Terms & Conditions

1.Introduction

These terms and conditions (“Terms”) are entered into between you (“you” or “user”) and Nuvama Asset Management Limited (“AMC”) for accessing, registering, investing and interacting with our website, mobile application and any other technology platform owned and operated by us (“Platform”).

This document/contract/understanding is an electronic record published in accordance with the provisions of the Information Technology Act, 2000 and rules made thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as may be amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By continuing to use or access the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you are advised not to use or access the products on the Platform.

Your access of the Platform signifies your acceptance of these Terms. We reserve the right to modify these Terms at any time without notice, and your continued access of the Platform after any modifications will constitute your acceptance of such modifications.

2.Definitions

Capitalised terms not defined in these Terms shall mean as follows:

  • “Affiliate(s)” shall mean, with respect to the AMC, any person directly or indirectly controlling, controlled by, or under direct or indirect common control with the AMC including its subsidiaries and associate companies.
  • “Agreement” means these Terms and the Privacy Policy of the AMC, including references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.
  • “Content” means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, collectively.
  • “Force Majeure Event” means any event due to any cause beyond the reasonable control of the AMC, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, pandemic, flood, explosion, acts of God, civil commotion, riots, insurrection, war and acts of government.
  • “Fund” shall mean Nuvama Mutual Fund, a mutual fund registered with SEBI under the provisions of the SEBI (Mutual Funds) Regulations, 1996 as amended from time to time.
  • “AMC” or “we” or “us” or “our” shall mean Nuvama Asset Management Limited, a company incorporated under the Companies Act, 2013.
  • “KYC” shall mean Know Your Customer.
  • “Person” shall mean any natural person, company, corporation, partnership, proprietorship, trust, union, association, government or any agency thereof, or any other entity that may be treated as a person under applicable law.
  • “Platform” means the website, mobile application and any other technology platform owned and operated by the AMC.
  • “SEBI” shall mean the Securities and Exchange Board of India.
  • “Service(s)” shall mean all services including investment-related services as provided for in the Terms and Conditions of the Platform, including but not limited to the onboarding of investors, facilitation of mutual fund transactions such as subscriptions, redemptions and switches, portfolio reporting, account servicing, and investor communications. Services also include tools or features provided through the Platform that allow users to view, monitor and manage their investments and investment-related documents with the AMC, and engage with investor-education or digital-assistance modules offered by the AMC from time to time in accordance with applicable SEBI regulations.
  • “Trustee” shall mean Nuvama Mutual Fund Trusteeship Limited, a company incorporated under the Companies Act, 2013.
  • “User” or “you”shall mean any natural or legal person who accesses or uses the Platform. Where a natural person is representing a business entity or body corporate, references to such terms shall include a reference to such business entity and/or body corporate as well, and other promoters of such business entity and/or body corporate. All references to “you” shall include yourself and any other persons you are authorised to and required to provide consent for.

3.Representations and Warranties

By accessing, logging in, browsing or using the Platform, you hereby represent and warrant that:

  • You are a resident of India.
  • You are over 18 years of age.
  • You are duly authorised, either individually or as an authorised signatory of an entity.
  • You have the capacity to enter into a legally binding agreement.
  • You are not barred or legally prohibited from accessing or using the Platform.
  • You acknowledge and agree that we own all legal rights, title and interests in and to the Services, including any intellectual property rights which subsist in the Services.
  • You understand that you do not have the right to use any of our trade names, trademarks, service marks, logos and domain names. You do not have the right to remove, obscure or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
  • You hereby understand and acknowledge that the information requested from you is used for the various purposes set out in our Privacy Policy as well as for compliance with various laws, regulations and guidelines (including SEBI circulars and guidelines and the Prevention of Money Laundering Act, 2002) promulgated by the Government of India from time to time.
  • You will remain responsible for all actions taken through your system, username and password.
  • The information provided by you is true and correct.
  • You shall keep us updated of any change in the information provided on the Platform.
  • You are not a politically exposed person under the Prevention of Money Laundering Act, 2002, AMFI guidelines and SEBI circulars/guidelines.

4.Investment Related Declarations

  • I/We understand that investments/prospective investments under the folio shall be made only after reviewing and understanding the relevant offer documents, including the respective Scheme Information Document (SID), Key Information Memorandum cum application forms of the respective scheme(s), and Statement of Additional Information (SAI) of the Fund and addenda thereto, instructions issued by the Fund/AMC from time to time, as applicable.
  • I/We am/are eligible Investor(s) as per the respective scheme-related documents and not prohibited from accessing capital markets by any order/ruling/judgment passed by SEBI/Statutory Authority or Courts in India and Foreign laws. The information mentioned above is true and correct and I/We shall furnish such further/additional information as may be required by the AMC/Fund.
  • I/We undertake to promptly inform the AMC/Fund/Registrars and Transfer Agent (RTA) in writing about any change in the information furnished by me/us from time to time.
  • I/We hereby confirm that I/We have not been offered/communicated any indicative portfolio and/or any indicative yield by the Fund/AMC for this investment.
  • I/We shall be liable and responsible for any loss or claims suffered, directly or indirectly, by the AMC/Fund/RTA/SEBI Intermediaries arising out of any false, misleading, inaccurate or incomplete information furnished by me/us at the time of investing/redeeming the units.
  • I/We hereby unconditionally and irrevocably indemnify and at all times keep indemnified, save and harmless the AMC/Fund/Trustee and their officers, directors and employees against all actions, proceedings, claims, losses, damages, charges and expenses incurred or suffered/paid by the AMC/Fund in this regard and in case of any dispute regarding the eligibility, validity and authorisation of my/our transactions.
  • I/We have not received nor been induced by any rebate or gifts, directly or indirectly, in making this investment.
  • I/We hereby provide consent for uploading/updating/fetching CKYC record from the Central KYC Records Registry.
  • I/We hereby authorise the AMC/Fund to disclose, share, and remit in any form/manner/mode the above information and/or any part of it including the changes/updates that may be provided by me/us to the Fund, its Sponsor(s), Trustees, AMC, RTA, its employees, agents and third party service providers, SEBI-registered intermediaries, and any Indian or foreign statutory, regulatory, judicial or quasi-judicial authorities/agencies including but not limited to Financial Intelligence Unit-India (FIU-IND) etc. without any intimation/advice to me/us.
  • I/We also understand and agree that the AMC may make additions and/or deletions to the services and/or facilities that are currently offered on this Platform at its sole discretion.
  • I/We understand and agree that in case I/We choose to access this Platform from locations other than India, it shall be at my/our own initiative and responsibility for compliance with applicable local laws and regulations of such location/territory.
  • I/We understand that the AMC/Fund shall not be liable for any unauthorised transactions occurring through the Platform and fully indemnify and hold the AMC/Fund harmless against any action, suit or proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.
  • I/We understand that I/We would receive E-Statements of Accounts in lieu of physical Statements of Accounts and the annual report or abridged summary and all other statutory documents through email.
  • I/We hereby give my/our consent to the AMC and its agents to contact me over phone, email or any other mode to receive communications pertaining to financial transactions, non-financial transactions, promotional and other communications, irrespective of my blocking preferences with the National Do Not Call Registry. I/We understand that in case I/We wish to opt out of this functionality, I/We can contact the AMC/Fund in this regard.
  • I/We agree that the Fund, its Sponsors, Trustees, AMC, RTA, its employees and agents are in no way responsible for the consequences of my/our investment decision(s).
  • I/We hereby consent for providing transaction data feed, portfolio holdings, NAV etc. in respect of my/our transactions under Direct Plan to the RIA/Portfolio Managers/Stockbroker registered in the concerned folio, if applicable.

5.FATCA / CRS

  • I/We have read and understood the requirements of FATCA & CRS along with the instructions, and hereby confirm that the information provided by me/us in this regard is true, correct and complete.
  • I/We also confirm that I/We have read and understood the FATCA & CRS Terms and Conditions and hereby accept the same.
  • Further, I/We shall keep the Fund/AMC forthwith informed in writing about any changes/modifications to the information provided or any other additional information as may be required by you from time to time.

6.Proprietary Rights

The software and hardware that support the Platform, as well as other Internet-related software necessary for accessing the Platform, are solely our property and/or our authorised third party service providers’.

Your permission to access the Platform does not grant you any proprietary or ownership rights in the aforementioned software/hardware. You are prohibited from attempting to modify, translate, disassemble, reproduce, decompile or reverse engineer the software/hardware underlying the Platform or creating any derivative products based on the software/hardware. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Platform and all charges related thereto.

7.Payments on the Platform

We, either directly or through our business partners/vendors, may enter into agreements with third party payment gateways/aggregators and financial institutions authorised by SEBI for the purposes of, inter alia, processing disbursals, payments, collection, refund and remittance, and to facilitate payment between you and us.

8.Obligations of the User

  • Review of Terms. It is your responsibility to thoroughly review these Terms on a periodic basis.
  • Use of Information and Materials. The Platform displays details relating to the schemes, services and products offered by the AMC and other general information. The Platform should be accessed only by such User who is not specifically restricted to transact through online or otherwise in the schemes of the AMC. The Content contained on this Platform is provided for general information only and should not be used as a basis for making business/commercial decisions. You are advised to exercise due caution and/or seek independent financial advice before availing any facility or entering into any financial obligation based on the Content contained on this Platform.
  • Availability and Eligibility. The information and data contained in this Platform does not constitute an offer to buy or sell or solicitation of an offer to buy or sell any services in any jurisdiction other than India.

10.Registration

While registering on our Platform, you commit to furnishing accurate and comprehensive information. It is your responsibility to maintain the accuracy and completeness of this information. We reserve the right to suspend or terminate your account and deny access to the Platform (or any part of it) if there is suspicion or evidence of false or incomplete information provided by you.

11.User Conduct

You acknowledge that all images, information, data, text, software, graphics, video, messages or other Content, whether publicly posted or privately transmitted by you, are your sole responsibility. This means that you, and not the AMC, shall bear full responsibility for all Content uploaded or posted by users on the Platform. We do not exercise control over User-generated Content on the Platform and, therefore, cannot guarantee the accuracy, integrity or quality of such Content. By using the Platform, you acknowledge the possibility of exposure to offensive, indecent or objectionable Content uploaded.

In no event shall we be liable in any way for any Content, including but not limited to errors or omissions in any Content, or for any loss or damage of any kind resulting from the use of any User’s Content posted, sent, transmitted or made available on or through the Platform.

You agree not to use the Platform to host, display, upload, modify, publish, transmit, update or share information that:

  • Belongs to another person without proper authorisation.
  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, threatening, abusive, vulgar, tortious, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, related to money laundering, gambling, or otherwise unlawful.
  • Relates to or harms minors in any manner.
  • Infringes or violates or misappropriates upon any patent, trademark, copyright, trade secrets, confidential information or other proprietary rights.
  • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, or incites the commission of any cognizable offence.
  • Impersonates any person or entity, including but not limited to the AMC, its officials, directors or employees, or falsely represents your affiliation with any person or entity.
  • Forges headers or manipulates identifiers to conceal the origin of Content transmitted through the Platform.
  • Uploads, posts, sends, transmits or otherwise makes available any Content that you do not have the right to share under any law or contractual or fiduciary duty/relationships.
  • Distributes unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
  • Uploads, posts, sends, transmits or otherwise makes available any material containing software viruses, malware or any other computer code designed to disrupt or harm computer software, hardware or telecommunications equipment.
  • Interferes with or disrupts the Platform or servers or networks connected to the Platform, or violates any network requirements, procedures, policies or regulations.
  • Edits Content to wrongfully, illegally or without consent replace identities of individuals.
  • Intentionally or unintentionally violates any applicable local, state, national or international laws, rules of any national or other securities exchange, or regulations with the force of law.
  • Collects or stores personal data about other users.
  • Uploads, posts, sends, transmits or otherwise makes available any images or other Content of individuals without their knowledge or consent. Access to and use of password-protected and/or secure areas of the Platform are restricted to authorised users only. The User should not obtain or attempt to obtain unauthorised access to such parts of the Platform.
  • Engages in any reproduction, duplication, copying, selling, trading, reselling or exploitation of any portion of the Platform, use of the Platform, or access to the Platform for commercial purposes.
  • Except for web browser software and applications formally approved by the AMC in writing, you agree not to use any software, program or device to automate access to or data retrieval from the Platform.
  • You will not employ automated systems such as “robots,” “spiders,” “scrapers,” or “offline readers” to access the Platform.
  • You shall not collect personally identifiable information, including account names, from the Platform or use it for commercial solicitation.
  • You shall refrain from using the Platform for illegal or offensive purposes.
  • You shall refrain from attempting to compromise system integrity or security.
  • You shall refrain from overloading the infrastructure with excessive actions.
  • You shall refrain from uploading malicious software or viruses.
  • You shall refrain from impersonating others or engaging in fraudulent activities.
  • You shall refrain from interfering with the Platform’s proper operation.
  • You shall refrain from bypassing access restrictions.
  • You shall refrain from attempting to reverse engineer or discover source code.

12.Termination

We reserve the right to permanently or temporarily terminate, suspend or deny access to the Platform without notice or liability for violations of these Terms or where the provision of the Platform to you is no longer commercially viable or feasible for us.

13.Access

We reserve the right to withdraw or amend the Platform without notice. We shall not be responsible for interruptions or cessation of the Platform and the Services. We may restrict access to some parts of the Platform to Users from time to time for maintenance and other purposes. We make no warranties regarding the access, speed or availability of internet in general or the Platform in particular. The Platform is controlled from India, and users from other jurisdictions must comply with Indian laws.

Your responsibilities for accessing the Platform include:

  • Ensuring access to the Platform is appropriately arranged.
  • Ensuring that all individuals accessing the Platform through your internet connection or device are informed about and compliant with the Terms.
  • Providing accurate, current and complete information when prompted for registration or other details to access the Platform’s resources. Your usage of the Platform is subject to the accuracy and completeness of the information you provide. This information is also governed by our Privacy Policy, and you consent to our actions regarding your information in line with the Privacy Policy.
  • Acknowledging our right to disable any username, password or identifier, whether chosen by you or provided by us, at our sole discretion, for any reason, including if, in our judgment, you have violated any provision of the Terms.

14.Ownership of Intellectual Property Rights

We and our authorised partners retain exclusive rights and ownership of the Platform content (except user content and third party owned content), and the features and functionality of the Platform. You may not use, copy or reproduce these materials without prior written consent. All intellectual property rights are protected under applicable laws.

The Content on the Platform — including but not limited to text, photographs, graphics, video and audio Content, financial data, news, research, recommendations and opinions — is protected by copyright in favour of us under applicable copyright laws and is also safeguarded under general intellectual property law.

Third-party content appearing on the Platform is the property of their respective owners, and we do not assert any rights in relation to the same. Such third-party content is used by us either on the basis of permission from the third party or pursuant to fair use provisions.

15.Warranty Disclaimer

The Platform and its Content are provided “as is” and “as available.” We disclaim all warranties, express or implied, regarding the accuracy, timeliness or completeness of the Platform’s Content. We are not responsible for any errors, interruptions or damages resulting from the access of the Platform.

The information provided is for general information purposes. We encourage you to seek the advice of your advisors regarding any product you wish to apply for on the Platform. Decisions based on the information contained within the Platform are your sole responsibility.

We do not guarantee that:

  • The Platform’s services will meet your requirements.
  • Products, services, information or materials sourced or obtained through the Platform will meet your expectations.
  • Results obtained from the Platform will be accurate or reliable.
  • Products and services are fit for a particular purpose.
  • There is no possibility of data deletion, mis-delivery or storage failure.
  • We endorse or guarantee third-party products or services advertised on the Platform. We shall not be responsible for transactions between you and our third-party providers.
  • Any identified defects will be corrected, that the Platform is free from viruses or other malicious, destructive or corrupting code, non-infringement of third-party rights, title, merchantability, data accuracy and completeness, satisfactory quality and/or fitness for a particular purpose.

16.Indemnity

We shall not be liable in case you breach any terms or conditions provided under the Privacy Policy or these Terms, and will not be obligated to indemnify you for any direct or indirect losses accruing to you. You agree to indemnify, defend and hold harmless us, our affiliates, group companies and our directors, officers, employees, agents, third party service providers and any other third party providing any service to us in relation to the Services, whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any terms of the Terms including any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to the Terms.

17.Limitation of Liability

In no event shall the AMC, its officers, directors and employees, or its contractors, agents, licensors, partners or suppliers be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to abuse or breach of data), even if the AMC or an authorised representative has been advised of the possibility of such damages, arising out of or relating to (i) these Terms, (ii) the Platform, (iii) your use of or inability to use the Platform, or (iv) any other interactions with another User in connection with the Platform.

18.Force Majeure

We shall not be liable for any failure to perform any of our obligations under the Terms or to provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure event, and in such case our obligations shall be suspended for so long as the Force Majeure event continues.

19.Governing Law

These Terms shall be governed by the laws of India, regardless of your actual location. You agree to the exclusive jurisdiction of Mumbai, Maharashtra, India.

Disputes under these Terms shall be resolved through arbitration governed by the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Mumbai. The arbitration shall be conducted in the English language. The arbitrator’s award is final, and costs for the arbitration shall be borne by the User.

20.Notices

All legal notices or demands to or upon us shall be made in writing and sent by courier, certified mail or electronic email to the AMC at its registered office address as published on the Platform. The notices shall be effective when they are received by us in any of the above-mentioned manners.

All legal notices or demands to or upon a User shall be effective if delivered personally, sent by courier, certified mail or email to the last-known correspondence address or email address provided by the User to us, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when we are able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or immediately upon us posting such notice on an area of the Platform that is publicly accessible without charge.

21.Entire Agreement / Severability

These Terms, along with the Privacy Policy, legal disclaimers and other legal notices on the Platform, constitute the entire agreement between you and us.

If any provision is deemed invalid by a court of competent jurisdiction, it will not affect the validity of the remaining provisions, which remain in full force.

22.Cookies

We use cookies on our website for analysis, offering financial tools and digital lending, providing unique content, and enhancing user experience.

23.Usage of Personal Information

Your personal information provided to us through the Platform will only be used and protected in accordance with our Privacy Policy.

24.Breach of the Terms

These Terms constitute a legally binding contract between you and the AMC. Please read them carefully and ensure you understand and agree to the Terms before accessing the Platform. If you have any questions, please contact our investor support team through the channels published on the Platform. Without prejudice to the AMC’s other rights under these Terms, if you breach these Terms in any way, or if the AMC suspects that you have breached the Terms in any way, then the AMC shall be entitled to take such action as it may deem necessary.

Mutual fund investments are subject to market risks, read all scheme related documents carefully.