By subscribing to or using any of our portals you agree that you have read, understood and are bound by the Agreement, regardless of how you subscribe to or use the portal. . If you do not agree with these terms, you cannot use / access the portal or utilize any Services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
In these Terms, references to "you" or "User" shall mean You accessing the Website, its contents and using the portal , and "Service Providers" means an independent third party service providers, and "we", "us" and "our" shall mean Phundo and its affliates.
Please note that we offer Investment Accounts and Mutual Fund Services (hereinafter “the Services”) through the portal "AS IS". If you are registering an account or using the portal on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual's or entity's behalf.
This Agreement was last updated on 15 December 2017.
- Welcome to the Website https://PHUNDO.com. This website is a customer oriented, interactive interface for investment consultancy in mutual funds and other investment solutions operated by Phundo Fintech India Private Limited, a company incorporated under the laws of India and having its registered office at No13 Regent Place 28/2 Varthur Road Thurbahalli Bengaluru, India.Phundo is user friendly and strives to provide goal based solutions for your needs by categorizing and customizing the various investment options into chosen themes and schemes with suitable weights that are efficient and effective in achieving your investment goals.Phundo offers scientifically selected mutual fund schemes and facilitates subscription and redemption of mutual fund units by transmitting your money and instructions to the relevant AMC.Phundo provides an unique facility of providing “Chat Advisors” 12 hours a day who shall promptly and effectively respond to your queries relating to your online investment profile or Service Account.
- Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. The Website at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
- You agree and undertake not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by any third party and so expressly mentioned, Phundo owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Phundo without obtaining written authorization from Phundo.
REGISTRATION OF USER :
- You must register/create an online account (“Service Account”) with us if you desire to utilize certain online Services provided through our Portal. You agree to provide accurate information and supporting documents to Phundo for the creation and maintenance of your Service Account. By initiating registration for the Service Account, you acknowledge your acceptance to these Terms.
- You are responsible to keep the password confidential and immediately notify us if you suspect any unauthorized use of your email address or any breach of security, or if any unauthorized third party becomes aware of that password. You agree that if you disclose to any person your user name or password, they are authorized to act as your agent for the purposes of using the Services on our Portal. You are entirely responsible to maintain the confidentiality of your password. You agree that the Services will be authenticated by your email address and password. If your login credentials have authenticated any transactions regarding the Services, we shall assume that they have been authenticated by you.
- We request all accounts to be registered with a regularly accessed, valid personal e-mail address or phone number so that we can communicate with you. We reserve the right to close without any prior notice, any accounts which have been registered with third parties e-mail address or with temporary e-mail addresses. Users may be required to re-validate their accounts if we believe they have been using an invalid e-mail address or Phone number.
- By creating an account, you agree to receive certain communications from us, including, but not limited to notifications and newsletters. Such communications may be via mobile phone, e-mail or other method as determined by us.
- We reserve the rights to decline any new registration or to cancel any existing registration at any time without giving prior notice to the User. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
- Upon the verification of the personal information submitted by you, you hereby entitle us to communicate with AMCs on your behalf for financial or non-financial transactions executed under this Agreement. We acknowledge and agree that you shall reserve the right to transact directly with the AMC in respect of the investments, made through PHUNDO or otherwise, during and after the term of this Agreement. Your instructions shall be processed on the same day if received before the cut-off times specified by PHUNDO. If not, they will be processed on the next business day. PHUNDO may specify cut-off times earlier than the times specified by the AMC/SEBI. For instructions relating to investments using ECS/ NACH/ Direct Debit, PHUNDO agrees to submit the fund transfer instructions to your bank prior to a subscription request to AMC. Phundo agrees to submit a subscription request to AMC only upon the money transfer to AMC’s account is confirmed. You acknowledge that Phundo shall forward your instructions to the AMC electronically, and the AMC will process the transactions on the basis of such electronic instructions. You further acknowledge that AMCs are not obliged to accept your application for subscription to units of their mutual fund schemes in part or in full.
- With a view to enhance your customer experience with Phundo, Phundo agrees that it shall use BSE Star MF Platform, as used by investors in the secondary market. Phundo agrees that Phundo shall employ the BSE Star MF Platform for the collection and redemption process alongwith the payment gateways enabling efficient transactions to AMCs and Banks for execution.
USER SUBMISSIONS :
- Anything that you submit to the Website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively "Submissions”) will remain your sole and exclusive property. We may, but shall not be obligated to, remove or edit any Submissions subject to such grant of rights.
- As per these Terms, you are solely responsible for every material or content uploaded on to the Website. We do not review the contents in any way before they appear on the Website. We do not verify, endorse or otherwise vouch for the contents of any User or any content generally posted or uploaded on to the Website. You can be held legally liable for their contents and may be held legally accountable if your contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. However, in compliance to the Information Technology Act, you are requested to ensure that content so uploaded by you, must not 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.
- Harmful to minors in any way.
- Infringing any patent, trademark, copyright or other intellectual property rights.
- Deceiving or misleading the reader about the origin of such messages or communicate any information that is grossly offensive or menacing in nature;
- Containing software viruses or any other programs designed to interrupt, destroy or limit the functionality of another computer or mobile device.
- A threat to the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order.
- A cause for the incitement to commit any offence or prevent the investigation of any offence.
- Insulting or offensive to any other nation.
- Impersonating another person.
USE OF THE CONTENT :
- All of the Content belonging to Phundo shall remain Phundo’s proprietary right and shall be protected by copyright, trademark, patent, and trade secret laws, other proprietary rights. You acknowledge that the portal and any underlying technology or software used in connection with the portal containsPhundo’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only. Nothing in these Terms transfer any intellectual property rights to you by virtue of permitting your use of the portal except as expressly permitted under these Terms. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or the portal in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither Phundo nor its affiliates grant you any express or implied rights, in the Site and the portal unless expressly granted by Phundo to you.
- You acknowledge that in the contingency when the Service includes downloadable software, Phundo shall grant you the royalty free, non-assignable, non-sub-licensable and non-exclusive license to use the Software enabling you to use and benefit from the Services in accordance to these Terms.
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Portal and/or the Services; what content you access via the Portal and/or the Services; what effects the content on the Portal and/or the Services may have on you; how you may interpret or use the content on the Portal and/or the Services; or what actions you may take as a result of having been exposed to the content on the Portal and/or the Services. You release us from all liability for you having acquired or not acquired content through the Portal and/or the Services. The Portal and/or the Services may contain, or direct you to Portals containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Portal and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Portal and/or the Services. We make no representations or warranties regarding suggestions or recommendations of Services or Services offered or purchased through the Portal. We provide the Portal and the Services “As Is”, “With All Faults” and “As Available.” We make no express or implied warranties or guarantees about the Services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Services and the Portal, including without limitation any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the Services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choice. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Services or any other data or information provided or received through the Services. Except as expressly set forth herein, we make no warranties about the information systems, software and functions made accessible through the Services or any other security associated with the transmission of sensitive information. We do not warrant that the Portal or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Services, software or Portal are free of computer viruses, contaminants or other harmful items.
- You represent that the money you invest is from your Bank Account and that it is obtained from legitimate sources. Further, you represent that it has been remitted through approved banking channels. You shall be solely responsible for the source and legitimacy of the funds invested through Phundo and Phundo shall bear no liability or responsibility for the same.
- You acknowledge that PHUNDO does not, and is not obliged, to offer all mutual fund schemes for investment. By limiting the number of schemes on the Website, PHUNDO 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. You agree that the information contained on the Website:
- Is for general information only and does not profess to be all-inclusive;
- Is not intended as a substitute for qualified advice; and
- May contain, or be linked to, advice, statements or opinions of third parties, information providers or content providers and use of or reliance on any such advice, statements or opinions is at the User's own risk.
You acknowledge and accept that in order to make an informed investment decision, you may read Offer Documents* of the mutual fund schemes that you plan to invest in. You are also entitled to seek independent financial planning, legal, accounting, tax or other professional advice before investing or withdrawing.
- Our endeavour is to ensure that all the information on the Portal is correct, but we do not provide any warranties relating to the quality, accuracy or completeness of any data, information, product or service. The user understands and agrees that any material or data downloaded or otherwise obtained through the Portal is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to any invalidity of any kind. We accept no liability for any errors or omissions, with respect to any information provided to you by us or on behalf of third parties.
- You specifically acknowledge that PHUNDO shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
- You acknowledge and accept that Phundo shall not be held liable for any losses or delays in response time caused due to the following contingencies:
- Loss of data due to failure in the user’s hardware
- Loss of data/issues caused due to the inability or failure in hardware or network services required for the successful operation of the User’s system
- Loss of data due to unavailability of data or network data services or any such services provided by the third party vendors that acts a prerequisite for the effective and efficient operation of the Phundo’s system and related services
- Loss of data, and/or failure, malformation, irregularity, distortion, defect or destruction of any component or the machinery or loss of data due to any of the aforesaid reasons
- Loss of data due to force majeure or due external third party cyber attack
- In case of investments using ECS/ NACH/ Direct Debit, you acknowledge that there may be a lag between the date of debit to my account and the date PHUNDO submits my request to the AMC
- Unacceptance by AMC for your application for subscription to units of their mutual fund schemes in part or in full.
- Any act that is not an obligation of PHUNDO in this Agreement.
- Any disclosures made by PHUNDO to any statutory body under any law.
- Any loss, notional or otherwise, incurred because of
- Delays either at the Bank, Registrar and Transfer Agency or AMC.
- Rejection of my instructions by the Bank, Registrar and Transfer Agency or AMC.
- Processing of instructions authenticated by your Login Credentials.
- When permitted by law, PHUNDO and its service partners will not be responsible for lost profits, revenues, or data, financial losses, or any damages. In all cases, PHUNDO and its service partners, will not be liable for any loss or damage that is not reasonably foreseeable
- Any breach in security or loss caused due to any unauthorized disclosure made by you with respect to the Service Account or your transactions on Phundo to any unauthorized person.
LINKS TO THIRD PARTY WEBSITES :
- The Site may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
- Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. You further acknowledge and agree that Phundo is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
USER CONDUCT & RULES :
- You agree and undertake to use the Portal strictly abiding by the following principles:
- Subject to compliance with this Agreement, the Company grants You a non-exclusive, limited privilege to access and use this Portal.
- You agrees to use the Services, Portal and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
- You shall not promote or try to gain unauthorized access or exceed the scope of authorized access in the said Portal and its connected network.
- You shall not attempt to gain unauthorized access to any portion or feature of Portal, or any other systems or networks connected to our Portal.
- You shall not violate any law currently in force in India or outside.
- You shall not probe, scan or breach the vulnerability of the said Portal or any network connected to the said Portal.
- You shall not use any automatic device, program, or methodology including but not limited to "deep-link", "page-scrape", "robot", "spider" or other such means, or any similar manual process, to access, acquire or copy any portion of the Portal or any content within.
- You shall not upload, publish, host, transmit, display, modify, update or share any information that, in our sole discretion, contains software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- You shall not engage in any activity that inflicts an unreasonable or abnormal load on the Portal or any systems or networks connected to our Portal.
- You shall not use the Portal or any content for any purpose that is unlawful or prohibited by this Agreement.
- You shall not violate any of the terms and conditions of this agreement or any other terms and conditions contained elsewhere within Portal.
- You accept the sole responsibility for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Portal.
RESERVATION OF RIGHTS :
- We reserve all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our Portal, its content, and Services that may be provided. Any use of our rights requires our prior written consent. Please incorporate Karan Kapadia in case You wish to use Phundo’s trademarks or any license any such intellectual property belonging to Phundo. We are not providing you with any implied or express licenses or rights by making Services available to you and you will have no rights to make any commercial uses of our Portal or service without our prior written consent.
- We shall own all intellectual property rights in respect of the Services including any reports, data, drawings, designs, diagrams, tables, software, source code or object code or other information or materials, howsoever stored or held, acquired, created, developed, designed or in any way prepared, by us.
- All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PHUNDO or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of PHUNDO, with copyright authorship for this collection by PHUNDO, and protected by international copyright laws.
- You undertake that you shall not upload or publish or share any information that belongs to another person and to which you have no right to, unless that person has given you his permission, in which case you shall be held liable under Clause 4 and 7 of these Terms. If you think somebody is violating your copyright and want to notify us, please contact email@example.com. We will work with you to resolve your issue within thirty-six hours.
CHANGE POLICY :
- We are constantly changing and improving our Services and may add or remove functionalities or features, or stop a Service altogether. We shall provide you with reasonable advance notice in any of the above scenarios.
- You can stop using our Services at any time. We may also stop providing Services to you, or create new limits to our Services at any time.
- These Terms may be modified to reflect changes in the law or our Services. You shall be notified you of such changes immediately. Changes will never apply retroactively and will be effective immediately on posting.
TERM AND TERMINATION :
- The Terms will continue to apply until terminated by either you or us as set forth below. If you desire to terminate your agreement with us, you may do so by (i) initiate deactivation of your account; or (ii) deleting your accounts (if any).
- We shall terminate your account if
- You breach this Agreement or any terms or policies of the Portal.
- You violate any of the local or international laws
- We reserve the rights to cancel any new registration or to terminate any existing registration at any time without giving prior notice to you. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account. We shall not be liable to you or any third party for any such termination.
- Termination of your accounts shall not affect your liability or obligation arising prior to such termination. However,we shall continue to securely maintain a record of your personal information and financial transactions to fulfill regulatory obligations. We shall provide you details of the AMCs in whose mutual fund units you have invested in and shall also fulfill your redemption/transfer requests, if required.
- Electronic Contracting; Copyright Dispute
- International Users
- Entire Agreement
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
- Amendments To The Services
We may terminate, change, suspend or discontinue any aspect of this Portal, including the availability of any features of the Portal at any time without prior notice. We also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. We may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Portal after any changes to these terms are posted will be considered acceptance of those changes.
- Force Majeure
We shall not be liable to the User or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- War or threat of war, sabotage, insurrection, civil disturbance or requisition;
- Acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
- Import or export regulations or embargoes;
- Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving our employees or of a third party);
- Interruption of Service or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
- Power failure or breakdown in machinery.
- Breaches Of These Terms And Conditions
Without prejudice to the user’s other rights under these terms and conditions, if you breach any of these terms and conditions in anyway, we may take such action as deemed appropriate to deal with the breach, including seeking of legal remedy, suspending your access to the Portal, prohibiting you from accessing the Portal, blocking computers using your IP address from accessing the Portal and/or contacting your internet service provider to request that they block your access to the Portal.
- Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bengaluru, India.
- SEBI Disclaimer
Mutual Fund investments are subject to market risks, read all scheme related documents carefully. Past performance is not an indicator of future returns.