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TERMS & CONDITIONS

Effective date: 21 April 2018

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The domain name ‘www.mywealthguide.com’ (hereinafter referred to as "Website" or "the Site") is owned and operated by My Wealth Guide ("Company", "MWG", "we", "us", "My Wealth Guide"). 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 MWG’s relationship with you in relation to this Site. Accessing MWG 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 MWG 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. 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:

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1. Definitions

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  • "AMC" shall mean and include Asset Management Company.

  • "MWG" or "us" or "we" or "our" or "MWG" or "Company" shall mean and refer to My Wealth Guide

  • "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 MWG through its online technology platform for the purchase, switch and redemptions of units of mutual funds listed on the MWG 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 MWG, 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 "MWG Website" means www.mywealthguide.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 MWG.

  • "SIP" shall mean Systematic Investment Plans.

  • "NAV" shall mean Net Asset Value.

  • "Vendors" shall mean all third-party service providers employed by either MWG or AMCs to deliver Services to users.

 

2. Website Use

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User acknowledges that in accessing and using the Services offered by MWG, user may utilize the content and Services offered on the MWG website. User agrees to follow the terms and conditions for the use of MWG website as may be specified on the Site from time to time. Notwithstanding such acceptance of the MWG website Terms, user acknowledges and agrees to the following, that:

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  • 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 MWG 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 MWG 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.

  • User agrees that the information and assistance provided on the MWG website are true to the knowledge of MWG and should not be construed as investment advice, and that MWG shall have no liability for any discrepancy in any such information or assistance.

  • MWG is not responsible for the availability of content or other services on third party sites linked from the MWG 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 MWG in any way. MWG 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.

  • MWG has the absolute discretion to amend or supplement any of the MWG 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 MWG website. In the event User creates an investment account offline, user understands and acknowledges that these Terms and Conditions for use of the MWG 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 MWG 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.

  • MWG shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the MWG 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 MWG website is protected by copyright under applicable copyright laws and is also protected otherwise under general intellectual property law.

  • All information submitted by user to MWG whether through the MWG website or otherwise shall be deemed to be the property of MWG, and MWG shall be free to use any ideas, concepts, know‐how or techniques provided by such users at the MWG website, in any manner whatsoever.

  • Not all the products and services offered on MWG’s website are available in all geographic areas and user may not be eligible for all the products or services offered by MWG on the Site. MWG reserves the right to determine the availability and eligibility for any product or service.

 

User agree that any and / or all information that may be provided by you to MWG 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 MWG with the mutual funds/AMCs or their vendors, legal and tax consultants in compliance with the extant legal provisions from time to time.

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User agree to provide accurate information and supporting documents to MWG and understand that if information provided is false, inaccurate or incomplete information, MWG will not be able to provide its Services.

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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.

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Investments from persons from the country other than India may not be permitted in certain mutual funds. MWG/ 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.

 

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 MWG to user from time to time, would be processed on the same day. Any transactions done after the prescribed cut off time will be deemed to be received on the next working day and will be processed accordingly.

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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 MWG and consistent with the terms of the Scheme. However, MWG 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, MWG /AMC/vendor reserve the right to reject the same and in such a case MWG/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.

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3. Link to Third Party

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MWG 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 MWG 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. MWG 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.

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4. No Objection from the User(s)

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User acknowledges and grants no objection to MWG to do or place transaction requests for the User 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.

 

5. Account Statement

 

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

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6. Liability of MWG

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  • MWG shall not in absence of gross negligence on the part of MWG, 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 MWG or its employees, officers, directors, nominee or agent of MWG’s duties. Without prejudice to the above, MWG 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 MWG’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 MWG 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.

  • MWG will be under no duty to verify compliance with any restrictions on user’s investment powers.

  • MWG 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 MWG will make every effort to have its computer systems available at all times, MWG makes no guarantees with respect to the availability of such systems. MWG will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, MWG 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.

  • MWG 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 MWG harmless and free from any claim in respect thereof. MWG 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.

  • User agrees to indemnify, defend, and hold My Wealth Guide and its authorized service providers harmless from and against any and all losses, including legal fees, arising out of or relating to your failure to provide:

    • True and accurate information to My Wealth Guide or to update the information as required.

    • Timely instructions to change or cancel investments per the time period and information provided by My Wealth Guide.

  • MWG will not be liable for any loss, notional or otherwise, incurred because of

    • Delays either at the Bank, Registrar and Transfer Agency or AMC.

    • Rejection of my instructions by the Bank, Registrar and Transfer Agency or AMC.

    • Any inaccuracy or typographical error on the Website or the mobile application or any written, E-mail & SMS communication. MWG specifically disclaims any liability for such inaccuracies or errors.

 

7. Function of MWG

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Any information contained in MWG brochures or other materials or otherwise communicated by MWG 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. MWG does not in any manner:

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  • 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

 

Any sum invested through MWG account is not a deposit with MWG and is not bank insured. The same is not endorsed or guaranteed and does not constitute obligations of MWG 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.

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8. Notices/ Correspondence

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Any notice or other correspondence addressed by MWG to user may be addressed to the email 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, it shall be the responsibility of the user to intimate the same to MWG 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.

 

9.User Information

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User shall provide any and all information that may be required by MWG/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 MWG/AMC/vendors may take steps to verify the veracity of such information provided and shall co‐operate with MWG/AMC/vendors in providing all information requested by MWG. 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 MWG and that MWG/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 MWG 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.

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10. Termination of Services

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In case the user violates this agreement, or any local or international laws, MWG may, at any time and at its sole discretion, terminate the user’s MWG 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 MWG and/or terminate your account with MWG 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.

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11. Regulatory Caution

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Mutual Fund investments are subject to market risks, read all scheme-related documents carefully.

 

12. Governing Law

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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. All disputes are subject, firstly, to discussions in good faith, and then to arbitration by a sole arbitrator appointed by My Wealth Guide. The venue of arbitration will be Mumbai.

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13. Unenforceability

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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.

 

14. 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 MWG agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding between you and MWG, 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.

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