CUSTOMER TERMS & CONDITIONS – FINWISELY FINTECH SERVICES PRIVATE LIMITED

The Customer (referred to as “You / “Customer” (as defined hereinbelow)””), hereby agrees to avail "Services" by accepting and subscribing to the following Terms and Conditions either by clicking "I Agree" button or by providing the consent and verification code at the end of these Terms and Conditions on the Website Finwisely.com and Finwisely Customer and Partner Mobile Application (herein referred to as “Website”) of FFSPL. Your acceptance of these Terms and Conditions shall be unconditional and without any limitation or qualification.

This Website is owned and operated by FFSPL

In case You do not agree to these Terms and Conditions of use, then please stop using the Services and information provided by the Website. Continued use of the Website would be deemed as your acceptance to the Terms and Conditions, Privacy Policy and Disclaimers of this website.

Terms and Conditions Website

You also declare that the information provided and/or self-certified copies of KYC documents like email ID, Mobile Number, Address Details, Proof of Identity and/or Proof of Address documents viz PAN Card Number, Driving license etc. , or any other details sought submitted for registration and/or opening of an account for mutual fund related transactions or availing of other productions and services offered by FFSPL, are correct and valid and the same shall vest with FFSPL. You confirm and consent that the documents provided herein may be used by FFSPL to ensure compliance with all relevant and applicable regulatory & KYC requirements. This information can be shared with the Regulatory bodies like SEBI/RBI/IRDA if and when sought from FFSPL by these regulators.

Website

  1. DEFINTIONS
    1. “Applicable Law" shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any governmental authority or regulator having jurisdiction over the matter in question, whether in effect as of the date of these Terms and Conditions or thereafter and shall include the applicable SEBI Guidelines.

    2. "Applicant" shall mean legal and natural person who applies for availing the Services.

    3. "Customer" shall mean an Applicant who, accepts these Terms and Conditions to avail the Services and create and account to use the Website.

    4. Customer "Website" shall mean a platform which

      1. shall be utilised by various third party service provider under an arrangement with FFSPL for providing services to the Customer

      2. will be use by FFSPL to provide various services to the Customer and

      3. will be the holder of payment instruments. The Website can be accessed through the FFSPL url www.finwisely.com or any other channel/platform facilitated & permitted by FFSPL.

    5. "Services" means the payment gateway and/or other services offered/made available by FFSPL by operation of the Wallet and /or through any other mode approved by FFSPL to the Customer.

    6. "KYC Guidelines / KYC" shall mean the Know Your Customer ("KYC") guidelines as set forth by the regulators.

    7. "FFSPL" shall mean Finwisely Fintech Services Private Limited, a company incorporated in India under the Companies Act, 2013, having its registered office at 906 Mayuresh Chambers, Sector 11, CBD Belapur, Thane, Maharashtra, India - 400614 and having CIN U67190MH2018PTC311218 , and shall include its successors and permitted assigns.

    8. "Transactions" means any transactions made by the Customer using the Website including transactions initiated by or on behalf of the Customers.

  2. GENERAL CONDITIONS
    1. The Customer hereby authorises FFSPL to provide Services. The Customer shall promptly inform FFSPL about any changes in Customers permanent and/or communication address and/or other relevant details and provide the supporting KYC document(s) that FFSPL may require from time to time for onward submission to the relevant regulators / authorities / Asset Management Companies

    2. The Customer confirms that he is competent to contract and that he Customer is sound mind.

    3. The Customer shall not use Services for any purpose that might be construed as contrary or repugnant to any Applicable Law, public policy or for any purpose that is contrary to FFSPL policy or might prejudice the goodwill of FFSPL.

    4. The Customer shall ensure that your details with us are most current and correct. Please note that to access this Website as a registered user You would be required to have a “Login ID” and “Password”. FFSPL retains the right to allocate the Login ID to You as per their own discretion. You must ensure that You keep this Login ID and Password secure with yourself and do not share your password with anyone to prevent unauthorized access. FFSPL shall have no liability incase of unauthorized access that results with your sharing of password with others.

    5. The Customer agrees that FFSPL and/or its affliates shall use the Mobile number / Email Address / Address Details provided by the Customer for communicating with the customer. You also allow FFSPL and/or its affiliates to call on the mobile number provided by You to explain and/or facilitate your online/offline transactions in mutual funds, and/or other products and services availed by the Customer to sort your queries regarding your account onboarding, transactions settlement and query/issue resolution etc. You may opt out of some of these communications, if You deem fit. FFSPL would not be held responsible for non delivery of these communications as these communications are carried through third party service providers which may be beyond FFSPL’s control.

    6. FFSPL would also generate alerts and news flash for You in your account. These could also be sent as SMS/Whatsapp on your Mobile number or as emails on your email address provided to FFSPL. You hereby agree to receive all these communications and alerts from FFSPL.

    7. It would be your responsibility to maintain the computers/Mobile device/Tablets/Internet Access required to access and utilize this site.

    8. The Customer agrees that FFSPL shall make available third party services on the Website for the Customer. The Customer shall accept the Terms and Conditions of such third party service provider including the Bombay Stock Exchange for availing the services from such third party service provider through the website. The Customer agrees that FFSPL shall not be responsible for any disputes in relation to the goods/services of such third parties including Bombay Stock Exchange and the Customer shall resolve its dispute with such third parties directly and the Customer agrees to indemnify and keep FFSPL indemnified from any disputes, costs, compensation, litigation, loss etc. arising out of and related to the same.

    9. All terms and condition of third party service provider shall be applicable for availing service through Wallet from the said third party service provider.

    10. To avail of the Services from any Branch location, the Customer are required to only approach the authorized and certified personnel appointed by FFSPL displaying the requisite brands and logos of Services.

    11. The Customer shall be issued by FFSPL OTP and/or code and/ or password and/any other mode of authentication for operation of the Website and/or Transaction (each hereinafter referred to as “Authentication PIN”) during the term of these terms and conditions. The Customer shall accept sole responsibility for use, confidentiality and protection of the Authentication PIN. The Customer shall not disclose the Authentication PIN to any other person and shall not respond to any unauthorized SMS/ e-mail/ phone call in which the Authentication PIN is asked for. FFSPL shall, in no manner whatsoever, be held responsible or liable, if the Customer incurs any loss as a result of the Authentication PIN being disclosed/ shared by the Customer with any unauthorized persons or in any other manner whereby the security of the Authentication PIN is compromised. The Customer shall be responsible for all activity in the website, whether authorised by the Customer or not.

    12. The Customer agree and acknowledge that the Services are non-transferable.

    13. Any information submitted by the Customer while using the Services may be shared with third parties by FFSPL, inter-alia, to facilitate the provision of Services. The Customer acknowledges that any information provided to FFSPL with the intention of securing the Website/Services shall vest with FFSPL (as the case may be), and may be used by FFSPL, at its discretion, for any purpose consistent with any Applicable Law. The Customer agree and acknowledge that no cash is to be paid to any FFSPL employee, partner, associate or any third party solicitating business in the name of FFSPL. FFSPL does not seek any kind of cash payments from its customers for any transaction.

  3. ADDITIONAL CONDITIONS and INVESTING THROUGH the WEBSITE
    1. While You register on the Website and start investing, it would be your responsibility to provide correct information on your PAN, Residential and Contact Address, Bank Account Details, Tax related and other Personal details. You would also be required to upload relevant documents like PAN card Copy, Address Proof Copy, Bank Statement or Cancelled Cheque and Signature copy. This information would be used for facilitating your transaction and this information would also be shared with regulators, Asset Management Companies (AMC), Registrar and Transfer Agents (RTA), Bombay Stock Exchange (BSE), Payment Gateway Providers, Financial Institutions for products opted by you and other relevant entities. Your account for Mutual Fund transactions would only be activated once your Know your Client (KYC) details have been assessed and checked and found to be correct as per the SEBI mandated laws and rules for KYC. In case FFSPL observes any discrepancy then your request for registration can be cancelled. Any change in personal, PAN, Bank details should be shared with FFSPL as soon as possible. Before investing in any Mutual Funds through FFSPL website, You must read the scheme offer documents carefully. The scheme offer documents are available on the Asset Management Company Websites. The links to the Asset Management websites are also available on FFSPL Website and can also be accesses by visting the relevant Mutual Fund website. All Mutual Fund purchases must be done only and only from all your own bank account. If You transfer funds from any other bank account then your order may not be processed or even if it has been processed it can be reversed later by RTA/BSE. It is also your responsibility to ensure that all the amounts invested in Mutual Funds are through legitimate sources only and are not in contravention of any Regulations, Rules, Acts, Notifications, and Provisions of the Income Tax Act, Anti-Money Laundering Laws, Anti-Corruption Laws or any other applicable laws enacted by the Government of India. If You are an NRI, then You confirm that You are a Non Resident of Indian nationality or origin and have remitted funds only through your own Non Resident External / Non Resident Ordinary account. FFSPL might not be able to serve all geographies for distribution of its products and reserves the right to not offer its products and services to any Customer as per its sole discretion. For all other products sold by FFSPL through its Website relevant details which are required by the respective Financial Institutions will be sought from you.

    2. The registration to the FFSPL Website to invest in Mutual Funds or apply for any other Financial Services and Products has been done solely by You after having read all the terms and conditions. FFSPL does not share your login information with anyone and You must ensure that You do not share your login credentials (User ID and Password) with any third parties. You would be solely responsible for any unauthorized access of your account due to this sharing. You must also intimate FFSPL immediately of any such unauthorized access. Your continued use of the FFSPL Website implies that You have read the Terms and Conditions and have agreed to adhere to those terms and conditions. FFSPL reserves the right to terminate your account in case of any violations of the Terms and Conditions as per its sole discretion.

    3. FFSPL has taken great care and effort in doing research in putting together the information, data and analysis to facilitate and help You in taking investment decisions that You could be best for You to meet your investment goals. The information available on the FFSPL website, the recommendations and other data available does not amount to Investment Advice. You must take independent financial planning, legal, accounting, tax or other professional advice before investing or withdrawing from Mutual Funds schemes being offered by FFSPL on our Website or through our Offline channels. FFSPL has also put in all efforts to collect the information from Financial Institutions for rendering products and services related to Loans, Credit Cards and other financial products to enable you make an analysis and provide you understanding of the features. The information available on the FFSPL website, the recommendations and other data available does not amount to confirmation to avail the particular product and/or services. You should make your own assessment or professional advice wherever applicable before availing for the said products and/or services.

    4. FFSPL has tied up with the Bombay Stock Exchange (BSE) Star MF platform to process all your Mutual Fund Buy / Purchase / Switch / Systematic Investment Plan (SIP) / Systematic Transfer Plans (STP) / Systematic Withdrawal Plan (SWP) etc. and pass them to the relevant AMC and RTA for processing. The Payment Gateway available on the FFSPL Website is also provided by BSE Star MF platform. FFSPL does not offer all mutual Fund schemes for investing for its registered users and is not obliged to do that. FFSPL would only be able to offer schemes that are available on the BSE Star MF platform. FFSPL only distributed AMC products and does not warranty or guaranty the AMC or any mutual fund schemes that they offer. Your details like PAN, Address Details, FATCA declaration, Bank Details and Documents, Signature, etc would be shared with BSE Star MF platform to facilitate your Mutual Fund order and Payment processing to be passed onto relevant AMCs and RTAs. Such records may be used by the FFSPL/BSE/AMC/RTA, in physical/offline/Online mode, for authorizing the transactions that have been submitted by you. FFSPL and BSE would be sending your messages on the Mobile Number and email ID provided by You to inform You status of your orders/ Investments/Portfolio/New schemes etc and this consent will override any registration for Do Not Call ("DNC") / National Do Not Call ("NDNC") registry. For investment in Systematic Investment Plans, your NACH/ECS mandate/Biller Mandate would need to be sent to/registered with BSE and further to your Bank for registration. Only post this successful registration and subsequent successful money transfer, your requests for subscriptions will be sent to the relevant AMCs. Subscription to the Fund Schemes is subject to realization of funds. The instructions would be processed for the same day if they are received before the cut off times prescribed by FFSPL and BSE. BSE and FFSPL reserve the right, at their sole discretion, to keep these cut offs ahead of the cut offs prescribed by AMCs and RTAs. The FFSPL and BSE cut offs are kept ahead of the AMC/RTA cut off keeping in mind the processing time required at their end for checking / validating and reconciling the order and the payments before passing them onto the AMCs/RTAs. AMCs are not obliged to accept any subscriptions to the various Mutual Fund Schemes offered by them. FFSPL as tied up with various Banks, Non Banking Financial Companies (NBFC), Financial Institutions, Financial Service Aggregators and Digital Lenders to offer you their products and services through its website.

    5. FFSPL would not be liable to any loss of interest and/ or opportunity loss and /or any loss arising due to movement of Net Asset Value (NAV), notional or otherwise, due to any subscription/redemption/SIP/STP/SWP etc order not being processed, rejected or being delayed at AMC, RTA, Bank, BSE or FFSPL due to manual or auto processing, breakdown of technology systems and connectivity, Website out of service etc. Any order placed on a holiday or after cut off time on the day just before the holiday would be processed on the next business day and the NAV would be applicable as per the respective scheme related documents. All directions given by You for SIP/STP/SWP would be considered as the bona fide orders placed by You and would be sent for processing to BSE and subsequently to AMCs and RTAs. You agree to these Terms and Conditions by registering with FFSPL. FFSPL will not be liable for losses arising out of any cash payments or payments issued in favour of 3rd parties by the customer. The customer needs to ensure that no cash is paid to any entity in the chain of business and should bring it to the notice of FFSPL in anyone demands the same.

  4. The Customer explicitly agrees and consents that FFSPL can share the Customer’s data and documents collected by FFSPL from the Customer, if any, with FFSPL’s group companies and affiliates. Further, the Customer confirms that it has no objection and hereby authorizes FFSPL to share such Customer data including inter alia the certified copy of proof of identity and address provided to FFSPL with FFSPL’s group companies, affiliates and partners and these documents may be used by such entities to meet their compliance requirements.

    The Customer hereby acknowledges that Customer will not reproduce, sell, resell, duplicate, and copy any part of the Services for any commercial purpose.

  5. RESERVATIONS
    1. FFSPL reserves the right to discontinue the Services at any time at their sole discretion.

    2. FFSPL reserves the right to suspend and/or discontinue the Services, at any time, without giving prior intimation to the Customer, for any reason, including but not limited to: (a) any suspected violation of any rules, regulations, orders, directions, notifications issued by RBI by the Customer from time to time or for any violation of these Terms and Conditions or compliance with any Applicable Laws; (b) ; (b) Combatting potential frauds, sabotage, wilful destruction, threat to national security or for any other force majeure reasons (more particularly detailed in Clause 10 hereof) etc.; (d) technical failure, modification, up gradation, variation, relocation, repair, maintenance and/ or any transmission deficiencies; (e) If the telecom service providers connection with which the Customer’s Wallet is linked ceases to be operational or in the Customer’s possession or control on account of any reason whatsoever; and/ or (f) ineligibility of the Customer under any criteria as mandated by FFSPL.

    3. In the event of occurrence of Transactions that may be construed as fraudulent, dubious or undesirable, FFSPL reserve the right to freeze operations of the Services/Wallet/ close the Wallet/Services including reporting to authorities as may be required and as may be deemed fit and proper by FFSPL.

    4. FFSPL reserves the right to cancel the Transaction in case of any network failure. In such case or for any other reason beyond the control of FFSPL there could be delay or failure to complete the Transaction FFSPL shall not be responsible for any kind of losses, disputes, litigation, compensation etc that may occur due to such delay or failure. FFSPL provides the Website or mobile app, Wallet and related technology and services on an “as is”, “where is”, “with all faults” basis and does not warrant that the Website or mobile app or any of its software’s will be uninterrupted, error-free, accessible or operational at all times or that any defects will be corrected. FFSPL also does not warrant that any links that may be accessible or any files available for downloading through the Website or mobile app will be free of viruses, worms or other code that may be damaging. The sanction and disbursement of a product lies solely with the Banks, Non Banking Financial Companies (NBFC), Financial Institutions, Financial Service Aggregators and Digital Lenders basis information provided by the customer. Any processing fees paid to the said institutions to avail their products and services is non refundable under any circumstances.

  6. SPECIAL SERVICES
    1. The services / content/ information /views/ opinions /blogs/Communications etc. may be facilitated through various third party service providers. FFSPL, at its sole discretion, can replace/stop/add services of the existing third party service providers.

    2. The Website operated by FFSPL may have links to third party websites. These links/websites are not under the control of FFSPL. FFSPL does not endorse or review these websites and in no way warrants or guarantees that the products, services, information, content, views, opinions, data offered on these websites and would be not responsible in any way for the same.

    3. The Customer agrees that FFSPL shall provide the facility like payment gateways, links to research content ("Special Services") through third party for convenience of the Customer only and the FFSPL shall not be responsible or liable in relation to the same.

    4. The Customer agrees that the FFSPL does not operate/provide/produce any such Special Services of its own and is not an agent of any of the Special Services providers.

    5. The Customer agrees that it shall avail the Special Services at its own discretion, risk and shall be solely responsible and liable for any transaction made with any Special Service Provider. The Customer agrees that FFSPL shall not be responsible for anything in relation to the Special Services availed/booked by the Customer for any reason whatsoever including but not limited to delays, cancellation, wrong payments, charge back, fraudulent transaction, refund of the amounts, technical failure of payment mechanism, breach of software’s/security, operators/ their employees behavioural issues, baggage loss, or any other loss or injury, inconvenience and damages. The Customer agrees to indemnify the FFSPL from any claims/ liability/loss/litigation etc. arising out of the same.

    6. The Customer shall be bound by the terms/policies of Special Service Providers/operator/third party service provider for availing any Special Services including cancellation charges and settle any dispute in relation to the Special Services directly with the Special Service Provider/ operator.

  7. CHARGES and COMMISSION

    FFSPL receives commissions from the AMCs for the Fund schemes being distributed from our Website and offline channels as FFSPL is an AMFI registered Mutual Fund Distributor. The Commissions have been displayed on our Website for ready reference of all customers (under the Disclosure link) and have been disclosed to You adequately. You must go through the document. FFSPL has disclosed all commissions that it would receive (upfront and trail) in the document. You also agree that FFSPL has not offered any Cash backs, Gifts or rebates from the commissions to influence You directly or indirectly to invest in the mutual fund schemes. FFSPL receives commissions from the Banks, Non Banking Financial Companies (NBFC), Financial Institutions, Financial Service Aggregators and Digital Lenders as FFSPL is registered with them as a service provider under various approved forms vide agreements. FFSPL does not offer any discounts on interest rates and charges levied and the same are at the sole discretion of the the Banks, Non Banking Financial Companies (NBFC), Financial Institutions, Financial Service Aggregators and Digital Lenders to provide differential pricing. FFSPL however pays to it channel partner and/or referral partners for sourcing leads/business for products and services rendered by FFSLP.

  8. INDEMNITY

    The Customer shall be liable to FFSPL for losses, expenses or damages and agrees to indemnify, defend and hold harmless FFSPL from any and all claims, losses, damages, liabilities, costs and expenses (direct or indirect, proximate or remote), including and without limitation legal fees and expenses arising out of or related to its use or misuse of Website and/or Services, violation of these Terms and Conditions or any breach of any representations, warranties and covenants made by the Customer. The Customer shall indemnify FFSPL against any fraud, breach of security, third party claims, any Special Service provider’s claims and disputes, litigation, any loss or damages suffered by FFSPL due to any action and/or inaction by the Customer.

    The Customer also agrees to Indemnify, protect, fully compensate, defend nd hold harmless, FFSPL and its Directors, Employees, Affiliates, Group Companies, Authorized Personnel, Sub Brokers, Agents, Representatives, contractors, from any losses imposed or claims asserted and incurred due to You accessing this website, your violation and infringement of the Terms and Conditions or any violations of intellectual property.

  9. CHANGE OF TERMS

    The Terms and Conditions herein shall be subject to the Applicable Law. FFSPL reserves the exclusive right, at its sole discretion, to modify, amend, add or delete certain sections of the Terms and Conditions of Use, Privacy Policy and Disclaimers. ). The Customer is expected to keep himself/herself updated with the amendments to the latest Terms and Conditions, Privacy Policy and Disclaimers. Your continued usage of our Website would be deemed as acceptance to the Terms and Conditions, Privacy Policy and Disclaimers of this website.

    Terms and Conditions Website . Any transaction done subsequent to the amendment of the Terms and Conditions will be considered as the Customer’s acceptance of the Terms and Conditions as may have been amended. FFSPL may modify, terminate and/or suspend the Website and/or Services anytime with or without prior notice, due to any changes in internal policies or Applicable Law.

  10. OWNERSHIP AND PROPRIETARY RIGHTS

    The Customer agrees that he/she shall have no claims/rights of whatsoever nature in the intellectual property rights arising out of and in connection with the Website and Services thereto. The Customer further undertakes that he/she shall not attempt to modify, alter, obscure, translate, disassemble, decompile or reverse engineer the software underlying mobile application or create any derivative product based on the software. The Customer understands that the user interface, graphics, logos, design, compilation, information, products, services, software, and all other elements of the Wallet and/or Services are protected by copyright, designs, patent and trademark laws and other intellectual property or proprietary rights of either FFSPL or its related parties.

    The use of FFSPL Website does not grant you any ownership of the intellectual property rights, logo, brand, designs, algorithms, trademarks owned by FFSPL. You are not allowed to use this without explicit approvals from FFSPL.

    The Customer agrees that they would not infect the Website with viruses/ Trojans or any other malicious softwares that would impact the functioning of the Website or any of its features adversely.

    The Customer agrees that they would not indulge in any denial of service attacks on this website.

    The Customer agrees not to run any computer programmes for scraping data, copying any portion of the website, slowing down the Website performance, re-engineering models and algorithms used by this website.

    The Customer agrees that they shall not post anything defamatory, libelous, threatening, infringing, obsence, indecent, unlawful, abusive, racially or ethnically offensive, pornographic, hateful in nature.

    The Customer agrees that FFSPL shall have the license to use, reproduce, distribute, display and modify all or portion of your posts. You agree that FFSPL shall have the necessary rights and license to the same at no bearable costs to you.

  11. FORCE MAJEURE

    FFSPL shall inform the Customer of the existence of a Force Majeure Event and take all reasonable steps to engage with the Customer towards finding an appropriate solution.

    "Force Majeure Event" means any event due to any cause beyond the reasonable control of FFSPL and/or its partner Banks/affiliates, and/or Special Service Provider including, without limitation, unavailability of any communication system, 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 device, computer crashes, breach of security and encryption, etc.

    FFSPL shall not be liable for any failure to perform any of its obligations under these Terms and Conditions if the 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.

  12. QUALITY OF SERVICE

    The Customer agrees that the FFSPL shall not be liable for Non-performance of a service or non-delivery of a product by Merchant Establishment, Special Service Provider including any third party service provider. Customer will raise any dispute in relation to the product or service directly with the Merchant Establishment/Special Service provider including any third party service provider. FFSPL will take reasonable steps to investigate the cause of non-performance with all parties involved as per its policy. Customer shall be bound by the outcome of such investigation made by FFSPL. Redressal mechanism for complaints along with the escalation matrix and contact details are available on the Website of FFSPL. Also FFSPL shall not be made a party to any dispute between the Customer and Merchant Establishment, Special Service provider including third party service provider over any issue related to the transaction between the Customer and the Merchant Establishment and/or Special Service Provider.

  13. LIMITATION OF LIABILITY

    The registered users, Customers and visitors agree that their use of this Website is at their SOLE RISK AND EXPENSE.

    This Website could be unavailable / delayed due to technical / Technological maintenance, disruptions and interruptions. There can be factual or typographical errors, unintentional factual inaccuracies on the content /data / information / views / opinions/ blogs etc. FFSPL, its employees/ vendors / third party service providers / directors / authorized personnel shall not be liable for any direct, indirect, special, incidental, punitive or consequential damages arising out of or in any way connected to the use of this website, in any event.

    FFSPL and its third party partners shall not be will not be responsible for lost profits, revenues, or data, financial losses, or any damages.

    In no event shall FFSPL be liable to the Customer (or to any third party claiming under or through the Customer) for any indirect, special, incidental, consequential or exemplary damages arising from the Customer’s use of, or inability to use, the Services and/or for any reason whatsoever. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, even if FFSPL knew or should have known of the possibility of any such damages.

  14. DISCLAIMER

    FFSPL may suspend or cease the operation of the Services and Website for any reason with or without giving any prior notice. FFSPL reserves the right to change the content on the Website and/or suspend or change the product or service offered on the Website. The Customer agrees that in any mentioned case, the Customer will use the Website of FFSPL at its own risk and FFSPL is not responsible for any loss or damage.

    FFSPL disclaimers can be accessed at www.finwisely.com page. We encourage You to keep yourself abreast of the lastest Disclaimer by visiting the page from time to time. Any changes to the disclaimers would be updated. Your past and continued use of the Website would be deemed as complete and correct understanding of the Disclaimer put up on this website. We do not promise / warrant / guarantee any commitments about the products / services / opinions / data / information / blogs etc. on this website. The service is provided "AS IS".

    The data, analysis, information compiled by us on our Website is done to help You take informed decisions. You must independently validate these yourself to your complete satisfaction before taking financial or other decisions. The information provided by us does not constitute advice in any manner whatsoever, and any and all investments made by you shall be at your sole risk and expense, without any liability attaching to FFSPL.

  15. SEBI Disclaimer

    Past performance of Mutual Funds is not an indicator of future returns. All Mutual fund investments are subject to market risks. Please read all scheme-related documents carefully before investing.

  16. PRIVACY POLICY

    FFSPL Privacy Policy can be accessed at www.finwisely.com/privacy-policy . This Privacy Policy governs and explains the usage of your personal/technical and other data that FFSPL has. You hereby agree with the FFSPL Privacy Policy and give your consent to FFSPL to use this data.

    All of the information that FFSPL collects from the Customer, such as registration details, and bank account information etc., is subject to its privacy policy. The Customer agrees that it shall read the FFSPLs Privacy policy published on the Website and keep itself updated at all the time.

  17. ASSIGNMENT

    The Customer agrees and confirms that FFSPL has right to assign this Agreement including Wallet and/or Services to any third parties including but not limited to any of its affiliates, holding company, subsidiaries, affiliates, associates and group companies.

  18. JUDICIAL RECOURSE

    These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of India without giving effect to any principles or conflicts of law. The courts in Mumbai shall have exclusive jurisdiction over any dispute arising from use of Website and/or Services. The Customer expressly consents to the personal jurisdiction of said courts and waives any objection to such personal jurisdiction based on forums non convenience or any other basis.

    As per the Arbitration and Conciliation Act, 1996, any dispute arising out of this agreement shall be settled by a arbitrator to be appointed mutually by FFSPL and you. In case of no settlement, we agree to appoint a panel of three arbitrators, one appointed by each one of us and third arbitrator to be appointed by the two arbitrators. The venue of arbitration would be Mumbai.

    The usage of this Website is exclusively subject to the laws of India and jurisdiction to the courts of Mumbai in India. FFSPL hereby expressly disclaims any implied warranties imputed by the laws of any other jurisdiction. This Website is specifically designed for users in the territory of India though the access to users outside India is not denied. FFSPL shall not have any legal liabilities whatsoever in any laws of any jurisdiction other than India.

  19. TERM AND TERMINATION

    The Customer agrees that these Terms and Conditions are effective until terminated by FFSPL or till the Customer remains a registered user or visitor to this Website and FFSPL reserves the right to terminate these Terms and Conditions any time. FFSPL may move, change, suspend or end any part of the Website and/or Services provided by FFSPL. FFSPL reserves the right to terminate Customers membership and remove all the content in Customers Wallet/Services for reasons, including, but not limited to: violation of any governing policy or Applicable Law.

    This User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons: (a) immediately by “FFSPL” for any unauthorized access or use by You (b) immediately by “FFSPL” if You assign or transfer (or attempt the same) any rights granted to You under this Agreement; (c) immediately, if You violate any of the other Terms and Conditions of this User Agreement. Termination or cancellation of this Agreement shall not effect any right or relief to which “FFSPL” may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to You will terminate and revert to “FFSPL”. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to “FFSPL” is non-refundable for any reason.