This Subscriber Agreement shall be an enforceable contract between the Subscriber/investor and MMF for availing investment and financial planning related services.
“Accounts” mean all investment advisory accounts maintained by User and/or relatives of User mapped under the User.
“Investment Advisory” means advice provided by the Investment Advisors enrolled on the Website and which is based on the details provided by the User and other services incidental and relating to it.
“Investment Advisor” or “Investment Adviser” shall mean the empaneled (on the Website) Investment Advisor who is duly registered with SEBI as Investment Adviser(IA)or is in the process of registering with SEBI as an IA.
“Instructions” shall mean any instructions given by User or MMF by using the Website.
“MMF” means and includes MMF Financial Advisors Pvt. Ltd. and ManageMyFortune Brokers Pvt. Ltd and/or its present or future affiliates.
“Non individual Investor” means any person, HUF, sole proprietors, partnerships, Companies, banks, etc.
“User” means “you”, “subscriber” or “investor” who makes use of this Web-site from time to time.
2. INVESTMENT ADVISORY
The Website may provide risk profile tests, results of such tests are based on the responses you provide to questionnaire. User understands and acknowledges that Investment Advisors shall use these risk profiles to analyse your risk appetite. You understand and acknowledge that such risk profile test may produce results that you may not agree to, and you need to assure that your financial planning is done based on close interaction with Investment Advisors and appropriate disclosures of your financial position, your goals and your true risk appetite.
In any case you have freedom to cross verify the Investment Advisory provided by the Investment Advisors and the same is not binding on you. You shall be solely responsible for execution of the Investment Advisory in whatsoever manner unless explicitly requested by you through other current or future services provide by MMF.
You understand and acknowledge that wrong, incorrect, partial information may yield wrong results and Investment Advisory may not be as per your requirements and aspirations. In case the Website provides for any goal setting exercise; you need to understand that you should provide all such goals and relating priorities as per your family, financial, social and psychological state at any point of time and be aware that they may change later. It will be your responsibility to articulate such changes to the Investment Advisor and accordingly, the Investment Advisor may provide you revised Investment Advisory. In case you hide or fail to provide any information the Investment Advisory may not result into adequate service to you. In case you provide any unreasonable goals, priorities, risk profile or any other information that is used as basis of Investment Advisory, you will not get correct advice, and you shall be solely responsible for such causes.
3. REGISTRATION AND DOCUMENTATIONS.
- Registration to the Accounts is subject to the satisfactory completion of the registration form and submission of all mandatory documents and valid Permanent Account Number (“PAN”) and its subsequent verification.
- Accounts can be activated upon verification of the KYC (Know your Customer) documents as required for opening the accounts. In our verification process we may check the copy of your PAN and other proofs for completion of the KYC from/with SEBI approved KYC Registration Agency (KRA Agency) and other details as may be prescribed from time to time.
- You agree and you intend to authorize MMF and its representatives to submit all the KYC Documents/investor related documents to the respective Mutual Funds/Asset Management Companies or their Registrar and Transfer Agents as per the regulatory requirement notified from time to time.
- However, MMF or its representatives would not be liable for any loss of KYC form, cheques etc. in transit due to any force majeure event.
- Account facility can be operated by using your User ID and password and you agree and unconditionally confirm that you shall be solely responsible to ensure protection and confidentiality of the user ID and password at all times and any disclosure thereof shall be entirely at your risk and accept the sole responsibility to maintain the secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any other person.
- After the completion of registration, you shall be solely responsible for the verification of KYC and other financial details (including bank details). You shall also be responsible for mapping of de-mat account with the third party trading account etc.
- You agree and understand that access to investment Account may be suspended / cancelled / terminated without liability, in whole or in part, at any time without prior notice if you do not comply with any of these Terms or any modifications thereof.
4. USER INFORMATION AND ITS USAGE
MMF shall use all the personal information of the User in the manner specified by MMF through this Subscription Agreement. MMF will not make any modifications to the information and instructions given by User. User is responsible for the accuracy and authenticity of the instructions provided to MMF and its affiliates and same shall be considered to be sufficient to operate the account. MMF shall not be liable to verify or correct any electronic information unless changed by User. MMF shall have no liability if it does not or is unable to prevent any consequences caused due to implementation of such instruction, which was subsequently changed. Where MMF considers that the electronic instructions are inconsistent or contradictory it may seek clarification from the User before acting on any Electronic instruction of the User or act upon any such instruction as it deems fit.
You further agree that MMF and/or its affiliates may hold and process the personal information and all other information concerning to the Accounts, for transaction purpose, data analysis, financial planning, marketing, risk profiling, and records for audit purposes. The User also agrees that MMF may disclose, user information to other government institutions and government authorities if required. MMF may not be able to intimate the User prior to sharing such information to such government institutions and authorities.
MMF shall have the authority to verify the User name with the defaulter list prescribed by regulators. Users will have to provide declaration as prescribed by MMF or any regulator.
5. TRADING PLATFORM
Users shall be eligible to use the trading platform of MMF or any other associate of MMF, in the event Investor intends to execute the Investment Advisory designed by the Investment Advisor. Any such execution shall be conducted through a separate trading account, to be provided to the Investor.
For any execution of the financial plans or the Investment Advisory, the Company shall have the right to map the existing portfolio (if any) of the Investor with the new portfolio as suggested by the Investment Advisor. The Investor authorizes the Company to sell off the existing securities in the Investor account, if the same is proposed by the Investment Advisor in the new portfolio. The Company shall, on the best efforts basis, match the Investment Advisory based on availability of funds, price of securities and weights and range allocated by the Investment Advisor to individual securities and asset classes.
The Investor acknowledges and understands that, the Investor shall be the absolute owner of execution of any financial plan or the Investment Advisory. MMF shall, periodically and on a best effort basis, attempt to provide notifications, recommendations and deviations to the existing portfolio of the Investor.
6. DISCLAIMER AND LIMITATIONS ON WARRANTIES & LIABILITY
- Investments in securities are subject to market risks and there is no assurance or guarantees that the objectives of any of the schemes will be achieved. MMF and any other constituents of MMF including but not limited to Investment Advisors, do not offer any guaranteed or indicative returns. The past performance of the Mutual Funds, Shares, Investment Advisors is not indicative of the future performance. There is no assurance that past performances indicated will be repeated. The names of the Funds, Portfolio, Schemes/option do not in any manner indicate their prospects or returns. The valuation of your investments may fluctuate due to market volatility in the equity and bond markets, fluctuations in interest rates, prevailing political and economic environment, changes in government policy, factors specific to the issuer of the securities, tax laws, liquidity of the underlying instruments, settlement periods, trading volumes. The investments made are subject to external risks such as war, natural calamities, and policy changes of local/International markets which affect stock markets. The investment objective, investment strategy and the asset allocation may differ from client to client based on risk appetite and financial position.
- MMF does not make any warranties, express or implied, with respect to any service, information, data, software, system, functionality, statements or products made available on the Website. The information provided on the Website has been obtained from sources believed to be reliable. The Website, and all content, materials, information, software and services provided by MMF, are provided on an “as is” and “as available” basis.
- MMF does not warrant that the Website will operate error-free or that the Website and its servers are free of computer viruses or other harmful mechanisms. If your use of the Website or content therein results in the need for servicing or replacing equipment or data, MMF is not responsible for any such costs. MMF to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the fitness for particular purpose and non-infringement. MMF makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.
- Any action taken or not taken by you on the basis of the information contained on the Website or by any other means of communication made available to you by the MMF; is your responsibility alone and MMF will not be liable in any manner whatsoever for the direct or indirect consequences of such action taken or not taken.
- The content and the interpretation of data available through the Web-site or by any other means of communication provided are solely the personal views of the contributors. Users are advised to use the data for the purpose of information only and rely on their own judgments while making investment decisions. The investments discussed or recommended on this Website or by any other means of communication made available to you by Website may not be suitable for all investors.
- MMF does not warranty the adequacy, timelines accuracy or quality of the content. MMF may provide active or passive recommendations and set of pre-determined portfolios. MMF does not make any personal recommendations. The information provided on the Website or by any other means of communication made available by you is provided solely to enable Users to make their own investment decisions and does not constitute a recommendation to buy, sell, or otherwise deal in investments. Each user is advised to consult his/her own professional tax advisors before availing the Services. Investors must make their own investment decisions based on their specific investment objectives and financial position and using such independent advisors, as they believe necessary. The Website is not intended to be any form of an advertisement of a particular investment scheme or information and has not been registered under any foreign jurisdiction and is only for the information of any person in any jurisdiction where it may be lawful to offer such Services. Notice is hereby given that Non Resident Indians (NRIs) and foreign nationals accessing MMF and opting to transact thereon shall do so after due verification at their end of their eligibility to do so.
- Users shall periodically access and review this Subscriber Agreement, on the Website, for any revisions or amendments. MMF shall not be under an obligations to inform the respective User of any such revisions.
7. VARIOUS ACCOUNTS AND INSTRUCTIONS
- Joint Accounts: As the User of this Website is restricted only to one account, only one User can be registered against the same. The User may delegate his user account to any third party. MMF shall not be liable to verify the same and the respective User shall be solely responsible for the actions or omissions of such third party
- Non-individual Investors: The Non-Individual Investors agree and confirm that MMF will not be in a position to verify the user of the MMF and thereby not responsible or shall not be held liable for any Online Transactions arising out of misuse of the Accounts by any of the representatives of such Non-Individual Investor. Liability on all such Non-Individual Investor Accounts shall be binding on each of such Non-Individual Investor’s legal heirs, successors, executors and / or assigns. The Non-Individual Investor hereby agrees and undertakes to confirm and ratify all the acts done by the authorised person or any other person in relation to the online transactions.
In consideration of MMF providing the User the services, User agrees, at its own expense, to indemnify, defend and hold harmless MMF, its directors, employees, representatives, agents, and its affiliates against any loss, damages, expenses, including but not limited to attorneys fees and costs awarded suffered by them or any claim suit or action and proceeding against them by the User or a third party, to the extent that such loss, damage, expenses, or any other proceeding based on or arising in connection with :-MMF or its affiliate’s execution of the user instructions/ or violation of the terms by the user/ or unauthorized use of MMF by the user/ or any misrepresentation or breach of representation or warranty made by the user.
User will pay MMF and/or its affiliate’s the amount determined by MMF to be sufficient to indemnify against any such loss or expenses even though they may not have arisen directly or are contingent in nature. User further agrees that under no circumstance shall, MMF aggregate liability for claims relating to services exceed the revenue share retained by MMF from the fees paid by the User, within the previous year from date of disputed events.
SUSPENSION & TERMINATION
MMF reserves the right to suspend/disallow/modify its services for such reason and for such time period as deem fit like inactive/dormant user id or non-compliance of the terms stated herein, death, insolvency, bankruptcy of the investor, any other cause arising out the operation of law or such other reason as deemed fit.
In case of non-payment of any fees as may be applicable from time-to-time including but not limited to any taxes, MMF shall have sole right to deactivate or terminate the Accounts. At sole discretion, MMF may charge re-activation fees at the time of activation of the Accounts.
User may request for termination of the services any time by giving a written notice of atleast 30days to MMF. In such case, User will remain responsible for any transactions made through MMF until the time of termination and shall be liable to pay all the outstanding charges dues, if any. MMF may withdraw or terminate the services anytime either entirely or with reference to specific services or due to breach of terms & conditions or non-submission of required documents or lack of legal capacity of the User.
10. CHARGES & FEES
All transaction carried out by MMF for the User or on behalf of User as part of the services and all other related acts done by MMF pursuant to these terms and conditions shall be at User’s own risk and cost and in consideration thereof. User agrees to pay the charges/fees as applicable from time to time to MMF for such services. User agrees and understands that the MMF’s charges/fees are in addition to those levied by the third parties, including but not limited to financial broker’s fees. MMF shall not be responsible for any increment or revisions in trading or demat tariff or any payment related errors or discrepancies made by a third party including a financial broker. The User shall be charged accordingly in case of any revisions or increment in the trading or demat tariff.
The charges/fees shall be paid to MMF as per the instructions given by MMF. All fees, charges and reimbursement of expenditure shall be paid or made in full by User without any counter claim, set off or withholding.
The advisory fees and performance fees will be collected by MMF on behalf of the Investment Advisor via Electronic Clearing Facility(ECS) or a payment gateway and passed on to the concerned Investment Advisor, after retaining a nominal facilitation fee as may be agreed between MMF and the Investment Advisor. Subject to the Advisor Agreement executed between the Investor Advisor and MMF, the User shall not make any payment to the Investment Advisor, all payment shall be routed through MMF. The payments shall be exclusive of any withholding or service taxes, as may be applicable and the same shall be separately charged by MMF.
The fees shall be subject to applicable law, including the fee structure provided from time to time, under the Securities and Exchange Board of India Investment Advisers(IA) Regulations, 2013. Further, the fees shall also be subject to the Advisor Service Contract as shared with the User from time to time.
MMF reserves the right to revise the advisory fees by providing 15 days prior notice to the Users.
MMF agrees to refund its respective share of management and performance fees to the User, if an order is passed by SEBI for any noncompliance by the Investment Advisor and the User has furnished such order to MMF.
Any compensation related to error in execution of trades will be as per financial broker’s refund policy applicable to the demat account. MMF shall only be liable to refund its respective share of brokerage fees.
11. INTELLECTUAL PROPERTY RIGHTS
User acknowledges that the Website contains proprietary information of MMF and/or its licensors and/or contributors of the Website, which is protected by copyright and other laws relating to intellectual property rights. MMF retains all rights in from of material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. User agrees not to publish, modify, translate, rent, sublicense, transfer or assign the information available on the Website, decompile, disassemble, or otherwise reverse-engineer the Website or information contained in the Website. User also agrees not to (including but limited to MMF business model and any and all recommendation provide by MMF or the Investment Advisor) use any information available on the Website for any unlawful purpose, and shall comply with all instructions and directions issued if any to protect the respective rights in the information.
Any notice, communication or documents required to be given by either party to the other under the terms of the terms & conditions, may be given by personal delivery, registered post, as agreed by both parties from time to time at MMF’s registered Address or to the registered email ID of the respective User or at the address of the user as recorded with MMF. Notice, communication or document shall be deemed to be effective if given by personal delivery when so delivered, or if given by post on expiration of seven days after the notice or communication or delivery, by e-mail communication only on receiving at MMF.
14. GOVERNING LAW AND JURISDICTION
These terms and/or operations in the accounts of the user shall be governed by laws of India. The parties agrees that any legal action or proceedings arising out of terms shall be brought in the courts or tribunals at Mumbai in India and irrevocably submit themselves to the jurisdiction of such courts and tribunals.