This document outlines the disclaimers that apply to accessing and using the FINACCOFUND Platform, which includes the Website https://finaccofund.investwell.app, the Mobile Application “FINACCOFUND“, and any other subdomain or platform owned, developed, managed, or operated by FINACCOFUND Limited and/or its affiliates. FINACCOFUND Limited is a company incorporated under the laws of India and registered under the Companies Act, 2013. Together, the Website, App, and other related platforms are collectively referred to as the “FINACCOFUND Platform”. The terms “You”, “Your”, and “User” refer to individuals who use and avail themselves of the Services and Products through the FINACCOFUND Website/App/Platform, including both singular and plural.
This document constitutes an electronic record under the Information Technology Act, 2000. As it is generated by a computer system, no physical or digital signatures are necessary. Your acceptance of the terms and conditions shall be deemed as your agreement to use the Services provided by FINACCOFUND, which includes the App, Website, platform, and products, in accordance with the terms and conditions set forth by FINACCOFUND.
Liability of Our Services
Under no circumstances shall FINACCOFUND or any of its contractors, agents, licensors, directors, employees, associates, partners, or suppliers be held liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages. Such damages may include, but are not limited to, losses in investment products, lost business opportunities, lost revenues, loss of anticipated profits, or any other type of pecuniary or non-pecuniary loss or damage, regardless of how they arise.
Under no circumstances shall FINACCOFUND, its directors, employees, or agents be held liable to You or any third party for any damages, liabilities, losses, or causes of action arising from: (i) this Agreement; (ii) Your use of or access to the App and/or Website, or any reference Site/App/Platform/Service; (iii) Your use or inability to use the Services provided by FINACCOFUND (including any and all materials) or any reference Sites/App/Platform/Service; (iv) any other interactions with FINACCOFUND; or (v) any actions caused by AMC or RTA or any other third party, regardless of how they arise, and whether arising in contract, tort (including negligence), warranty or otherwise. The maximum amount of liability shall not exceed ₹500 or the amount required by Regulatory guidelines, whichever is lesser.
You acknowledge and agree that FINACCOFUND has provided its Services, established its prices, and entered into this Agreement with the understanding that the limitations of liability outlined herein are valid. These limitations of liability represent a fair and reasonable distribution of risk between You and FINACCOFUND, and they are an essential component of the agreement between the two parties. Without these limitations, FINACCOFUND would not be able to offer the Services on an economically feasible basis. In all instances, FINACCOFUND and its affiliates, employees, representatives, contractors, agents, licensors, directors, associates, partners, suppliers, and distributors will not be held liable for any loss or damage that is not reasonably foreseeable or beyond the onus or management of FINACCOFUND, or that falls under the control or management of external partners or third-party service providers.
User Data
FINACCOFUND‘s automated systems may gather and analyze data on your browsing behavior or investment decisions on the platform to offer customized features like tailored messages, product recommendations, and advertising based on your preferences. This analysis is conducted as your usage data is collected in our systems. FINACCOFUND utilizes this data to personalize and enhance your experience to the best of its abilities, and we urge you to make your own investment decisions by studying and comprehending the investment products. Once you receive advice, it is up to you to decide whether to follow it in part or in whole or disregard it entirely. You have complete freedom to choose the execution of Mutual Funds you wish to invest in, whether or not you have received advice from FINACCOFUND. Additionally, viewing information about certain Mutual Funds on the website or app does not constitute advice. While providing Advisory Services, FINACCOFUND has not conducted any regulatory, legal, tax, or accounting analyses concerning the suitability of your investment products. Therefore, you should seek appropriate professional advice, including tax advice, before making any decisions regarding realized or unrealized gains or losses reflected in your investments, portfolio, or statements.
Contingency Process
The availability and functionality of some services, such as Account Information and Maintenance, are dependent on a secure and uninterrupted connection to external providers. FINACCOFUND cannot guarantee that such connection will always be available or free from errors or downtime, as it is provided by third parties over whom FINACCOFUND may have no control. FINACCOFUND will make every effort to provide an alternative solution, but it reserves the right to suspend these services if it believes that the security of the site or the data may be compromised.
Offer Document General Disclaimer
Mutual Funds investments are subject to market risks. Read all scheme related documents carefully. Past performance is not an indicator of future returns.
FINACCOFUND serves as an intermediary that collects user orders and submits them to the relevant AMC or collection agent. The company does not offer regulatory, legal, tax, or accounting advice on the suitability of investment products. Users should seek professional advice, including tax advice, before investing and managing their portfolio’s gains and losses.
Users should also note that any returns or benefits resulting from transactions made through FINACCOFUND are subject to applicable tax deductions as per Indian taxation laws.
It is important to note that FINACCOFUND‘s services do not constitute an offer or solicitation to buy or sell securities in any jurisdiction where such activities are unlawful.
FINACCOFUND makes no warranties or representations, whether express or implied, regarding the products available through the FINACCOFUND Platform. The information and figures provided on the platform are presented “As Is” and should not be considered as recommendations or advice. These details will be updated based on the information received from the entities responsible for providing the information.
FINACCOFUND and its service providers are not responsible for any failure to meet service standards or obligations due to a Force Majeure Event. Such events include circumstances beyond their reasonable control, such as the unavailability of communication systems, virus attacks, payment mechanism failures, natural disasters, civil unrest, strikes, government actions, and other similar events. These events may impact the performance of the platform, but FINACCOFUND and its service providers will not be held liable for them.
Onus of Providing User Information
The user acknowledges and agrees that all communication from FINACCOFUND will be sent to the email and mobile number provided in their user profile. These contact details may differ from the email and mobile number used to register or log in to both FINACCOFUND. If the user needs to update their communication details, they must do so in their FINACCOFUND record or with external entities as required by regulations or industry best practices.
The user affirms that the information provided on FINACCOFUND is accurate, complete, and truthful. FINACCOFUND will only send communication to the email and phone number listed under “Communication Details” in their FINACCOFUND account.
Mutual Fund Details
The mutual fund information displayed on the FINACCOFUND website and app is obtained from third-party vendors over whom FINACCOFUND has no control or authority. The information is either directly acquired from these vendors or derived from it. FINACCOFUND will strive to display the most up-to-date data, but it does not guarantee the accuracy, relevance, or timeliness of the information. Users should invest at their own discretion based on this information.
1. Returns Graph
The user understands that any graphical representations, recommendations, feedback, and reviews provided on the FINACCOFUND website and app do not guarantee the performance of the funds or assess the creditworthiness of the fund or its underlying securities. The graphical representations are merely factual depictions of fund performance and do not constitute investment advice. Actual returns may differ significantly and depend on personal and market circumstances. The graphs are created based on data obtained from third-party data providers, and FINACCOFUND assumes no responsibility for its accuracy, correctness, relevance, or timeliness. Users should invest at their own discretion based on this information.
2. Asset Management Company (“AMC”)
Information regarding AMC (Asset Management Company) displayed on the FINACCOFUND app is obtained from third-party vendors, and FINACCOFUND has no control or authority over the authenticity of the information. The data displayed is either obtained directly from third-party vendors or derived from it. Although FINACCOFUND will strive to provide the most up-to-date data, it does not take responsibility for the accuracy, relevance, or timeliness of the information. Users are advised to exercise their own discretion while making investment decisions.
3. Insta Redemptions
FINACCOFUND uses the term “Insta Redemption” for funds that offer instant redemption facility in collaboration with the respective Asset Management Companies (AMCs). These funds fall under SEBI guidelines, which stipulate that users can withdraw up to ₹50,000 or 90% of the latest value of their investment, whichever is lower, per day per user per scheme. FINACCOFUND is not responsible for the amount or timeline of the redemption proceeds being credited to users’ bank accounts. The credit of funds will be done in accordance with the bilateral contract between the AMC and the user. FINACCOFUND only acts as an intermediary in this transaction, and any issues related to Insta Redemptions should be directed to the respective AMC.
4. Performance & Returns
FINACCOFUND receives the returns and other performance details shown on its app from third-party vendors, and it has no control or authority over the legitimacy of the data. The data shown is either directly acquired from the third-party vendors or derived from it. FINACCOFUND takes no responsibility for the correctness, relevancy, or update of the data, although it will attempt to show users the most recent data. Users are advised to invest at their own discretion.
5. Comparison
FINACCOFUND receives the comparison and other performance details shown on its app from third-party vendors, and it has no control or authority over the legitimacy of the data. The data shown is either directly acquired from the third-party vendors or derived from it. FINACCOFUND takes no responsibility for the correctness, relevancy, or update of the data, although it will attempt to show users the most recent data. Users are advised to invest at their own discretion.
6. Riskometer
The riskometer shown on FINACCOFUND‘s app or website as part of Mutual Fund scheme details is received from third-party vendors, and FINACCOFUND has no control or authority over the legitimacy of the data. FINACCOFUND is not responsible for the outcomes of any investment or redemption decisions made by users based on the riskometer on the Mutual Fund page. Mutual Fund Investments are subject to market risks, and users should read the scheme-related documents carefully before investing. Past performance is not an indicator of future returns.
7.Riskometer vs User Risk Profile
FINACCOFUND displays a user’s risk profile against the scheme’s riskometer as part of Mutual Fund information. Certain guidelines are provided for a user with a particular risk profile vs. the risk of that Mutual Fund. This mapping is purely indicative, and FINACCOFUND is not responsible for the outcomes of any investment or redemption decisions made based on these guidelines. Mutual Fund Investments are subject to market risks, and users should read the scheme-related documents carefully before investing. Past performance is not an indicator of future returns.
8. Recommended date for Investment (in SIP mode)
FINACCOFUND recommends a date for systematic investment plan (SIP) to its users for some Mutual Funds based on the last 12-month performance of the Fund. This is a purely indicative number, and FINACCOFUND takes no responsibility for the underlying data received from third-party vendors. Users are not expected to base their decisions on the data showcased.
9. Holdings / Sectors / Instruments / Debt
The information displayed on the FINACCOFUND app or website regarding mutual fund holdings is obtained from third-party vendors, and FINACCOFUND does not have control or authority over the accuracy of the data. The data presented is either obtained directly from third-party vendors or derived from it. While FINACCOFUND will make an effort to provide the most up-to-date information, it is not responsible for the correctness, relevance, or timeliness of the data. Users are advised to use their discretion when investing.
10. KYC / Investment Readiness
The user acknowledges that opening an account is subject to providing accurate, complete, and correct information for KYC verification in accordance with applicable regulations. FINACCOFUND will collect all necessary information from the user for KYC verification and investment readiness. During the investment process, this KYC information will be transmitted to KRA and/or CERSAI. FINACCOFUND is not responsible for any delays in processing KYC requests from third-party agencies. Additionally, FINACCOFUND has no control over the acceptance or rejection of KYC information or the timelines for updating it.
The user agrees to provide the correct documentation and information as listed in the app for the Investment Readiness process. The user acknowledges that failure to provide the required documentation and information may result in FINACCOFUND or KRA or CERSAI or AMC/RTA rejecting their KYC. The user also agrees that FINACCOFUND has the right to reject a KYC application for any reason, including but not limited to erroneous, incomplete, or misleading information provided by the user or noncompliance with KYC norms of SEBI as per regulations, without assigning any reason. FINACCOFUND or AMC/RTA may request additional details for complete due diligence of the user as required by regulations or requested by CERSAI/KRA/AMC/RTA/UIDAI or any other governing agency.
11. PAN Card Check
The user agrees to provide accurate, complete, and correct PAN Card details, and understands that opening an account is subject to the accuracy of the PAN information provided. PAN validation will be performed using the IT department’s PAN database. FINACCOFUND is not responsible for any PAN rejections due to PAN unavailability or status of PAN in the IT department database.
12. IPV / Photo
FINACCOFUND will use the photo and video of the user for in-person verification required for KYC verification, as mandated by regulations. The user agrees to provide the correct documentation and information to FINACCOFUND for the purpose of in-person verification. The user understands and agrees that failure to provide the required information for IPV or correct information will result in FINACCOFUND rejecting their KYC.
13. Personal Info
Personal information provided by the user will be used by FINACCOFUND to open the user’s account on FINACCOFUND, process the user’s KYC, and make the user investment-ready (Account Opening Form, Nominations, Declarations, and FATCA), and will be shared with other partners such as AMCs and RTAs in accordance with regulations. The user is responsible for providing correct personal information that matches the supporting documents or information provided for verification. The user agrees that the name in the account will be their name as per their PAN Card.
14. Bank Account Verification
FINACCOFUND verifies a user’s Bank Account(s) by checking the Account Holder Name against the name provided in their KYC records. This may involve an automated integration with the user’s bank or a manual check of details such as Account Holder Name or Account Number on documents like a Cancelled Cheque, Account Statement, Passbook, or Bank Letter. FINACCOFUND will not be liable for any changes in Bank Account ownership details after validation, unless the user specifies such changes, and it is the user’s responsibility to keep their bank account details up-to-date.
15. Aadhaar Number
To comply with applicable regulations, FINACCOFUND will use UIDAI’s services to facilitate the user’s KYC process. The integration with UIDAI will provide reliable and accurate information, and the use of these services will be governed by UIDAI’s terms and conditions. If there are any uncertainties or concerns, users are advised to verify with relevant authorities or obtain appropriate professional advice.
16. FATCA Declarations
Users must provide accurate FATCA declarations to invest on FINACCOFUND Platform. Currently, only Indian citizens who are tax residents of India can invest. The user is solely responsible for providing correct FATCA declarations, and FINACCOFUND will not be responsible for any actions taken by authorities in case of incorrect declarations.
17. Account Opening Forms
FINACCOFUND will generate the account opening form based on the user’s KYC and investment readiness information and forward it to the relevant RTA in the required format. While FINACCOFUND makes an effort to collect and represent the user’s information, it will not be responsible or have any control over any rejections made by AMCs or RTAs based on the information submitted by the user.
18. Communication Details
FINACCOFUND will share the user’s communication details with AMCs/RTAs for transaction-related communication. The user is responsible for providing accurate email address and phone number to receive communication from RTA and AMCs. FINACCOFUND will not be responsible for non-receipt of communication due to incorrect communication details. While FINACCOFUND makes best effort to collect and represent your information, it is not responsible or has any control for any rejections made by AMCs or RTAs on basis of information shared and submitted by you.
19. Nominations
The user’s nominees declared on FINACCOFUND will be mapped to all the folios created by the user across all AMCs invested through FINACCOFUND, unless modified by the user directly with the AMC or RTA. FINACCOFUND will not be responsible or have any control over any rejections made by AMCs or RTAs based on the information submitted by the user.
Portfolio
FINACCOFUND provides various value added services such as script wise Profit and Loss, Portfolio services, Corporate Action adjustment, Capital gain and Tax calculations etc., on best effort basis, to capital market clients who avail of mutual funds’ execution or broking service or any other service that FINACCOFUND provides from time to time. While FINACCOFUND takes due care while providing these services. It is the responsibility of the client to check and verify the information / calculations of such value added services before acting on the same. FINACCOFUND would not be responsible for any error in the information/ calculations of the information provided under such value added services.
1. Portfolio Insights
In regards to portfolio insights, FINACCOFUND displays the portfolio holdings and their exposure to sectors/instruments/asset classes/stocks but does not provide any advice or warranty on future performance. Users should verify the accuracy of the information and can come up with their own insights.
2. Statements
Statements provided by FINACCOFUND are solely for informational purposes, and the recipient is responsible for any investment decisions made based on the information provided. The information contained in the statement(s) is updated based on information received from sources such as AMCs, RTAs, or third-party service providers.
The figures calculated based on historical returns are for representational purposes only and do not offer any guarantee on returns. The information relating to the Market Price / NAV of the schemes have been obtained from third party sources, which are believed to be reliable. FINACCOFUND does not warrant the accuracy, reasonableness and / or completeness of any information.
FINACCOFUND reserves the right to rectify discrepancies in the statement(s), if any, at any point of time. FINACCOFUND is authorized to engage and utilize services of third parties / vendors to prepare & send e-mail statement(s). FINACCOFUND is not responsible for any loss or delay in receipt of the statement(s).
3. Transaction History
Transaction history provided by FINACCOFUND may change over time and is dependent on third-party service providers. FINACCOFUND is not responsible for the accuracy or relevancy of the transactions presented.
4. Risk Manager / Profiling
The Risk Manager/Profiling service provided by FINACCOFUND is based on information presented by the user and their own discretion should be used in making any investment decisions.
Overall, FINACCOFUND makes no guarantees nor does it claim accuracy of the information provided under its value-added services and recommends that clients verify the information before making any investment decisions.
Payments
Payment Gateway provided by Exchange
FINACCOFUND employs a third-party payment gateway to facilitate money transfers, and completed transactions cannot be cancelled. The User must use their own bank account, or the transaction may be rejected. In case the credit is not visible in the User’s account immediately after transferring funds through the instant payment gateway, the User must wait at least 24 hours for the funds to reflect in the account. FINACCOFUND does not accept cash or demand deposit as payment.
1. UPI
You can transfer funds using UPI. You may initiate the payment from our website/mobile application.
2. Bank Transfers – IMPS/RTGS/NEFT
FINACCOFUND utilizes exchange payment gateway services to provide users with bank transfer functionality. This involves sharing the user’s bank account information with the payment gateway, which is done only after the user gives consent while enabling the Bank Transfers feature. This enhances the user’s experience and enables FINACCOFUND to verify the funds transferred by the user from their registered bank accounts.
If the bank account used to transfer funds is not registered with Ghanshyam Investmentsor does not belong to the user, the Payment Gateway provider will initiate a refund on the same day, subject to credit realization. The turnaround time for payment gateways and banks can vary up to 7-10 working days.
3. Net Banking
Users can use the net banking facility to transfer funds, which can be initiated through FINACCOFUND‘s app/website. It is advisable for users to use their own Net Banking Account while transferring funds. FINACCOFUND shall not be responsible for any failed or pending transactions or fraudulent use of Net-banking in any way. Any fraudulent transaction or attempt shall be subject to legal action under the relevant section of the Indian Penal Code (IPC). In case of a failed transaction, the user may be charged by their bank, and FINACCOFUND shall not be liable for any such charges.
4. Mandates
FINACCOFUND offers different recurring payment options through mandates, which are applicable to all products provided by the company. Only verified bank accounts are registered for bank mandates. FINACCOFUND is not responsible for failed or pending transactions resulting from approved mandates. If there are any modifications in account details or a closed account, users are responsible for updating the mandates. Users must abide by the disclaimers and terms and conditions of third-party service providers and payment gateway disclaimers. Although FINACCOFUND takes reasonable care to protect against unauthorized data use, the company cannot guarantee that using its services will not lead to data theft or unauthorized use. Users are responsible for ensuring the transaction’s success and accept the risk and responsibility by agreeing to these terms and conditions.
Transactions
1. Financial Transactions
FINACCOFUND endeavors to process transaction requests for Mutual Funds to the best of its ability. The requests will be processed according to the business rules and cut-off times in effect. However, FINACCOFUND cannot guarantee the processing of these requests in the event of system failures on its end. If any system failure occurs with the RTA/AMC/Payment Gateway Provider/Bank, FINACCOFUND and its users will rely on the fallback provided by the respective service provider. This disclaimer must be read in conjunction with payment settlements. Users acknowledge that FINACCOFUND serves as an intermediary for facilitating financial transactions and is subject to the capabilities and timelines of AMCs/RTAs/Payment Service Providers/Banks involved in the said transactions.
2. Non-Financial Transactions
For Mutual Funds, FINACCOFUND will make a best effort to send the transaction request to the RTA (acting on behalf of the respective AMCs). The processing of the request will be handled according to the existing business rules at the RTA. If there are any system failures at FINACCOFUND, we will endeavor to process the request as soon as possible but we cannot guarantee this. In case of system failures at the RTA, FINACCOFUND and its users will rely on the fallback provided by the RTA. Users should note that FINACCOFUND acts as an intermediary between the user and the AMC for the purpose of facilitating Non-Financial Transactions. FINACCOFUND is limited by the capabilities and timelines provided by the AMCs / RTAs for such non-financial transactions.
3. RTA
For Mutual Funds, FINACCOFUND will provide transaction data to each RTA (on behalf of respective AMCs) in a format agreed upon by both parties, and the transaction will be processed by the RTA according to existing business rules. Confirmation of each transaction’s status will be received by FINACCOFUND from the RTA in a format mutually agreed upon with the RTA and AMC. Transaction processing time and business logic are beyond the control of FINACCOFUND.
The user understands that FINACCOFUND is only acting as a platform. User enters into a bilateral relationship with AMC / Mutual fund when he places and orders with the relevant AMC, or any entity acting as a collection agent on its behalf.
4. Settlements
The settlement to the respective bank account(s) is done by the Banks and Exchange Payment Gateway and will be done on a best effort basis as per their timelines. The applicable Net Asset Value (NAV) for the purchase of units of mutual fund will be subject to realisation and availability of funds in the bank account of AMC/Trustee before the applicable cut-off timings, as specified by AMFI/SEBI for Mutual Funds, regardless of the amount of investment, and according to the business logic at the corresponding RTA. The settlement for both lumpsum and SIP in Mutual Funds will be the same depending on the mode of payment.
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