This document is an electronic record in terms of IT Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the "Rules and Regulations", "Privacy Policy" and "Terms and Conditions" for access or usage of www.finshak.com website.
1.The domain name www.finshak.com (henceforth referred as "Website") is owned by DCJ Advisors Pvt Ltd (henceforth referred as "Finshak India Pvt Ltd", "Company", "We" or "Us"), incorporated under the Companies Act, 2013. Users of our website, means "any person" or "visitor" or "registered user" (henceforth referred as "you" or "user") who views, browses, accesses or uses our website.
2. You should read this page along with the other legal documents (Privacy Policy, Service Agreements, Disclosures, and Disclaimers) appearing on the website and is referred as the "terms of use of our website and services" (henceforth referred as "terms & conditions").
3. Your access to our website or usage of any of our services, you accept, without limitation or qualification, the "terms & conditions". Mere use of our website shall be construed as your intent to contract with us and shall constitute your binding obligations, with us.
4. If there is any conflict in the "terms & conditions" with the previous oral or written communications, the terms of use of our website & services mentioned in the "Investor Services Agreement" would supersede.
5. We may modify the "terms & conditions" to reflect changes in either the law of land or our services. We will notify you of such changes and it would be effective immediately with posting on our website. If you don't agree to the modified "terms & conditions", you can intimate us and discontinue your use of our websites and services.
6. You must be at least 18 years old to use our website and are fully able and competent to enter into, and abide by, the contract created by the "terms and conditions".
7. You agree to have read and understood the Scheme Information Document/Key Information Memorandum of the Scheme(s) which include product risk label as provided by the Mutual Fund to the scheme that you are investing in.
8.You agree that the Mutual Fund's product risk label may differ from Finshak India Pvt Ltd Product Risk Rating; we may indicate a risk lower or higher than the Mutual Fund's product risk label.
9. You agree to abide by the terms & conditions, rules and regulations of the scheme and other statutory requirements of SEBI, AMFI, Prevention of Money Laundering Act, 2002 and such other regulations as may be applicable from time to time. We will be under no duty to verify compliance with any restrictions on user's investment powers. If you do not comply with these terms & conditions or rules & regulations and we do not take action immediately, it should not be construed as our consent to your non-compliance.
10.You declare that the amount invested in the Scheme is through legitimate sources only and is not designed for the purpose of contravention or evasion of any Act, Regulations or any other applicable laws enacted by the Government of India or any Statutory Authority.
11. You confirm to have understood the investment objectives, investment pattern, and risk factors applicable to Plans/Options under the Scheme(s).
12. You have not received nor been induced by any rebate or gifts, directly or indirectly, in making this investment.
13. All disputes, will be first subject to mediation, and then by arbitration by a sole arbitrator appointed by Finshak India Pvt Ltd in accordance with Indian law. The venue of arbitration will be Mumbai, Maharashtra.
14. Company reserves the right to use client information such as client name, phone numbers, emails or other contact details for any kind of service related activities like Product Promotion, Services, Inquiry, new updates, Reports, Advertising.
Use of our websites/Services
1. Finshak India Pvt Ltd shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the company to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event1 and in such case its obligations shall be suspended for so long as the Force Majeure event1 continues.
2. Using our services does not give you ownership of any intellectual property rights. Hence, you should not copy, reproduce, display, publish, sell, redistribute, transmit, license, transfer or in any way exploit any part of the content, materials, services or any information available on our website, except for your personal and non-commercial usage.
3. You should not use the website for any purpose that violates any laws or regulations enacted by the GOI or any Statutory Authority, or prohibited by the "terms & conditions" mentioned on website.
4. Usage of our website does not give you any proprietary or ownership rights over the software & hardware underlying our website. You shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying our website or any internet related software required for accessing the website.
5. You agree that the information and assistance provided on our website are true to the best of our knowledge and should not be construed as an investment advice. They should not, therefore, be the sole basis of investment decisions. We shall have no liability for any discrepancy in any such information or assistance.
6. You agree that access of content or other services on third party websites linked to our website are at user's own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Finshak India Pvt Ltd.
7. You agree to have read and understood the Scheme Information Document/Key Information Memorandum of the Scheme(s) as provided by the Mutual Fund to the scheme that you are investing in. You also confirm to have understood the investment objectives, investment pattern, and risk factors applicable to Plans/Options under the Scheme(s).
8. You agree that it will be the obligation of the Asset Management Company and not of Finshak India Pvt Ltd to regularly send to the registered customer such communications as required under the SEBI regulations.
9. You agree that Finshak India Pvt Ltd will not be liable to users for any act, omission or delay by the AMC or for any claims which user may suffer or incur as a result of or in course or discharge of our duties. Without prejudice to the above, we shall not be held liable for any loss or damage or failure to comply or delay in complying with its obligations caused directly or indirectly by any event or circumstances beyond our reasonable control.
10. We are not obliged to offer all mutual fund schemes for investment. By limiting the number of schemes on our website, Finshak India Pvt Ltd does not make any representation as to the quality, bona fides or nature of any AMC or mutual fund scheme, or any other representation, warranty or guaranty, express or implied.
11. You agree and acknowledge that Finshak India Pvt Ltd or any of our partners/vendors may at their sole discretion change the terms and conditions or withdraw any of the facilities provided herein from time to time. User hereby irrevocably and unconditionally grants no objection to us or any of our partners/vendors to collate the transaction details relating to the mutual fund investments, transmit such transaction data to the concerned AMC or vendors for further processing of user transactions.
12. If you create an investment account with Finshak India Pvt Ltd through some channel partner or offline, even without accessing our website, the "terms & conditions" for use of our website shall continue to be applicable to the users.
13. If you have provided us your contact details, such as email or phone number, we may send you announcements, messages or information on our services. You have the discretion of opting out of some of these messages.
14. All information submitted by users to us whether through the website or otherwise shall be deemed to be the property of Finshak India Pvt Ltd, and it shall be free to use any ideas, concepts, know-how or techniques provided by such users at our website, in any manner whatsoever.
Note: 1 - "Force Majeure Event" means any event beyond the reasonable control of Finshak India Pvt Ltd , including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.