Terms and Conditions
Abchlor Investments Pvt. Ltd. does not in any manner endorse the schemes that may be launched from time to time by the mutual funds and the insurance companies the information of which may be posted on these websites from time to time. The data and information placed on the websites is believed to be reliable. However the Company does not endorse the same to be complete or accurate in every respect.
Abchlor Investments Pvt. Ltd. reserves all rights in selecting its customers at its sole discretion and the various online services provided by Abchlor Investments Pvt. Ltd. through its above mentioned two websites will be governed by its terms and conditions which it may change from time to time without notice. The customers will be using the data and information provided on these websites at their own risks and the same should not be considered as investment advice. The information on various financial products is given only to help the customer in making informed decision to suit his personal needs. However before making investment the customer must exercise his own judgement. Abchlor Investments Pvt. Ltd. does not endorse the other sites to which the links are or may be provided through www.abchlor.com or www.investonline.in and/or their contents and/or the owners thereof.
The affiliates, owners, employees of Abchlor Investments Pvt. Ltd. or the experts whose articles, interviews etc. appear on the site www.abchlor.com or www.investonline.in may have direct or indirect interests in the various schemes and/or financial instruments about which the information may be posted from time to time on the said sites.
While all precautions are taken by Abchlor Investments Pvt. Ltd. for maintaining the speed and accuracy in the online transactions that may be done by the customers through the Company's site www.investonline.in, the Company will not be responsible for any error and/or delay and the resultant loss, if any that may cause to the customer in any online transaction due to network failure or failure of power supply, computer virus attacks, sabotage, fraud, corruption of data, or for any other reason attributable to factors beyond the reasonable control of the Company loss or destruction of the computer systems or data of the Company or its main brokers Sharekhan or its payment gateaway service provider for the time being Tech Process Solutions Ltd. or such other entity as may be associated with the Company and the mutual funds from time to time.
The online transactions done by the customers will be secured. However Abchlor Investments Pvt. Ltd. will not be responsible or liable for any unauthorized use of the online investment facilities of any customer.
At the time of doing an online transaction such as purchase or redemption of units, the units or the money as the case may be or will be credited to the customers' account only if the transaction is completed before 2.00 p.m. While making an online transaction, before getting credited to the accounts of the mutual funds or of the customers, the money of the customers or the mutual funds are required to pass through the bank account of the payment gateway service provider which is currently Tech Process Solutions Ltd. which is the venture of the ICICI Bank. Abchlor Investments Pvt. Ltd. will not be responsible for any delay in debit or credit of monies or the units of the mutual funds to the accounts of the customers or the loss, if any caused to the customers on account of any delay in such debit or credit of monies or units to the customers' accounts, loss or damage to the data or the computer systems of the said payment gateway service provider namely Tech Process Solutions Ltd. or failure of network, power supply etc. while the online transaction is being executed.
The Registrars to the various mutual funds such as Cams, Franklin Templeton, Carvy or such other registrars who may be associated with the Company and the mutual funds provide the reports, transaction details etc. done by the customers using www.investonline.in. The Company is not in any manner liable or responsible for the sufficiency or accuracy of the information provided by the Registrars in respect of the online transactions done by the customers from the above website from time to time.
Other information on its websites such as fact sheets, news, NAVs, stock quotes, graphs etc. is sourced by Abchlor Investments Pvt. Ltd. from various sources and/or websites. Although the sources from which the Company gathers the information are believed to be reliable and accurate, Abchlor Investments Pvt. Ltd. does not in any manner endorse the accuracy or sufficiency of the information and it will not be liable/ responsible for any inaccuracy or error in the said information.
Abchlor Investments Pvt. Ltd. is a group company of Abchlor. Under the brand Abchlor there are multiple other group companies that are involved in sourcing, consulting to soliciting other financial products by the company. It may not be that Abchlor Investments Pvt. Ltd. would source all business in the same name. It may use one of its other subsidiaries to source the business depending on the tie up it has with the respective manufacturers. Though all online transactions that happen on the website, are under Abchlor Investments Pvt. Ltd.
Abchlor Investments Pvt. Ltd. is the Company incorporated in India and is governed by the laws of the Republic of India.
Terms and Conditions (called "Online Terms" or "Online Terms and Conditions") governing the online purchase of policies on the Website of InvestOnline.in.
Account Transaction means and refers to :
In the case of the Customer, carrying out one or more transactions of nature by the customer by accessing their customer account through a customer ID and customer Password.
Alerts means information such as reminder or flash information sent by e-mail to the registered email id, or sent by physical letter to the customer’s address or posted in the customer account account or sent to the customer in any other mode.
Customer means a policyholder of insurance companies that Abchlor Investments Pvt. Ltd. Has partnered with and who has applied for a policy through the portal owned and managed by Abchlor Investments Pvt. Ltd. by submitting a proposal form or a person who has expressed interest in any of the products or policies marketed by Abchlor Investments Pvt. Ltd.
Account Transaction :
Getting / viewing / downloading alerts, information concerning policy(ies) including regarding premium payments on policy(ies), generating unit statements in case the Customer has a unit linked insurance plan, net asset value / unit value of units, premium notices / receipts, general information on insurance, product details, the status of policies applied for, submit request or complaint or suggestions, and such other facilities as Abchlor Investments Pvt. Ltd. may provide in future
Right To Alter The Services :
The facility shall be offered at the discretion of Abchlor Investments Pvt. Ltd. The company reserves the right to add, amend, revise, suspend or cancel in whole or in part any of the services which are part of the facility, without any prior notice to the visitor or customer. Any addition, amendment, revision, suspension or cancellation shall be effective and binding on the visitor and the customer. Abchlor Investments Pvt. Ltd. may introduce new services (forming part of the facility) on the Website from time to time. The existence and availability of the new services as part of the facility will be notified on the Website as and when they become available and any revision in the Terms and Conditions will take place in accordance with these terms and conditions without any prior notice.
Evidence Of Account Transactions :
Abchlor Investments Pvt. Ltd.'s records of the account transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. More particularly, the record of Abchlor Investments Pvt. Ltd. generated by the account transactions, including the recording of the time of the account transactions shall be conclusive proof of the account transactions.
2.10 Customer ID means the unique user identification provided to a Customer by ICICI Prudential to enable access to the Customer Account.
Disclaimer: The product information given in this web page is indicative of the terms, conditions, warranties and exceptions contained in the insurance policy. You are to make your own determination as to the suitability of such product information for your own purposes prior to use or in connection with the making of any decision. Nothing contained herein is to be construed as a recommendation or offer for a policy or any other assistance.
Abchlor Investments Pvt. Ltd. Is registered with Insurance Regulatory & Development Authority of India (IRDAI) as distributor to for insurance products in following category. General, Health and Life insurance products.
Research Report -
Disclaimer: This document is provided for assistance only and is not intended to be and must not alone be taken as the basis for an investment decision. Nothing in this document should be construed as investment or financial advice, and nothing in this document is solicitation to buy or sell the securities of companies referred to in this document. The intent of this document is not in recommendary nature. Each recipient of this document should make such investigations as it deems necessary to arrive at an independent evaluation of an investment in the securities of companies referred to in this document (including the merits and risks involved), and should consult its own experts to determine the merits and risks of such an investment. The investment discussed or views expressed may not be suitable for all investors.
Equity Update -
Disclaimer: Information herein is believed to be reliable but InvestOnline.in/Abchlor Investments Pvt. Ltd. does not warrant its completeness or accuracy. Opinions and estimates are subject to change without notice. This is not an offer to sell or solicitation to buy any securities and InvestOnline.in/Abchlor Investments (P) Ltd will not be liable for any losses incurred or investment(s) made or decisions taken/or not taken based on the information provided herein. Information contained herein does not constitute personalized advice or a personal recommendation or take into account the particular investment objectives, financial situations, or needs of investors. Before acting on any recommendation, subscribers should consider whether it is suitable for their particular circumstances and, if necessary, seek an independent professional advice. The financial markets are inherently risky and it is assumed that those who trade these markets are fully aware of the risk of real loss involved. Unauthorized copying or distribution of this publication is strictly prohibited.
Equity or MF News -
Disclaimer: Information herein is believed to be reliable but InvestOnline.in/Abchlor Investments Pvt. Ltd. does not warrant its completeness or accuracy. This information is not intended as an offer or solicitation for the purchase or sale of any financial instrument. InvestOnline.in/Abchlor Investments (P) Ltd (or any of its group companies) shall not be liable for the improper or incomplete transmission of the information contained in this communication nor for any delay in its receipt or damage to your system. InvestOnline.in/Abchlor Investments Pvt. Ltd. (or its group companies) does not guarantee that the integrity of this communication has been maintained nor that this communication is free of viruses, interceptions or interference.
General Mails -
Disclaimer: This message (including any attachments) is confidential and may be privileged or automated. Any unauthorised use or dissemination of this message in whole or in part is strictly prohibited. InvestOnline.in/Abchlor Investments (P) Ltd (or any of its group companies) shall not be liable for the improper or incomplete transmission of the information contained in this communication nor for any delay in its receipt or damage to your system. InvestOnline.in/Abchlor Investments Pvt. Ltd. (or its group companies) does not guarantee that the integrity of this communication has been maintained nor that this communication is free of viruses, interceptions or interference.
Transactions Related -
Disclaimer: Please note that units of the scheme shall be allotted, redeemed or switched, as the case may be, by the respective Mutual Funds/AMCs at the applicable Net Asset Value (NAV) of the concerned Mutual Fund scheme consistent with the terms of the Scheme. Any transaction request due on holiday would be processed on the next business day and respective NAV would be applicable as per the Mutual Fund's offer document. However, InvestOnline.in/Abchlor Investments Pvt. Ltd. shall not be liable for any loss that may arise to the investor as a result of the incorrect NAV applied on units allotted by the Mutual Fund although it will make best efforts to resolve such issues at the earliest through coordinating with respective fund house.
Courier related -
Disclaimer: Please take care of not sending us any of your original documents (except cancelled cheque leaf) with your account opening form as we are not responsible for returning you back any documents received from you. For your online account activation we require only photo copies of the relevant documents (except cancelled cheque leaf which is required in original).
ACE related -
Disclaimer: The purpose of this Report is to provide essential information about the portfolio in a manner to assist and enable the investors in making informed decisions for engaging a Portfolio Expert or Portfolio Manager. The Report is for informational purposes only and should not be regarded as an offer to sell or as a solicitation of an offer to buy the securities or other investments mentioned in it. We do not represent that any information, including any third-party information, is accurate or complete and it should not be relied upon without proper investigation on the part of the investor/s. Investments in securities/equity related instruments are subject to market risks. These risks could be security specific or market specific and arising from company, industry, political, economic (both domestic & global), etc, factors. Past performance of Abchlor Investments (P) Ltd (AIAPL) or any of its director/s or principal officer/s does not indicate the future performance of any current or future fund or scheme advised or managed by AIAPL. There is no assurance or guarantee that the objectives of any fund or scheme advised or managed by AIAPL will be achieved. AIAPL or any of its director/s or principal officer/employees does not assure/give guarantee for any return on the funds/securities given by the Investor or under any schemes to be offered under any Discretionary or Non-discretionary services. Portfolio value of the investment in the scheme can go up/down depending on factors and forces affecting securities markets. AIAPL or any of its associates are not liable or responsible for any loss or shortfall arising from operations and affected by the market condition. Securities investments are subject to market risks and AIAPL makes no representation/assurance or guarantee that objectives of any of the schemes under Portfolio Management Services (PMS) will be achieved. The necessary information about the Portfolio Manager required by the Investor before investing is disclosed in the Disclosure Document. The investor should carefully read all disclosure documents before investing and shall not make AIAPL and/or its associates/employees liable for any risks/losses pertaining to any product/scheme launched by AIAPL by time to time. In the terms of all the above, the Investors are and shall be solely responsible for the consequences of their own investment decisions.
Registration related -
Disclaimer: It has been agreed that the data and information provided by you pursuant to your dealing with InvestOnline.in/Abchlor Investments Pvt. Ltd. could be shared with its authorised agents, representatives, affiliates, group companies and subsidiaries for facilitating transaction processing, servicing, data processing, transaction statement generation and for contacting for new products and services including but not limited to marketing, cross selling, business activities and promotions or for generating reports, market research, customer study and for compliance with any legal or regulatory requirements.
NFO Related -
Disclaimer: Mutual Fund investments are subject to market risks, please read all scheme related documents carefully. Past performance is not indicative of future returns. Please consider your specific investment requirements before investing in a mutual fund scheme. Please note that in case of an NFO (New Fund Offer), the units shall be allotted upon completion of allotment process. Likewise the NFO is open only for the period specified by the Mutual Fund. After the end of the NFO period until the re-opening of the scheme in case of open-ended schemes, any transaction submitted by you shall be liable to be rejected by the respective mutual fund, and transfer of funds if any made by you for the said transaction shall be at the sole risk and liability of yours. Investors are advised to read the risk factors carefully before taking an investment decision.
Invest Guide -
Disclaimer: The views published in magazine are personal views of respective authors, though due care has been taken in publishing the magazine, any error or omission is unintentional, and the publisher, authors or anyone connected with magazine are not responsible for same.
Investors and brokers are requested to do their own research, before acting on any information. Mutual fund investing is subject to market risks. Please read all scheme related documents carefully before investing.
Abchlor Investments Pvt. Ltd. or any of its group companies does not give guarantee of any data, including the NAVs of mutual schemes or processing of your investment applications. All applications are forwarded on as is basis to the AMC or mutual fund company at investor's risk. All communication regarding the status of application, acceptance or rejection, or any dispute arising out of the same should be addressed to respective mutual fund directly. Abchlor Investments Pvt. Ltd. does not take responsibility for any any error or omission on part of investor or mutual fund.
Abchlor Investments Pvt. Ltd. or any of its group companies is not liable for any profit/loss arising out of investments made by any investor in any mutual fund scheme or any securities of any kind.
Insurance is the subject matter of solicitation. A mere mention about stocks or mutual fund in magazine in whatsoever form should not be construed as investment advice or recommendation.
It is safe to assume that Abchlor Investments Pvt. Ltd. or any of its group companies may have interest in various investment schemes mentioned in the magazine By purchasing, subscribing or receiving the magazine as a gift or part of promotion, you agree that you have read and agree to the terms and conditions mentioned on our websites www.abchlor.com or www.investonline.in.
For Use of iSIP Facility
- Mutual Fund (AMC) has the right to ask such information (Key Information) from the available data of the Investor/s before allowing him access to avail the ISIP facility (the Facility). If for any reason, the AMC is not satisfied with the replies of the Investor/s, the AMC has at its sole discretion the right of refusing access without assigning any reason/s to the Investor/s.
- It is clarified that the Facility is only with a view to accommodate / facilitate the Investor/s and offered at the sole discretion of the AIAPL. AIAPL is not bound and/or obliged in any way to give access to the Facility to Investor/s. The Investor/s shall check his/ her account records carefully and promptly. If the Investor/s believes that there has been a mistake in any transaction using the Facility, or that an unauthorized transaction has been effected, the Investor/s shall notify AIAPL immediately. If the Investor/s defaults in intimating the discrepancies in the statement within a period of fifteen days of receipt of the statements, he waives all his rights to raise the same in favour of the AIAPL, unless the discrepancy/ error is apparent on the face of it. By opting for the facility the Investor/s hereby irrevocably authorizes and instructs AIAPL to act as his/ her agent and to do all such acts as AIAPL may find necessary to provide the Facility.
- The Investor/s shall at all times be bound by any modifications and/ or variations made to these Terms and Conditions laid down by AIAPL and the AMC at their sole discretion and without notice to them.
- The Investor/s agrees and confirms that AIAPL has the right to ask the Investor/s for an oral or written confirmation of any transaction request using the Facility and/ or any additional information regarding the Account of the Investor/s.
- The Investor/s agrees and confirms that AIAPL may at its sole discretion suspend the Facility in whole or in part at any time without prior notice.
- The Investor/s shall not assign any right or interest or delegate any obligation arising herein. The Investor/s shall take responsibility for all the transactions conducted by using the Facility and will abide by the record of transactions generated by the AMC. Further, the Investor/s confirms that such records generated by the AMC shall be conclusive proof and binding for all purposes and may be used as evidence in any proceedings and unconditionally waives all objections in this behalf.
- The Investor/s agrees that use of the Facility will be deemed acceptance of the Terms and Conditions and the Investor/s will unequivocally be bound by these Terms and Conditions. The Investor agrees that all instructions received shall be eligible for same day NAV subject to necessary formalities to be complied by AIAPL in case of transaction through ISIP Facility on or before the uniform cut off time.
- Requests like change in bank mandate, change of nomination, change in mode of holding, change of address or such other requests as AIAPL may decide from time to time will not be permitted using the iSIP facility as such requests also require approvals from R&T agents and the respective AMCs.
- iSIP is for all the investors of AIAPL. Investment is restricted up to maximum Rs.5,00,000 per transaction. The cut off time for iSIP transactions is 2 pm (1400 hrs) on all business days and if the transaction is received after 2 pm, it would be considered for the next day transaction.
Indemnities in favour of the AMC
- The Investor/s shall not hold the AMC liable for the following:
- For any transaction using the Facility carried out in good faith by AIAPL on instructions of the Investor/s.
- For unauthorized usage/ unauthorized transactions conducted by using the Facility.
- For any loss or damage incurred or suffered by the Investor/s due to any error, defect, failure or interruption in the provision of the Facility arising from or caused by any reason whatsoever.For any negligence/mistake or misconduct by the Investor/s.
- For any breach or non-compliance by the Investor/s of the rules/ terms and conditions stated in the Scheme Information Document. For accepting instructions given by any one of the Investor/s in case of joint account/s having mode of operations as "Either or Survivor" or "Anyone or Survivor".
- For not carrying out any such instructions where AIAPL/AMC has reason to believe (which decision of the AIAPL/AMC the Investor/s shall not question or dispute) that the instructions given are not genuine or are otherwise improper, unclear, vague or cause for doubt. This is for the security of the investor/s alone though AIAPL will ensure that in such a case, AIAPL representative will get in touch with the investor to confirm the transactions.
- For carrying out a transaction after such reasonable verification as AIAPL may deem fit regarding the identity of the Investor/s.
- SIP registration using iSIP shall be accepted within the period mentioned on the time mandate. By default, AIAPL authorizes maximum 25 years for SIP registration as this will be not inconvenience investor/s for placing SIPs in future. However, Start Date and End Date of each SIP will depend on the period chosen by the client for each SIP transaction. In case the SIP end date is beyond the end date of the iSIP mandate, then the end date of the mandate shall be considered as the last date.
Important Points to Note
For new registrations on www.InvestOnline.in, this form should be submitted along with Registration form. For existing investors, simply submit this completed mandate just once and send your form to:
Abchlor Investments P Ltd., 409, Laxmi Mall, Link Road, Andheri West, Mumbai 400053. Tel.: +91 22 4071 3322.
Post registration, you can invest a maximum of Rs.5,00,000 per SIP transaction. Registration will take 30 days from the date of submission of form. This facility is currently available only to individual investors with "Single" / "Anyone or Survivor" status as the mode of holding. Investors are advised to read the Scheme Information Document, Statement of Additional Information and Key Information Memorandum carefully before investing through the iSIP facility.
Terms and Conditions
- I/we hereby appoint Abchlor Investments Pvt. Ltd. (AIAPL) as my/our agent for transactions in units of mutual funds on my/our behalf, as may be instructed by me/us from time to time. I/we agree that AIAPL may at its sole discretion vary the terms and conditions or withdraw any of the facilities provided herein from time to time. I/We irrevocably authorize AIAPL to execute my / our instruction with regards to purchase/redemption/transactions of the units. Transaction right will be pursuant to me/us executing and granting a declaration/authorisation in favour of AIAPL, in the manner and form as prescribed by AIAPL.
- Transaction instruction only from Registered Customers of Investment Account would be processed. Only registered customers can purchase/redeem/switch/transact in Mutual fund units through these services. There may be an Exit load, market risks associated to Mutual funds / securities investments in Mutual Fund schemes, which are mentioned in the Scheme related documents (Key Information Memorandum / Scheme Information Documents). The investors are required to read and understand the same before investing. Investments from U.S. persons and residents in Canada are not permitted in certain mutual funds. AIAPL shall not be liable for rejection of such application by Mutual Funds, where investor is an US person or Canada resident.
- I/we understand that in case of an NFO (New Fund Offer), the units shall be allotted upon completion of allotment process. Also that the NFO is open only for the period specified by the Mutual Fund. After the end of the NFO period until the re-opening of the scheme in case of open ended schemes, any transaction submitted by me/us shall be liable to be rejected by the respective mutual fund, and transfer of funds if any made by me for the said transaction shall be at the sole risk and liability of mine. Investors are advised to read the risk factors carefully before taking an investment decision. Scheme Information document(s)/Offer document(s) / KIM(s) are available with Mutual Funds/ Asset Management Companies and with AIAPL on its portal.
- I/we understand that all Mutual Fund schemes may not be offered at all times. This depends upon the registration of the AMC with AIAPL. As and when the agreement between the two parties is signed and accepted, the AMCs schemes may be added to the list for online transactions. For taking an investment decision, investors must rely on their own examination of the issuer and offer, including risk involved. It is to be distinctly understood that the Mutual Fund schemes, being offered for investment, have not been recommended by AIAPL nor has AIAPL sponsored any scheme.
- I/We agree and acknowledge that any valid instruction given or purported to be given by me/us before the cut off time on a business day as may be intimated by AIAPL to me/us from time to time, would be processed on the same day. Any valid instruction received after the prescribed cut off time will be processed on the next working day. Any transactions done online after the prescribed cut off time will be deemed to be received on the next working day and will be processed accordingly.
- I/We acknowledge 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 Net Asset Value (NAV) of the concerned Mutual Fund scheme as specified by AIAPL and consistent with the terms of the Scheme. However, AIAPL shall not be liable for any loss that may arise to me/us as a result of the incorrect NAV applied on units allotted to me/us by the Mutual Fund.
- I/We acknowledge that any transaction request due on holiday would be processed on the next business day and respective NAV would be applicable as per the Mutual Fund's offer document. I/We acknowledge that transactions once placed cannot be cancelled.
- The instruction for purchase /redemption/switch of the units may be given to AIAPL through Phone, Net, kiosk, Facsimile, Email, written instruction, electronically or in any other manner as may be acceptable to AIAPL. I/We agree and acknowledge that units purchase by giving instruction through any of the above modes will be instructed for redemptions through any of the above modes only. AIAPL may refuse to act on an instruction unless it is given in a manner and form acceptable to AIAPL and in accordance with AIAPL's right to verify such instruction. However AIAPL shall have no responsibility to determine the authenticity of any instruction given or purported to be given by me/us. I/We shall not hold AIAPL liable on account of AIAPL acting in good faith on my/our instruction. It is to be noted that the investor at all times will be free to transact directly with the AMC without recourse to AIAPL.
- AIAPL may at its discretion not carry out my/our instructions where AIAPL has reasons to believe (this decision of AIAPL I/We shall not question or dispute) that the instructions are not genuine or are otherwise improper or unclear or raise a doubt. AIAPL shall not be liable if any instruction is not carried out for any reasons whatsoever.
- In order to, induce AIAPL to act upon communication and instructions transmitted by manual procedures (facsimile, mail, messenger, Telephone call center) I/We hereby irrevocably agree that, in absence of AIAPL's gross negligence, bad faith or willful misconduct, as long as AIAPL acts in compliance with such authorization / instruction, AIAPL shall be indemnified for and held free and harmless from and against any and all costs, claims, losses or liabilities of any nature (Direct or Indirect) resulting from act of omission (or any delay) in response to instruction to AIAPL to transfer or purchase, sell or otherwise dispose off securities/units, together with any and all attendant costs and expenses including AIAPL reasonable legal fees and expenses, collectively referred to as losses.
- I/We also acknowledge that the security and the control provided by AIAPL are designed to verify the source the communication and not to detect errors in transmission or content including discrepancies between names on the account numbers and that AIAPL or any intermediary, may execute an instruction by unique account number only, even if the name on the account also provided. Nothing contain herein shall require AIAPL to violate any applicable laws, rules or the procedures/instruction.
- I/We agree and acknowledge that the Asset Management Company (Mutual Fund) shall regularly send to me/us (only to first holder) communication like Account Statements, fund updates etc. as required under the Mutual Fund regulations.
- All sales and purchase and all other acts done by AIAPL for me/us pursuant to these terms and conditions shall be at my/our risk and cost and in consideration thereof, I/We agree to pay charges /fees as per AIAPL schedules of charges/fees. While, currently, all mutual fund related transactions done using the online platform are free of transaction charges, AIAPL reserves the right to change the fee schedule in future. Any such changes will be communicated via email 14 days ahead of implementation, and will be displayed on the website. Under such circumstances, I/we understand that I/we will be allowed to transfer our assets out of my/our online account without incurring any costs payable to AIAPL. I/We agree and understand that any such charges/fees will be in addition to those levied by the mutual fund Company. All fees, charges and reimbursement of expenditure shall be paid or made in full by me/us without any counter claim, set off or withholding. All our liabilities and obligations hereunder to AIAPL shall be joint or several.
- AIAPL shall not be liable for any loss or damage caused by reason of failures or delay of mutual fund to deliver any units purchased even though payment 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 we shall save AIAPL harmless and free from any claim in respect thereof. AIAPL shall also not be liable for any delay, failure or refusal of the mutual fund/any company/corporation or other body in registering or transferring units to my/our names or for any interest, dividend or other loss caused to me/ us arising there-from.
- AIAPL shall not in absence of gross negligence on AIAPL's part, be liable to me/us for any act, omission or delay by the mutual fund or for any claims which I/We may suffer or incur as a result of or in course or discharge by AIAPL of its nominee, agent or sub-custodian of AIAPL duties.
- Without prejudice to what is stated above, AIAPL shall not be held liable for a reason of 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 AIAPL'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 or civil commotion and war.
- I/We further agree that AIAPL shall not be held liable for any losses, damages, expenses, costs, liabilities and claims of whatsoever nature caused by fraudulent or unauthorized use of my/our signatures and /or unauthorized use of my/ our Telephone Personal Identification Number. AIAPL will be under no duty to verify compliance with any restrictions on my/our investment powers.
- AIAPL 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 AIAPL will make every effort to have its computer systems available at all times, AIAPL makes no guarantees with respect to the availability of such systems. AIAPL will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, AIAPL 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.
- I/We hereby authorize AIAPL to exercise the following powers on my/our behalf in such manner as it may in its discretion think fit for the purpose of performing its powers, duties and responsibilities set out here- (i) To do or omit to do all such acts and things as AIAPL may in its discretion consider to be necessary or desirable in order to perform its duties hereunder or to comply with any laws, orders, rules, regulations or directions of any Government or regulatory or other authorities (ii) Appoint on my/our behalf any agent/ nominees/sub-custodian or any other person doing any acts or deeds hereunder including the keeping of Debentures in safe custody (iii) Generally to employ agents/attorneys, brokers, dealers and managers on my/ our behalf.
- I/we understand that funds transfer for purchase of units of mutual funds will be done by using an RBI registered/ authorized electronic payment gateway facility for net banking offered through a payment gateway service provider (currently IndiaIdeas.com Limited also commonly known as BillDesk and Tech Process Solutions Ltd.). The funds to be invested shall pass through the bank account of the payment gateway service provider before being transferred to the respective Mutual Funds. Currently, this is required due to certain payment gateway limitations on the part of the respective banks due to which third party transfers cannot be facilitated online. I/we hereby acknowledge that availing the Payment gateway Service is at my/our risk. These risks would include but not be limited to the following risks:
- Misuse of Password: I/we acknowledge that if any third person obtains access to their password of the Client, such third person would be able to provide Payment Instructions to the Member. I/we shall ensure that the terms and conditions applicable to the use of the password for Net Banking are complied with at all times.
- Internet Frauds: The Internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect Payment Instructions to the Member. Whilst AIAPL shall aim to provide security to prevent the same, there cannot be any guarantee from such Internet frauds, hacking and other actions, which could affect Payment Instructions to the Member. I/we shall separately evolve/ evaluate all risks arising out of the same.
- Mistakes and Errors: The filling-in of applicable data for transfer would require proper, accurate and complete details. In the event of my account receiving an incorrect credit by reason of a mistake committed by some other person, AIAPL or the bank shall be entitled to reverse the incorrect credit at any time whatsoever without the consent of the Client. I/we shall be liable and responsible to AIAPL and accede to accept instructions without questions for any unfair or unjust gain obtained by me/us as a result of the same.
- Technology Risks: The technology for enabling the transfer of funds and the other services offered could be affected by virus or other malicious, destructive or corrupting code, program or macro. It may also be possible that the site of AIAPL or the bank may require maintenance and during such time it may not be possible to process the request of the clients. This could result in delays in the processing of instructions or failure in the processing of instructions and other such failures and inability. I/we understand that AIAPL disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by AIAPL to honor any client instruction for whatsoever reason. I/we understand and accept that AIAPL shall not be responsible for any of the aforesaid risks. I/we also accept that AIAPL shall disclaim all liability in respect of the above-said.
- Limits: I/we are aware that AIAPL may from time to time impose maximum and minimum limits on funds that may be transferred by virtue of the payment transfer service given to it/him/her hereunder. I/we realize, accept and agree that the same is to reduce the risks on us. For instance, it may impose transaction restrictions within particular periods or amount restrictions within a particular period or even each transaction limits. I/we shall be bound by such limits imposed and shall strictly comply with them.
- Indemnity: I/we indemnify AIAPL from and against all losses and damages that may be caused as a consequence of breach of any of the Electronic Payment Gateway for Net banking Terms and Conditions and the terms and conditions mentioned herein above.
- Withdrawal of Facility: AIAPL shall be entitled to withdraw this service at any time whatsoever,? with prior intimation to the customer before withdrawal of the service.?
- Charges: I/we hereby agree to bear the charges as may be stipulated by AIAPL from time to time for availing of these services.
- Binding nature of above terms and conditions: I/we agree that by use of this facility, I/we shall deemed to have agreed to all the above terms and conditions and such terms and conditions shall be bound on it/him/her in the same manner as if it/he/she has agreed to the same in writing.
- I/We expressly agree and acknowledge that any information contained in AIAPL Brochures or other materials or otherwise communicated by AIAPL shall not be constructed by me/us as investment advice and that all decisions to purchase or sell or any transactions in units/securities made by me/us shall be on the basis of my/our own personal judgment arrived at after due consideration. It will be my/our responsibility to make an independent assessment of the same of all information/ communications/ brochures etc.
- I/We understand and agree that AIAPL does not in any manner: i. Provide any Buy/sell or other recommendations; or ii . Guarantee payments on any units; or iii. Guarantee of liquidity of any units; or iv. Make any offer to buy back any units; or v. Guarantee the redemption or repayment of any units on maturity; or vi. Guarantee the payments of interest or dividend; or vii. Promise, indicate or guarantee any returns; or viii. Guarantee any good delivery.
- Pursuant to all compliance under applicable laws, if AIAPL or any employee of AIAPL gives any advice or representation to me/ us in good faith with all due considerations, AIAPL shall have no liability for any such advice or representation made, as it will be my/our responsibility to make an independent assessment.
- I/We understand that any sum invested through AIAPL InvestOnline Account is not a deposit with AIAPL and is not bankinsured. The same is not endorsed or guaranteed and does not constitute obligations of AIAPL or any of the subsidiaries, associates or affiliates companies whose role is only as described in these terms and conditions. The securities purchased are subject to investment risk, including the possible loss of principal amount invested. The value of my units/securities will fluctuate. If I/We redeem my units/shares, I/we may receive more or less than I/we paid depending upon market value of the securities in the fund or trust at the time of redemption. Past performance is not a guarantee to future performance.
- Any notice or other correspondence addressed by AIAPL to me/us may be addressed to the first holder of the account at the address given by me/us above or to such address as AIAPL may be aware. If according to me/us there is any discrepancy in the particular or details of my transaction or account of statement then I/We shall be obliged to intimate the same to AIAPL in writing in 10 days of the first holder receiving notice thereof, failing which such transaction, statement or account (as the case may be) shall be deemed to be correct and accepted by me/us and I/We shall not be entitled to question the correctness or accuracy thereof.
- I/We authorize AIAPL to do, perform or execute upon my/our express instruction and at my/our risk and cost, all or any of the following acts, deeds matters and things:
- To submit the request(s) to subscribe to the units of the mutual fund & securities and to pay for the units/securities so purchased, based on my/our instructions.
- To receive the account statement / consolidated account statement in accordance with the applicable regulation pertaining to the above units/securities and to acknowledge receipt of the same.
- To submit the request(s) to redeem /sell the units/ securities held by me/us (whether solely or jointly with others) based on my/our instructions.
- To give instruction and orders to brokers and agents including instruction and orders of sale, purchase, transfer, splitting and consolidation of securities and to pay remuneration, brokerage, commissions and other sums to brokers and agents.
- To correspond with and give notice to the mutual fund and corresponding asset management company on my/our behalf.
- To instruct the mutual fund and/or the corresponding assets management company to make note of instructions with regards to nomination / changes in investments plan/any other changes.
- The Mode of holding pattern of the customer would be based on investment account opened with AIAPL. Also there would be no changes allowed in the Mode of holding once the InvestOnline account is activated. The customer wanting to change mode of holding can open a fresh account with AIAPL in the desired mode of holding. The other requisites data (which is not part of the form) required to be reported to AMC / RTA will be extracted from AIAPL account details maintained for the First holder
- AIAPL will use the debit mandate (NACH/ECS/Direct Debit mandate) provided by the investor to make debits from the investor's bank account towards making investments selected and instructed by the investor through electronic or other means. AIAPL hereby declares and assures the investors("Client") that the funds obtained thereof, will not be used for any other purpose other than what the investor intended the mandate for, by way of clear and explicit investment instruction and authorization through electronic or other means.
- AIAPL or myself/ourselves may terminate the aforesaid services by giving 30 days prior notice in writing to the other party provided that I/we shall not be relieved of my/our obligations hereunder notwithstanding such termination incurred prior to the date on which such termination shall become effective.
- AIAPL reiterates that it does not guarantee/ warranty / assure / commit any returns on investments made in Mutual Fund scheme(s) by investors. Investment in mutual funds involves a degree of risk and investors should not invest any funds unless they can afford to take the risk of losing their investment. AIAPL is in no way responsible for any loss of data, unauthorized transaction / error during the financial transaction and the customer hereby indemnifies both the Mutual Fund and AIAPL and its employees for any loss arising as a result thereof. In this entire transaction space, if the investor faces any problems during the process, please do send an email to AIAPL at firstname.lastname@example.org. AIAPL shall revert immediately to address your concern.
- I/we declare that the particulars given by me are true to the best of my / our knowledge as on the date of making such applications. I/we undertake to inform, in writing, of any change in the particulars furnished above. I/We further agree that any false/misleading information given by me/us or suppression of any material fact will render my / our account liable of termination.
- I/We agree that all information provided by me/us to AIAPL will be shared with AMCs, RTAs & other stakeholders for necessary processing and maintenance.
- I/we declare that all the details in my/our relationship record are true and correct and any instruction arising out of any transaction entered in to pursuant to these term and conditions would be as per the provisions of the Income Tax Act, 1961 or any modifications or re-enactment thereof.
- I/we agree that I/we as the investor(s) shall follow AMFI Best practice guidelines on ‘risk mitigation process against third party instruments and other payment modes for mutual fund subscriptions' and also to enhance compliance with Know Your Customer (KYC) norms under the Prevention of Money Laundering Act, 2002 (PMLA) as may be amended from time to time.
- I/We agree to provide any and all information that may be required or inform in writing about any changes / modification to the existing information provided or as may be required to seek additional personal, tax and beneficial owner information and certain certification and documentation by AIAPL/ Mutual Fund/ AMC from time to time in compliance with existing legal norms and regulations, including but not limited to contact information, address and tax-related information and any information required under existing or future KYC norms and laws or required for compliance with other applicable laws.
- I/We agree that AIAPL/ Mutual Fund/ AMC may take steps to verify the veracity of such information provided by me/us and I/We agree to co-operate with them in providing all information requested by them. I/We acknowledge that failure to provide such information in a timely manner may result in my/our ineligibility to avail of some or all of the services of the Mutual Fund/ AMC and that it shall in no way be held liable for any financial loss resulting from such failure to provide information on my/our part. I/We agree that any information provided by me may be required to be shared with relevant regulatory authorities and I authorise AIAPL/ Mutual Fund/ AMC to provide such information to such regulatory authorities as and when required.
- 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. Further these terms and conditions are subject to and shall be construed in accordance with the laws prevalent in India. I/We have read all the terms and conditions for making the online application in Mutual Funds & other online offerings by www.investonline.in / www.abchlor.com. I/We declare and confirm that we have read and understood all the general & respective scheme specific risk factors and the online Bank's disclaimer on the respective bank's portal. I/We confirm to read, understand and examine the respective offer documents and any amendments thereof / abridged offer documents and I/We am/are myself/ourselves have taken the investment decision to apply in the units of the mutual fund specified as above and agree to abide by the terms and conditions, rules and regulation of the mutual fund scheme chosen.
Sub Broker Terms and Conditions
1.Definitions and Interpretation :
- "Customer / client / investor" means any person who, at the recommendation and solicitation of the Associate opens and maintains an investment account with the Associate in connection with the Services or for investment in any of the Mutual Funds. Any such person is deemed to be a customer of the Associate
- ATS Associate/the Associate/Affiliate" means and includes any person registered with Association of Mutual Funds in India ("AMFI") or such other regulatory authority to act as a distributor of financial products including Units of the schemes of Mutual Funds and availing of the services of ATS
- "Assocate's Representative" means and includes any employee / officer / sub-broker of the Associate or any other person representing for and on behalf of the Associate by whatever name called
- "Intellectual Property" means all patents, trademarks, logos, permits, service marks, brands, trade names, trade secrets, proprietary information and knowledge, technology, computer programs, databases, copyrights, licenses, franchises, formulae, designs, rights of confidential information and all other intellectual property
- "Mutual Funds" means, a trust set up under the provisions of the Indian Trusts Act, 1882 and registered with SEBI under the SEBI Regulations
- "Offer Document (OD) /Scheme Information Document (SID)/Statement of Additional Information (SAI)" shall mean the document issued by AMC offering Units of the scheme(s)/plans for subscription along with any addendum or changes to such Scheme Information Document (SID) /Statement of Additional Information (SAI) as may be made or issued by AMC from time to time
- "Products" shall mean mutual funds, and any other financial and non financial products on ATS platform, (as the same may be amended by ATS from time to time at its discretion and notified in writing to the Associate)
- "Product Provider" means an entity offering any Product on ATS platform, including asset management companies (AMC)
- "Transaction" means all transactions, including but not limited to any purchase, redemption or switch, made in any of the financial products, in any manner or mode, either directly or indirectly, by the Customer of the Associate at any point of time
- "SEBI" Securities and Exchange Board of India
- "Services" means the investment and processing services provided by ATS with respect to Mutual Fund.
- "Units" shall mean the interest of the Customer in an undivided share in the net assets of a scheme of the Mutual Funds or as defined by SEBI or Scheme Information Document/Statement of Additional Information from time to time
- "Website/ ATS Portal/ATS Platform" shall mean www.InvestOnline.in and such other internet sites maintained/launched/designated by ATS to enable online transactions in various financial products, including units of the Mutual Funds to the customers
These Terms and Conditions of Empanelment as a Sub-broker of Abchlor Investments Pvt Ltd ('Abchlor') are a binding contract between sub-broker and Abchlor for appointment as a Sub-broker of Abchlor to sell/distribute units of mutual fund schemes. Please read these Terms and Conditions carefully. By accepting these Terms and Conditions you acknowledge that you have read, understood and agree to be legally bound by them at all times.
Terms and Conditions -
- A Sub-broker and its employees who will be involved in distribution of units of the schemes must carry out such directions and instructions as may, from time to time, be issued by Abchlor in this regard and comply with all the extant applicable laws, rules, regulations, guidelines, directions, etc.
- A Sub-broker /or its employee or its representatives who are involved in distribution of mutual fund products must have cleared the AMFI and/or NISM certification test and obtained Employee Unique Identification Number (EUIN) from AMFI apart from AMFI Registration Number (ARN). The Sub-broker shall ensure that the employees quote the EUIN in the Application Form for investments. A self-attested copy of ARN card / AMFI certificate & PAN card must be submitted by the Sub-broker to Abchlor., for its records and verification, as and when requested for.
- The Sub-broker shall ensure that its employees or representatives have and at all times shall continue to hold all valid and subsisting approvals /registrations / certifications as may be required by law to perform its obligations hereunder during the term of appointment and that they have not and shall not violate / breach any of the terms and conditions subject to which such approvals / registrations / certifications have been granted & complies with all rules/regulations/acts as prescribed by SEBI/AMFI from time to time.
- The Sub-broker agrees to comply with the provisions of Securities and Exchange Board of India (SEBI) /AMFI Circulars with regard to disclosure of all types of commission payment to them for different competing schemes from various mutual funds, and any amendments made thereof vide any notifications/circulars/guidelines issued in this respect from time to time.
- The Sub-broker agrees to comply with the relevant provisions of the Prevention of Money-Laundering Act, 2002 and Know Your Client norms laid down by SEBI and AMFI as applicable and amended from time to time. The onus of conducting/adhering to the KYC norms is on the Sub-broker and the Sub-broker will ensure proper verification of identity of Clients/investors.
- The Sub-broker shall ensure that the terms and conditions mentioned herein or as amended from time to time are also complied with by the Sub-brokers' employees, Sub-broker (including sub-Sub-broker) and representatives.
- All subscriptions procured by the Sub-broker shall only be accepted by means of Account Payee cheques, pay orders or demand drafts drawn in favour of the scheme name as mentioned in the SID. The Sub-broker cannot, on behalf of Abchlor, issue receipt of any application form(s), cheque(s), demand draft(s), etc. received towards subscription or any transaction. A Sub-broker is not authorised to issue any receipt for cheques and demand drafts received along with the application forms on behalf of the AMC. The Sub-broker shall at no point of time receive cash on behalf of the AMC.
- The Sub-broker shall be responsible for providing the foreign inward remittance certificate or the certificate evidencing the subscription by way of debit to the NRE/ FCNR account of any non-resident Indian investor, within five days from the receipt of subscription by Abchlor from such investor.
- The Sub-broker shall not in any way pledge or have any lien or charge towards the fees payable to the Sub-broker for the services rendered herein.
- The Sub-broker shall neither use nor display the name, logo, mark or any intellectual property of Abchlor (or any things identical thereto) in any manner whatsoever, except as permitted by Abchlor for representing himself as the empanelled Sub-broker of the Abchlor.
- The Sub-broker shall do all acts, deeds and things necessary on behalf of the Abchlor to enhance the investors' confidence and interest in the Abchlor and ensure that the interests and reputation of the Abchlor are fully protected at all times and shall not undertake any obligation or incur any liability on behalf of the Abchlor nor in any way pledge the Abchlor's credit.
- The Sub-broker shall be solely responsible for resolution of all the investor grievances/complaints arising due to any acts or omission or gross negligence, misrepresentation, fraud or mistake not directly attributable to the Abchlor and shall provide complete assistance to Abchlor for redressal of complaints.
- Abchlor shall from time to time publish notices, addendums and may make available to the Sub-broker any other documents as may be related to the operations of Abchlor.
- A Sub-broker is eligible for brokerage on the amounts mobilized by him at the rate(s) prescribed by Abchlor. The rate(s) are subject to revision, from time to time, at the discretion of the Abchlor and the Sub-broker shall be bound by such changes. The brokerage payable shall be inclusive of any tax, service tax, cost, charges and expenses incurred by the Sub-broker in connection with the agency.
- Abchlor reserves the right to withhold the commission or any other amount payable to the Sub-broker, pending submission of the declarations/documents/forms or any other information as required by the Abchlor
- The Sub-broker shall not have any right or claim against the Abchlor, for any loss incurred by it due to any revision made by the Abchlor in commission or any change of terms and conditions of distribution.
- In case the Sub-broker receives any commission or any other amount which is not due or payable to the Sub-broker, the Abchlor shall be entitled to recover the same or adjust all such amounts as are paid wrongly or by mistake to the Sub-broker.
- The Sub-broker declares and covenants with the AMC to defend, indemnify and hold the AMC and its affiliates, promoters, successors in interest and permitted assigns harmless from and against all claims, damages or assertions of liability of any kind or nature resulting from:
- Any breach of terms, covenants and conditions or other provisions hereof, or SID, KIM and/or SAI or any actions or omissions there under;
- Any failure to comply with all applicable legislation, statutes, ordinances, regulations, administrative rulings or requirements of law;
- The misfeasance, malfeasance or fraudulent acts of the representatives of the Sub-brokers; and
- Any and all actions, suits, proceedings, assessments, settlement, arbitration judgments, cost and expenses, including attorneys' fees, resulting from any of the matters set forth above.
- Fraudulent, improper, incorrect, wrongful or negligent performance, work, service, act or omission by the Sub-broker including any of its employees, and representatives;
- Wilful misconduct of the Sub-broker or any of its employees, Sub-broker (including sub-Sub-broker) and representatives.
- Breach of any term or condition mentioned herein by the Sub-broker or any of its employees, Sub-broker (including sub-Sub-broker) and representatives;
- The appointment of the Sub-broker shall continue to remain in full force and effect unless terminated by Abchlor or the Sub-broker, in accordance with the provisions contained herein. The appointment of a Sub-broker shall be liable to be terminated by the Abchlor forthwith:
- If he/she is found to be a minor or adjudicated as an insolvent or found to be of unsound mind by a court of competent jurisdiction;
- If in course of any judicial proceeding it is found that he/she has knowingly participated in or connived at any fraud, dishonesty or misrepresentation against the Abchlor or any customer of Abchlor
- If any statement made in the Sub-broker Registration Form was false or misleading or calculated to mislead;
- If Sub-broker acts in any other manner prejudicial to the interest of the Abchlor; and
- If Sub-broker does not comply with all applicable legislation, statutes, ordinances, regulations, administrative rulings or requirements of law.
- If Sub-broker fails to comply with the terms and conditions mentioned in this empanelment form.
- The Sub-broker remains inactive in business with Abchlor for a considerable period of time, as decided by Abchlor from time to time. Abchlor also reserves the right to suspend brokerage under such cases.
- Upon any termination, the Sub-broker shall forthwith return to Abchlor all documents, papers and material pertaining to and / or belonging to Abchlor.
- A Sub-broker shall not have any claim against the Abchlor for any loss incurred by him/her as not anticipated and arising out of any revision in the rate(s) of commission for business canvassed.
- A Sub-broker must read and understand the Scheme Information Document ('SID'), the Key Information Memorandum ('KIM') of the scheme(s) and Statement of Additional Information ('SAI') of the respective scheme(s) carefully and explain the risks, investment objectives and the special features of the schemes to the investors. The Sub-broker must not make any representation concerning Units or the Mutual Fund except those contained in the SID, KIM, SAI and/or marketing material issued by Abchlor.
- Confidential Information shall mean all information disclosed to the Parties under this Agreement including but not limited to the details of the investors. The Party receiving the information shall be the "Recipient Party" and the party disclosing the information shall be the "Disclosing Party". However, the Parties agree that following shall not be considered Confidential Information: Becomes generally available to the public other than as a result of disclosure by the disclosing party or by the disclosing party's agents (in the case of Sub-brokers, including the sub-Sub-brokers), employees or representatives; or Information which was previously known to the recipient Party prior to receipt from the disclosing Party; or Information that is developed independently by the recipient Party or any of its employees, agents or representatives who had no access to the Confidential Information provided by the disclosing Party; or Information which is disclosed to regulatory authority; or. Information which is disclosed pursuant to the requirement or request of a government agency or court of competent jurisdiction.
- Each Party further acknowledges and agrees: To protect Confidential Information, the standard of care required by the Party in protecting the confidentiality of Confidential Information shall be the same standard of care that the disclosing Party uses in protecting its own Confidential Information. Parties here to shall disclose Confidential Information or permit disclosure of Confidential Information to its employees or agents or Service Provider only on NEED TO KNOW basis.
- The covenants of confidentiality set forth herein shall survive and continue and be maintained from the date hereof even after the termination of this Agreement.
- The Sub-broker shall always conduct himself with propriety and decorum and in a manner, which is not prejudicial to the interest of Abchlor.
- The Sub-broker must not use any malpractice and/or unethical means to sell, market, solicit or induce any investor to undertake any transaction pertaining to the units of any scheme
- The Sub-broker hereby specifically authorises Abchlor to obtain KYD documents /records of the Sub-broker from KYD/CDMS/AMFI. If the Abchlor is not able to obtain /Download such details from KYD/CDMS/AMFI or the Sub-broker is not KYD Compliant or if the records are not in verified status, then Abchlor reserves the right to reject the empanelment or call for such records/ documents as may be required, and the Sub-broker agrees to provide all such documents to Abchlor, in order to comply with the provisions of Know Your Sub-broker norms laid down by AMFI/SEBI as amended from time to time.
- The empanelment of the Sub-broker as a Sub-broker of Abchlor shall be on a non-exclusive basis. The relationship between Abchlor and the Sub-broker is that of principal to principal and does not create any agency relationship or employee-employer relationship between Abchlor and the Sub-broker.
- In respect of all disputes arising under this engagement, the courts at Mumbai alone shall have jurisdiction, in accordance with the laws of India.
- The statements and declarations made by the Sub-broker herein are the basis of his empanelment as a Sub-broker.
- The empanelment of the Sub-broker as a Sub-broker of Abchlor is subject to written confirmation from Abchlor. The Sub-broker shall promptly provide on periodic written declaration / confirmations along with supporting documents as required by the Abchlor to ensure compliance with all applicable laws/rules/regulations/guidelines/SEBI/ AMFI circulars.
- The Sub-broker shall not restrict the right of investor for changing the Sub-broker, if the investor wishes to do so.
- The Sub-broker understand that if they submit any Offline/physical transaction application to Abchlor which require physical signature, such transaction will be processed by Registrar & transfer agent only if his signature on the application matches with the signature as available with KYD/ CDMS/AMFI records. The Sub-broker agree that any mismatch in signature would result in rejection of his request.
- The Sub-broker shall use only such SIDs, Key Information Memorandum containing Application Forms and advertising material provided by AMC and the Sub-broker shall not design its own advertisement of the scheme(s) unless it has obtained prior approval in writing from the Abchlor.
- The agency shall stand automatically terminated without any notice upon disqualification or withdrawal of Regulatory or Government Approval to act in the capacity contemplated herein. Upon any termination, the Sub-broker shall forthwith return all documents, papers and material pertaining to Abchlor.
- Appointment as a Sub-broker is subject to written/Mail confirmation by Abchlor.
Use Of The Portal -
"AIAPL Portal" or "InvestOnline.in Portal" shall mean all the websites /links /pages offered by AIAPL through which access is provided to web pages, online desks, user accounts, utilities, forms, surveys, reports, financial tools, articles, documents, media contents, news, Product, Service, market information, third party links, etc. in any mode, format or manner, and through any technology or platform, including mobile platforms /operating systems and mobile applications. AIAPL Portal/InvestOnline Portal includes all online user desks, mobile applications and mobile desks, including versions thereof but not limited to, Partner Desk, Trading Account Desk, and Client Desk.
- "Partner Desk" shall mean the areas in the AIAPL Portal to which the Partner gets access by virtue of a unique log-in identity and password. The Partner Desk contains information related to distribution business, Client information, MIS and other related information specific to the Partner.
- "Client Desk" shall mean the areas in the AIAPL Portal to which the Client gets access by virtue of a unique log-in identity and password. The Client Desk contains a portfolio and other related information specific to the Client.
- "Product(s)" shall mean securities or any other financial or non-financial products available with AIAPL from time to time and offered specifically to the Partners for distributing such products to their Clients in any mode or format.
- "Service(s)" shall mean support and related services to promote the sub-distribution business of the Partners as specifically offered by AIAPL from time to time. Some of the Services may require acceptance of specific terms & conditions by the Partner.
Any person intending to distribute units of mutual funds registered in India shall be a "Mutual Fund (MF) Distributor" as defined under existing laws as amended from time to time. Any Partner acting as an 'Investment Adviser' shall not be eligible to distribute units of mutual funds registered in India under this Agreement unless such Partner is conducting the mutual fund distribution business as a separate entity or separately identifiable department or division (SIDD) in conformity with the IA Regulations.
- AIAPL may add, amend, suspend, terminate any Product or Service at its sole discretion based on its internal guidelines and procedures and in accordance with the applicable laws.
- The Partner shall disclose the names of individuals engaged in the distribution of Products and Services offered by AIAPL on their behalf along with their relevant certifications & eligibility for specific Products & Services and their relationship with the Partner. The Partner shall update AIAPL with such information related to such individuals viz, new individual joining or an existing individual retiring from such role. All such individuals shall abide by the terms and conditions in this Agreement and shall work in conformity with the applicable laws.
- AIAPL grants the Partner a non-transferable, revocable and non-exclusive license to use AIAPL's Partner Portal and other online facilities for bonafide purposes of this Agreement only.
In the event of non-individual applicant being enrolled as a Partner, such person shall designate an individual ("Partner Representative") associated with the Partner as an employee, director, partner or any such other similar legal and contractual capacity who is authorized to act and undertake all the functions and actions or decisions on behalf of the Partner. The name and details of the Partner Representative shall be provided by the Partner to AIAPL and any change of the Partner Representative shall be communicated to AIAPL within a reasonable time without failure.
Definition of Relationship -
- Any individual engaged in the distribution of Products or provision of Services offered by AIAPL on behalf of the Partner, all their actions shall have a binding effect on the Partner and any acts of commission or omission shall be construed as acts of omission or commission of the Partner under this Agreement
- The relationship between the Partner and AIAPL shall be on a 'principal-to-principal' basis. The Partner is not an agent or employee or representative of AIAPL and shall have no rights whatsoever to represent or bind or act on behalf of AIAPL so as to bind or make party or engage AIAPL into any contract, agreement, legal relationship, any form of liability, etc. with any person, either directly or indirectly in any manner whatsoever. This includes, but is not limited to, actions taken in the performance of any activity, duty or service related directly or indirectly to the distribution of any Product or receipt of or provision of any Service rendered to any Client as a Partner subject to the applicable laws.'
- The Partner shall be allowed to create and manage a "Group Account" or family account of multiple related Clients. AIAPL in no case shall be responsible to the Client for any issue or dispute arising out of an incomplete or incorrect grouping of Clients done by the Partner, including but not limited to display of confidential information to any other Client, Partner or any third party.
- The Partner shall be allowed to request AIAPL the user-id and password of the Client Desk for their Group Accounts. The Clients can access their Client Desk with such requested login ID & password through the AIAPL Portal.
- The Client of the Partner who has opened the InvestOnline.in account with AIAPL shall be given a user id and password to access his Transactions and holdings through the account.
- The Client and the Partner will be responsible for the bonafide use of AIAPL Portal and also for the privacy and security of such a login Id and password. AIAPL in no case shall be responsible to any Client or Partner, whatsoever, for the unauthorized access of AIAPL Portal or for the leakage of any confidential information of a Client.
Adherence To Laws -
The Partner shall offer Clients with quality services, timely information, and shall have a proper Client grievance handling process in place. The Partner shall also adhere to all applicable laws with respect to any Product related advice, distribution, Client risk profiling & objective(s) assessment, Product evaluation, Product suitability study, Client registration, disclosures to Client, servicing or such other related activities and also any portfolio advisory or any investment management related activities
Statutory Requirements -
- The Partner specifically ensures that any person involved or engaged in selling or distribution of mutual funds and other Products on behalf the Partner, is eligible and duly authorized to do so and has the necessary certification as required by applicable laws and guidelines released by regulators & governing authorities, including SEBI, AMFI, and any industry SRO.
- The Partner engaged in the distribution of units of mutual funds declares that the Partner nor any of his related party or associate is acting as Investment Adviser under IA Regulations. In case, a Partner or any related party or associate wishes to operate as an "Investment Adviser", a written communication must be made to AIAPL, without failure and the Partner shall either terminate this Agreement or shall only be eligible subject to adherence to certain terms and conditions of AIAPL in addition to the IA Regulations.
- The Partner shall be solely responsible for adhering to the implementation of KYC (Know Your Customer) and AML (Anti Money Laundering) norms, processes, compliances under the PMLA regulations & guidelines given by the regulatory authorities, AMCs, SRO and AIAPL from time to time. In case of any non- compliance thereof, the Partner agrees that AIAPL cannot be held responsible for the same.
- AIAPL reserves the sole ownership and rights over 'AIAPL Portals' and shall offer such Products & Services and features thereof as deemed appropriate and feasible from time to time. AIAPL shall offer these Services & features without any expressed guarantees or warranties whatsoever and on the "As Is and Where Is" basis. AIAPL owes no liability or obligations to provide and/or on account of the use of these services/features to its Clients and offering of the same shall be on privilege basis at the sole discretion of AIAPL. AIAPL regularly and rightfully perform the maintenance & development activities on all 'AIAPL Portals' and parts or contents thereof. During such activities, the AIAPL Portal services may not be available, either in part or full, for such required durations of time.
- The Partner acknowledges that AIAPL reserves the right to communicate with the Clients to provide information on Products, Services, Transactions, promotions, subscriptions, markets, etc. and also gather feedback and interests on any Transactions done, or Products/Services offered or, in any mode, format or manner, at its sole discretion, without any prior notice to the Partner.
- AIAPL reserves the right to allocate, change, shift, transfer the relationship of the Partner to any of AIAPL Employee or any Non-Employee playing a similar role.
- AIAPL also reserves the right to set-off and/or deduct any due amounts by Partner from the accrued commissions or brokerages etc., amounts payable to the Partner at the discretion of AIAPL.
- "Intellectual Property"/ "IP" includes ideas, concepts, creations, discoveries, inventions, improvements, know-how, trade or business secrets; trademarks, service marks, copyrights, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, books, spreadsheets, papers, models, sketches, formulas, information, teaching techniques, electronic codes, proprietary techniques, research and development projects, and data, and other confidential and proprietary information, computer programming code, databases, data, documents, reports, diagrams, instruction manuals, records, memoranda, notes, user guides; in either printed or machine-readable form, the whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.
- AIAPL solely owns all 'Intellectual Property' existing, created or held in the Products, Services, AIAPL Portal, in any mode or manner.
- The Partner shall have no right to use the Intellectual Property in any manner whatsoever except to the extent expressly permitted by AIAPL under this Agreement.
Use of Information -
- The Partner shall keep the access to AIAPL Portal, tools & contents thereof, documents, user manuals, reports, etc. only for authorized individuals such that unauthorized persons, do not have a visual view and/or physical access to the same.
- The Partner is responsible for maintaining and protecting the confidentiality of any login-id and password issued by AIAPL for access to AIAPL Portal, including Partner Desk. The Partner agrees to accept responsibility for all activities that occur under his login-id and password. AIAPL shall not be held liable for any actions, claims, damages, losses, suits, proceedings, demands or expenses, costs, charges in respect thereof or otherwise on account of the use of AIAPL Portal, or other such online facilities by person/s other than those authorized and/or nominated by the Partner.
- The Partner agrees and undertakes to:
- Provide true, accurate, current and complete information about itself as required under this Agreement.
- Maintain and promptly update the above information to keep it true, accurate, current and complete.
AIAPL shall not be liable for any delay caused in execution and/or rejection in respect of any Transaction or the subsequent receipt of such Transaction or account statement or delivery to a wrong person of any information, including but not limited to log-in information, account statements, Transaction confirmations, electronically or otherwise, which have been made through AIAPL or by AIAPL Portal, for any reason whatsoever.
Usage of Technology - (Sub-brokers, Independent Advisers, Distributors) -
- Abchlor Technology Solutions (hereinafter referred to as ATS) will, through its affiliates/associate distributors (distributor who agrees to use the platform of ATS for online transaction for their investors), upload the purchase/sale requests of the investors for the units of certain schemes of the Fund on its electronic Platform for Allotment and Repurchase of Mutual Funds).
- It is the responsibility of the Fund and the AMC to fulfill their obligation to allot /redeem the units of the unit holders in accordance with the data passed on through ATS.
- ATS only offers its web investment portal to affiliate/associate distributors, mobile application, submission of transaction feed files to the AMC/RTA on their behalf and facilitating fund transfer to the AMC's bank account through the payment gateway.
Obligations of ATS -
- ATS will allow its affiliate distributors who satisfy the conditions to accept buy and sell applications for mutual fund units of those schemes that tie-up with it. ATS will treat these intermediaries as empanelled/affiliated and may separately enter into suitable agreements with them for the same.
- ATS shall provide its online platform only in respect of the schemes of the Fund which have been communicated to it by the fund and the AMC.
- ATS shall enroll / provide its services to only Distributors who are AMFI registered and have valid registration in place. ATS shall enter into agreements with such Distributors wherein the Distributors undertake to ensure compliance with applicable SEBI Mutual Funds Regulations and AMFI Guidelines. Further ATS shall also ensure that the Distributors provide adequate and sufficient indemnity to ATS to address issues in case of non-compliance with applicable Regulations. Distributors shall ensure adequate documentation/agreement in place with its investing clients to ensure compliance with applicable Regulations.
- ATS shall be responsible to send the data generated by it on its electronic platform to the Fund/AMC/RTA of the Fund as may be mutually decided between ATS and AMC, so as to enable the Fund and/or the AMC to allot/redeem the units, to compute trail commission, for maintenance of records at their end etc.
- ATS will provide an electronic platform for facilitating the orders placed by the unit holders through their Mutual Fund Intermediaries and reporting them to the AMC/RTA.
- ATS shall provide its online platform on such terms and conditions as they may deem fit and proper from time to time within the Regulatory framework.
- It is agreed and understood between the parties hereto that the service agreed to be provided by ATS and the Mutual Fund Intermediaries are in the nature of facility.
- ATS shall ensure all account opening documents are verified by them before any customer is activated. ATS shall also be responsible to ensure all customers are KYC KRA compliant as per applicable Regulations as amended from time to time. ATS shall ensure all account opening documents and transaction logs are submitted to AMC/RTA as per applicable SEBI Regulations.
- ATS shall ensure all transactions are uploaded within applicable cut-off timings as may be decided by the AMC and the ATS from time to time, for processing of transactions based on NAV applicable based on the cut-off timings.
- Notwithstanding what is stated in sub-clause above, ATS agrees to ensure that the Affiliates duly carries on its obligation to its clients and also agree to take such disciplinary action as it may deem fit against the Affiliates including investor grievance handling and/ or arbitration mechanism, if any Affiliate is found to have failed or neglected in performing its obligations under this arrangement. The parties agree that suitable provision to this effect will be incorporated in the agreement that the Affiliate may execute with its clients.
- ATS shall reconcile the data generated on its platform and forward the duly reconciled data to the Fund. It shall be the obligation of the Fund to allot the units to the investors or transfer the amount into the account of the investors.
- Save and except as specifically provided in law, neither ATS nor the Affiliates shall be liable to comply with and be bound by any circular, regulation, notification, etc, applicable to a mutual fund and asset management company or register and transfer agents of a mutual fund. However the ATS and the Affiliates must ensure that all documents, transactions, processes and procedures duly comply with SEBI (Mutual Funds) Regulations, 1996 and any other circular issued from time to time, AMFI best practice and/or such other rules/regulations/guidelines as applicable from time to time.
- ATS agrees to maintain the client confidentiality as required under SEBI Mutual Fund Regulations, AMFI or any other statutory bodies from time to time.
- ATS agrees to maintain and offer the online transaction in accordance with the law prevalent in India, SEBI Mutual Fund Regulation, AMFI best practice and any amendment thereto from time to time.
Limitation of Liability -
The role of ATS is limited to the extent of facilitation of the proposed schemes through its online platform in the manner and to the extent as specified herein. ATS does not guarantee the fulfillment of obligation arising out of orders routed through its online platform and is not liable for any losses arising therefrom to any party or person. Further, AMC / Fund, shall not be responsible for any transaction which has not reached to AMC on account of error occurred at ATS website.
In case of any redemption request, the funds will be transferred by the AMC, directly to the investor's bank account. If any Purchase request is rejected then AMC shall transfer back the funds, which have been debited from the investor's account directly to the investor's bank account as per bank details provided in the feed file.
Neither ATS nor AMC / Mutual Fund shall be liable for failure or any loss, damage or other costs or for any consequential loss or damage arising out of:
- Telecom network or online platform failure including failure of ancillary or associated systems or fluctuation of power or other environmental conditions;
- Accident, transportation neglect, misuse, errors, frauds of the Affiliates or its authorized persons or the agents or any third party;
- Any fault in any attachments or associated equipment that forms or does not form part of its online platform;
- Malfunctioning of its online platform and/or processes determining and accepting/rejecting obligations or any lapse/failure not attributed to ATS directly;
- Act of God, fire, flood, war, act of violence or any other violent occurrence or
- Any incidental, special or consequential damage without limitation of loss or profit.
The Sub-broker agrees that it shall pay to ATS, such sum as consideration in respect of the facility to be provided by ATS under this Agreement, as may be mutually agreed upon between the parties.
Any notice to be given to any of the parties hereto shall be addressed at the address set out in the name clause of this Agreement. The parties undertake to inform the others of any change in such address from time to time. Any notice communicated either by registered post A.D, or send by e-mail (at the e-mail address of the person so nominated) or by fax as per the latest details provided by the addressee to the others shall be deemed to be good service and shall be deemed to have received by the addressee on the date of delivery.
All disputes, differences or questions, arising out of this Agreement including the Interpretation of the terms herein or in regard to the obligations, failure or breach of any terms thereof by any of the parties under this terms or of any matter whatsoever arising under or pursuant to this terms which have not been settled shall be referred to arbitration of a sole arbitrator, if the parties agree. Such arbitration shall be held and conducted in accordance with the provisions of the Arbitration and Conciliation Act. 1996 or any statutory modification or re-enactment thereof. The place of arbitration shall be Mumbai. This clause shall survive the termination of this Agreement.
In the event of any dispute between the Mutual Fund Intermediaries and the investors arising out of its online platform, ATS agrees to extend the necessary support for the speedy redressal of the disputes as they may deem fit including taking disciplinary action against the Affiliate.
- The Partner hereby undertakes, covenants and agrees with AIAPL, that it will at all times defend and indemnify AIAPL, its directors, affiliates, officers, employees thereof and their respective successors and assigns, heirs, executors and administrators and each of their estates and effects, from and against:
- All actions, causes, suits, proceedings, accounts, claims and demands, including claims and demands in respect of any prospective or retrospective liability, or any loss, financial or otherwise, whatsoever or arising on account of the Partners, candidates or its executors, administrators, successors taking any action, error, mistake, loss of document or information, misrepresentation, missing applications or other documents or on account of applications or documents being incomplete in any way, etc whatsoever and/or resulting in the same, undertaking any, and against all damages, costs, charges, expenses, sums of money incurred in respect thereof or otherwise in relation to the aforesaid reasons.
- Any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs, and expenses arising directly or indirectly from or in connection with Partner's acts or omissions with respect to this Agreement.
- AIAPL shall not be liable for any delay caused in execution and/or rejection in respect of any Transaction or the subsequent receipt of such Transaction or account statement or delivery to a wrong person of any information, including but not limited to log-in information, account statements, Transaction confirmations, electronically or otherwise, which have been made through AIAPL or by AIAPL Portal, for any reason whatsoever.
- AIAPL shall not be liable for any delay or non-payment of any proceeds on redemption or dividend payouts by the AMCs to the Clients of the Partners for any reason whatsoever.
- AIAPL cannot be held responsible or liable for any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs, and expenses, whether direct, indirect, incidental or consequential from such delays, non-executions, rejections, non-communication and/or miscommunication of information, non-payment of proceeds in regards to any Transaction or request for any Product and Service or otherwise made through AIAPL for any reason whatsoever.
- If the foregoing limitation is held to be unenforceable, the maximum liability of AIAPL and its service providers to the Partner shall not exceed the amount of fees actually paid by the Partner for the Products or Services which have been ordered or availed through the AIAPL Portal.
- Any Product or Service licensed, offered or purchased through AIAPL and/or AIAPL Portal, is provided on an "AS IS" basis and without warranties of any kind, either expressed or implied, directly or indirectly, including, but not limited to warranties of title or non-infringement or warranties of merchantability and fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
- AIAPL does not represent or warrant that the AIAPL Portals, Services of AIAPL offices and all other related support services will be uninterrupted, complete, accurate, authenticate, timely, updated, compatible, reliable, relevant or error-free. AIAPL shall make appropriate efforts to ensure AIAPL Portals and other services are free from defects, viruses, trojans, harmful components and that any defects will be corrected as deemed appropriate by AIAPL. AIAPL, however, does not warrant that all defects will be corrected in specific time or that the AIAPL Portals or the servers are free from viruses, trojans or other harmful components.
- The Partner agrees that AIAPL or AIAPL's directors, officers, employees, agents, sponsors, consultants, associates, service providers, business partners or other representatives shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other damages (including without limitation – loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, transaction failure, transaction delay, interruption of business, etc) under any contract, negligence, strict liability or other theory arising out of or relating in any way with the use of AIAPL Portal or Products and Services or in reliance of the information available on AIAPL Portal & related services.
- AIAPL cannot be held liable for any Transaction or application related delay, rejection, mistake, loss of document, etc. caused for any reason whatsoever, submitted by the Partner of their Clients, directly or indirectly, to AIAPL in any mode or manner.
- The Partner acknowledges that the availability of AIAPL Portal, Products, Services and/or other online facilities are subject to interruption for reasons beyond AIAPL's control and such interruptions may happen without any prior notice to the Partner at any point of time.
- If the foregoing limitations are held to be unenforceable, the maximum liability of AIAPL and its service providers to the Partner shall not exceed the amount of fees paid by Partner for availing access to particular Products or Services through AIAPL in any mode or manner.
- The Partner should make written suggestions to AIAPL for rectification of any defects or shortcomings noticed in AIAPL Portals and other Product or Services offered or made available him or his Client.
- AIAPL represents that it has taken due care and caution in providing information on AIAPL Portal and such information or references may be taken from external reliable sources as deemed appropriate by AIAPL. However, AIAPL does not make any guarantees or warranties whatsoever, expressed or implied, regarding the accuracy, adequacy, timeliness, completeness, reliability, functionality, fullness of any information, data, analysis, reports, etc., in any mode or manner. AIAPL shall not be responsible for any errors or omissions or for the decisions and consequences thereof based on any information, data, analysis, reports, etc., made available by AIAPL, in any mode or manner, to Partner or any other entity.
- Any information, data, market analysis, research reports, etc. made available by AIAPL, in any mode, manner or format, shall not be construed as a representation on the legality, feasibility, fitness or validity of any security, Product or Service under applicable laws.
- AIAPL may place on its AIAPL Portal contents like advertisements, banners, reports, articles, audio /video files, literatures, including those of AIAPL and third party Products and Services, including links to third party websites. However, AIAPL does not validate or qualify or endorse such contents and is not responsible for any such content or information, claims, statements and for any decision taken thereof, for any reason whatsoever.
- The Partner understands and agrees that no joint venture, partnership, employment or agency relationship exists between the Partner on one hand and AIAPL on the other as a result of this Agreement.
- AIAPL offers Products and Services through PSCs and AIAPL Portal, which are linked to the back-end infrastructure of AIAPL. The Partner acknowledges and agrees that the PSC and/or AIAPL Portal and the linked back-end infrastructure may be inaccessible and/or unavailable at times. In such an event AIAPL will not be liable for any damage, liability, action, cause of action, suit, claim, demand, loss, cost, and expense arising directly or indirectly from or in connection with any such inaccessibility and/or unavailability.
- Execution of and performance under this Agreement by AIAPL does not and shall not in any manner be treated as an advice under the IA Regulations.