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This Agreement sets forth the terms and conditions that applies to the access and use of the Websitewww.5nance.com (the "Website"), which is owned and operated by Innovage Fintech Private Limited, (hereinafter referred to as "Innovage /Distributor"), a company incorporated under the laws of India and registered under the Companies Act, 1956.
REQUEST YOU TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THE SAME. YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND DISTRIBUTOR FOR ALL THE TERMS AND CONDITIONS OF USE AND THE PURPOSE AS DEFINDED HEREUNDER .
TERMS AND CONDITIONS
"Account Aggregator Service" means a consolidated view of your bank balances, DEMAT balances, Credit Cards, Mutual Fund and Equity Portfolio Holdings and tracking transactions across all your Linked Accounts (defined later).
1. You hereby appoint Distributor /its Third Party Service Providers as an agent with a limited power of attorney to access third party sites (e.g. Bank websites/Depository Participants websites) to retrieve your information, and use such information in connection with the Account Aggregator Services.
. 2. Our Third Party Service Provider ("Nextgen") stores the user name, password and One Time Password (OTP) for each of your Linked Accounts. However, Distributor and its Third Party Service Providers respect your privacy and data security and shall use the information provided by you solely for the purpose of providing Account Aggregator Services.
3. Data and information under Account Aggregator Service is provided for informational purposes only, and is not intended for trading or transactional purposes. In case, you wish to trade or perform any transactions, you will be directed to the respective third party websites, in which case you will be abiding by the terms and conditions of the respective third party websites.
Distributor reserves the right to make changes to Terms and Conditions of Use at any time. Your continued use of the Website and/or Services shall mean your deemed acceptance of the modified Terms.
Distributor , through its third party services provider(s), hereby offers you an option to link your financial accounts (hereinafter referred to as "Linked Accounts"), which would enable you to have a consolidated view of the balances lying in your Linked Accounts and tracking transactions across all your Linked Accounts. The Website also enable you to undertake through its third party services provider(s). Distributor additional services on certain specific Terms, from time to time, which can be activated by you at your will and consent ("Additional Service(s)").
Account Aggregator Service and Additional Service(s) and use of such other information, tools, alerts, articles, views, videos, information, advices, calculators, analysis, report, data, contents, news, prices, statistics, comments, feedback, advertisement, features and functionality and other services on the Website, are hereinafter jointly referred to as "the Services," and individually as "Service".
II. ACCEPTANCE OF TERMS
This Agreement describes the Terms governing the usage of the Services provided to you on the Website. Clicking "I Agree" to "Terms & Conditions" on the registration page, after you have read all the Terms and Conditions of the Agreement, shall be considered as your acceptance of this Agreement. Your continued usage of the services from time to time would also constitute acceptance of the Terms and Conditions including any updation or modification thereof and you would be bound by this Agreement until this Agreement is terminated as per provisions defined herein.
Your electronic consent, accepting these Terms and Conditions, represents that you have the capacity to be bound by it, If you choose not to accept these Terms and Conditions, you will not be entitled to use the services. However, Distributor has the option to reject your registration to this Website without assigning any reasons whatsoever.
Distributor reserves the right at its sole discretion to make changes to these Terms , for such reason as it deems fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services, company re-organisation, market practice or customer requirements. Upon any change, Distributor will notify the updated terms and conditions on the conditions Website or by other means. Your continued use of the Services constitutes acceptance of the changes and an agreement to be bound by terms and conditions as amended. If you do not agree to the changes in the said terms and conditions, you should discontinue your use of the services.
You can review the most current version of the Terms and conditions at any time, by clicking the Terms & Conditions link on the login page of the Website.
III. YOUR REGISTRATION
Upon successful registration to the services, your account will be activated. You agree and understand that you are solely responsible for maintaining the confidentiality of your password, One Time Password (OTP) which, together with your Login ID, allows you to access the service. That Login ID password and together with any mobile number or other contact information you provide, form your "Registration Information".
By providing us with your email address and mobile number, you agree to receive all required notices and information electronically, to that email address or mobile number. It is your responsibility to update any changes to your email address and mobile number. Notices will be system generated in the text of the email or through a link to the appropriate page on the Website, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your registration Information, you agree to notify the Distributor immediately at the customer service helpdesk, the details of which are available on the Website. Distributor shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to the Distributor.
IV. ACCURATE REGISTRATION INFORMATION
You shall provide true, accurate, current and complete information about yourself and the Linked Accounts and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services by Distributor. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the website or use of the services.
The Account Aggregator Service also allows you to link the accounts of your family members. However, the Distributor shall not be responsible for any claim or breach of privacy, unlawful access etc. by your family members/entity.
Any misrepresentation in providing the Registration Information or Linked Accounts shall render the Services void ab initio, but without any recourse to the Distributor. The Distributor shall not be held responsible for any reason whatsoever, if the Registration Information is incorrect, at any point in time. Failure to provide accurate and complete information during registration may prohibit the use of the Account Aggregator Service.
V. ALERTS/ONLINE INFORMATION
Distributor may send automatic alerts and voluntary account-related alerts from time to time. Certain voluntary account alerts may be turned on by default, as part of the Services. You may customize, deactivate or reactivate these voluntary alerts based on your individual preferences and options available. Distributor may add new alerts (automatic/voluntary/compulsory) from time to time, or cease to provide certain alerts at any time, upon its sole discretion. Each alert has different options available and you may be asked to select from among these options on activation of your alerts service.
The alerts will be sent to you electronically on your email address and/or mobile number as per your most recent Registration Information available with the Distributor. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. You hereby agree and consent to receive all transactional alerts at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize Distributor to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents or third party service providers.
However, sending of short messaging service (SMS) alerts are subject to TRAI regulations and also to your telecom service provider, as may be applicable from time to time. The Distributor cannot be held responsible for non-delivery or delay in delivery of SMS alerts to your mobile number.
You agree and understand that alerts are not encrypted. Alerts may include some of your personal and sensitive information. Depending on which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email/mobile will be able to view the content of these alerts; therefore, you should take proper care to prevent any unauthorized access to the said alerts to protect your own interest.
While Distributor would endeavor to provide alerts under the Services in a timely and accurate manner, you understand and agree that any such alerts may be delayed or prevented by a variety of factors. You agree that Distributor shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party, on the reliance of an alert. Further, the delivery of alert messages are subject to compliance of any local laws or guidelines, as may be enforced from time to time and you agree to abide by such compliance requirement, as and when notified by governing authorities.
VI. PRIVACY AND YOUR PERSONAL INFORMATION
Distributor may transfer sensitive personal data or information to another Indian or overseas body corporate if it is necessary for the performance of Services, and you hereby consent to such data transfer.
You agree and understand that all Account Credentials of other Financial Institutions provided by you for your use/consolidated view are encrypted and stored by our Third Party Service Provider.
VII. THIRD PARTY SERVICE PROVIDERS
The Services on the Website are enabled through various third party service providers, including but not limited to the following:-
NextGen which will provide aggregator services for linking all your accounts.
Billdesk/Techprocess will provide bill payment services.
DISTRIBUTOR reserves its right, in its sole discretion, to replace/appoint/re-appoint any or all third party service providers to ensure uninterrupted provision of Services.
VIII. THIRD PARTY LINKS/OFFERS
Certain parts of the Services could be supported by sponsored links from advertisers and display Distributor offers ("Distributor Offers") that may be custom matched to you based on information stored in the Services, queries made through the Services, or any other information. You agree and understand that Distributor will always disclose such information when a particular Distributor offer is sponsored.
In connection with Distributor Offers, the Services may provide links to websites belonging to such advertisers and other third parties, which are beyond the control of Distributor. The Distributor does not endorse, warrant or guarantee the products or services available through the Distributor Offers (or any other third party products or services linked from our site), whether or not sponsored, and Distributor shall neither be construed as an agent or broker of such advertisers or third parties, nor otherwise be responsible for the activities or policies of their websites. The usage of such service, if any, shall be entirely on the basis of the terms and conditions between you and the service provider.
Distributor does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Website, are actually the terms that may be offered to you, if you pursue the offer, or that they are the best terms or lowest rates available in the market.
IX. ELIGIBILITY CRITERIA
You declare and confirm that you are a resident of India, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered herein.
The Account Aggregator Service allows you to retrieve and view your financial information which is available on different websites, of your Linked Accounts, all at one place. In that sense, the information would be aggregated for you. The Account Aggregator Service is enabled through software which performs the function of an aggregator, whereby you, as a user, would be permitted to view your financial information related to the Linked Accounts. You shall select and choose the facility of linking your account in your sole and absolute discretion. However, the selection of the financial information/account which you choose to aggregate shall depend/vary from time to time, as per the discretion of Distributor /Software provider.
The software which is used for the availing of the Account Aggregator Services is third party software licensed by Distributor. Distributor therefore cannot and does not make any representations in respect of the software, its functionalities or its features. Distributor understands that the software would permit you to retrieve and view your financial information, which is available at certain identified websites, all at one place. In that sense, the information would be aggregated for you. However, in the event of any inadequacy in the performance of the software, you should intimate the same to Distributor so that Distributor can address the issues on your behalf with the software vendor.
Having chosen this facility to link accounts, you, with the aid of the software, would be in a position to retrieve your own information maintained online by third party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions ("Account Information"). Distributor makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.
WITH THE ACCOUNT AGGREGATOR SERVICE, YOU MAY VIEW, MAINTAIN AND MANAGE INFORMATION STORED AT VARIOUS WEBSITES. THE REGISTRATION ALLOWS YOU TO ACCESS WEBSITES OF BANKS AND FINANCIAL INSTITUTIONS WHEREIN YOU HOLD ACCOUNTS/MERCHANT ONLINE SITES BY SIGNING IN TO THE WEBSITE.
You hereby authorize and permit Distributor /its Third Party Service Providers to use the information (such as account passwords and users names) submitted by you, to retrieve your Account Information for providing the Account Aggregator Services and to configure the said services so that it is compatible with the third party sites, for which you submit your information.
For all purposes hereof, you hereby grant Distributor /its Third Party Service Providers a limited power of attorney, and you hereby appoint Distributor /its Third Party Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, retrieve information, and use your information, with the full power and authority to do and perform each and every act and thing, requisite and necessary to be done, in connection with the Account Aggregator Services, as fully to all intents and purposes as you might or could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN DISTRIBUTOR OR ITS THIRD PARTY SERVICE PROVIDERS ARE ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, DISTRIBUTOR OR ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.
You agree that Third Party Service Providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. However, you agree and understand that the amount of time taken for aggregating the information which is sought cannot be guaranteed, and the aggregator service may take time to gather the information; therefore, your patience is requested and will be required, while the information is being aggregated.
You also understand that there could be a possibility that the bank/financial institution/third party website prevents Distributor or its Third Party Service Providers from aggregating the Account Information. In such an event, the Third Party Service Providers would not be able to collect and provide you with the desired information. Distributor shall not be held responsible in any manner whatsoever, for any such inability to access the desired Account Information.
THE ACCOUNT AGGREGATOR SERVICE OFFERS CONVENIENCE BY SAVING THE USERS FROM HAVING TO SIGN INTO EACH OF THESE ACCOUNTS BY ACCESSING THE WEBSITES SEPARATELY. OUR THIRD PARTY SERVICE PROVIDER (NEXTGEN/NETMAGIC/") SECURELY STORES THE USER NAME AND PASSWORD OF EACH OF THESE BANK ACCOUNTS/OTHER ACCOUNTS ETC.
HOWEVER, DISTRIBUTOR AND ITS THIRD PARTY SERVICE PROVIDERS RESPECT YOUR PRIVACY AND USE THE INFORMATION PROVIDED BY YOU, SOLELY FOR THE PURPOSE OF PROVIDING ACCOUNT AGGREGATOR SERVICES. DISTRIBUTOR, HOWEVER, DOES NOT STORE THE USER NAME AND PASSWORD OF EACH OF THESE BANK ACCOUNTS/OTHER ACCOUNTS ETC.
WE, RESPECT YOUR PRIVACY AND DO NOT INTEND TO STORE ANY OF THE PASSWORDS OF BANKS OR OTHER ACCOUNTS THAT YOU WOULD PROVIDE TO US. THE ACCESS INFORMATION/LOGIN DETAILS ARE STORED ON THE SERVERS OF RESPECTIVE WEBSITES OF BANKS/MERCHANTS ETC., AS THE CASE MAY BE. BY SIGNING INTO INVESTOR ACCOUNT AGGREGATOR SERVICE, THE ACCOUNTS LINKED THEREIN BY THE USER ARE AUTOMATICALLY SIGNED INTO.
You further represent that you are the legal owners or you are authorized for operation, of your Linked Accounts at third party websites and that you have the authority to (i) designate us and/or Third Party Service Provider(s) as your agent(s), (ii) use the Website and (iii) provide your passwords, usernames, and all other information relevant to provide you with the Account Aggregator Services. The Linked Accounts will get aggregated based on the information provided by you, without going into verification, and Distributor shall not be liable for any wrong or inaccurate information with respect to your Linked Accounts.
Distributor reserves the right to use the information accessed and aggregated by you to provide you with better services, information and alerts from time to time.
DATA AND INFORMATION UNDER ACCOUNT AGGREGATOR SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED FOR TRADING OR TRANSACTIONAL PURPOSES. IN CASE YOU WISH TO TRADE OR PERFORM ANY TRANSACTIONS, YOU WILL BE DIRECTED TO THE RESPECTIVE THIRD PARTY WEBSITES, IN WHICH CASE YOU WILL BE ABIDING BY THE TERMS & CONDITIONS OF THE RESPECTIVE THIRD PARTY WEBSITES.
You agree that Distributor is not liable for any errors, inaccuracies or delays in the content or aggregation, or for any actions taken on reliance thereof. The services which you may be able to access through the Website are services of identified Banks etc. The Website provides links to identified Banks etc. for your convenience only. Distributor does not endorse or recommend the services of any Bank etc. The Bank etc. you select is solely responsible for its services to you.
Distributor is not liable for any damages or costs of any type arising out of, or in any way connected with your use of the Account Aggregator Services or the services of the Bank, or third party sites etc., as the case may be. There may be a situation where the use of Account Aggregator Services at the instance of the bank, merchant may result in withdrawal/cancellation/discontinuation of your Account due to any reasons whatsoever. You agree that in such an event, you will not hold Distributor liable for withdrawal/cancellation/discontinuation of your Account or consequent damages or losses. You may also add information into the Website for accounts not available at other websites or which are not linked online to the Website. In such a case, you are solely responsible for the accuracy of such information.
You also agree and understand that data feeds, prices, rates and other similar market value information about any product or asset or property or securities or account information could be based on delayed feeds and these data or information may not reflect the real time values/actual rates.
XI. THIRD PARTY SITES
By using the Services, you hereby authorize Distributor and its Third Party Service Providers to access the websites of third parties designated by you specifically to link to your account on the Website, on your behalf, so as to register and enable the Linked Accounts, as requested by you. Distributor would act as your agent/power of attorney holder for this limited purpose. The Website does not have the capability to initiate any transaction affecting your Linked Accounts or provide notices or instructions affecting such Linked Accounts. Transactions and inquiries that you may initiate on the Linked Accounts at such Bank/Merchants/third party sites are not made through the Website and Distributor assumes no responsibility for such transactions or inquiries. You agree to comply with the terms and conditions of those accounts and use of services.
If you have a dispute or question about any transaction on such website(s), you shall direct those to the respective providers of the Linked Accounts. Third party websites shall be entitled to rely on the authorizations, agency and power of attorney granted by you to Distributor, under this Agreement. Distributor has no relationship to, affiliation, or connection with any such third party websites available for use with the Services, except where the third party websites belong to group or associate companies wherein you hold an account. However, the Services are not endorsed or sponsored by any such third party websites/providers. You agree and understand that Linked Accounts or services and information of group/associate company are not in any manner intended as being endorsed by Distributor , nor is it intended to be construed as being endorsed by Distributor . You agree and understand that you can choose and avail of the services and information of any other service provider, including for undertaking any transaction or for any other investment related matter. Such services and offerings will be as per the terms and conditions agreed by and between you and the service provider offering such services.
You agree that Distributor assumes no responsibility and shall incur no liability with respect to the acts, omissions, or determination of any such third party website. You acknowledge and agree that the Website may not maintain the same level of security against unauthorized access to your account information as the third party websites from which you have authorized Distributor to retrieve information on your behalf.
XII. Investor Account Opening
As a registered and active user of www.5nance.com in case you avail the facility of dealing in online mutual fund transactions through Investor Account Opening facility, you shall agree to the terms and conditions of Investment Account Opening facility separately available on the website at the time of activation / transactions and all such transactions undertaken shall be subject to /governed by such terms and conditions.
XIV. DEACTIVATION OF SERVICE(s) and TERMINATION OF AGREEMENT
You shall have an option to deactivate the Service(s) by following the administrative rules prescribed by Distributor from time to time. The deactivation request(s) would be processed and you shall receive deactivation intimation for your future records and reference. If you use Bill Payment Services and your services account is suspended or cancelled/deactivated, it may result in any scheduled payments/pending electronic payments to also be suspended or cancelled. Deactivation of Services will automatically lead to the termination of this Agreement. Upon deactivation of Services, Distributor shall not be liable to refund the subscription fee, if any, paid either in whole or in part.
Distributor may, at any time, terminate this agreement with you immediately upon notice:
If you have breached any provision of this agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this agreement).
If Distributor, in its sole discretion, believes it is required to do so by law or regulatory authority.
If you are found to upload any objectionable content.
If you have provided false and incorrect information as a part of your registration Information.
XV. INTELLECTUAL PROPERTY RIGHTS
The contents of the Website, including its "look and feel" (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are the owned/licensed by/to Distributor and/or its Third Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws. You acknowledge and agree that Distributor and/or its licensors or suppliers own all rights to this Website, the content displayed on the site and any intellectual or proprietary property and/or technology (in any form) made available to you as a part of or in conjunction with the Services.
You are only permitted to use any of the foregoing as expressly authorized by these Terms, and otherwise, by the Services. You may download or print a copy of the information provided on this Website for your personal, internal and non-commercial use only. You may not copy, re-print, reproduce (electronically or otherwise), distribute, or create derivative works from any content on the Website, in whole or in part, for any other purpose without our prior written consent. Further, you agree not to reverse engineer or reverse compile any technology associated with the Services, including but not limited to any software applications or Java applets associated with the Services Content, from the Website, in whole or in part.
XVI. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
DISTRIBUTOR AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DISTRIBUTOR AND ITS THIRD PARTY SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICES, WHETHER THE RESULT OF ACTIONS BY DISTRIBUTOR , OR ANY THIRD PARTY.
DISTRIBUTORMAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR OF THE SERVICES (WHETHER OR NOT SPONSORED BY THIRD PARTY SERVICE PROVIDERS), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. DISTRIBUTOR MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
CATEGORIZATION OF YOUR TRANSACTIONAL INFORMATION WITHIN THE SERVICES IS ESTIMATION PROVIDED FOR YOUR INFORMATION ONLY, AND DISTRIBUTOR DISCLAIMS ALL WARRANTIES OF ACCURACY FOR ANY USE, INCLUDING WITHOUT LIMITATION, TAX DEDUCTION. DISTRIBUTOR AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASEDOR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISTRIBUTOR OR ITS SERVICE PROVIDERS OR THROUGH OR FROM DISTRIBUTOR OR ITS SERVICE PROVIDERS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
XVII. LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER DISTRIBUTOR NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, THIRD PARTY DEVELOPERS, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM DISTRIBUTOR ; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES.
NIETHER DISTRIBUTOR NOR ANY OF ITS AFFILIATES , DIRECTORS ,OFFICERS OR EMPLOYEES, WILL BE LIABLE OR HAVE ANY RESPONSIBILTY OF ANY KIND FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE THAT YOU MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE WEBSITE OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT. IN NO EVENT, WILL DISTRIBUTOR BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND.
IN ALL CASES, THE MAXIMUM LIABILITY, IF ANY, SHALL BE RESTRICTED TO THE EXTENT OF SUBSCRIPTION FEES, IF ANY PAID BY YOU, TO DISTRIBUTOR FOR USE OF SERVICES WHICH ARE OFFERED BY DISTRIBUTOR, UNDER NO CIRCUMSTANCES SHALL DISTRIBUTOR BE LIABLE FOR YOUR USING THESERVICES OFFERED OR PROVIDED BY ANY THIRD PARTY SERVICE PROVIDER.
Distributor will try to make your experience with the Website a productive one. However, Distributor cannot always foresee or anticipate technical or other difficulties. The Services may contain errors, bugs, or other problems. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that, except as explicitly stated otherwise in these Terms, the Services is provided "AS IS", without warranties of any kind. Distributor does not assume responsibility for the timeliness, deletion, non-delivery, or failure to store any user data, communications, or personalization settings.
Distributor and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non- availability of the Website, and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. Distributor will not be responsible for any liability arising out of delay in providing any information on the Website.
Service Changes and Discontinuation
Distributor reserves the right to discontinue or suspend, temporarily or permanently, the Services, by giving 48 (forty eight) hours' notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website or maintain the security and integrity of the Services. You agree that Distributor will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
You shall not be entitled to avail of the Services without the use of a user name and password. You are responsible for maintaining the confidentiality of your password and Account, and you shall not allow anyone else to use your password at any time. You are fully responsible for all activities that occur using your password or Account. Please notify Distributor immediately of any unauthorized use or access of your password or Account, or any other breach of security. Distributor will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Customer Service Requests
If you request customer service assistance or report a problem with the Services, it may be necessary for Distributor to access your Investor Account and view your account information. Through the Customer Services the Distributor shall endeavor to provide assistance for usage of the Website and the modules available on the website www.5nance.com. However the Customer Service of the Distributor shall not be liable for any incorrect data/information shared with the Customers which are provided by the respective Mutual Funds and other Financial Products providers including Fixed Deposits/Gold/Grams. The Service provided by the Customer Services of the Distributor shall not be deemed to offer any advisory services to the Customers.
You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
Access and Interference
You agree that you will not:
a. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website, or any portion of the Website, without Distributor 's express written consent, which may be withheld at Distributor 's sole discretion.
b. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Services and other than generally available third party web browsers (such as Microsoft Explorer).
c. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the Services.
d. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website or the Services.
Restrictions on commercial use or resale
Your right to use the services is personal to you; therefore, you agree not to resell or make any commercial use of the services.
Rights you grant to Distributor as regards to the content you provide
Your usage of this Website provides an implied license to Distributor and its service providers, to use, modify, display, distribute any information, data, materials, or other content you provide to Distributor and that is retrieved from third party sites at your request and new material created (collectively, "Content") for the purpose of providing the Services.
In addition, Distributor welcomes your feedback as a user of the Services. Any feedback you provide will become the confidential and proprietary information of Distributor, and you agree that Distributor may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to Distributor. Distributor shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into Distributor or other Distributor software or services.
All product and service marks contained on or associated with the Services that are not Distributor marks, are the trademarks of their respective owners. Distributor would require you to respect the same. References to any such names, marks, products or services of third parties or hypertext links to third party sites or information does not imply Distributor 's endorsement, sponsorship or recommendation of the third party, information, product or services.
Not an Investment Advisor, Planner, Broker or Tax Advisor
The services provided by the Distributor are not intended to provide any legal, tax or financial or securities related advice. You agree and understand that Distributor is not and shall never be construed as a financial planner, financial intermediary, investment advisor broker or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and is broad and general in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation.
Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your advisor or other financial advisers who are fully aware of your individual circumstances. For more details, please also refer to the Legal Disclaimer provided on the Website.
Under no circumstances shall Distributor and any of its Third Party Service Providers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree to protect and fully compensate Distributor , its affiliates, subsidiaries, licensors, suppliers and service providers, employees, officers and directors, third party service providers and its affiliates, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the Services, your violation of the Terms or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
Third Party Products and Services
Distributor reminds you to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website, users may visit or be directed to sites containing information or material that may be offensive or inappropriate to some people. Distributor makes no effort to review the content of these sites, nor is Distributor or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites.
In addition, Distributor does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that Distributor does not pre-screen content, but that Distributor will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the Services.
You shall not assign your rights and obligations under this Agreement to any other party. Distributor may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.
Neither Distributor nor any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing and signed by Distributor. No delay or omission on the part of Distributor or any of its Service Providers and processor bank/merchants etc., in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
You agree that these Terms are the complete and exclusive statement of agreement between you and Distributor and supersede any proposal or prior agreement, oral or written, and any other communications between you and Distributor and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms. These Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and Distributor and/or the processor bank.
Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Distributor and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be Mumbai. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.
Governing Law and Jurisdiction
The Website specifically prohibits you from usage of any of its Services in any countries or jurisdictions that do not corroborate to all stipulations of these Terms. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.
Terms of Communication
By providing your contact number to 5nance.com you are authorizing the Distributor, it's representatives & its business partners to give you a call or receive communications in all electronic forms to offer services for the product you have opted for and for imparting product knowledge along with promotional offers on our website and our business partners. All communications in electronic format will be considered to be in "writing". Irrespective of the fact that you have registered yourself under DND or DNC service, you are still authorizing the Distributor, it's representatives & it's business partners to give you a call for the above mentioned purposes till 30 days of leaving your contact number on our website. Based on your active opt-in you are open to receiving promotional offers from the Distributor it's representatives & its business partners.
However, you have the option of revoking your consent or opting out from receiving any communications from the Distributor it's representatives & its business partners by clicking the link www.5nance.com on the website.
Last Updated : 18th February 2016