Terms & Conditions
NTACTUS FINANCIAL SERVICES PVT. LTD (hereinafter referred to as “NTACTUS”) is in the business of distribution of financial products through its online technology platform. NTACTUS provides this “Registry Account” facility to enable the investors to carry out the online transactions in the units of the mutual funds and is registered with AMFI with ARN Code – 141396; to act as Mutual Fund Distributor for online and offline distribution of units of the schemes of mutual funds through its website www.freemi.in . (“NTACTUS websites” or “website”)
This NTACTUS Registry account/accounts facility is available only to the users who have registered themselves on the NTACTUS websites. As a Registered user, NTACTUS requests you to carefully go through these terms & conditions (“Terms & Conditions”) to avail the access to NTACTUS through its online technology platform. By registering with NTACTUS, you irrevocably and unconditionally accept all the obligations stipulated in the Terms & Conditions and agree to abide by them. Accessing NTACTUS on its online technology platform through any medium, including but not limited to the websites 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.
I/We hereby agree to avail the service of access to the distribution network of NTACTUS through its online technology platform for the investment in units of mutual funds available on the NTACTUS Websites (www.freemi.com) by me/us, on the terms and conditions mentioned herein (the “Services”). I/We agree that NTACTUS and / or the mutual fund may at its sole discretion vary the terms and conditions or withdraw any of the facilities provided herein from time to time.
I/We hereby irrevocably and unconditionally grant my/our no objection to NTACTUS and the respective mutual funds to collate the transaction details relating to the investments in mutual fund units done by me/us on the online technology platform of NTACTUS and transmit such transaction data to the concerned asset management company (“AMC”) / mutual fund/ Registrar and Transfer Agent (RTA) of the AMC for further processing of my/our transactions.
- Registration and Transactions
NTACTUS will grant access to only those customers who have a registered in “Registry Account” (“Registered Customers”) with NTACTUS. I/ We agree and acknowledge that the Services provided herein are presently available in respect of select Mutual Funds only with whom NTACTUS has entered into a separate arrangement.
Registered Customers will be able to only purchase, redeem and switch mutual fund units through this service.
I/We agree that any and / or all information that may be provided by me/us to NTACTUS from time to time, including but not limited to contact information, address and tax‐related information or any other information required under existing or future KYC or other norms and laws, may be shared by NTACTUS with the mutual funds/AMCs or their respective authorized service providers, auditors, legal and tax consultants in compliance with the extant legal provisions from time to time.
There may be an exit load/any other charge(s) 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”). I/We shall read/ have read all the scheme related documents before investing.
I/We 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 / RTA / POS for signature verification and other formalities.
I/we agree to be communicated for all transaction related purposes to my registered email-id or by way of SMS to my registered phone number.
Purchase requests made through NTACTUS’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 Customers directly in the name of the respective mutual fund scheme(s) through the payment gateway made available by NTACTUS on the online technology platform. If for any reason the mutual fund is unable to allow a transaction for purchase or redemption of the full quantity of units such as transacted by a Registered Customer through the online technology platform of NTACTUS, 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 Customer. In such a case, neither NTACTUS 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.
Investment from persons from the United States of America (“U.S.”) and Canada may not be permitted in certain mutual funds. NTACTUS / AMCs/their respective trustee companies shall not be liable for rejection of an application by mutual funds, where the investor is a U.S. person and/or a Canadian person or such other prohibited investor as may be specified in the respective scheme related documents from time to time.
Transaction rights for Systematic Investment Plans (“SIPs”) will be pursuant to the Registered Customer executing the instructions, in the manner and form as prescribed by NTACTUS 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. I/We agree that, upon granting such instructions for SIP transactions, I/We will be bound by the terms of the relevant SIP scheme of the mutual fund to which I/we subscribe.
I/We agree and acknowledge that any transaction done or purported to be done by me/us on or before the cut off times on a business day as may be intimated by NTACTUS to me/us from time to time, would be processed on the same day. Any transactions done on the online technology platform of NTACTUS after the prescribed cut off time will be deemed to be received on the next working day and will be processed accordingly.
I/ We agree that all authorised and complete transactions will be processed at the applicable NAV (as defined in the Scheme Information Document of respective schemes of Mutual Funds) subject to receipt of funds and acceptance of your transaction by the Mutual Funds/ RTAs. However, NTACTUS shall not be liable for any loss that may arise to me/us as a result of incorrect NAV applied on units allotted to me/us by the mutual fund.
I/We acknowledge 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.
I/We acknowledge that transactions once placed cannot be cancelled.
I/we acknowledge 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, NTACTUS /AMC reserve the right to reject the same and in such a case NTACTUS/AMC/Trustee shall not be responsible for any consequence arising therefrom.
I/We have read and understood the contents of the respective Scheme related Document(s) and the details of the scheme and I/We have not received or been induced by any rebate or gifts, directly or indirectly, in making investment. I/We hereby declare that the amount invested/to be invested by me/us 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.
The ARN holder has disclosed to me/us all the commissions (in the form of trail commission or any other mode), payable to him for the different competing Schemes of various Mutual Funds from amongst which the Scheme is being recommended to me/us.
I/ we agree and acknowledge that transactions done through NTACTUS Registry Account facility will be tagged with the Mutual Fund distributor ARN Code 141396 and will not be treated as Direct.
I/we agree to comply with KYC (Know your Client/Customer) and KRA requirements as required under SEBI (KYC Registration Agency) Regulation 2011, SEBI Act 1992, Prevention of Money Laundering Act, 2002, all laws and regulations including but not limited to the Foreign Exchange Management Act, Reserve Bank of India (RBI) guidelines, to the extent applicable pertaining to my investments.
No objection to NTACTUS
I/We grant my/our no objection to NTACTUS to do or perform upon my/our placing of transaction requests on the online technology platform of NTACTUS and at my/our risk and cost, all or any of the following acts, deeds matters and things:
- To forward my transaction data and requests to the respective mutual funds/AMCs with respect to my 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, information relating to my/our nomination/changes in investment plan/ any other changes made through the online platform.
- To obtain and forward to the AMC/its Authorized Registrar my/our information as available in the KYC records, including my signature. I/We agree that such records may be used by the AMC/Authorised Registrar for authorizing the transactions that may be submitted by me/us in physical/offline mode.
- Communication of
I/We acknowledge that all instructions (including instructions for modification of this clause) shall be given by me/us only. I/We hereby authorize NTACTUS /AMCs to process and transmit such instructions given by me/ us from time to time in relation to my/our transactions to the respective mutual funds/AMCs.
The transactions units may be done through electronic/ online mode as required by NTACTUS and AMC 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 NTACTUS Registry Account facility. I/We agree that NTACTUS/AMC reserves the right to remove or add any method of making instructions for purchase or redemption of the units at any time at NTACTUS’s/AMCs’ discretion. I/We agree that NTACTUS/AMC shall always have the right to change the modes of instructions for purchase, switch or redemption of units.
I/We agree and acknowledge that units purchased by giving instructions through any of the above modes will be deemed to be accepted for redemptions through the same mode only.
I/we understand and agree that instructions given by you to Mutual Fund Distributor for transacting in mutual fund units will be forwarded by Distributor to the AMC in electronic log file format (‘Feed File’).
NTACTUS may refuse to transmit transaction data for the clients to the AMC/ its authorised agents unless, they are given in a manner and form acceptable to NTACTUS and in accordance with NTACTUS’s right to verify such transactions. However, NTACTUS shall have no responsibility to determine the authenticity of any transactions done or purported to be done by me/us. I/We shall not hold NTACTUS liable on account of NTACTUS acting in good faith on any of/our transaction done or purported to be done by me/us.
The mutual funds/AMCs may at its discretion not give effect to my/our transactions where the mutual fund/AMCs/NTACTUS have reason to believe (which decision of mutual fund / AMCs /NTACTUS, I/We shall not question or dispute) that the transactions are not genuine or are otherwise improper, ambiguous or unclear or raise a doubt. NTACTUS/AMC/Mutual Fund/trustee of the AMC shall not be liable for any losses including but not limited to the loss of any opportunity costs incurred by me/us, if any, transactions are not carried out for any reasons whatsoever.
I/We agree to indemnify NTACTUS, AMC, trustees to the AMC, its respective officers, directors, employees and agents against any improper/ fraudulent transactions, improper/fraudulent fund transfer transactions done or purported to be done by me/us on the online technology platform/ payment gateway provided by NTACTUS. NTACTUS/AMC shall not be obliged to accept from me/us any oral instructions for carrying out any transactions in mutual fund units. Further NTACTUS, AMC, trustees to the AMC, its respective officers, employees and agents shall be indemnified for and held free and harmless from and against any and all costs, claims, losses or liabilities of any nature (direct or indirect) resulting from the act of purchase, redemption or switch of mutual fund units, together with any and all attendant costs and expenses including reasonable legal fees and expenses, that NTACTUS, AMC, trustees to the AMC, its respective officers, employees and agents may incur or be subject to, in relation to the transactions conducted by me/us on the online technology platform of NTACTUS. I/We also acknowledge that the security and the control provided by NTACTUS are designed to verify the source the communication and not to detect errors in transmission or content including discrepancies between names on the account numbers and that NTACTUS or any intermediary, may transmit data or take requisite action by reference account number only, even if the name on the account is also provided. Nothing contained herein shall require NTACTUS to violate any applicable laws, rules or the procedures/ instructions. NTACTUS shall have no duty to verify the content of any transactions, instructions and communication, whether or not authorized, sent in its name and accepted by NTACTUS.
Holding pattern and Customer details
I/We acknowledge and agree that the NTACTUS holding pattern of the Registered Customer, as reflected in the NTACTUS system, is deemed to be the NTACTUS account holding pattern of the account holder/investor(s).
I/We also agree there will be no changes allowed in the holding pattern of the investors associated with the Account once the Account is activated.
I/We agree that once an investment is made using the holding pattern, I/We will not be allowed to change the holding pattern for the subscriptions.
The other requisite data (which is not part of the form) required to be reported to AMC / authorized registrar of the AMC will be extracted from NTACTUS account details maintained for the First holder. The mode of holding in all customer joint accounts is treated Joint account
Statement of account
I/We agree and acknowledge that it shall be the obligation of the AMC and not of NTACTUS to regularly send to the Registered Customer (only to first holder in cause of multiple / joint holdings) such communications as required under the SEBI Regulations
Charges and Fees
I/We acknowledge that NTACTUS reserves the right to charge fees in the future for the Services or any other services offered by NTACTUS though presently the Services offered by NTACTUS are free of transaction charges. Any such changes will be communicated by NTACTUS via email 15 days before such change is made effective, and will be displayed on the NTACTUS Websites. Further, I/we understand that I/We will be allowed to transfer our assets out of my/our Account without incurring any costs payable to NTACTUS.
I/We agree and understand that any such charges/fees that NTACTUS 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 me/ us without any counter claim, set off or withholding. All liabilities and obligations of the Registered Customer hereunder to NTACTUS/mutual fund/AMCs/trustees of the AMC shall be joint and/or several, as the case may be.
Third Party Risk
NTACTUS shall not be liable for any loss or damage caused by reason of failures or delay of the mutual fund to deliver any units purchased even though payments have been made for the same, or failure or delay in making payment in respect of any units sold, though they may have been delivered and I/We shall hold NTACTUS harmless and free from any claim in respect thereof. NTACTUS shall also not be liable for any delay, failure or refusal of the mutual fund in registering or transferring units to my/our names or for any interest, dividend or other loss caused to me/ us arising therefrom.
In such instances of third party claims, the AMC/mutual fund/trustees to the mutual fund shall be liable for failure/delay only where such claims/losses arise due to a reason entirely attributable to an error or gross negligence of the AMC. In no event shall the AMC/mutual fund/trustees to the mutual fund be liable for losses/claims arising due to force majeure reasons beyond the reasonable control of the AMC/mutual fund.
Liability of NTACTUS
NTACTUS shall not, in absence of gross negligence on the part of NTACTUS, be liable to me/us for any act, omission or delay by the mutual fund or for any claims which I/We may suffer or incur as a result of or in course or discharge by NTACTUS or its employees, officers, directors duties.
Without prejudice to the above,NTACTUS 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 NTACTUS’ 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. I/We further agree that NTACTUS 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 my/our information, and/or signatures. NTACTUS will be under no duty to verify compliance with any restrictions on my/our investment powers. NTACTUS 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 NTACTUS will make every effort to have its computer systems available at all times, NTACTUS makes no guarantees with respect to the availability of such systems. NTACTUS will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, NTACTUS 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.
Electronic Payment Gateway
I/we understand that funds transfer for purchase of units of mutual funds will be done by using an Electronic Payment Gateway facility for net banking offered through a third party net banking service provider registered with the Reserve Bank of India. I/we agree not to use or permit the use of the payment gateway or any related services for any illegal or improper purposes.
I/we hereby acknowledge that I/We am/are utilizing the Electronic Payment Gateway at my/our risk. I/we agree and understand that these risks would include but not be limited to the following risks and NTACTUS/AMC/trustees of the AMC, disclaim all liability and responsibility for any claims, losses, damages, costs of whatsoever nature arising due to such risks:
- Misuse of Password:
I/we acknowledge that if any third party obtains access to my password of the Investments Services Account, such third party would be able to transact on NTACTUS’s online technology platform. I/We 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:
I/We understand that 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 NTACTUS online technology platform. Whilst NTACTUS shall aim to provide security to prevent the same, there cannot be any guarantee against such Internet frauds, hacking and other actions. I/We 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 my/our 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 my/our consent. I/We shall be liable and responsible to NTACTUS / concerned mutual fund /concerned AMC and accede to accept instructions without questions for any unfair or unjust gain obtained by me/us 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 and NTACTUS could be affected by virus or other malicious, destructive or corrupting code, program or macro. I/We understand that the site of NTACTUS or the bank may require maintenance and during such time it may not be possible to process my/our 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. I/We understand that NTACTUS 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 NTACTUS /bank/mutual funds/AMCS to process any transaction/payment instructions for whatsoever reason. I/We understand and accept that NTACTUS /AMC/trustee company of the AMC, authorised registrars of the AMC shall not be responsible for any of the aforesaid risks.
I/We are aware that NTACTUS may from time to time impose maximum and minimum limits on funds that may be transferred by virtue of the payment transfer service given. I/We realize and accept and agree that the same is to reduce my/our risks. I/We shall be bound by such limits imposed and shall strictly comply with them.
I/We agree and undertake to indemnify NTACTUS /mutual funds/AMCs/trustees to the AMCs/authorized registrar of the AMC 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.
- Withdrawal of Facility:
NTACTUS shall be entitled to withdraw this service at any time without assigning any reason whatsoever.
- Binding nature of above terms and conditions:
I/We agree that by use of this facility, I/We shall be deemed to have agreed to all the above terms and conditions and such terms and conditions shall be bound on me/us in the same manner as if I/We have agreed to the same in writing.
- Misuse of Password:
Role of NTACTUS
I/We expressly agree and acknowledge that any information contained in NTACTUS brochures or other materials or otherwise communicated by NTACTUS shall not be construed by me/us as investment advice and that all decisions to purchase or sell units made by me/us shall be on the basis of my/our own personal judgment arrived at after due consideration. I/We understand and agree that NTACTUS 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.
I/We further understand and agree that NTACTUS does not in any manner:
- subscribe to units of mutual funds on my/our behalf or in my/our name or collects payments from me/us for the units so purchased by me/us for remitting it further to the AMCs; or
receive any account statement from mutual funds/AMCs, on my/our behalf or in my/our name pertaining to the units; or
redeem /sell the units held by me/us on my/our behalf or in my/our 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 my/our behalf or in my/our name for purchase, sale or redemption of units; or
collect, receive and / or give receipts and discharges for any sum including dividend, interest or income arising from the units and does not sign and/or endorse dividend and interest warrants on my/our behalf or in my/our name; or
correspond with or gives notice to the mutual fund/AMCs on my/our behalf or in my/our name, except for transmission of transactions done or purported to be done by me/us on the online technology platform.
I/We understand and acknowledge that NTACTUS does not offer any advice and nothing herein or on the NTACTUS Website shall be construed as investment advice by me/us.
I/We understand that any sum invested through NTACTUS Investment Services Account is not a deposit with NTACTUS and is not bank insured. The same is not endorsed or guaranteed and does not constitute obligations of NTACTUS 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 my/our units will fluctuate. If I/We redeem my units/shares, I/We may receive more or less than I/We 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.
Any notice or other correspondence addressed by NTACTUS to me/us may be addressed to the first holder above at the address given by me/us or as may be intimated from time to time. If according to me/us there is any discrepancy in the particular or details of my transaction or account of statement then I/We shall be obliged to intimate the same to NTACTUS and to the concerned mutual fund/AMC/authorised registrar of the AMC in writing within 7 (seven) working days of the first holder receiving notice thereof, falling which such transaction, statement or account (as the case may be) shall be deemed to be correct and accepted by me/us and I/We shall not be entitled to question the correctness or accuracy thereof.
Use of NTACTUS Website
I/We acknowledge that in accessing and using the Services offered by NTACTUS, I/We may utilize the content and services offered on the NTACTUS Website. I/We agree to follow the terms and conditions for the use of such NTACTUS Websites as may be specified on such NTACTUS Website from time to time (“NTACTUS Website Terms”). Notwithstanding such acceptance of the NTACTUS Website Terms, I/We agree to the following:
- I/We agree that all information, content, materials, products (including, but not limited to text, content, photographs, graphics, video and audio content) on the NTACTUSWebsites is protected by copyright in the favour of NTACTUS under applicable copyright laws and is also protected otherwise under general intellectual property law.
- I/We agree that all information submitted by me/us to NTACTUSwhether through the NTACTUS Websites or otherwise shall be deemed to be the property of NTACTUS, and NTACTUS shall be free to use any ideas, concepts, know‐how or techniques provided by me/us at the NTACTUS Websites, in any manner whatsoever.
- I/We agree 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 NTACTUSWebsites, except that which I/We may download for my/our own personal, non‐commercial use.
- I/We agree that I/we will not useNTACTUS’s Websites for any purpose that is unlawful, or prohibited by these Terms. I/We also agree that I/we will not use NTACTUS’s Websites in any manner that could damage, disable or impair NTACTUS ‘ Websites or interfere with any other person’s use or enjoyment of NTACTUS’s
- I/We agree that the software and hardware underlying NTACTUS’s Websites as well as other internet related software which are required for accessing the NTACTUS Website are the legal property of the respective Vendors. The permission given by NTACTUS to access the NTACTUS Websites will not convey any proprietary or ownership rights in the above software/ hardware. I/We agree that I/We shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/ hardware underlying the NTACTUS Website or create any derivative product based on the software / hardware.
- I/We agree that not all the products and services offered onNTACTUS Websites are available in all geographic areas and I/We may not be eligible for all the products or services offered by NTACTUS on the NTACTUS NTACTUS reserves the right to determine the availability and eligibility for any product or service.
- I/We agree that NTACTUS/AMC is not responsible for the availability of content or other services on third party sites linked from the NTACTUS I/We are aware that access of hyperlinks to other internet sites are at my/ our own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by NTACTUS in any way. NTACTUS 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.
- I/We agree that NTACTUShas the absolute discretion to amend or supplement any of the NTACTUS Website Terms at any time without prior notice for such changes. I/We agree that the information and assistance provided on the NTACTUS Websites are true to the knowledge of NTACTUS and should not be construed as investment advice, and that NTACTUS shall have no liability for any discrepancy in any such information or assistance.
- I/We agree that an Account may be created offline, without accessing the NTACTUS In the event I/We create an investment services account offline, I/We understand and acknowledge that these Terms and Conditions and the Terms and Conditions of use of the NTACTUSWebsites will continue to be applicable to me/us for the use of the Services.
I/We agree to provide any and all information that may be required by NTACTUS /AMC/authorised service providers of the AMC from time to time in compliance with existing legal norms and regulations, including but not limited to contact information, address and tax‐related information and any information required under existing or future KYC norms and laws. I/We agree that NTACTUS /AMC/authorized service providers of the AMC may take steps to verify the veracity of such information provided by me/us and I/We agree to co‐operate with NTACTUS /AMC/authorized service providers of AMC in providing all information requested by NTACTUS. I/We acknowledge that failure to provide such information in a timely manner may result in my/our ineligibility to avail of some or all of the services of NTACTUS and that NTACTUS /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 my/our part. I/We agree that any information provided by me may be required to be shared with relevant regulatory / statutory authorities and I authorise NTACTUS to provide all information to such regulatory / statutory authorities as and when required.
I/We hereby agree that :
- Mutual Fund investments are subject to market risks, and I/we have read and understood all scheme related documents carefully before investing.
- The data, reports and information provided on the website does not constitute an investment advice and therefore should not be relied upon while taking investment decisions.
- The transaction execution services and the data, reports and information and recommendations, if any provided are incidental to the distribution services of the Mutual Fund Distributor and shall not in any manner be constructed as offering of any kind of investment advisory services or any kind of legal, tax or financial advice. Further it shall also not mean that any of Mutual Fund Distributor’s employees or associates have been in any wayinvolved in your decision making process. The investment decision, if any, will be taken by you in your sole and absolute discretion.
- All eligible benefits on investments will be as per the provisions of Income Tax Act 1961 as amended from time to time.
- This service does not constitute an offer to buy or to sell or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
- Mutual Fund Distributor/its authorised representative/service providers is not responsible for any omissions, errors or investment consequences arising from the use of the materials available on the website .
- Whilst every reasonable precaution has been taken to ensure the accuracy, security and confidentiality of data and information available through the Investment Account, the Mutual Fund Distributor/its authorised representative/its service provider shall not be held responsible for any consequence of any action carried out by you.
- The services/facility may suspend or withdrawn at any time, and that the Investment Account facility is also subject to interruption.
- The Website and the linked backend infrastructure may be inaccessible and/or unavailable at times. In such an event Mutual Fund Distributor will not be liable for any damage, liability, action, cause of action, suit, claim, demand, loss, cost, and expense arising directly or indirectly from or in connection with such system inaccessibility and/or unavailability.
- The Mutual Fund Distributor makes no express or implied
that the dealing through the Investment Account will be uninterrupted or free from errors or that any identified defect will be corrected;
that the Investment Account service is free from any virus or other malicious, destructive or corrupting code, program;
in relation to non-infringement of any third party rights, merchantability, satisfactory quality or fitness for a particular purpose.
Mutual Fund Distributor/its authorised representative and its service provider shall not be liable for any loss or damage or other consequences arising from any suspension, breakdown, withdrawal, interruption, technical flaw, the presence of virus or other malicious, destructive or corrupting code, programs over the MInvestment Account or otherwise and any consequent delay or failure in completion of any payment or other instructions as a consequence thereof arising from the use or inability to use the Investment Account.
Mutual Fund Distributor/its authorised representative and its service provider shall not be liable for any failure to perform any of its obligations or service standards etc if the performance is prevented, hindered or delayed by a Force Majeure Event, which includes any event due to any cause beyond the reasonable control including, without limitation, unavailability of any communication system including Internet, breach or virus in the processes or payment mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, breach of security and encryption codes.
NTACTUS may terminate the Services by giving 30 (thirty) days prior notice in writing to the Registered Customer provided that the Registered Customer shall not be relived of obligations hereunder notwithstanding such termination incurred prior to the date on which such termination shall become effective.
Governing Law and Jurisdiction Clause
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 Calcutta. These terms and conditions are subject to and shall be construed in accordance with the laws prevalent in India.
Terms and Conditions
Online Acceptance Text
“I hereby allow Ntactus Financial Service Pvt Ltd (FreEMI.in) to utilize my KYC information such as identity (name, PAN, age etc.), address and signature for sending it to Asset Management Companies for the purpose of validation and to comply with the legal and regulatory requirements. I hereby accept that for any transactions that are submitted offline i.e. with wet signatures, the signature available in my KYC records would be used for signature verification. I agree and understand that I/we shall be solely liable to inform the Ntactus Financial Service Pvt Ltd (FreEMI.in) / AMC in case of any change in my / our KYC information including change in signature/ signatories etc. and in the event of my / our signature not being updated, available or legible in KYC records, the Ntactus Financial Service Pvt Ltd (FreEMI.in) / ABSL AMC would be within its rights to carry out further checks to validate the authenticity of the request or reject any such offline request based on existing KYC information.”
Declaration/s / undertaking/s
Online Declaration/ undertaking to be obtained at the time of each on-line transaction
“Having read and understood the content of the SID / SAI of the scheme, I/we hereby apply for units of the scheme. I have read and understood the terms, conditions, details, rules and regulations governing the scheme. I/We hereby declare that the amount invested in the scheme is through legitimate source only and does not involve designed for the purpose of the contravention of 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/we have not received nor have been induced by any rebate or gifts, directly or indirectly in making this investment. I/We confirm that the funds invested in the Scheme, legally belongs to me/us. In event “Know Your Client” process is not completed by me/us to the satisfaction of the Mutual Fund, (I/we hereby authorize the Mutual Fund, to redeem the funds invested in the Scheme, in favour of the applicant, at the applicable NAV prevailing on the date of such redemption and undertake such other action with such funds that may be required by the law.) The Ntactus Financial Service Pvt Ltd (FreEMI.in) ARN NO:141396 has disclosed to me/us all the commissions (trail commission or any other mode), payable to him for the different competing Schemes of various Mutual Funds amongst which the Scheme is being recommended to me/ us. I/We confirm that I/We do not have any existing Micro SIP/Lumpsum investments which together with the current application will result in aggregate investments exceeding Rs. 50,000 in a year (Applicable for Micro investment only.) with respective AMC.”
For NRIs only –
“I / We confirm that I am/ we are Non Residents of Indian nationality/origin and that I/We have remitted funds from abroad through approved banking channels or from funds in my/ our Non Resident External / Non Resident Ordinary / FCNR account. I/We confirm that details provided by me/us are true and correct.”