit products are subject to the respective Financial Institutions Terms and Conditions and I agree to abide by the same.
- The said investments in FDs do not contravene any Act, Rules, Regulations, Notifications or Directives of the provisions of the Income Tax Act, Anti Money Laundering Laws, Anti-Corruption Laws or any other applicable laws enacted by the Government of India from time to time.
- I understand that Alpha Fintech Pvt. Ltd. may share/collect my Personal and Transactional information with/from its Group Companies, Vendors, Business Partners, Financial Institutions and other third
- I understand that Alpha Fintech Pvt. Ltd. may share/collect my Personal and Transactional information with/from its Group Companies, Vendors, Business Partners, Financial Institutions and other third parties, in order to (a) provide the services mentioned herein and/or (b) to ensure smooth execution of Users Request and/or (c) to customize offers/products/services and to provide seamless experience and/or (d) for cross selling.
- I understand that Alpha Fintech Pvt. Ltd. and/or its group companies or their authorised agents can contact me for verifying my details, offering support and information on suitable products, assisting in closing a sale or sharing related information, promotional messages, renewal reminders, claim assistance etc.
- Thereby give consent to Alpha Fintech Pvt. Ltd. to provide electronic confirmation feeds to the concerned FI regarding acceptance of the terms and conditions by the me and/or for doing transactions through the Orowealth and/or any other confirmation/document/details as may be required by the Fl from time to time relating to my transactions as may be required under applicable Laws.
- I hereby give consent to the concerned Financial Institutions for sharing information with Alpha Fintech Pvt. Ltd, in any manner, about my transactions, executed through Orowealth
- I accept Orowealth’s Privacy Policy and Terms & Conditions.
Bajaj Finanace Fixed Deposit Terms & Conditions
- ACCEPTANCE OF DEPOSITS:
- (I) Bajaj Finance Limited (hereinafter referred to as the 'Company'/'BFL') shall accept fixed deposit (“Deposit”) at its sole and absolute discretion and subject to the terms and conditions contained herein.
- (ii) The applicant agrees and acknowledges that the applicant (a) is 18 (eighteen) years of age; (b) is of sound mind; (c) can understand, read and write in English language, (d) has read, understood and agrees to be bound by these terms. Where the applicant is a minor, the Company may accept the Application provided the Application is signed by the natural or court appointed guardians of the minor on behalf of the minor and upon submission of such documents as may be required by the Company.
- (iii) The Company does not accept deposits from foreign nationals except Person of Indian Origin. The entities incorporated/registered/ constituted in India and carrying business in India are eligible for placing Deposit with BFL.
- (iv) The Company shall accept Deposits subject to the minimum amount of deposit prescribed by the Company under the Fixed Deposit Application Form (“Application”). In the event amount received by the Company for placing Deposit is less than the minimum amount prescribed in this regard, the Company reserves the right to reject the application for placing the Deposit. No interest shall be payable by the Company in relation to such deposits.
- (v) Deposits shall not be accepted in cash.
- (vi) The applicant agrees to submit all documents and information as may be required by the Company in relation to the Deposit, in such form and manner as may be prescribed by the Company.
- (vii) The Company reserves the right to accept or reject any application received for opening or placing the Deposit without assigning any reason whatsoever. The amount in relation to such rejected Application will earn an interest equivalent to 12M cumulative ROI applicable to the particular customer category at the time of application in case of cases in which depositor has not been identified and cases put on hold due to any reason. The said amount will be refunded within 15 business days for resident individual deposits, 30 days for corporate deposits and 45 days for non resident deposits.
- (viii) The minimum amount, period and rate of interest of the scheme are indicated on cover page of the Deposit Application Form.
- JOINT DEPOSITS:
- (I) Application may be made in joint names subject to a maximum of three applicants. The Deposit will be opened in joint names subject to the condition that all the applicants (a) sign the Application in their individual capacities (b) submit KYC and other documents as specified by the Company and (c) meet the eligibility criteria specified by the Company. Mode of Operation/Amount to be paid upon maturity will be pre- defined basis no. of joint holders (single holding – First Holder, 2 holders – either or survivor, 3 holders – anyone or survivor).
- (ii) All communications in relation to the Deposit will be addressed in the name of the first applicant appearing in the Application.
- (iii) All the payments in relation to the Deposit placed in joint names including interest and maturity proceeds, will be made in the name of the first applicant in the Application including for the purpose of deduction of tax at source and any discharge given by such first applicant in respect to any payments made by the Company will be binding on the other joint applicant(s). The proceeds will be transferred to guardian, if the FD is opened in minor's name.
- FIXED DEPOSIT RECEIPTS
- (I) Fixed Deposit Receipts (“FDR”) will be couriered to the depositor(s) within a period of three weeks from the date of Deposit.
- (ii) In case of change in KYC documents/ status of any of the Applicant, the Applicant shall immediately inform BFL regarding the said change and submit the revised KYC documents/ updated status to BFL, failing which BFL shall not be held responsible for any consequences, actions, claims, loss due to the said change in KYC.
- (iii) Deposit(s) are not transferable and non-assignable. Third party lien on deposit is NOT permitted under any circumstance except in favour of the holding/subsidiary and /or Group Companies of BFL.
- (iv) In the event of loss or destruction or mutilation of an FDR (for any reason) and upon request received by BFL, FDR will be re-issued by BFL in lieu of lost FDR. Notwithstanding the re-issuance of FDR(s), the obligation of BFL is limited to the single FDR only, against which the money has been received by BFL. Under all circumstances, mere re-issuance of FDR(s) by BFL against single deposit of money will not result in duplication of payment or higher liability on the part of BFL. All expenses, if any, incurred in this connection will be borne by the depositor(s).
- INTEREST:
- (I) Individual applicants or primary applicants falling under special category of Senior citizens (i.e. persons more than 60 years of age, subject to provision of proof of age) will be eligible for additional interest at the rate of 0.25% p.a. on Deposit amount of up to Rs.5 (five) crore;
- (II) Individual depositor applying for deposit through BFL online link https://www.bajajfinserv.in/fixed-deposit-application-form? ProductName=FD (where entire journey is concluded through online mode) will be eligible for additional interest at the rate of upto 0.10% p.a. on Deposit amount of upto Rs.5 (five) crore. The applicant will be eligible for only one of the above-mentioned benefits per deposit transaction
- (III) Depositor (s) (individual depositor only and does not include entities) intending to renew the FDR upon maturity will be eligible for additional rate of upto 0.10% p.a. for deposit size up to Rs.5 Crore. Additional rate of interest will be over and above the applicable rate of interest/card rate . In case of online renewal, only renewal benefit will be applicable
- (iii) Rate of interest for bulk deposits for more than Rs.5 Crore per deposit may vary from the published card rate and will be decided on case to case basis but within the cap on Rate of Interest specified by the Reserve Bank of India.
- (iv) Interest payable on a Deposit will be calculated from the date of receipt of the funds by the Company in relation to the Deposit. The dates for interest payments are as follows:a. In case of non-cumulative Deposits:
Monthly interest payments: Last date of month Quarterly interest payments: 31st March, 30th June, 30th September and 31st December Half yearly interest payments: 31st March and 30th September Annual interest payments: 31st March
b. In case of Cumulative Deposits:
Date of maturity of the Deposit
c. Interest calculation methodology
For the purpose of interest calculation, calendar year is taken to consist of 366 days in a leap year and 365 days in a non-leap year. E.g. FD of Rs. 10 lakhs booked on 15-Apr-2020 for tenure 1 year @10 per annum Interest from 15-Apr-2020 till 31-12-2020, will be calculated as:10 lakhsx10 x261/366 days = Rs.71311 Interest from 01-Jan-2021 till 14-Apr-2021 will be calculated as:10lakhsx10 x104/365 days = Rs. 28493/-
d. Payment of maturity proceeds on holiday
1. If maturity falls on a banking holiday, then interest will be paid the next banking working day. The additional interest for the time period will be calculated on maturity value and not principal value 2. In respect of a term deposit maturing for payment on a Sunday or a holiday or a non-business working day, Bajaj Finance would pay interest at the originally contracted rate for the Sunday / holiday / non-business working day, intervening between the date of the expiry of the specified term of the deposit and the date of payment of the proceeds of the deposit on the succeeding working day. - (v) Once the applicant selects the Deposit scheme specified in the Application at the time of opening the Deposit i.e. the scheme, tenor and interest payout frequency, the applicant will not have the option to subsequently revise the Deposit scheme. In the event the scheme is not indicated in the Application received by the Company, the Deposit will suo moto be opened under cumulative deposit scheme for a period of 60 (sixty) months. In case the applicant opts for non-cumulative deposit option but the interest payout frequency is not indicated in the Application, the Deposit will be treated as placed under the annual interest payout frequency scheme.
- (vi) The interest will be paid through National Electronic Funds Transfer (NEFT)/ Real Time Gross Settlement (RTGS) only. In case of any rejection of such instruction for NEFT / RTGS due to any reason, the Company will dispatch interest cheque, in favour of the first applicant in the Application, within 10 (ten) days of the receipt of intimation by the Company from its bank about such rejection
- (vii) Customer may be offered an additional interest rate on a case to case basis (within the scope of Regulatory guidelines) at the discretion of BFL management.
- (viii) For funds received by BFL on or after 01 Feb 2021, new rates will be applicable.
- NOMINATION:
- (I) Nomination facility is available to the applicants. For availing the nomination facility, the applicant(s) is/are required to furnish the nominee details in this application form or applicant will be required to submit a duly filled 'Form DA 1' as prescribed by Reserve Bank of India. The “Form DA 1” is available in the branches of the Company & Company's website at https://www.bajajfinserv.in/ fixedagreements- termsand- conditions (“Website”). Nomination made by the depositor/applicant(s) in the manner prescribed by the Company, shall be binding on all the joint depositor/applicant(s).
- (ii) Upon request of the depositor(s), the Company will arrange to send forms for cancellation of nomination (Form DA 2) and variation of nomination (Form DA 3).
- (iii) Where there is no nomination made by the depositor, either the Indian Court's order/ judgement/ decree will be obtained (as the case may be), directing BFL to pay the deposit to the legal heir.
- PAYMENT AND RENEWAL OF DEPOSIT
- (I) Payments on account of interest and redemption of the Deposit, will be made in the bank account mentioned in the Application or such other bank account intimated by the deposit holder(s) (jointly, if applicable), in writing, to the Company from time to time or by way of cheque in favour of the first applicant appearing in the Application.
- (ii) The Company will make repayment of Deposit on the date of maturity of such Deposit unless it receives any request for renewal within the prescribed period before the date of maturity. The payment will be made through NEFT/RTGS and cheque (in case of rejection of transfer by NEFT/ RTGS), to the bank account of the depositor mentioned in the Application.
- (iii) In the event of death of the sole depositor and/or all the joint depositors, all payment(s) in relation to the Deposit including interest thereon will be made to the nominee appointed by the depositor(s) on production of proof of identity and on execution of such other documents as may be required by the Company in this regard. In the event there is no nomination by the sole depositor, the Deposit amount including interest thereon will be transferred to the legal heirs or legal representatives of the deceased depositor(s), as the case may be, upon submission of Succession Certificate/Letter of Administration/Probate of the Will to the satisfaction of the Company. In the case of joint depositors, the nominee's right to receive the amount of Deposit including interest shall arise only after the death of all the depositors. The nominee, in the event of death of the depositor(s) would receive such amounts in trust for the legal heirs.
- (iv) The depositor should submit a written request for renewal of the Deposit (or a portion thereof) so as to reach BFL atleast 3 (three) business days before maturity date of the Deposit. The written request can be submitted at nearest branch of the Company or sending by post/ courier to the Company or to the independent financial advisors or national distributors empaneled with the Company. No requests for renewal of Deposit shall be accepted post the above-mentioned period. Request for renewal should be accompanied by the Deposit application form duly filled in and signed by all the Deposit holders. Renewal of Deposits will be subject to the rate of interest and other terms & conditions prevailing on the date of renewal. FDR of the existing deposit may not be required at the time of renewal of deposits as it stands null & void post its maturity date.
- (v) In case where the depositor has opted for renewal of deposit through this application form, however, wishes to cancel the renewal request, the depositor should submit a specific written request so as to reach the Company atleast 3 (three) business days before maturity date of the Deposit. The written request can be submitted at nearest branch of the Company or sending by post/ courier to the Company or to the independent financial advisors or national distributors empaneled with the Company. No requests shall be accepted post the above- mentioned period.
- PREMATURE WITHDRAWAL:
- (I) Premature withdrawal is permitted for either one or more deposit provided the FD has completed more than 3 months from the date of issuance. The death claims will be settled in accordance with the terms and conditions applicable to Fixed Deposit.
- (II) A request form for premature withdrawal will have to be given by depositor(s).
- (III) Deposits may be withdrawn prior to the date of maturity subject to the regulations of the Reserve Bank of India in this regard. Please note that premature withdrawal of Deposit (including death cases) is subject to the following conditions:
- (a) Up to 3 (three) months from date of Deposit: Withdrawal of the Deposit is not permitted. However, in the event of death of a depositor, the Company may repay the Deposit prematurely (irrespective of the lock in period) to the surviving depositor (which in the case of joint holders will be the first in the sequence of applicants in the Application) or to the nominee/ legal heir(s) of the deceased depositor, upon the request of surviving depositor/s/nominee/legal heir, as the case may be, and only subject to submission of proof of death and other requisite documents to the satisfaction of the Company.
- (b) After 3 (three) months but before 6 (six) months from the date of the Deposit: Interest shall not be payable.
- (c) After 6 (six) months but before the date of maturity of the Deposit: Interest shall be payable at a rate which is 2 lower than the rate specified for the period during which the deposit plan has run. In case no rate is specified for the Deposit period, interest rate payable shall be 3 lower than the lowest rate being offered by the Company.
- (d) Income tax wherever applicable and deducted at source and remitted to the applicable tax authority by the Company on behalf of the depositor, before premature withdrawal of Deposit(s), shall not be refunded in any circumstance whatsoever.
- LOAN AGAINST PUBLIC DEPOSIT:
'Loan against the public deposit' facility may be provided to depositors against the Deposit(s) placed with the Company, subject to fulfilment by depositor(s) of the eligibility criteria and other conditions, as may be prescribed by the Company in this regard. Loan can be given against deposit only after 3 months from the date of Deposit. The interest rate on such loans shall be 2 higher than the rate of interest provided on the depositor's Deposit. Please note that the loan to deposit value for such loan facility cannot exceed 75 . - OTHER TERMS
- (I) Income-tax, wherever applicable, will be deducted at source on the Deposit in accordance with Section 194-A of the Income Tax Act, 1961 except where appropriate Certificate/form as prescribed under the Income Tax Act, 1961 (refer to Form 15G/H enclosed with the deposit application form) is furnished to Company's registered office at least 2 (two) months prior to the due date of payment of interest. At present tax is deductible if the aggregate amount of interest paid or payable during the financial year exceeds Rs.5,000/- (Rupees five thousand only). It is the sole responsibility of the applicant to provide the Company with a fresh Form 15G/H for every assessment year. Non-submission of relevant form or submission of incomplete/incorrect form may result in tax deduction and BFL will not be responsible for the same. Applicant can also fill Form 15 G/H through Experia. However, if the aggregate amount of interest paid or payable during the financial year exceeds Rs.2,50,000 (Rupees two lacs fifty thousand only) for non senior citizens, Rs.5,00,000 (Rupees five lacs only) for senior citizens and Rs.5,00,000 (Rupees five lacs only) for super senior citizens (aged 80 years and above), then form 15 G/H will not be valid and tax will be deductible. In this respect the extant guidelines as amended from time to time will be applicable. Form 15G/H submitted vide this application will be applicable for all the deposits made under this plan during the financial year. For each financial year, Applicant will have to submit separate Form 15G/H.
- ii) TDS is applied on aggregate interest income earned by the customer and can be adjusted against interest income of any fixed deposits, which may not be proportionate to interest income on specific fixed deposit. Wherever such adjustment is carried out against cumulative fixed deposit, the interest reinvested is post TDS recovery. Therefore, the maturity amount for re-investment deposits varies to the extent of tax and compounding effect on tax for the period subsequent of deduction till maturity.
- (iii) TDS is also deducted on unpaid interest accrued at the end of financial year viz. 31st March.
- (iv) When interest amount is insufficient to recover TDS, the same will be recovered from the principal of the deposit.
- (v) In the event of cheque bounce, the cheque will be sent back to applicant's address mentioned on the Application within 15 (fifteen) days. For all RTO (Return to Origin) cheque cases, the cheque will be held by the Company until the validity of the instrument, post which it will be destroyed without further notice to the applicant.
- (vi) In the event of death of any of the joint depositors, any modification in the names of the deposit holders appearing on the FDR and/or change in the bank account where interest and/or maturity proceeds are to be credited, shall be effected only upon submission of a notarized copy of the death certificate in the name of the deceased depositor along with appropriate instruction, to the Company, issued jointly by all the surviving deposit holder(s), in writing, to carry out such modifications.
- (vii) The Company will send all communications to the deposit holder(s) in electronic form from time to time at the email ID mentioned in the Application and through SMS on the registered mobile number.
- In case of failure in transmission of such communication, the Company will send physical copy of such communication within 10 (ten) days of such failure of transmission.
- (viii) Any change in the address, email ID, bank account etc., mentioned in the Application shall be effected by the Company only on the basis of written instruction signed by all the concerned deposit holder(s).
- (ix) The Company reserves the right to alter, amend or delete any or all the conditions stipulated above or to vary them in special cases or to accept Deposits only for such periods as it may decide from time to time and to repay the Deposits prematurely before the date of maturity.
- (x) The accompanying advertisement inviting fixed deposits forms part of the Deposit Application form.
- (xi) Disputes, if any, arising in connection with the Deposit, will be subject to the exclusive jurisdiction of Courts at Pune.
- (xii) By submitting this Application, the Applicant(s) hereby expressly consent and authorise BFL/ its representatives/its agents/ its business partners/its group companies*/its affiliates to send the Applicant any communication regarding products/services offered by them using various communication channels, such as, telephone, calls/SMS/bitly/bots/emails/post etc., irrespective of rejection of this Application.
- (xiii) Requests related to any change in bank details should reach us at least 7 days prior to the interest or maturity payment
- HOW TO APPLY
- (I) Applicant(s) are requested to go through the terms and conditions as mentioned above. These terms and conditions form part of the Application.
- (ii) The attached deposit application form should be duly filled and signed by the applicant(s). The amount should be deposited only by online transfer or by a CTS compliant account payee cheque drawn in favour of 'Bajaj Finance Ltd Fixed Deposit Account Number 00070350006738' clearly stating the deposit amount alongwith the application number on the rear side of the cheque.
- (iii) In case of investment through cheque, application form alongwith the cheque and required documents may be submitted with any of Company's branch or authorised distributors. For investment through NEFT/RTGS, please use the following details: Beneficiary Name: Bajaj Finance Ltd, Bank acc no.: ZBAJAJFD (numerical account number is replaced by CMS Collection code – ZBAJAJFD), Account type: current account, Bank Name: IndusInd Bank Ltd, IFSC: INDB0000006, Bank branch: Nariman Point, Mumbai. Applications can also be made online by visiting HYPERLINK www.bajajfinserv.in/fixed-deposit or any of our affiliated partner websites or apps.
- For any investment queries or information about our affiliated partner websites, write to us at HYPERLINK "mailto:[email protected]" [email protected] or call us on +91 8698010101
- (iv) Introduction of all the applicants is compulsory. Such introduction may be by any one of the following methods:
- (a) The applicant can also obtain introduction from any other fixed deposit holder with BFL. The said existing depositor will be required to disclose his/her name and fixed deposit receipt number and provide his/her signature, as per specimen signature in BFL records;
- (b) The applicant can also introduce himself/herself by producing original of any one of the documents (which contains the photograph of the applicant) mentioned in the list of Mandatory and Officially Valid Documents provided in the Application and a recent coloured photograph to BFL for verification. The aforesaid coloured photograph and a copy of such document produced is required to be attached with the Application.
- 11. IMPORTANT INFORMATION
- (I) In the event of non-repayment of the Deposit or part thereof as per the terms and conditions of such Deposit, the depositor may approach National Company Law Tribunal, Mumbai Bench at: 6th Floor, Fountain Telecom, Building 1, Mahatma Gandhi Road, Fort, Mumbai, Maharashtra 400001.
- (ii) In case of any deficiency by the Company in servicing its Deposit, the depositor may approach the National Consumers Disputes Redressal Forum, the State Level Consumers Disputes Redressal Forum or the District Level Consumers Disputes Redressal Forum for relief.
- ACCEPTANCE OF DEPOSITS:
SafeGold
- Introduction:
- (i) This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the 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.
- (ii) This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of the platform.
- (iii) PART I AND PART II OF THESE TERMS OF USE SHALL BE COLLECTIVELY REFERRED TO AS THE ‘TERMS’ AND SHALL ALWAYS BE READ TOGETHER.
- DEFINITIONS
2.1. For the purpose of these Terms, wherever the context so requires, the term:
- (i) “Customer” shall mean any individual, who as the counterparty transacts using the Platform for buying Gold (as defined below), taking delivery of Gold and/or selling back the Gold to DGIPL or any other buyer as outlined in these Terms.
- (ii)“Gold” shall mean 24 karat gold of 99.5% purity or higher, offered to the Customer by DGIPL under the brand name “SafeGold”.
- (iii) “Gold Account” shall mean the account created whether by You or otherwise, in accordance with these Terms.
- (iv) “Gold Account Information” shall mean the information provided by You for the purpose of creation of the Gold Account.
- (v) “Customer Request” shall mean a Delivery Request, Sale Request or Exchange Request placed by You in relation to the Customer Gold.
- (vi) “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Platform Provider and/or DGIPL and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of The Platform Provider and/or DGIPL and which The Platform Provider and/or DGIPL is not able to overcome.
- (vii) “Payment Instrument” shall mean any electronic or written cheque, draft, money order or other electronic or written instrument or order for the transmission or payment of money, whether or not the instrument is negotiable.
- (viii) “Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
- (ix) "Platform" shall mean, and include, the mobile application and website by the name and style of www.isntantmf.com, that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform.
- (x) “Transfer” refers to a facility to transfer Gold from a Gold Account to another Gold Account.
“Transfer” refers to a facility to transfer Gold from a Gold Account to another Gold Account.
- TERMS AND CONDITIONS OF SERVICES BEING PROVIDED BY DGIPL
- (i) Digital Gold India Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 1902 Tower B, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai, Maharashtra 400013, ("DGIPL") will be selling gold and providing services of safe keeping/vaulting and delivery/fulfilment of gold and related services thereto to the Customers, on or through the Platform (“Services”).
- (ii) The Gold is being offered for purchase and/or sale by DGIPL under its brand name “SafeGold”. The Services are being provided by DGIPL. www.instantmf.com is only facilitating the collection of payments for the Services on its Platform (“Platform Provider”). The Platform Provider assumes no liability for the Services except for providing payment services and Customer Support in addressing the queries related to the Services and payments made in relation thereto. Any and all of the transactions relating to the Services are being rendered by DGIPL in association with the Intermediaries (namely the Security Trustee and Vault Keeper) with whom separate agreements have been entered into by DGIPL.
- (iii) The Gold is being offered for purchase and/or sale by DGIPL under its brand name “SafeGold”. The Services are being provided by DGIPL. www.instantmf.com is only facilitating the collection of payments for the Services on its Platform (“Platform Provider”). The Platform Provider assumes no liability for the Services except for providing payment services and Customer Support in addressing the queries related to the Services and payments made in relation thereto. Any and all of the transactions relating to the Services are being rendered by DGIPL in association with the Intermediaries (namely the Security Trustee and Vault Keeper) with whom separate agreements have been entered into by DGIPL.
- (iv) DGIPL and/or the Platform Provider do not guarantee any returns, on any transactions consummated vis-à-vis the Platform, to any person, either directly or indirectly. The Customer (hereinafter referred to as “You”, with the term “Your” being construed accordingly) shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms of Use. You further acknowledge and agree that DGIPL and/or The Platform Provider and its officers, directors, employees, agents and affiliates will have no liability for Your purchase or other decisions using the Platform.
- (v) The Services by DGIPL shall be provided for a term commencing from the date of creation of the Gold Account.
- (vi) You understand and acknowledge that the Services are being provided and made available on an “AS IS” and “AS AVAILABLE” basis. The Platform may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from Your device and/or any device used by You to connect to the Platform as well as from peripherals (including, without limitation, servers and computers) connected to any of the above-mentioned devices. You assume all risks and costs associated with Your use of the Services and the Platform, including without limitation, any costs incurred for the use of Your device and any damage to any equipment, software or data.
- (vii) You confirm that you are not registered under the Goods and Services Tax Act, 2017 and that if, in the course of your relationship with DGIPL, you become registered under the Goods and Services Tax Act, 2017, you shall inform DGIPL of your change in status immediately, and provide any relevant information and documents, as may be requested.
- SECURITY TRUSTEE, INTERMEDIARIES AND SAFE KEEPING ARRANGEMENT
4.1 Appointment of Intermediaries
- (i) DGIPL or the Security Trustee (as the case may be) may from time to time appoint intermediaries who shall assist DGIPL in providing the Services to You (“Intermediaries”). The term, “Intermediaries” shall mean the Security Trustee, Vault Keeper and shall include any and all Persons appointed by DGIPL or the Security Trustee (as the case may be) upon placement of a Customer Order (and successful payment of monies in lieu thereof) till the consummation of the Customer Requests placed by You in accordance with these Terms. You hereby consent to the appointment of such Intermediaries, for and on Your behalf, by DGIPL or the Security Trustee (as the case may be).
- (ii) You acknowledge and understand that these Intermediaries have been appointed to ensure that Your Customer Orders/Customer Requests are duly complied with in accordance with these Terms. You additionally acknowledge that certain payments will have to be made to these Intermediaries for their appointment and services in relation thereto, which shall be borne by DGIPL on Your behalf unless otherwise indicated in these Terms.
- (i) You hereby acknowledge and agree that in order to ensure that Your Customer Orders/Customer Requests are fulfilled in all circumstances, a first and exclusive charge on the Customer Gold by way of hypothecation will be created in favour of IDBI Trusteeship Services Limited or any successor Person (“Security Trustee”).
- (ii) By accepting these Terms, You further agree to accede to the terms for such arrangement with the Security Trustee (i.e., a security trustee agreement) and for creation of the charge over the Customer Gold by way of a deed of hypothecation or the like (collectively, “Security Trustee Agreements”). By clicking on “I Accept”, You acknowledge that You will accede to the Security Trustee Agreements (upon such date) as if You had been named as an original party to the same and had executed each of such Security Trustee Agreements; and will be bound by all the terms and conditions of the Security Trustee Agreements.
- (iii) In the event of any expenses or charges remaining payable to any Intermediaries or otherwise till actual delivery or fulfilment of any of Your Customer Orders/Customer Requests for any reason, including where DGIPL is unable to pay these expenses or charges for any reason whatsoever, thereby adversely effecting or jeopardizing the fulfilment of Your Customer Orders/Customer Requests, then the Security Trustee will be entitled to sell part of the Customer Gold and satisfy such outstanding expenses or charges as required in accordance with these Terms read with the Security Trustee Agreements. The sums due to You and/or gold to be delivered (as the case may be), after settling the aforementioned charges, would be dealt with in accordance with these Terms read with the Security Trustee Agreements.
- (iv) By way of these Terms, You authorize the Security Trustee to act on Your behalf to ensure that Your interests are adequately protected.
- (i) Gold purchased by You corresponding to the Customer Order shall be stored with a custodian in a vault on Your behalf (“Vault Keeper”).
- (ii) You hereby authorize (i) appointment of such Vault Keeper to safe keep the gold purchased; and (ii) DGIPL to store such gold products purchased by You, including, but not limited to, bullion, coins or jewellery (as the case may be) in the secured vault on Your behalf (“Customer Gold”). It is hereby clarified that Your purchase of the gold corresponding to the Customer Order shall be deemed to be completed and title in relation thereto shall be deemed to have been passed upon such relevant portion of the Customer Gold being stored in the vault with the Vault Keeper on Your behalf or upon a final invoice being issued by DGIPL in accordance with these Terms, subject to applicable laws.
- (iii) To ensure that the Customer Gold stored in such vault is adequately protected, necessary insurance policy/ies has been obtained by the Vault Keeper, where the cost of insurance to safe keep the same will be borne by the Vault Keeper. Pursuant to such insurance policy/ies, for any loss or damage to the Customer Gold stored in the vault, You further authorize the Security Trustee to act as Your beneficiary under the insurance policy/ies and to take all steps necessary to protect Your interests.
- (iv) While the Vault Keeper has taken the necessary insurance policy/ies, in case of occurrence of an event not covered in such insurance policy/ies, the Customer Gold may be at risk. The insurance policy/ies obtained by the Vault Keeper are in line with the global industry practices and cover losses due to fire, lightning, theft, cyclone, earthquake, flood, etc. but do not cover losses due to events such as war, revolution, derelict weapons of war, nuclear radiation, etc.
4.2 Appointment of Security Trustee
4.3 Safe Keeping/Vaulting of Gold
- TRANSFER OF GOLD
- (i) DGIPL may offer Customers the ability to gift Gold purchased by the Customer, to a recipient of their choice. This will be offered as the “gift gold” feature.
- (ii) Neither DGIPL nor the Platform Provider shall be responsible for the acceptance or rejection of the “gift” by the intended Recipient, or for verifying the correctness of the mobile number or other identification information provided for the intended Recipient by the Customer.
- (iii) Gold gifts shall be final, and DGIPL shall not be responsible for amending, altering or otherwise reversing the transaction in case the gift is delivered to an unintended recipient due to any error on the part of the Customer.
- (iv) However, in case the intended Recipient does not accept the “gift” within the prescribed time, the gold balance shall revert to the Customer’s gold account.
- (i) DGIPL may also offer Customers the ability to exchange their purchased gold for jewellery through a partnership with reputed jewellery chains (“Jeweller Partner”). This will be offered as part of the “exchange for jewellery” feature.
- (ii) Customers may opt for this functionality by following the procedure described on the Platform or by DGIPL. The transaction shall only be initiated upon the express instructions of the Customer to the Jeweller Partner.
- (iii) Customers will be sent an OTP by DGIPL to verify the transaction and confirm that they wish to proceed with the transfer of gold balance to the selected jeweller partner. By communicating the OTP to the Jeweller Partner, You agree to allow DGIPL to debit your gold account balance to the extent required for the purchase of your chosen jewellery product.
- (iv) Any additional charges for the jewellery product selected shall be borne by the Customer.
- (v) Once a transaction has been deemed to be final and an invoice generated for the transaction, Customers shall not have the ability to cancel or request for a refund, unless specifically allowed by DGIPL or the Jeweller Partner.
5.1 DGIPL may offer You the ability to transfer your gold to another recipient, by means of the “gift” feature, or as part of another product function, such as exchanging Your gold balance for jewellery through a partner of DGIPL empanelled for this purpose.
5.2 Any such transfer of gold from you to another recipient shall only be valid if exercised through a method or functionality offered by DGIPL.
5.3 Gifting Gold:
5.4 Exchange for Jewellery
- STORAGE OF GOLD
- (a) take delivery of the gold in question for any reason whosoever (including where You shall not have provided any address to take delivery of such gold);
- (b) provide the details for a valid bank account into which the proceeds of any sale of such Customer Gold is to be deposited;
You are required to take delivery of Your Customer Gold within such maximum period as shall be specified for this purpose by DGIPL from time to time on the Platform (“Maximum Storage Period”). For the purposes of making delivery to You, You are required to provide a valid address and/or any other documents/information/ biometric identification that may be specified in this regard by The Platform Provider and/or DGIPL on the Platform from time to time. You may provide such address at any time during the Maximum Storage Period. In the event that no valid address has been provided by You during the Maximum Storage Period, then The Platform Provider and/or DGIPL shall for a period 1 year commencing from the date of expiry of Maximum Storage Period (such period being the “Grace Period”) attempt at least once to contact You using the contact information provided by You to obtain either (i) an address to which You would require the gold in question to be delivered or (ii) Your bank account details into which sale proceeds of the Customer Gold shall be deposited. In the event that The Platform Provider and/or DGIPL has not been able to contact You during the applicable Grace Period using the contact information provided by You or where You shall during the Grace Period either fail to:
then upon expiry of the applicable Grace Period for the Customer Gold in question, DGIPL shall purchase such Customer Gold with the purchase price being the applicable prevailing price displayed on the Platform for purchase of gold from Customers. The purchase proceeds realized from such sale (“Final Sale Proceeds”) after deducting any amounts payable to DGIPL as storage charges for storage of such gold after the Free Storage Period, shall be deposited into a bank account operated by the Security Trustee who shall be the sole signatory to such bank account. In the event that You shall during a period of 3 years commencing from the date of expiry of the applicable Grace Period (such period being the “Final Claim Period”) notify either The Platform Provider, DGIPL or the Security Trustee that You are claiming the applicable Final Sale Proceeds, the Security Trustee shall issue suitable instructions to transfer the Final Sale Proceeds to such bank account as You shall notify for this purpose. Please note that to claim the Final Sale Proceeds You will be required to provide details of a valid bank account and that the Final Sale Proceeds will not be transferred in the absence of such details. At no time will the Final Sale Proceeds be paid to you in cash. In the event that You shall not claim Your Final Sale Proceeds within the Final Claim Period, then the Final Sale Proceeds shall be transferred to the Prime Minister’s Relief Fund or such other fund as You may designate for this purpose at any time prior to the expiry of the Grace Period.
- FORCE Majeure
If performance under these Terms is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or failure of any device used to access the Platform, or any other act whatsoever, whether similar or dissimilar to those referred to in this section, which are beyond the reasonable control of The Platform Provider and/or DGIPL and could not have been prevented by reasonable precautions then The Platform Provider and/or DGIPL shall be discharged from such performance to the extent of and during the period of such force majeure event. Such non-performance by The Platform Provider and/or DGIPL shall, in no manner whosoever, amount to a breach of its obligations herein.
- Termination OF SERVICES BY DGIPL
- (i) if DGIPL is adjudged bankrupt or declared insolvent;
- (ii) if DGIPL ceases to carry on its business or has communicated to the Security Trustee any intention to cease to carry on its business;
- (iii)if DGIPL breaches any of the terms and conditions under the Security Trustee Agreements or Terms and DGIPL does not remedy such breach within 60 (Sixty) days of being called upon to do so by the Security Trustee;
- (iv)upon any corporate action (excluding any third party corporate action), legal proceedings or other procedures or steps being taken in relation to the suspension of payments, winding up, dissolution, administration, provisional supervision or reorganization or restructuring (by way of voluntary arrangement, scheme of arrangement or otherwise) of DGIPL;
- (v) upon DGIPL commencing a voluntary proceeding under any applicable bankruptcy, insolvency, winding up or other similar applicable law now or hereafter in effect, or consenting to the entry of an order for relief in an involuntary proceeding under any such applicable law, or consenting to the appointment or taking possession by a receiver, liquidator, assignee (or similar official) for the whole or a substantial part of its property or takes any action towards its re-organization, liquidation or dissolution;
- (vi) upon an order being made for the winding up, bankruptcy or dissolution of DGIPL, or an application is admitted for initiating any corporate insolvency resolution process against DGIPL in accordance with Applicable Law;
- (vii) upon any encumbrancer lawfully taking possession, or a liquidator, judicial custodian, receiver, administrative receiver or trustee or any analogous officer having been appointed in respect of the whole or a substantial part of the property of DGIPL, or an attachment, sequestration, distress or execution (or analogous process) being levied or enforced upon or issued against whole or a substantial part of the assets or property of DGIPL, or any action has been taken or suffered against DGIPL towards liquidation or dissolution or similar reorganization; or
- (viii) upon a liquidator or provisional liquidator being appointed to DGIPL or a receiver, receiver and manager, trustee or similar official being appointed in respect of DGIPL or any of its assets, or an event analogous.
- (i) it is not possible to accurately predict the time required to make any such distribution; and/or
- (ii) the amount received by You from such distribution may not be sufficient to completely extinguish DGIPL’s liability to You;
8.1 DGIPL, in its sole discretion, may modify, suspend, or terminate access to or may require the Platform to modify, suspend, or terminate access to, all or any portion of the Platform or Your ability to access any Services through the Platform at any time for any reason including termination for breach of any of these Terms or occurrence of a Customer EoD or the Privacy Policy. The term “Customer EoD” shall mean any default by a Customer of its obligations owed to the Security Trustee, under the Security Trustee Agreements provided that for the purposes of enforcing the hypothecation created by You in favour of the Security Trustee, the Security Trustee would be required to first obtain a suitable order / direction passed in its favour from a competent judicial or statutory authority having jurisdiction in the matter.
8.2 These Terms shall further stand terminated:
8.3 Upon the happening of any of the events referred to in Section 8.2., and where there is any insufficiency of DGIPL funds required to pay any costs and expenses to be incurred in relation to providing delivery of Your Customer Gold to You, then in such an event You do hereby authorise the Security Trustee to sell any part of the Customer Gold, that is necessary or required to defray such costs and expenses.
8.4. Pursuant to the Security Trustee Agreements, DGIPL has created a charge by way of hypothecation in favour of the Security Trustee for the benefit of the Customers over: (a) the monies lying in the Collection Account from time to time; and (b) gold purchased by DGIPL from time to time and lying with the Vault Keeper or in transit and, which is the property of DGIPL; (collectively “Security”). Upon the occurrence of any of the events detailed in Section 8.1. and 8.2., the Security Trustee under the Security Trustee Agreements is to: (i) declare all outstanding amounts as due and payable to the Security Trustee forthwith; and (ii) take charge and/or possession of, seize, recover, receive and remove the Security and use the same to discharge any liability of DGIPL to the Customers. You however expressly understand and acknowledge that any enforcement of the Security would always be subject to and undertaken in accordance with the provisions of Applicable Law and therefore:
and consequently, no liability shall accrue to the Security Trustee in relation to the above.
- CONSEQUENCES OF TERMINATION OF SERVICES BY DGIPL
- (I) Fractional amounts for gold holdings of less than 1 (One) gram may be sold and cash in pursuance thereto will be sent directly to Your bank account, after deducting all the requisite charges relating to appointment of Intermediaries (including but not limited to charges due and payable to Intermediaries and any other out of pocket expenses, custody charges, minting and delivery charges) (“Charges”).
- (ii) For larger gold holdings, the Security Trustee shall (to the extent You have not already paid for all the Charges) be allowed to sell part of Your gold to pay for all the Charges to all the Intermediaries. The remaining portion of the gold shall be delivered to You in accordance with these Terms, along with the details of the deductions made and the quantum of gold that You are entitled to receive.
9.1 Upon such termination for any reason whatsoever, subject to these Terms read with the Security Trustee Agreements:
9.2 You acknowledge that the termination of Your access to the Platform and Services may be affected without any prior notice, and the Gold Account may be immediately deactivated or deleted and all related information and/or bar any further access to the Gold Account the Platform or the Services. Further, You agree that The Platform Provider and/or DGIPL shall not be liable for any discontinuation or termination of Services by any third party.
9.3 None of Your content shall remain accessible on the Platform upon termination. This information cannot be recovered by You, once the account is terminated.
9.4 The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
- Governing Law AND DISPUTE RESOLUTION
- These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Mumbai shall have exclusive jurisdiction over any disputes arising under these Terms. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.
- creation of Gold Account AND REGISTRATION OBLIGATIONS
- (i) Prior to placing an order, You may be required to provide certain KYC documentation and other information as may be required by the Platform Provider and/or DGIPL in such form and manner as it may deem fit. This information may be requested from you at the time of registration, or at a later stage.
- (ii) Once such documentation and other information is provided by You to The Platform Provider, You shall be entitled to place an order on the Platform (“Customer Order”).
- (iii) You agree that Your continued use of the Platform, consequent upon the creation of the Gold Account, is subject to verification by DGIPL and/ or The Platform Provider (on behalf of DGIPL), of the information and documentation provided by You. You hereby grant DGIPL and/ or The Platform Provider permission to conduct such verification, in such form and manner as it may deem fit.
- (iV) You further acknowledge that DGIPL and/ or The Platform Provider reserves the right for such verification either on registration of the Gold Account or at any time thereafter. You hereby authorise DGIPL and/or the Platform Provider to engage with any third-party service provider for verification of your KYC documentation to ascertain your eligibility. Any processing undertaken by DGIPL and/or the Platform Provider to process KYC documents shall be in accordance with its privacy policy and these Terms. It is hereby clarified that as far as the permission to access the KYC documents by a third party service provider is concerned, the same shall be governed by the privacy policy of such third party service provider.
- (i) You will be responsible for maintaining the confidentiality of the Gold Account Information, and shall be fully responsible for all activities that occur under the Gold Account. You agree to immediately notify The Platform Provider and/or DGIPL of any unauthorised use of the Gold Account Information or any other breach of security. DGIPL or The Platform Provider cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by DGIPL or The Platform Provider or any user or visitor of the Platform due to authorised or unauthorised use of the Gold Account, as a result of your failure in keeping the Gold Account Information confidential.
- (ii) You shall ensure that the Gold Account Information provided by You in the registration form is complete, accurate and up-to-date. Use of another Customer’s account information for availing of any of the Services and/or for use of the Platform is expressly prohibited.
- (iii) You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if The Platform Provider and DGIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, The Platform Provider and DGIPL through The Platform Provider shall have the right to indefinitely suspend or terminate or block access to the Gold Account on the Platform and refuse to provide You with access to the Platform.
11.1 Before availing the Services, the Customer shall complete registration process as may be prescribed from time to time. The Customer shall follow the instructions given in the Platform for opening a Gold Account. The Platform Provider and/or DGIPL shall be entitled to collect and store relevant information and documents provided by the Customer to the Platform for KYC purposes. As and when required by DGIPL and/or The Platform Provider, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize DGIPL and The Platform Provider to make such enquiries as may be necessary to satisfy about the validity of your identity. You shall be responsible for the correctness of information provided to DGIPL and The Platform Provider from time to time. If You have reasons to believe that there is an error in the information furnished by You, You shall immediately provide correct / updated information.
11.2. The Platform Provider and/or DGIPL through The Platform Provider, reserves the right to terminate any Gold Account, with or without notice to You, in the event the KYC documents / information are found to be incorrect or authenticity of the documents / information is found to be doubtful. You hereby undertake to indemnify and keep indemnified The Platform Provider and/or DGIPL against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account promptly and / or due to incorrect KYC documents / information.
11.3. Know Your Customer (KYC) and Verification
11.4 Customer’s Obligations
- PURCHASE OF GOLD
12.1 You can offer to buy Gold worth Rs.1.00 (Rupee One Only) and above incremental value thereof at the market linked prices of gold shown on the Platform. Market linked prices means that these quotes are linked to the prices of gold in the commercial bullion market in India.
12.2 It is hereby clarified that such market linked prices of gold shall constitute fully binding offers and would be an invitation to offer to purchase gold at the said market prices to all Customers. Notwithstanding the foregoing, You understand that these prices may vary multiple times within a day, and accordingly Your payment obligations for any order will depend on the market linked prices then prevailing. While reasonable efforts will be made to offer You a competitive price for the Customer Gold, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.
12.3 Payment will be accepted through the payment options made available on the Platform, which may include redirection to a Payment Gateway hosted by other third party website or platform, including by DGIPL. At the time of purchase / fulfilment / sale-back / transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations. It is hereby clarified that once a Customer Order is placed, You are not entitled to cancel a Customer Order, provided however that a Customer Order shall stand cancelled if the payment fails for any reason whatsoever.
12.4 The Platform Provider and/or DGIPL reserves the right to cancel a Customer Order, at its sole discretion, if Your information, provided prior to placing the Customer Order, is not found acceptable and The Platform Provider and/or DGIPL are of the opinion that You are not eligible to purchase gold. The Gold Account shall accordingly stand amended. The Platform Provider as well as DGIPL shall have the right to freeze the Gold Account until it receives KYC and other documentation in a form and manner satisfactory to The Platform Provider and DGIPL.
12.5 Once the payments are received by DGIPL and the KYC information is found acceptable, DGIPL shall issue an invoice to You confirming the Customer Order placed within a period of 3 (Three) business days of placing such order, in a manner it may deem fit.
12.6 Notwithstanding anything to the contrary contained in these Terms, The Platform Provider and/or DGIPL shall be entitled to accept or reject a Customer, for any reason whatsoever, at its sole discretion.
12.7 In case of rejection of a Customer Order in accordance with these Terms, where payments have been received by DGIPL, such payments shall be returned to You to the bank account linked to your account, subject to the terms and conditions indicated on the Platform.
- DELIVERY OF GOLD
13.1 This Platform offers Services for Customers who wish to procure delivery of the Customer Gold in accordance with these Terms.
13.2 You shall be entitled to procure delivery of the Customer Gold using the Platform (“Delivery Request”).
13.3 Upon placing the Delivery Request, You shall be required to pay for the applicable charges and confirm the Delivery Request. Your Gold Account shall be provisionally debited corresponding to the quantity of the Customer Gold sought to be delivered (“Delivered Customer Gold”).
13.4 Within a period of 7 (Seven) business days of the Delivery Request being confirmed or such further period as may be required by DGIPL, DGIPL shall arrange for delivery of the Delivered Customer Gold at the shipping address indicated by You. You shall be solely responsible for ensuring that the correct address is furnished by You on the Platform for processing such Delivery Request. You shall not be entitled to change the shipping address after the Delivery Request is processed by DGIPL.
13.5 You should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. If, however, You are of the view that the package delivered has been tampered with, You shall be required to intimate DGIPL immediately of the same, and provide such other information as may be required by DGIPL in this regard (“Return Request”). Within a period of 14 (Fourteen) business days of the original package of Delivered Customer Gold being delivered back to DGIPL, in a manner indicated by DGIPL, and the Return Request being approved by DGIPL, DGIPL shall arrange for re-delivery of the Delivered Customer Gold at the shipping address indicated by You. The costs for such shipping shall be borne by DGIPL. However, in the event of frivolous and unjustified Return Requests made by You, The Platform Provider and/or DGIPL reserve the right to take all action available to it, including black-listing or blocking You from using the Services on the Platform.
13.6 You, upon signing the delivery receipt, acknowledge the receipt of the Delivered Customer Gold in terms of the Delivery Request placed with DGIPL. DGIPL shall not be liable to You for any refund/replacement, under any circumstance, for any subsequent complaints with respect to such deliveries and/or any failure on your part (as the case may be) to comply with these Terms.
13.7 Upon receipt of the Delivery Request by DGIPL, the Gold Account shall be debited for the Delivered Customer Gold from the Gold Account.
13.8 It shall be Your responsibility to ensure that You are available to receive the Delivered Customer Gold at the time of delivery. If You are not available at the time of delivery, DGIPL courier agent may try and deliver the item again before returning the same to DGIPL. In case of return of the Delivered Customer Gold to DGIPL, Gold Account shall be credited for the Delivered Customer Gold, after deducting the charges (if any) due from You, provided however that DGIPL is of the opinion that the packaging has not been tampered with. It is hereby clarified that should a request for re-delivery be made by You, You shall be solely liable to incur the applicable charges for delivering the Delivered Customer Gold.
13.9 In case of DGIPL’s inability to make deliveries of Delivered Customer Gold due to a Force Majeure Event, DGIPL shall intimate You of the same and may require that the deliveries be effectuated through specific modes. In such a case, You hereby agree to bear any additional costs and fees necessary for the delivery to be complete.
13.10 DGIPL will not be able to deliver a fractional quantity of gold below such threshold as DGIPL shall notify for this purpose even if a Customer Request is made for such fractional quantity (“Threshold Quantity”). You are advised to check the Platform periodically to determine the Threshold Quantity as the same may be revised from time to time. In the event that any Gold below the Threshold Quantity is to be delivered to you, then please note that such Customer Gold shall instead be sold by DGIPL based on the sale prices displayed on the Platform and You will instead receive the applicable sale proceeds in Your bank account, details of which are provided by You. If there is any mistake in the account number provided by You, The Platform Provider and/or DGIPL would not be held responsible for the same.
13.11 Notwithstanding anything to the contrary contained in these Terms, DGIPL shall be entitled to reject a Customer Request which is not in compliance with the Terms hereof, and shall intimate the Customer of the reasons for the same.
13.12 Based on the changes made to the Gold Account (in lieu of the Customer Orders and/or Customer Requests), if You are of the opinion that the changes made thereto do not tally with the orders and/or Customer Requests placed by You, You may contact The Platform Provider at care@the Platform Provider.com (or such other address as may be communicated by The Platform Provider in this regard), who shall accordingly take all necessary actions for taking care of any such identified discrepancies.
13.13 It is hereby clarified that the Customer Gold cannot be pledged or transferred by You to any other user, and the Gold Account is non-transferrable, unless specifically allowed by DGIPL. In the event of Your death, if specifically allowed by DGIPL, the title to such Customer Gold lying in the vault and the Gold Account shall transfer to Your legal heirs only after the required due diligence has been conducted. Subsequent to this, Your legal heir(s) shall be regarded as the Customer for the purpose of the Customer Gold and Gold Account thereafter and the Terms shall be applicable to Your legal heir(s).
13.14 It is hereby clarified that the Platform displays the articles that are available for shopping. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. The Platform Provider and DGIPL shall not be liable for any legal action on this account. It shall be the endeavour of The Platform Provider to ensure that all details regarding the product are clearly displayed on the Platform.
13.15 Due to reasons not directly attributable to DGIPL or The Platform Provider, data may be inaccurately displayed on the Platform due to some system errors on the Platform or any device used to access the Platform. The Platform Provider reserves the right to correct any and all errors when they do occur, at its sole discretion, and The Platform Provider or DGIPL shall be entitled to not honour any requests/orders placed by You based on any inaccurate or erroneous prices.
13.16 The prices quoted on the Platform are fixed and not negotiable. The prices on the Platform are also subject to change without notice to You.
- SALE OF CUSTOMER GOLD
14.1 You may be provided an option to sell the Customer Gold during market hours based on the sale prices on the Platform. If the prices are found acceptable to You, You shall confirm the sale request, in a form and manner acceptable to DGIPL (“Sale Request”). Your Gold Account shall be debited corresponding to the quantity of the Customer Gold sought to be sold vide the Sale Request (“Sold Customer Gold”).
14.2 Within a period of 2 (Two) business days of the Sale Request being confirmed or such further period as may be required, the payment, pursuant to the Sale Request, shall be disbursed by DGIPL at the sale prices indicated at the time of placing such Sale Request. DGIPL shall arrange for such payments to be made to Your bank account, details of which are provided by You. If there is any mistake in the account number, ISC code etc. provided by You, DGIPL would not be held responsible for the same.
14.3 It is hereby clarified that DGIPL and/or The Platform Provider will provide this service on a best efforts basis and only when the commercial bullion market is in operation. DGIPL and The Platform Provider do not in any way guarantee that this option will be available to You at all times. Further, the buyer of the Sold Customer Gold may be either DGIPL or another party (being interested in buying the Sold Customer Gold). The Platform Provider and/or DGIPL shall not be held liable for any actions of such third-party purchaser.
14.4 You will be provided with free storage for your Customer Gold for 5 years, or for such period as more particularly stipulated by DGIPL in this regard from time to time at its sole discretion and notified to Customers on the Platform (“Free Storage Period”). After the expiry of the Free Storage Period, DGIPL shall be entitled to levy storage charges for such Customer Gold at such rate as would be specified on the Platform, and which may be revised from time to time. The charges would be levied by deducting the gold balance at the end of each month by a percentage amount at the specified rate. You are advised to periodically check the Platform to understand these storage charges. In the event, DGIPL is not able to deduct the storage charges because Your gold balance is too low, then DGIPL shall be entitled to sell such portion of Your Customer Gold stored with the Vault Keeper that is necessary or required to recover the unpaid storage charges in question.
14.5 While reasonable efforts will be made to offer You a competitive price for the Customer Gold, there is no guarantee that the price offered to You will be close to or comparable with other prices available in the market.
- FRAUDulent transactions
- (i) request further KYC information or other documentation from the User to verify the flagpending further verification, block such Fraudulent User, and/or freeze any accounts associated with them;ged transaction;
- (ii) pending further verification, block such Fraudulent User, and/or freeze any accounts associated with them;
- (iii reverse any such Fraudulent Transaction, to the extent possible, including the sale of any gold purchased by such Fraudulent User, at the prevailing rate;)
- (iv) provide information on such Fraudulent User, along with any other transaction details, to the relevant authorities.
15.1 The Customer should take care not to share their mobile wallet details, personal UPI pin or OTP (“Payment Information”) with any third party intentionally or unintentionally. The Company never solicits Payment Information over a call or otherwise. The Company/Platform/Third Party Services/Payment Gateway partners shall not be liable for any fraud due to the sharing of such details.
15.2 In the event that an individual’s Payment Information or Payment Instrument is fraudulently utilised to purchase gold on the Platform (“Fraudulent Transaction”) from DGIPL, then the Company may share relevant information of such transaction if the victim approaches the Company via proper channels including DGIPL’s customer support number and email ([email protected]), along with supporting documentation from the relevant public authority or Cyber Cell.
15.3 In the event that DGIPL and/or the Platform Partner have flagged any transaction or Customer account as suspicious as per their internal guidelines, or where it is found that a Customer has utilised Payment Information or a Payment Instrument in an unauthorised or fraudulent manner to purchase gold or undertake any other transaction on the Platform (Fraudulent User), DGIPL and/or the Platform Partner shall be entitled to:
15.4 In the event of a Fraudulent Transaction as per Clause 15.2, DGIPL and/or the Platform Partner, shall make a reasonable effort to assist the User or victim in recovering their funds, subject to supporting evidence and documentation being provided upon request. DGIPL shall be entitled to transfer the User or victim’s funds, less any payment gateway charges that are not refunded by third party payment service provider or bank.
15.5 However, it is clarified that DGIPL shall not obligated to reverse any transaction where the fraudulent User has already sold the gold purchased through the Fraudulent Transaction, and received the funds against such sale; or where the fraudulent User has chosen to take delivery of the gold so purchased. In this event, DGIPL shall, to the best of its ability, provide any information on the fraudulent User, including the bank account or Mobile Wallet account to which funds have been settled, or the physical address to which the gold has been delivered, to the victim or the relevant authorities.
- Use of the PLATFORM and services
16.1 You acknowledge that the Services are for Your personal use and agree not to publish the gold prices or descriptions of gold and/or any other information displayed on the Platform (in lieu of Your access to the Platform) on any other medium. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
16.2 Subject to these Terms and the Privacy Policy, You hereby grant to DGIPL and The Platform Provider a non-exclusive, worldwide, royalty-free right to (a) collect, store and transmit Your data, in each case solely to the extent necessary to provide the Services to You, and (b) share Your data or interact with other people, to distribute and publicly perform and display Your data as You direct or enable through the Services. You will provide Your consent to The Platform Provider as may be required under applicable law for the use and/or sharing of any data generated by You when purchasing Gold or otherwise using the Platform for any services related to the purchasing of the Gold in such manner as The Platform Provider may stipulate in this regard. The Platform Provider may share Your data with DGIPL, who, in turn, may share Your data with the Security Trustee as required to fulfil their obligations as a Security Trustee. Your data will continue to be governed by confidentiality obligations outlined in Section 23.. It is hereby clarified that DGIPL and the Distributor would be the joint owners of any data generated by You when purchasing the Gold on the Platform.
16.3 You represent and warrant that: (i) You have obtained all necessary rights, releases and permissions to provide all Your data to the Platform Provider and DGIPL and to grant the rights granted to the Platform Provider and DGIPL in these Terms and (ii) Your data and its transfer to and use by the Platform Provider and DGIPL as authorized by You under these Terms do not violate any laws or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under these Terms and the Privacy Policy, the Platform Provider and/or DGIPL assume no responsibility or liability for Your data, and You shall be solely responsible for Your data and the consequences of using, disclosing, storing, or transmitting it.
16.4 The Platform Provider and/or DGIPL shall not be held liable for any loss of data, technical or otherwise, information, or for particulars supplied by You, due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event.
16.5 DGIPL shall have the sole discretion to determine the locations and pin codes it may want to serve.
16.6 The provision of Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. The Platform Provider and DGIPL strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages. the Platform Provider and DGIPL are not liable for any disruption or loss You may suffer as a result.
16.7 DGIPL may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time.
- Suspension / Closure of Gold Account
17.1 DGIPL may, at its discretion, suspend Gold Account of Customers, if there appears to be a fraudulent or suspicious activity in the account. If the Platform Provider and/or DGIPL are of the opinion that You are involved in any unlawful activity or the Gold Account is used for any unlawful purpose, the Platform Provider and/or DGIPL shall have the right to take all actions available to it, including black-listing or blocking You from using the Services on its Platform or blocking Your access to the Services through the Platform or intimating the relevant authorities of such unlawful activities.
17.2 Your Gold Account may be closed in the event that the arrangement between DGIPL and the Platform Provider is terminated or otherwise the Platform Provider decides to discontinue the relationship with DGIPL. In such an event, the Your Gold balance may be accessible on www.safegold.com and DGIPL may continue to provide the Services and the customer support or facilitate the delivery / sale of Your Gold balance.
17.3 Each of the Platform Provider and DGIPL shall not be held liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to it.
17.4 You shall inform immediately, in any case no later than 10 (ten) days of the transaction, of any irregularities or discrepancies that may exist in Your Gold Account, failing which it shall be deemed that there is no error or discrepancy in the account. All records maintained by the Platform Provider and/or DGIPL, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.
- FEES
- (i) Lack of authorization for any transaction(s), or
- (ii) Exceeding the preset limit mutually agreed by You and between bank/s and/or other institutions used by you in making payment, or
- (iii) Any payment issues arising out of the transaction, or
- (iv) Rejection of transaction for any other reason(s) whatsoever.
18.1 You hereby agree that You shall be liable for all fees and charges associated with the use of the Platform and Services. Further, details of the fees payable (including, but not limited to the terms pertaining to such fees and the quantum thereof), have been set out on the Platform. Please note that the fees and charges may be revised from time to time and it would be Your responsibility to view the Platform to check the then current fees and charges payable.
18.2 It is hereby clarified that fees and charges, once paid, are non-refundable.
18.3 All payments made for the use of the Platform and/or purchase of Customer Gold by You shall be compulsorily in Indian Rupees.
18.4 You shall inform immediately, in any case no later than 10 (ten) days of the transaction, of any irregularities or discrepancies that may exist in Your Gold Account, failing which it shall be deemed that there is no error or discrepancy in the account. All records maintained by the Platform Provider and/or DGIPL, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.
18.5 DGIPL may temporarily/permanently suspend/terminate the Gold Account or refuse access in case of non-payment of fees due by You. Without limitation to the other rights and remedies available to DGIPL, it also reserves the right to take legal action for the same.
- MEMBER ELIGIBILITY
Use of the Platform and/or the Services is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872 and to Persons resident in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform or the Services. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform in relation to or for any Services. DGIPL reserves the right to terminate any Person’s membership and/or refuse to provide such Person with access to the Platform and/or any Services if it is brought to DGIPL’s notice or if it is discovered that such Person is not eligible to use the Platform and/or any Service.
- Suspension / Closure of Gold Account
20.1. You represent and warrant to the Platform Provider and DGIPL that you have sufficient experience and knowledge to make informed decisions to purchase / sell Gold. You acknowledge that you have not relied on any information made available either by the Platform Provider or DGIPL and that the Platform Provider or DGIPL is not making any recommendation with respect to such purchases / sale-back of Gold. No relationship other than seller-purchaser, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between you and the Platform Provider and/or DGIPL.
20.2 You acknowledge that DGIPL and the Platform Provider are not providing / dealing in / offering any investment product and does not offer any guarantee / assured returns. You further acknowledge that value of Gold may vary depending on various factors and forces.
- ELECTRONIC ORDER RISKS
Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of the Platform Provider or DGIPL. Therefore, the Platform Provider or DGIPL shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities (including in any device used to connect to the Platform), or to any other cause beyond Distributing Partner’s or DGIPL’s control or anticipation.
- Feedback
22.1 The Platform may allow You to post Your review and experience of using the Platform ("Reviews") in order to improve the Platform and the user experience.
22.2 You, being the originator of the Reviews, are responsible for the Reviews that You upload, post, publish, transmit or otherwise makes available on the Platform. You represent that all such Reviews will be in accordance with applicable law. You acknowledge that The Platform Provider and/or DGIPL does not endorse any Reviews on the Platform and is not responsible or liable for any Reviews. The Platform Provider reserves the right to disable access to the Reviews on the Platform.
22.3 You hereby grant the Platform Provider and/or DGIPL a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by the Platform Provider and/or DGIPL in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by the Platform Provider.
22.4 You further represent and warrant that while posting any Reviews on the Platform You shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, You shall not post any content on any part of the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.
- Confidentiality
As elaborated under the Privacy Policy, the Platform Provider and DGIPL will keep all confidential information confidential, including Your personal information, and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. the Platform Provider and DGIPL acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. The Platform Provider and DGIPL shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.
- Content and Intellectual Property Rights
24.1 DGIPL solely and exclusively owns respective copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Services provided by DGIPL and displayed on/accessed on the Platform and is protected under Indian law.
24.2 You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by DGIPL respectively through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of DGIPL and such others. You thereby agree to protect the proprietary rights of DGIPL during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for the purpose intended by these Terms.
24.3 Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available remedies under applicable laws of the country.
- LINKS TO/FROM THIRD-PARTIES' WEBSITES/APPLICATIONS
The Platform may contain links and interactive functionality interacting with the websites of third parties. Neither the Platform Provider, nor DGIPL, is responsible for and or has any liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, DGIPL strongly recommends that You review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
- Indemnification
You hereby agree to indemnify and keep the Platform Provider and DGIPL indemnified from and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which the Platform Provider and/or DGIPL and/or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the usage of the Platform and/or any device used by the Customer to access the Platform; (ii) by reason of the Platform Provider and/or DGIPL acting in good faith and taking or refusing to take or omitting to take action on the Customer's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; (iii) breach or non-compliance of the Terms and relating to the Gold Account; and/or (iv) fraud or dishonesty relating to any transaction by the Customer.
- Disclaimer of Warranties
ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY DGIPL AND THE PLATFORM PROVIDER ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. DGIPL AND/OR THE PLATFORM PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. DGIPL AND/OR THE PLATFORM PROVIDER SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION OR ANY OTHER LOSSES INCURRED BY YOU FOR USE OF THE PLATFORM. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. DGIPL AND/OR THE PLATFORM PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE SERVICES OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, DGIPL AND/OR THE PLATFORM PROVIDER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM (OR ANY PART THEREOF) AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
- Limitation of Liability
You hereby acknowledge that DGIPL and/or The Platform Provider (including but not limited to its, directors, employees, agents or partners) shall not be held liable to You for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. DGIPL and/or The Platform Provider shall also not be liable under any circumstances for damages arising out or related in any way to Your inability to access, or Your difficulty in accessing the Platform to avail of any Services, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of Your data, any claim relating to Your data or content from the Services and/or Your failure to keep the Gold Account Information secure and confidential. You further agree that DGIPL shall not be held responsible in any manner whatsoever for any and all acts or omissions of The Platform Provider, any Intermediaries or any other third party whosoever including (but not limited to) any person whose device has been used by You to access the Platform and/or any person appointed/nominated by The Platform Provider for the purposes of accepting/collecting any payments from You for the purchase of Gold. Likewise, The Platform Provider shall not be held responsible in any manner whatsoever for any and all acts of any third party, DGIPL or other Intermediaries.
- GRIEVANCE REDRESSAL MECHANISM
- (i) the contact details of Grievance Officer for the purposes of The Platform Provider are: Name: Mr. Vijay Kuppa E-mail ID: [email protected]
- (ii) the contact details of Grievance Officer for the purposes of DGIPL are: Name: Rukhsar Khan E-mail ID: [email protected] Address: 1902B Peninsula Business Park, G.K. Marg, Lower Parel, Mumbai 400013
29.1 In accordance with the Information Technology Act, 2000 and Rules made thereunder:
- AMENDMENTS, ACCEPTANCE OF TERMS
30.1 DGIPL reserve the right, to change, modify, add or remove portions of these Terms at any time. Such changes shall be posted on the Platform and shall be notified to the Customer prior to making such changes. Notwithstanding anything to the contrary, Customer shall be responsible for regularly reviewing the Terms, including amendments thereto as may be posted on the Platform and shall be deemed to have accepted the amended Terms by continuing the use of Platform.
30.2 Accessing, browsing or otherwise using the Platform indicates Your agreement to all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by all policies, including but not limited to the privacy policy of the Platform Provider and DGIPL (“Privacy Policy”), as amended from time to time. You can view and read the Privacy Policy of the Platform Provider at the Platform and the Privacy Policy of DGIPL at www.safegold.com.
30.3 Accessing, browsing or otherwise using the Platform indicates Your agreement to all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by all policies, including but not limited to the privacy policy of the Platform Provider and DGIPL (“Privacy Policy”), as amended from time to time. You can view and read the Privacy Policy of the Platform Provider at the Platform and the Privacy Policy of DGIPL at www.safegold.com.
- Introduction:
OroBonds
Alpha Fintech Pvt. Ltd. and its subsidiaries, affiliates, employees and directors, referred to as "Oro", "Orowealth", "ORO Wealth" makes no warranties or representations, express or implied, on products offered through the platform. It accepts no liability for any damages or losses, however caused, in connection with the use of, or on the reliance of its product or related services. Terms and conditions of the website are applicable. Orowealth will not share any personal information it collects with any third party, except for the cases specified in our Privacy Policy
- OroBonds (www.orowealth.com/orobonds) is an online investment platform for investing in fixed-income securities of other companies. The OroBonds website is owned and operated by Orowealth. The website is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Orowealth.
- Orowealth is just providing a platform to buy fixed-income securities to retail investors and nothing on the website should be construed as giving financial advice
- By using this website and accordingly the services of Orowealth you, the end user unconditionally agrees to the terms and conditions that we have provided herein for the use of our Website. By checking any acceptance boxes, clicking any confirmation buttons, submitting any text or content or simply making any use of the Website, you (i) accept the Terms of Use that appear here and agree to be bound by each of its terms, and (ii) represent and warrant to Orowealth that: (a) You are at least Twenty one (21) years of age and have the authority to enter into these Terms; (b) these Terms are binding and enforceable against you; (c) to the extent an individual is accepting these Terms on behalf of an entity, such individual has the right and corporate authority to agree to all of the terms set forth herein on behalf of such entity; and (d) You have read and understand Orowealth’s Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the "Privacy Policy"), and agree to abide by the Privacy Policy.
- The OroBonds website gives you an introduction to the services and products of fixed-income securities of other companies. However, this is not an offer or solicitation of any nature by Orowealth. Any information, projection or assumption included on the website is not intended to give you any legal, financial, taxation or other professional advice and, should you propose to use any of the products or services described on this Website or otherwise deal with OroBonds, you are strongly advised to obtain appropriate independent professional advice before proceeding. Every effort has been made to ensure that the information contained on the Website is correct, however, we make no warranty as to the accuracy, comprehensiveness, or correctness of any of the information, services or products on this Website. Whilst we will try to keep the information on this Website up-to-date and accurate, no warranties or representations (whether express or implied) are made by Orowealth or anyone connected with Orowealth (including their officers, agents, employees, affiliates and/or advisers) concerning the completeness, accuracy or reliability of any matter included on this Website or any other information provided by Orowealth to you or to any Member in connections with any Orowealth product or service.
- The contents of the Website are owned by and copyrighted by Orowealth and reproduction of all or any part of this Website is prohibited without Orowealth’s prior written consent. "Orowealth" is a trademark used by us and no license or right is given to you to use this name. Any links to other websites are provided for your convenience only and their inclusion does not mean that Orowealth endorses or approves of those Websites nor does Orowealth accept any responsibility for any matter contained on those other Websites. Orowealth is not responsible for any delays or loss of or corruption of data as a result of either the use of OroBonds website by you or your communications over the internet with Orowealth, which are entirely at your risk. We will not accept any responsibility for any losses, claims or damages of any kind, whether direct or indirect or special or consequential or otherwise howsoever arising in relation to the foregoing.
- The contents of the Website are owned by and copyrighted by Orowealth and reproduction of all or any part of this Website is prohibited without Orowealth’s prior written consent. "Orowealth" is a trademark used by us and no license or right is given to you to use this name. Any links to other websites are provided for your convenience only and their inclusion does not mean that Orowealth endorses or approves of those Websites nor does Orowealth accept any responsibility for any matter contained on those other Websites. Orowealth is not responsible for any delays or loss of or corruption of data as a result of either the use of OroBonds website by you or your communications over the internet with Orowealth, which are entirely at your risk. We will not accept any responsibility for any losses, claims or damages of any kind, whether direct or indirect or special or consequential or otherwise howsoever arising in relation to the foregoing.
- You may browse the Website and view some content without registering, but as a condition to using certain aspects of the Website, you are required to register with Orowealth, by creating an account. On creating an account, your KYC information will be collected.
- You agree that all personal information and data about you that Orowealth obtains through OroBonds Website may be used and disclosed in accordance with Orowealth Privacy Policy, the terms of which you accept.
- In the event of any claim made against Orowealth, and/or the respective officers, agents, employees and/or affiliates (“Indemnified Parties”) in respect of any breach of any of your obligations under these Terms, you agree to indemnify and hold such indemnified parties harmless against all damages, losses costs and claims thereby incurred.
- Orowealth reserves the right to change the Terms and Conditions at any time, without notice, and the revised Terms and Conditions shall be posted on the portal from time to time. Your continued usage of the portal shall at all times be deemed to be your acceptance of the terms and conditions as may be in force.
- You hereby irrevocably authorize Orowealth, and its agents / Service Providers, to act upon any Electronic Instructions given by you by logging to the website.
- The Online Facility (OroBonds Website) is intended only for the personal use of the investor. You shall be solely responsible for the confidentiality of the User ID and Password and shall not disclose the same to anybody and shall take all possible care to prevent discovery of the User ID and Password by any person. In no event shall you hold Orowealth liable or responsible for any transactions undertaken in your account. Orowealth reserve the right to make the Online Facility available for such investors as it deems appropriate.
- You agree that Orowealth reserve the right to seek any additional information/confirmation (oral/written) as it may deem necessary to authenticate the transaction.
- Orowealth may, in its absolute discretion, suspend the Online Facility granted or decide not to carry out any such transaction where the KYC requirements are incomplete or incorrect, transactions are designed in a manner to violate any law or any information submitted to Orowealth or its related parties is incomplete, false or misleading or it has reason to believe that the Electronic Instructions are not genuine or are unclear or are otherwise improper and cannot be put into effect.
- You shall not hold Orowealth liable for any loss, damage etc. arising from the rejection of transactions by Orowealth.
- You shall not use the Online Facility to conduct any transaction(s) that are designed to contravene or circumvent any provision of law, regulation or guideline, including but not limited to the provisions of the Income Tax Act, Foreign Accounts Tax Compliance Act (“FATCA”), The Prevention of Money Laundering Act (“PMLA”), Foreign Exchange Management Act (“FEMA”) or the provisions of the respective bond prospectus, particularly the guidelines relating to Third Party Payment.
- Investment in products listed on the website carries significant risk. You confirm that you understand the risks involved in the transactions including but not limited to credit risk, re-payment risk, rating downgrade risk, interest rate movement risk, issuer default risk, liquidity risk, etc.
- Historical performance is not a reliable indicator of future performance. You should not rely on any past performance as a guarantee of future investment performance.
- You understand that any yield which may have been communicated to you is the maximum possible yield which you will get in case you hold the bond till maturity and there is no default and all payments are made on time.
- You have done your own due diligence and assessment and found the product suitable to your investment needs and risk appetite.
- The time stamping for online transactions would be considered to be the time when Orowealth has successfully completed confirmation of payment checks at their end. Orowealth will not be liable for any delay in allotting bond units.
- The payment should be made only from one of the bank accounts registered under the onboarding process. In case it is found that the payment is not made from a registered bank account, Orowealth reserves the right to reject the transaction and refund the money to the source account after deducting costs and expenses incurred.
- You agree that even though your Mobile No. is registered under the National Do Not Call Registry (NDNC), you explicitly permit Orowealth to send various communications, updates, alerts, and notifications and the same shall not be considered as a breach of any TRAI Regulations/Guidelines.
- You shall be fully liable to Orowealth or their Affiliates for every transaction entered into using the Online Facility, whether with or without your knowledge. In no event will the OroWealth or their agents/service providers be liable to you for any special, direct, indirect, consequential or incidental loss or damages even if you have been advised of any such possibility. You hereby relieve the Orowealth from any liability whatsoever against misuse of the Online Facility, User ID and password. Further, Orowealth shall not be liable at all for misuse if any, of any data placed on the Internet, by third parties, "hacking" or unauthorized access. Orowealth will not be liable for any failure to act upon Electronic Instructions or to provide any facility for any cause that is beyond the control of Orowealth Orowealth shall have no liability to verify the accuracy or authenticity of the instructions given using the User ID and password and shall be authorized to act on such instructions without further verification or review. Orowealth shall endeavour to give effect to Electronic Instructions on a best-effort basis and as soon as practically possible for Orowealth. In the event of any instructions being capable of execution in two or more ways, Orowealth may execute the Electronic Instructions in a way as it may, in its sole judgement, decide. Orowealth agrees to take best efforts to protect the security of the data placed on the Internet, however, you agree that transmitting data/ information over the internet may be subject to compromise/breach and that the risk of any loss of information or interception of information by any third party will be borne by you and that Orowealth shall not be liable for the same. Orowealth, along with its directors, employees, agents, executors, successors and assigns shall not be liable for any damages or injuries arising out of or in connection with the use of the Portal or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, computer failure or malfunctioning, or interruption of business; error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon Electronic Instructions or to provide any facility for any cause that is beyond the control of such entity. All records of Orowealth, whether in electronic form, magnetic medium, documents or any other form with respect to Electronic Instructions received for use of the Facilities or Electronic Instructions received through the use of the Online Facility shall be conclusive evidence of such Electronic Instructions and shall be binding on you. You hereby confirm that Orowealth or any other Agents, shall not be held responsible for violation of any laws by you and you hereby indemnify Orowealth against any claims arising from such non-compliance, and also from any damages or losses Orowealthmay suffer from any claims arising due to non-compliance or violation of the Terms and Conditions. Further, you agree to indemnify, and shall at all times keep indemnified Orowealth their officers, employees, successors and assigns from and against all actions, proceedings, claims and demands whatsoever for or on account of or in relation to any unauthorised use of the Online Facility, User ID and password and from and against all damages, costs, charges and expenses in respect thereof or incidental thereto. No forbearance, delay or failure on part of Orowealth to exercise any power or right under these Terms and Conditions shall operate as a waiver of such power or right, nor shall any single or partial exercise of such power or right preclude any further exercise of that or any other power or right.
- You authorize Orowealth to provide to third parties such transaction/account details, as may be necessary in order to give effect to your online instructions or in order to comply with the order of any court, government agency or lawful authority or in order to ensure compliance with any laws/regulations in any jurisdiction.
- Nothing in the Terms and Conditions or on the Portal shall be considered a solicitation to buy or an offer to sell or a recommendation for a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction.
- The provision of the website is subject to and governed by the laws of India. The Courts in Mumbai shall have jurisdiction over all disputes arising out of or in respect of the Terms and Conditions.
- Notice: Any notice, communication or documents required to be given by either Party to the other, may be given by personal delivery, courier, registered post at the registered office of Orowealth or by email to [email protected] or [email protected] and if to the investor at the registered address or email ID as per Orowealth records.