Terms And Conditions Of Use
These terms and conditions of use (“Terms”) govern the access and use of the Mutual Fund Investment Platform (“Investment Platform”) on the mobile application of Amica Financial Technologies Private Limited (“Jupiter App”). Please read these Terms carefully before accepting. By accepting these Terms, You agree that You have read, understood, acknowledged and accepted the Terms to access and use the Investment Platform. The Investment Platform enables You to invest in, track and manage Your investments in direct plans of mutual fund schemes. We reserve the right to update these Terms from time to time. Please ensure that You read these Terms periodically to stay updated on our Terms.
In these Terms, wherever the context so requires, ‘You’ or ‘Your’ or ‘User’ shall mean any natural person who has already signed up on the Jupiter App and intends to avail of the services offered on the Investment Platform. Further, wherever the context so requires, ‘We’, ‘Us’ or ‘Company’ shall mean Amica Investment Advisers Private Limited, a company registered under the Companies Act, 2013.
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules made thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Acceptance of the Terms and Conditions
- For accessing and using the Investment Platform, You agree to:
a. provide true, accurate, current and complete information about yourself as prompted for on the Investment Platform; and
b. maintain and promptly update Your information to keep it true, accurate, current and complete.
- If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate or freeze Your access to the Investment Platform (or any portion thereof), at any time without notice.
- We reserve the right to freeze or terminate Your designated investment account to comply with applicable laws or follow the order of a court of competent jurisdiction or directions/orders of any regulatory body or government authority.
2. Mutual Fund Execution Services
- The Investment Platform will allow You to invest in, track and manage Your investments in direct plans of mutual fund schemes (“Services”). Using the Investment Platform, You will be able to independently review and analyse various mutual fund schemes and invest in those schemes that are best suited for Your needs. From time to time, the Investment Platform may allow You to invest in other investment products. It is clarified further that the Services provided by Us on the Investment Platform do not, in any manner, constitute investment advice (as defined under the Securities Exchange Board of India (Investment Advisers) Regulations 2013) (“SEBI IA Regulations”), or recommendations or solicitations to buy/sell/hold units of any mutual fund scheme.
- To review the terms of any mutual fund scheme (“Transaction Documents”), please visit the websites of the relevant Asset Management Companies (“AMC”) that offer the scheme.
- On the Investment Platform, We may provide indicative summaries and information related to different mutual fund schemes generated internally or sourced from third party entities. All summaries, analysis and information (including expense ratio, estimated returns, net asset value (“NAV”), etc.) are historical and for illustration purposes only, and is subject to change. No representation is made as to the reasonableness of the assumptions made within, or accuracy or completeness of any summaries, analysis and information related to different mutual fund schemes. We also provide a ‘Help me Invest’ widget on the Investment Platform that aid users to independently make investment decisions with respect to mutual fund schemes on the basis of factors such as investment goals, time horizon, and risk appetite.
- It is expressly clarified that We only provide a technology platform for You through Jupiter App to invest in direct plans of mutual fund schemes and We do not engage, in any manner, in the activity of distribution of units of mutual fund schemes. We only facilitate the implementation of the investment instructions initiated by You on the Investment Platform and any investment in a mutual fund scheme will be a contract directly between You and the issuer of the mutual fund units. Further, the features highlighted in Clause 2(2.1)(3) including the features of the ‘Help me Invest’ widget are for informational purposes only and should not be construed as investment advice as defined under the SEBI IA Regulations or tax advice or a recommendation or solicitation to buy/ sell/ hold units of any mutual fund scheme.
- Before making any investments in units of mutual fund schemes, You must independently determine the suitability of investing in such mutual fund schemes, based on Your risk appetite and goals. All mutual fund investments are subject to market risks. Please read all scheme related documents carefully before investing. The past performance of any mutual fund scheme is not indicative of its future performance. We advise You to take appropriate professional advice from duly registered and qualified investment advisors, before making any investment decisions. You shall take full responsibility for the outcomes of all of Your investment decisions, including losses if any incurred by You. You acknowledge that We shall not be responsible or liable for any direct, indirect, incidental, consequential, special, punitive or any other damages arising out of Your investments in units of mutual fund schemes.
- All interactions, communication, dealings and transactions between You and the concerned AMC will be separate and independent dealings/transactions between only You and the concerned AMC. We are not responsible for any dispute arising between You and the concerned AMC.
- You authorise Us to implement all mutual fund investment/redemption instructions which You will initiate through the Investment Platform via Your designated investment account (“Transaction Instructions”). On initiating a Transaction Instruction, You agree to be contacted by Us or by the third party entity providing the mutual fund units. For completion of the transaction, You authorise Us to communicate and receive relevant information (including personal and investment information) in respect of Your transaction with relevant third party entities and their service providers (including but not limited to, AMCs / Registrar and Transfer Agents (“RTAs” / KYC Registration Agencies (“KRAs”) / BSE Star MF / NSE NMF). Please note that We have no control over how the information is used by such third party entities and their service providers, and usage of such information will be as per their respective policies.
- Further, for the provision of the Services, We may avail the services/products of third-party entities and You hereby agree, acknowledge and grant Your consent to Us to collect and share any information and other personal details, as may have been disclosed by You, to third party entities engaged by Us. The use and operation of any integrated services from such third party entities such as mutual fund transaction platform, investing, data aggregation, processing, etc. will be additionally governed by the relevant service terms and contracts of the respective third party entities. We shall not be liable for any penalties, loss or damage which is incurred by You directly or indirectly due to the negligence or actions of any third party entity.
- We shall not be liable for any failure or delay on the part of the third party entities including, but not limited to, failure or delay of allotment of units of mutual fund schemes or any such deficiency/non-delivery of services. The concerned third party entity shall be solely liable to You for any such failure and/or delay.
- Access to the Investment Platform is provided to You on an ‘as is’ basis. We do not make any representations or warranties as to the operation of the Investment Platform and We do not guarantee that Your access to the Investment Platform will be uninterrupted or error-free or free from viruses. You acknowledge that We shall not be responsible or liable for any direct, indirect, incidental, consequential, special, punitive or any other damages (including loss of profit, loss or corruption of data, work stoppage, system malfunction) arising out of the use of the Investment Platform or through Jupiter App.
- You hereby undertake and confirm that before investing in mutual fund schemes, You shall read and understand the content of the SID/SAI, terms, conditions, details, rules and regulations related to and governing the concerned mutual schemes and thereafter apply for units of the same. Further, You shall not make any investments in mutual fund schemes based on receiving or being induced, directly or indirectly, by any rebate or gifts.
- You hereby declare and confirm that any amount that will be invested by You in any mutual fund scheme will legally belong to You and will be through legitimate sources only. Further, You declare and confirm that such investments in mutual fund schemes will not contravene any Act, Rules, Regulations, Notifications or Directives of the provisions of the Income Tax Act, Anti Money Laundering Laws, Anti-Corruption Laws or any other applicable laws enacted by the Government of India from time to time.
- You hereby acknowledge and confirm that in the event the KYC process is not completed by You to the satisfaction of the concerned AMC, You permit and authorise the AMC to redeem the funds investment by You in the concerned mutual fund scheme in favour of the applicant, at the applicable NAV prevailing on the date of such redemption and undertake such other action with such funds that may be required under the applicable laws.
- You hereby confirm that when You will make a request for investing in a mutual fund scheme, You will not have any existing Mirco SIP/Lump sum investments which together with the said application will result in aggregate investment exceeding INR. 50,000/- (fifty thousand only) in a year (applicable for micro-investment only) with the concerned AMC.
2.2. KYC Verification and User Onboarding onto the Investment Platform
- It is expressly clarified that only existing customers of Jupiter App, who hold a full KYC active bank account opened on the Jupiter App (“Partner Bank Account”), shall be allowed to onboard on to the Investment Platform and avail the Services and features provided on the same. This could be opened for minimum KYC customers as well in future.
- You acknowledge and authorise Us to check the status of Your KYC information/documentation with the KRAs. It is expressly clarified that only existing customers that are KYC compliant shall be allowed to onboard on the Investment Platform. The Investment Platform may be opened up for other users in the future, wherein on the basis of the user’s status, We may require the said user to provide the requisite information. The user may be required to submit personal details, including, but not limited to:
a. Full Name;
b. Date of Birth;
c. Permanent Account Number (“PAN”);
d. Phone number;
e. Occupation details;
g. Marital status;
h. KYC details - Your mother’s name, father/spouse name, address proof (Driving License, Passport, Aadhar Card and/or Voter Card);
i. Partner Bank Account details - Bank account number, account holder’s name, and IFSC code.
- You expressly provide Your consent for providing such information/documentation as may be required to complete Your KYC verification process. The KYC verification process may be revised from time to time based on the applicable laws and regulations and You may be called upon to provide further additional information/documentation from time to time.
- Upon completion of the registration process, You will be able to access and use the Services and features provided on the Investment Platform. You further agree that the issuers of units of mutual fund schemes will be entitled to carry out further checks or enquiries to validate the authenticity of any Transaction Instruction(s) initiated by and/ or to approve /reject/ disallow the same.
- You expressly provide Your consent to allow Us to utilize Your KYC information such as identity (name, PAN, age etc.), address and signature for sending it to the concerned AMC(s) for the purpose of validation and to comply with the legal and regulatory requirements. You hereby accept that for any transactions that are submitted offline i.e. with wet signatures, the signature available in Your KYC records would be used for signature verification. You agree and understand that You shall be solely liable to inform the AMC(s) in case of any change in Your KYC information including change in signature and in the event of Your signature not being updated, available or legible in KYC records, AMC(s) would be within their right to carry out further checks to validate the authenticity of the request or reject any such offline request based on existing KYC information.
2.3 Process Flow for Investing in Mutual Fund Schemes
- On being KYC compliant, through the Investment Platform, You will be able to make investments in units of any mutual fund scheme issued by various mutual funds available on the Investment Platform.
- You authorise Us and our associate/affiliate companies/Partner Bank or other banks to execute Direct Debit/Unified Payment Interface (“UPI”), subsequent Direct Debit/UPI/standing instructions (“SI”)/ NEFT/ RTGS/ IMPS/ NACH related to Your investments. You hereby agree, acknowledge, and grant Your explicit consent to Us and/or Jupiter App and their affiliates to contact You by phone, SMS, WhatsApp and/or email for any queries or updates regarding Your investments.
- After You decide the amount You want to invest in a mutual fund scheme You can choose to do Direct Debit/UPI/SI/NEFT/RTGS/IMPS/NACH from Your Partner Bank Account.
- Post receipt of Your Transaction Instruction(s), the same will be processed at the earliest. The Transaction Instruction(s) once placed cannot be cancelled or reversed and can only be redeemed with the NAV applicable as per the redemption date. The respective AMC shall credit the redeemed amount directly into Your Partner Bank Account as per the Transaction Documents.
- Notwithstanding anything contained under these Terms, all execution of the Transaction Instruction(s) is processed on a ‘best effort basis’ by Us. Although We endeavour to process Your Transaction Instruction(s) on the same day subject to the market cut-off time and internal policies, You acknowledge that due to any technical or other reasons/errors on our part or on the part of the third-party entities involved in the completion of the transaction, the transaction may not be completed on the same day leading to change in the NAV price of the units of the mutual fund scheme. You understand and agree to not hold Us liable for any losses suffered by You on account of such delay in processing the transaction. We will on priority address such issues and process such transactions on a best effort basis, on the next business day. The said process will also be applicable in the event of the redemption of units of mutual fund schemes.
- We will execute Your Transaction Instruction(s) with regard to the purchase or redemption of the units of mutual fund scheme with the concerned AMC. We will forward Your Transaction Instruction(s) to the respective AMC, electronically or otherwise, pursuant to which the respective AMC will process the transaction(s). RTAs/AMCs are not obliged to accept Your application for subscription to units of their mutual fund schemes in part or in full.
- We do not offer all mutual fund schemes for investment as available in the securities market. By limiting the number of schemes on the Investment Platform, We do not make any representation, guarantees or warranties (expressed or implied) as to the quality or nature of any AMC or mutual fund scheme. With respect to mutual fund schemes, We do not in any manner:
a. Guarantee payments on any units;
b. Guarantee liquidity of any units;
c. Make any offer to buy back any units;
d. Guarantee the redemption or repayment of any units on maturity;
e. Guarantee the payments of interest or dividend; and/or
f. Promise, indicate or guarantee any returns.
- If according to You there is any discrepancy in the particulars or details of Your transaction(s) or statement of account(s), then You shall be obliged to intimate the same to Us in writing within 10 (ten) days of receiving notice thereof, failing which such transaction(s), statement(s) or account(s) (as the case may be) shall be deemed to be correct and accepted by You and We will not be entitled to question the correctness or accuracy thereof.
3. Fee And Charges
- Currently, the Services offered by Us are free of transaction charges to You. You acknowledge that We reserve the right to charge fees in the future for the Services or any other services offered by Us. Any such changes will be communicated by Us via email 30 (thirty) days ahead of implementation and will be displayed on the Investment Platform. Under such circumstances, You shall have the option to transfer Your assets out of Your designated investment account on our Investment Platform without incurring any cost payable to Us
- You agree and understand that any such charges/fees that the Company may choose to levy will be in addition to those levied by the AMCs, if any. All fees, charges and reimbursement of expenditure shall be paid or made in full by You without any counter claim, set off or withholding.
4. Privacy and Data Protection
- Under no circumstances will We sell or rent Your personal and investment related information to anyone, for any reason, at any time.
- You hereby provide Your explicit consent to share Your data with Us and our associate/affiliate companies/Partner Bank/other banks to the extent required by Us to provide the Services, enhance the user experience, build affluence scores/ user insights, analyse data for the introduction of new services and features, and as may be required to comply with any regulatory requirements.
- Where the Services under these Terms are being availed together as a family by multiple Users, each User provides explicit consent to Us to share their data with the other Users who are signatories under these Terms for the purpose of provision of Services.
- Jupiter App may use the unique identifier of Your device for security purposes to track suspicious activity and for enabling certain features. For instance, if We detect that Your account is being accessed from multiple devices, We may contact You to ensure that You have authorised such access.
- You acknowledge, consent and agree that We may access, preserve and disclose Your designated investment account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
a. Enforce these Terms;
b. Comply with legal process nationally or internationally;
c. Respond to claims that any of Your content violates the rights of third parties;
d. Protect the rights, property or personal safety of the Company, their users and the public; and/or
6. Links to Third Parties
For informational, business or investing purposes, We may provide referrals to third party content or links to third party applications and/or websites, including entities/companies/businesses/individuals that have a relationship with Us (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating and do not warrant the products or offerings of, any of these entities/companies/businesses/individuals, or the accuracy of the content of their applications or websites. We do not assume any responsibility or liability for the actions, products, and content of any such applications or websites of such entities/companies/businesses/individuals.
7. Security Components
You understand that the Investment Platform and software embodied within the Investment Platform may include security components that permit digital materials to be protected, and that use of these digital materials is subject to usage rules set by the Company. You shall not attempt to reverse engineer, override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Investment Platform.
8. Your Content in the Company’s Services
- Such content must not:
a. Be harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially or ethnically objectionable, disparaging, and relating to, or encouraging money laundering or gambling.
b. In violation of any applicable law or regulation.
c. Harm minors in any way.
d. Infringe any patent, trademark, copyright or other intellectual property or rights proprietary rights of others or violate the privacy, publicity or other personal rights of others.
e. Deceive or mislead the reader about the origin of such messages or communicate any information that is grossly offensive or menacing in nature.
f. Contain software viruses or any other programs designed to interrupt, destroy or limit the functionality of another computer or mobile device.
g. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order.
h. Cause the incitement to commit any offence or prevent the investigation of any offence.
i. Be insulting to any other nation.
j. Impersonate another person.
k. Violate the provisions of the IT Act and rules and regulations thereunder or any other applicable laws.
9. Ownership; Proprietary Rights/Intellectual Property
- You acknowledge and agree that We, or our licensors, own all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services.
- Unless You receive our express authorization in writing, You agree that in using the Services or accessing our Investment Platform, You shall not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- You further acknowledge that our Services may contain information which is designated as confidential by Us and that You shall not disclose any such information without our prior written consent.
11. Modification of Terms
12. Termination / Agreement Violations
- You agree that We may at any time and for any reason, terminate Your access to the Services, or restrict or suspend Your access to all or any part of the Investment Platform/Jupiter App at any time, for any or no reason, with or without prior notice, and without any liability. If there is a suspicion of untoward or illegal activity, fraud whether suspected or otherwise, We may suspend Your designated investment account immediately.
- Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have under law or in equity. Upon termination for any reason, You agree to immediately stop using our Services.
13. Limitation of Liability and Damages
You hereby acknowledge that We, our subsidiaries, affiliates, directors, officers, employees, consultants, representatives, agents and partners shall not be held liable to You for any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by You, however caused and under any theory of liability. We shall also not be liable under any circumstances for damages arising out of or related in any way to Your inability to access, or Your difficulty in accessing the Investment Platform due to any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Investment Platform or Jupiter App by any third party, any loss of Your data, any claim relating to Your data or content from the Services.
You agree to defend, indemnify and hold harmless Us, our subsidiaries, affiliates, directors, officers, employees, consultants, representatives, agents and partners, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:
a. Your use of and access to the Investment Platform and Jupiter App;
c. Your violation of any third party right(s), including without limitation any copyright, property, or privacy right; and
d. Your violation of any applicable law(s).
15. Disclaimers / No Warranties
- You understand and expressly agree that Your use of the Services is at Your sole risk and that the Services are provided to You on an "as is" and "as available" basis.
- Any material downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or other device(s) or loss of data that results from the download of any such material.
- We, our subsidiaries and affiliates do not represent or warranty to You that:
a. The information on the Investment Platform is accurate, complete and updated;
b. Your use of the Services will meet Your requirements;
c. Your use of the Services will be uninterrupted, timely, secure or free from error;
d. Any information obtained by You as a result of Your use of the Services will be accurate or reliable; and
e. That defects in the operation or functionality of any software provided to You as part of the Services will be corrected.
- We shall not be liable for any damages of any kind arising from the use of the Investment Platform or the services or the contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing.
- We may provide various tools or analysis on the Investment Platform or Jupiter App. Any output of such tools/analysis is only for informational purpose and should not be construed as an investment advice as defined under the SEBI IA Regulations or tax advice or a recommendation or solicitation to buy/ sell/ hold units of any mutual fund scheme. The Output is based on our analysis, or the analysis of our subsidiaries and affiliates from information obtained from various sources, which We, our subsidiaries and affiliates believe to be true and correct. Such output does not guarantee any specific performance/returns. You should independently take Your own investment decision to execute any transaction based on Your risk profile, investment objective, financial status, etc. We assume no responsibility for the accuracy or otherwise of the output.
16. Notice / Correspondence
We may give notice to You by email/letter/telephone or any other means as deemed fit, to the address available in Our records. If the document/communication is sent by email, it shall be deemed to have been duly communicated and delivered to You. In addition, We may (but shall not be bound to) also publish notices of general nature, which are applicable to You, in a newspaper circulating in India or on our Company website or on the Investment Platform. Such notices will have the same effect as a notice served individually to You. You may give notice to Us, in writing/delivering by hand/email/post/other electronic means, at the address/email ID mentioned on the Investment Platform.
The failure by either Party to insist upon strict performance of any provision of these Terms shall in no way constitute a waiver of rights under these Terms.
If any provision of these Terms (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of these Terms shall not be affected by such determination and shall remain binding upon the Parties.
Notwithstanding the termination or rescission of these Terms, the provisions of these Terms shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, Intellectual Property Rights, Confidentiality, Limitation of Liability and Damages, Indemnification, Disclaimers/No Warranties, Dispute Resolution, Governing Law and Jurisdiction. Further, any provisions of these Terms which by implication are to survive the termination of these Terms shall survive such termination. Termination of these Terms shall not abate the causes of action that have accrued to the Parties prior to such termination.
20. Entire Agreement
21. Force Majeure
- We shall not be liable if any transaction does not fructify or may not be completed or for any failure on our part to perform any of our obligations under these Terms or those applicable specifically to our services/facilities if performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case, its obligations shall be suspended for so long as the Force Majeure event continues.
- You also acknowledge and agree that We are not responsible for the availability of such a transaction processing platform, nor are We liable for its performance. You explicitly agree that if You suffer any loss or damage on any products or services that You purchase from such a transaction processing platform or by Force Majeure Event, We will not be liable for any such loss or damage. Further, any cancellations, refunds or redemptions, shall be determined as per the applicable policies.
- "Force Majeure Event" means any event due to any cause beyond our reasonable control, 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, unauthorised 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.
These Terms and any rights and licenses granted hereunder, including the right to use the Jupiter App / Investment Platform / Services, are personal to You, and may not be transferred or assigned or sublicensed by You to any other person or entity. We may assign, in whole or in part, the benefits or obligations of these Terms. We may, at our discretion, provide an intimation of such assignment to You, which will be binding on the Parties to these Terms.
23. Further Assurance
We and/or You shall perform such further acts and execute such further documents as may reasonably be necessary to carry out and give full effect to the provisions of these Terms and our intentions and/or Your intentions as reflected hereby.
Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Investment Platform or these Terms, must be filed within 3 (three) months from such claim or cause of action arose, failing which it shall be forever barred.
25. Dispute Resolution, Governing Law and Jurisdiction
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Mumbai shall have exclusive jurisdiction over any disputes arising under these Terms. In the event of any dispute arising out of these Terms, the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed by Us, and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.
26. Grievance Redressal Mechanism
In accordance with the IT Act and Rules made thereunder, the contact details of the Grievance Officer of the Company are:
Name: Mr. Vivek Agarwal
E-mail ID: firstname.lastname@example.org