TERMS & CONDITIONS.
A. KFintech carries on the business as Registrar and Transfer Agents and is
registered with the Securities and Exchange Board of India (‘SEBI’) under
the Securities and Exchange Board of India (Registrars to an issue and
Share Transfer Agents) Regulations, 1993 engaged in providing various
‘Registrar & Transfer Agent (RTA) related Services’ with respect to,
(i) collection of applications forms, keeping of records, and assisting in
allotment of securities, in terms of ‘Registrar to an Issue’ (ii) in terms
of ‘Transfer Agent’ (Shares), maintenance of the records of the holders of
securities and dealing with all matters connected with transactions which
includes transfer, transmission and issuance of dividends.’ and (iii) in
terms of ‘Transfer Agent’ (Mutual Funds), dealing with Mutual Fund
transactions on behalf of Asset Management Companies.
B. KFintech by virtue of SEBI Circular dated September 08, 2017 is now also
categorized as Qualified Registrar and Transfer Agent (‘QRTA’) and in terms
of Circular dated August 10, 2018 SEBI has mandated that all QRTAs must
enter into a written agreements with all entities accessing its data base
maintained by KFintech.
C. Given the mandate under law, you are hereby requested to accept the
terms and conditions of usage herein with the objective of ensuring that
the investments and transactions are made securely using the website, web
applications and mobile applications which offers such financial and
associated services so provided by mutual fund companies which may be
updated from time to time platform of which may be used to access
information in any form including documents, audio and/or visual.
D. The services provided by this website, web applications and mobile
applications is also supported and/or is downloadable using Android
Operating System and Apple Operating System for both individual users and
corporate users, the usage of both of which is governed by the terms and
conditions of this document.
E. You are requested to provide your acceptance to the Terms and Conditions
upon checking ‘checkbox’ and click the ‘Accept’ button provided herein
below at the end of this document.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
1. General
1.1 It is imperative that you accept the terms and conditions herein
regarding the usage, processing, storing, sharing and purging of
information including personal and business information (the ‘Privacy
Statement’). You are requested not to use this website on your computer
system and/or your mobiles including mobile applications (as applicable) if
you do not accept the terms and conditions herein.
1.2 KFintech does not provide you the implied rights to use this website in any
manner whatsoever. By agreeing to these terms and conditions you are
expressly legally bound by the same.
1.3 In the event of any revision to the terms and conditions, such
revisions would be acceptable and would be overriding over the general
terms and conditions..
1.4 This website including its access using mobile Applications is solely
for the purpose of providing information about participating Mutual Fund
(‘MF’) and Asset Management Companies (‘AMCs’) so available with KFintech and
offers a platform to access and transact in their products and services.
1.5 The content herein should not be construed as an offer to sell, a
solicitation of an offer to buy, or a recommendation for the units of any
Mutual Fund schemes including any other schemes.
1.6 While due care has been taken to ensure the accuracy of information or
data on this website you expressly understand that you shall not make KFintech
or its directors, promoters, employees, agents and assigns anyway
responsible for any loss or damages arising out of use or inability to use
this website. Such information or data so referred to above shall include
any information or data relating to value of investment including NAV and
Unit Balance currently recorded.
2. Information Management
2.1 The information or data so collected is gathered from various sources
for providing the Services herein including the 3rd parties.
2.2 In order to provide the Services herein, KFintech would collect information
or data from your end which may include your name, email address, address
or postal code, payment method and mobile number. This information or data
may be collected even from your participation in surveys and ratings
enabled through the website, web applications or mobile applications.
2.3 The process of collection of information or data involves your
interactions using your device(s) for accessing our service on the website,
web applications or mobile applications which includes:
a) Your activity on the applications, history and search queries and
navigation pattern.
b) Details of your interactions with KFintech Customer Service using Chat or
Mobile.
c) Technical information about the Device(s) being used.
3. Intellectual Property Rights, Restrictions on Use and Confidentiality
3.1 KFintech, KARISMA, KfinKart and KorpConnect and all other interfaces
be it online sites, mobile Apps or another applications are the trademarks
and logos belong solely to KFintech. You are requested not to use the same
without the express written permission so received from KFintech.
3.2 KFintech holds the title and ownership over all the intellectual property
involved in the website, portal, web and mobile applications including but
not limited to information, documents, products, logos, graphics, sounds,
images, software and services, are protected applicable intellectual
property laws, Software Systems, Procedures, audit, Database Design,
Applications design, layout, text, images, graphics, sound, video, Source
and Object code, Reports, et cetera except the information that is
available in the public domain.
3.3 You shall be under strict obligation to keep confidentiality of the
information or data that is sensitive, which you are not authorised to
share with any 3rd party to this agreement between you and KFintech. Any
unauthorized copy and use may violate the applicable intellectual property
laws thereby attracting legal action, being civil or criminal, against you
including but not limited to the Information Technology Act, 2000 and
Information Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Data or Information) Rules, 2011.
4. Subscription:
4.1 Any User subscribing to, using, or accessing the services available
through the website is registered as a single user of the services. For
this, KFintech shall be at discretion to issue an individual Username and
Password by way of duly registered mode so informed by KFintech from time to
time.
4.2 The applicable rate of the Subscription Fees may be revised from time
to time, including some services that may be paid services.
5. Unauthorised Access:
5.1 You shall use this website only for the lawful purposes and restricted
to the extent so mandated under these terms and conditions, and under law.
5.2 You shall not do such actions using technology or otherwise to access,
store, share, process or destroy information or data in an unauthorised
manner, and use such technology measures that would prevent compromise with
any information or data so available on the website and take precautions in
terms of creating any preventive mechanisms.
6. Discontinuation, Modification & Suspension of Services:
6.1 KFintech reserves the unilateral right to add to /and/or change and/or
delete and/or end the service (s) available through this website, web
applications or mobile applications at any time with or without notice to
you. In case of paid services, a pro-rated refund shall be effected for the
remaining unused period.
6.2 KFintech shall hold absolute discretion to suspend your services herein for
breach of any terms of use of this terms and conditions, without serving
any notice of termination.
6.3 If any monies so payable by you to KFintech remain unpaid when being due
for payment to KFintech, KFintech may at its sole discretion suspend the service
(s) provided to you until such time the unpaid amount is remediated.
6.4 You are discretion to terminate your Subscription by giving 10 days’
prior notice in writing to KFintech.
7. Variation:
7.1 KFintech reserves the right to amend, vary or change the terms and
conditions contained herein and appearing elsewhere on the site at its sole
discretion.
7.2 The terms and conditions of use of these sites may be amended from time
to time.
8. Data Protection and Security
8.1 The term ‘Data’ (which shall include the term ‘Information’) shall have
the meaning as defined in the Information Technology (Reasonable Security
Practices and procedures and sensitive personal data or information) Rules
of 2011 under the Information Technology Act of 2000 (the ‘IT Act &
Rules of 2000’).
8.2 You understand that the information or data so shared may be classified
to be highly sensitive under the IT Act, 2000 & its applicable rules,
and carries serious legal implications in the event the Data is leaked
and/or compromised in any manner whatsoever either manually, operationally
and technologically.
8.3 Accordingly, the parties so receiving the said Data shall ensure
well-defined ‘Data Lifecycle Protection Mechanism’ (including Data
Collection, Processing, Storing, Sharing and Purging Environment) is in
place in terms of Data Protection and Privacy Policy, Individual
Contributor Statements (wherever required), Trainings to Employees handling
the Data, and Data Protection & Privacy Tools to ensure ‘Data Leakage
Prevention’ are in place to ensure there is no scope for leakage and/or
compromising of Data either manually, operationally and technologically,
thereby making the Data so received ‘Safe and Secure’.
8.4 The parties shall protect and keep all the Data so exchanged strictly
confidential, and shall share the Data strictly on ‘Need to Know’ basis,
only for the limited purposes set out in this document. Upon the purpose
for the using the Data being completed, the parties shall purge such Data
and promptly intimate the opposite party providing confirmation of the
same.
8.5 The parties shall comply with all Laws, Rules and Regulations
(including Information Technology Act of 2000 and UIDAI Act of 2016)
pertaining to Data Protection, Privacy and Information Security including
obtaining ISO 27001: 2013 Certification for providing an assurance to the
parties herein that all technological measures are in place for ensuring
there is no leakage of Data in any manner.
8.6 Neither parties to this Contract shall share the Customer, Employee or
Business related Data with any 3rd Party to this Contract, without express
prior written permission of the other party, and in the event of Customer
Data, unless express written Consent is first received from such
Customer(s).
9. System & Software Requirements
9.1 Full use of KFintech website, web and mobile Applications is dependent upon
User's supported systems, networks, mobile device and internet access. The
maintenance and security of these systems and equipment may influence the
performance of the website, web applications and mobile applications. You
understand expressly that it would be your responsibility to ensure the
equipment's functionality.
9.2 While KFintech shall on a best effort basis support the website, web
applications and mobile operating systems, it does not guarantee its full
compatibility.
9.3 As and when required you may be required to download updates in order
that the website, web applications or mobile applications works to its
fullest potential.
10. Links to Third Party Sites
10.1 KFintech websites, web applications and mobile applications may contain
hyperlinks to other websites. Such inclusion does not imply that KFintech
endorses or accepts responsibility for the content or use of the third
party website. These links are provided solely for informational purposes.
KFintech does not guarantee the content, accuracy or completeness of any
information or data on the 3rd party website(s). KFintech shall not be liable
to you in any way for any delays, inaccuracies, errors in or omissions of
any information or data or the transmission thereof on account of your
usage of such links.
10.2 The use of a 3rd party website may be subject to a privacy statement,
terms of use, disclaimer or similar legal condition which may significantly
differ from those enumerated on the KFintech website, web applications and
mobile applications. KFintech strongly encourages you to familiarize yourself
with the terms, conditions and policies implicated by the use of those
website, web and mobile applications. It is your responsibility to take
precautions to ensure that whatever you select for your use is free of
viruses or other items of a destructive nature.
11. Eligibility
11.1 An existing investor/folio holder of a MF serviced by KFintech or a new
investor desiring to invest in MF serviced by KFintech or any other
participating mutual funds in the website and web applications shall be
eligible to use the mobile applications. The investor shall be
holding/transacting in folios with mode of operation as 'single' or as
'anyone or survivor' or 'joint' shall be eligible. Such mobile applications
shall be accessible to eligible NRIs and PIOs. Depending upon the
requirements, KFintech may add/modify the eligibility conditions from time to
time at its own discretion.
12. Usage by minors
12.1 KFintech web and mobile applications are not intended for use by minors.
The User shall be the guardian of the Minor to avail the service.
13. Restriction on Usage
13.1 The access to website, web applications or mobile applications shall
be restricted only to you and none else.
13.2 In view thereof, KFintech shall not be responsible, if you share your
account details including your username and password.
14. Limitation of Liability
14.1 In no event will KFintech (including its directors, promoters, employees,
agents and permitted assigns), AMC, Trustee Company, Mutual Fund and its
sponsors, their associates, and any person connected with it, shall not in
any way be responsible for any loss or damages arising from the use or
inability to use the website, web applications and mobile Applications and
its contents and shall not entertain any legal liability for the adverse
implications, if any.
15. Indemnity
15.1 You shall, at all times, indemnify KFintech from and/or against any and
all actions, proceedings, claims and demands whatsoever on account of your
wilful neglect in sharing your credentials giving way for compromising with
your account, system, or otherwise, including all damages, costs,
liabilities, charges and expenses in respect thereof.
15.2 You understand and agree that any transaction / information that is
entered through the website, web applications and mobile Applications with
the provided login credentials, whether initiated by you or not, shall be
deemed to have originated from you. The User shall be held liable for all
such losses from unauthorized transactions in your folio through the
website, web applications and mobile applications.
15.3 You shall undertake to indemnify and hold harmless and indemnified
KFintech in respect of all losses, damages, costs, expenses and other
liabilities (including reasonable legal fees, disbursements and expenses)
incurred by or awarded in connection with or based on breach of your
confidentiality obligations contained herein, misuse of KFintech Applications
and Database by you.
16. Payment Information & Commercial or Non-Commercial Transaction
16.1 Although no method of transmission over the Internet or electronic
storage is 100% secure, it is our policy to use third party payment
processing systems that comply with such security standards prescribed
under the applicable laws.
16.2 Please read the privacy policy on the site of any payment processor
that you are directed to regarding the use, storage and protection of your
debit card information before submitting any debit card information.
16.3 All information that you provide to us or our third party payment
processor must be accurate, current and complete. The User should print or
save this electronic receipt for your records.
16.4 You expressly represent and warrant that you have the legal right to
use any debit / credit card(s) or other payment means used to initiate any
transaction.
16.5 The accuracy and completeness of information/data/details so entered
by you shall be solely your own risk. In the event of any discrepancy and
wrong credit/remittance/payment, KFintech shall not be held responsible in any
manner.
17. Governing Law and Dispute Resolutions
17.1 The terms and conditions shall be governed by and construed in
accordance with the Laws of India.
17.2 In the event the dispute further remains unresolved for a period of
thirty (30) Business Days either party shall be free to refer the disputed
matter to Arbitration in accordance with Indian Arbitration and
Conciliation Act, 1996.
17.3 The arbitration proceedings shall be carried out by three arbitrators,
of whom each party shall designate one, with the third arbitrator to be
mutually nominated and appointed by both parties.
17.4 The arbitration shall be conducted in English language and the
Arbitral Award so passed by the Arbitrators shall be final and binding upon
the parties. The seat of arbitration proceedings shall be held wholly
at Hyderabad or Mumbai (in case of domestic disputes) and [●] in case of
international disputes.