Terms and Conditions for use of Online Facility on Electronic Platforms by Investors
These terms and conditions (“Terms and Conditions”) govern the Online facility (‘Facility/Online Facility’) being offered by Mahindra Manulife Investment Management Private Limited (“MMIMPL”/“AMC””) to the User of the Facility (“the User”) through its Website www.mahindramanulife.com and its Mobile Application (“Electronic platforms”). The Terms and Conditions together with the Disclaimer, Privacy Policy, Offer Documents (Statement of Additional Information, Scheme Information Document and Key Information Memorandum of the scheme(s) of Mahindra Manulife Mutual Fund (“the Fund”)), online registration form, online transaction form and any other documents, as specified by MMIMPL from time to time, form a binding contract between the User and MMIMPL/ the Fund. Online Facility shall mean the Electronic platforms provided by MMIMPL to eligible Users for availing the list of facilities and services as explained hereinafter in Clause 3.1 of these Terms and Conditions;
The User is requested to read the contents of these Terms and Conditions carefully before registering and/or undertaking use of the Facility. The User acknowledges that he/she has read and understood these Terms and Conditions and unconditionally agrees and assents to be legally bound by the Terms and Conditions by availing the Online Facility. The User undertakes that he/she is eligible and competent to enter into such a binding contract with MMIMPL/ the Fund as per applicable Laws. The User agrees that he/she is according his/her free consent, without any coercion, to register for the Online Facility.
The User's use of the Online Facility is governed by the version of the Terms and Conditions in effect on the date this Facility as accessed by the User. MMIMPL reserves the right to change the Facility and the Terms and Conditions at any time, without notice. If the User uses this Facility after the amended Terms and Conditions have been posted, the User will be deemed to have agreed to the Terms and Conditions, as amended. Changes in these Terms will be effective when such change / updated terms are posted. User's continued use of this Facility after any changes to these terms are posted will be considered acceptance of those changes. The User is bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which the User is bound.
The Online Facility is being provided by MMIMPL/the Fund at its sole discretion in order to facilitate electronic transactions for the Users. However, MMIMPL/the Fund is not bound or obliged in any way to offer or continue to provide the Online Facility to the Users. The User also acknowledges that an application for the Online Facility does not imply automatic acceptance by MMIMPL. MMIMPL / the Fund reserves the right to withdraw the Online Facility or one or more services/facilities offered through the Online Facility or online access to the Users, at any stage, without any notice or liability. to the Users, at any stage, without any notice or liability.
All capitalised terms used but not defined herein shall have the meaning ascribed to them under the Offer Documents or such other documents which are referenced herein.
1. Information for Investors not Authorized to use this Online Facility,
This Online Facility is intended solely for the use of Resident Indian(s), permitted Non-Resident Indians, persons of Indian Origin, and Foreign Investors and other investors, permitted to invest in mutual funds and services offered by MMIMPL, as per prevailing laws & regulation established by SEBI & other regulatory bodies/authorities and disclosure(s) made in the Scheme Information Document of the schemes of the Fund. Nothing on this Online Facility shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of that jurisdiction.
2. Conditions for availing Online Facility
2.1. The Online Facility is presently available only to the individual investors to transact in the schemes of the Fund.
2.2. MMIMPL may subsequently extend the Online Facility to other categories of Users or restrict existing categories of Users, at its sole discretion.
2.3. MMIMPL / the Fund may at its sole discretion restrict the Online Facility to only a particular set or class of Users or block a folio for future or further dealings. Neither MMIMPL nor the Fund shall be held liable or responsible for not making the Online Facility available to any particular User or certain categories, classes or sets of Users.
2.4. In order to access the Online Facility, the User is compulsorily required to have completed all prescribed KYC requirements as may be specified by SEBI/AMFI/other Regulatory/Government authorities from time to time.
2.5. The investor availing the Online Facility of account opening authorises the AMC and/or its Registrar and Transfer Agent to import his signature from the KRA feed / feed file(s) received from any other KYC registration authorities appointed by the regulatory / government authorities and store the same for handling physical transaction requests, if any, subsequently submitted by the investor. Signature(s) received from the KRA would be considered as valid for verifying signature(s) against a physical transaction.
2.6. In case signature received from KRA/ other KYC registration authority(ies) is unclear or is unavailable in the feed, a hold will be marked on the units and intimation will be sent to the investor/s to submit signatures in physical, at the earliest. Unless the same is received, the folio will be frozen for all financial transactions and the AMC shall not be liable or responsible for any loss or damages of whatsoever nature arising to the investor on account of freeze of the units for want of signature.
2.7. If during subsequent back office verification process, it is ascertained that the payment has been received from a third party account, the relevant units against the purchase will be reversed and refund proceeds will be remitted to the bank account from which the funds were received, as confirmed by the payment gateway service provider.
2.8. In case the bankers fail to provide the account no, an intimation would be sent to the investor to submit the correct account no. with proof of payment toward purchase. Till such time, the refund remittance will be kept on hold.
2.9. The User shall ensure that the pay-out bank account details / bank mandate details are correctly provided while creating the folio using the Online Facility. The AMC shall not be liable in case the redemption/dividend (Income Distribution cum Capital Withdrawal/IDCW) proceeds are sent to an incorrect bank account due to incorrect bank details provided by the User in the folio.
3. Services offered on Electronic platforms through Online Facility
3.1. The services offered by MMIMPL on the Electronic platforms through the Online Facility are being offered, subject to the Disclaimers mentioned on the Electronic platforms, as an additional facility to the Users and is not in substitution of other facilities being provided by MMIMPL/the Fund. These services are over and above the facilities that MMIMPL provides through its official point of acceptance / investor service centres. MMIMPL reserves the right to include or exclude any services from time to time or even discontinue the Online Facility, as it may deem fit in its absolute discretion. The User agree and understand that the scope of services provided by MMIMPL at any point of time would be as made available in the Online Facility at the time of access by the User. MMIMPL may, at its sole discretion, also block certain type of transactions from the Online Facility, for one or more scheme(s).
3.2. The User may avail of Online Facility for any of the following services that are being presently offered by the AMC:
a) Subscription and Additional Subscription to various schemes of the Fund including any new schemes launched by the Fund from time to time and which are tagged with the existing Schemes by the Fund for the purpose of conducting such online transactions.
b) Switching between schemes / plan / options, as permitted. The cut-off timings for switch options for online transaction through the Fund’s website for all schemes except for Mahindra Liquid Fund and Mahinda Overnight Fund is kept at 2.45 PM and Mahindra Liquid Fund and Mahindra Overnight Fund is 1.15 PM
c) Redemption of units.
d) Registration and Cancellation of SIP, STP and SWP facilities
e) Pause SIP facility
f) Special products (as and when offered by AMC through online facility)
g) Downloading Account Statements
3.3. The User hereby agrees and confirms that the services mentioned hereinabove in clause 3.2. are only an inclusive list, and the AMC may add or remove any services it may in its absolute discretion decide, which services the Unitholder may use the online Facility to access and utilise.
3.4. The AMC reserves the right to make the Online Facility available for such schemes and investors as it deems appropriate, and neither the AMC nor the Fund or any of their Affiliates shall be held responsible or liable for not making the said Facility available for such other scheme or Unitholders.
3.5. The services through the Online Facility are available to only those Users availing them through the Electronic platforms. The Online Facility is not available to Users attempting to transact with MMIMPL through any third party websites, unless the Users using such third party websites specifically register on the Electronic platforms of MMIMPL.
3.6. Currently, the Users are not permitted to transact in Folios/Units in dematerialized form through the Online Facility.
3.7. MMIMPL may, in its absolute discretion and in the User’s interest, request a fax/written confirmation signed by the User of any Electronic Instructions given by such User, as well as request for any additional information that MMIMPL may require. In such case, MMIMPL shall not be bound to act on any Electronic Instructions received until such fax/written confirmation and/or additional information is received, in a form and manner acceptable to MMIMPL. However, MMIMPL shall have no obligation to check or verify the authenticity or accuracy of the fax/written confirmations purporting to have been sent by the User, and may act thereon as if the same had been duly given.
3.8. Any allotment of Units shall be subject to receipt and realization of payment, receipt of physical documents, fax or scanned copies or additional information, if so requested by MMIMPL/the Fund, within the timelines and in a manner as prescribed by MMIMPL/the Fund. All details as may be requested by MMIMPL from time to time for availing any of the Online Facility are mandatory. MMIMPL shall not be bound to act on any Electronic Instructions received, until receipt of such documents, fax confirmation, copies and/or additional information requested is received by MMIMPL, to its satisfaction. If these requirements are not fulfilled, MMIMPL/the Fund reserves the right to reject the application and refund the amount, or in case Units have been allotted, freeze the folio or redeem the Units at applicable NAV without any liability or responsibility for any loss or damage suffered by the User.
4. Privacy, security and confidentiality of information
4.1. The terms of the Privacy Policy, as amended from time to time, are incorporated by reference in these Terms and Conditions. The User agrees to comply with the terms of the Privacy Policy along with these Terms and Conditions.
4.2. The User agrees that the data provided by him/her pursuant to his/her online transactions and dealings with MMIMPL may be shared by MMIMPL with his/her authorised agents, representatives, affiliates, group companies and subsidiaries/service providers. MMIMPL undertakes to not use or divulge the personal or sensitive personal data or information for any purpose other than for providing the services contemplated under the Online Facility or any other ancillary or incidental facilities hereto.
The User further agrees that MMIMPL may disclose in strict confidence his/her personal information as may be reasonably necessary for reasons including, but not limited to:
(a) compliance with applicable Laws;
(b) prevention, detection or investigation of fraud; and
(c) statutory reporting.
4.3. In order to prevent unauthorized access, MMIMPL may lock/block the User if it detects any suspicious activity. Further, to prevent unauthorized access to the User’s account, MMIMPL may ask additional information before granting the access to the User and/or for making online transactions.
4.4. For security reasons, MMIMPL reserves the right to request the User to create a new account with a different login detail, without assigning any reason whatsoever.
4.5. Apart from the existing security measures, MMIMPL shall be entitled to introduce such other security protocols, security practices and requirements from time to time which shall be binding on the User.
4.6. The User shall treat all data obtained from MMIMPL including the folio numbers, transaction details, etc. as confidential and shall take adequate measures to ensure the security of such confidential information. MMIMPL and/or the Fund shall not be responsible in case the confidential information is wrongfully accessed or used by a third party.
4.7. MMIMPL agrees to take reasonable steps, on a best efforts basis to ensure confidentiality, continuity and security for availing Online Facility through the Electronic platforms without providing any guarantee or warranty regarding the same.
4.8. Pursuant to the submission of the contact details by the User(s) with MMIMPL /the Fund, it shall be deemed that the User(s) has authorised and provided consent to MMIMPL/ the Fund, its Registrar & Transfer Agent and their authorized representatives to contact the User(s) through various communication modes (including phone / email / SMS / WhatsApp) to address the investment related queries and/or receive communication pertaining to User’s financial transactions/ non-financial transactions/ promotional/ potential investments and other communication/ material about the mutual fund products and services offered by the Fund, irrespective of User’s blocking preferences with the Customer Preference Registration Facility.
5. USER-ID, PASSWORD AND ONE TIME PASSWORD (OTP)
5.1. The User may use the Permanent Account Number or registered email id and password using the online portal of MMIMPL to avail various services through Online Facility offered by MMIMPL from time to time.
5.2. The User may use the username and password to carry out one or more of the various types of transactions using the Online Facility like purchase, redemption, switch, including any other services or facilities which the AMC may decide to offer or permit, from time to time, by logging on the online portal of MMIMPL.
5.3. The User should ensure that important details like his/her mobile number, email id, PAN, date of birth are correctly updated in their folio. The User hereby acknowledges the fact that in case any of these information are not updated correctly then the password protection may be compromised and MMIMPL/Fund shall not be liable or responsible for any losses/claim arising thereof.
5.4. It shall be the sole responsibility of the User to ensure adequate protection and confidentiality of the username /password/OTP and any disclosure thereof to any other person shall be entirely at the risk of the User.
5.5. The User agrees to notify MMIMPL immediately if the password and OTP is lost or stolen or if the User is aware that another unauthorized person is privy to or has used the OTP or it is suspected that the OTP has been tampered with. On receiving such notification from User, MMIMPL may issue a new OTP.
5.6. The User agrees to update change, if any, in the aforesaid information in the records of KYC registration agency(ies) and MMIMPL on immediate basis. MMIMPL reserves the sole discretion to decide the mobile number/email id of the User where the OTP shall be delivered. MMIMPL shall not be liable in case the details are sent to an incorrect mobile number/email id due to an incorrect mobile number/email id provided by the User in the folio/KRA database.
5.7. In consideration of MMIMPL providing the User with Online Facility, the Unit Holder shall, at his own expenses, indemnify and hold the AMC/Registrar indemnified against all losses and expenses on full indemnity basis which the AMC/Registrar may incur, sustain or is likely to suffer in connection with MMIMPL/ Registrar's execution of the Unit Holder's instruction and against all losses/expenses/damages/cost/charges and action taken or omitted to be taken by the MMIMPL/Registrar, on the instructions of the Unit Holder.
6. Other terms and conditions
6.1. The information provided to the Unit Holder through the electronic mode may not be updated continuously but in regular intervals. Consequently, any information supplied to the User through the electronic mode will pertain to the date and time when it was last updated and not as the date and time when it is supplied to the Unit Holder. There may be a time lag in the updating of information on the Electronic platform. The AMC/Registrar shall not be liable for any loss that the Unit older may suffer by relying on or acting on such information.
6.2. The instructions/transactions requested via electronic mode, shall be executed only when the instruction/transaction is in accordance with the prescribed procedures. MMIMPL/Registrar has no obligation to verify the authenticity of any transaction/instruction received or purported to have been received from the User/Unit Holder. Where MMIMPL/Registrar considers the instruction(s) to be inconsistent or contradictory it may seek clarification from the User/Unit Holder acting on any instruction(s) or act upon any such instruction as it deems fit. The User/Unit Holder is responsible for the correctness of information supplied to MMIMPL/Registrar using electronic mode and MMIMPL/Registrar accepts no liability for the consequences arising out of erroneous information supplied by the Unit Holder.
6.3. If any User chooses to access/use the Online Facility from locations outside India, the User does so at his own risk and shall be solely responsible for compliance with all applicable laws in force in such locations.
6.4. The User shall not avail any online services through the Online Facility in a manner contrary to applicable Laws. The User shall be bound by all the provisions and notifications issued by SEBI, the requirements under Information Technology Act 2000 or those specified to any other regulatory body.
6.5. Pursuant to these Terms and Conditions, the User unconditionally authorizes MMIMPL, its officers, affiliates and authorized representatives to effectuate all transaction requests through the Online Facility.
6.6. The User’s use of the Online Facility may involve the transmission of information, including personally identifiable data, about the User. The User consents to the transmission of such information by electronic means through the Internet and represent that such consent shall be effective each time the User uses the Online Facility/services offered by the AMC.
6.7. By providing relevant personal details for availing services online through the Online Facility, the User is providing his/her consent to map the folios where the User is a first holder or a guardian in a minor folio. However, the online mapping services will not cover Units which are held in dematerialized form.
6.8. In the event of a folio opened online, the User acknowledges that MMIMPL and its authorised representatives shall process subsequent financial as well as non-financial transaction requests in that folio, if any, received in physical mode on the basis of signatures of User made available by SEBI registered KYC registration agency/ other KYC registration authority(ies).
6.9. Mode of operation
Single Holding
Currently, the facility is available only for ‘Single’ holding Users.
On behalf of Minor
In case the User is a ‘minor’, the legal/natural guardian shall be eligible to avail the facility till the minor attains majority. The natural/legal guardian of the minor hereby agrees to submit such details as may be specified by MMIMPL from time to time.
6.10. The User authorises MMIMPL and its authorised representatives to use the information / details (including wet signatures) of the User captured from the records of KYC registration agency(ies) by MMIMPL for opening of the investor folio for processing any transaction submitted by User physically or any other mode.
6.11. The User understands that in making payment for subscribing to Units through a payment gateway, MMIMPL and/or the Fund shall not be liable for any failures in the link or for any fraud at the payment gateway's end or the bank's end at the time of making such payment. The User agrees that it is her/his responsibility to intimate MMIMPL and/or the Fund immediately in case his/her bank account is debited but the corresponding Units are not allotted.
6.12. The User agrees that if he/she notices any error in the account information or statement supplied by MMIMPL, the User shall advise MMIMPL of the same as soon as possible. MMIMPL shall endeavor to correct the error. While MMIMPL shall take all reasonable efforts to ensure the accuracy of the account statement, it shall in no event be liable for any error. The User agrees that he/she shall hold MMIMPL harmless against any loss, damages etc. that may be incurred or suffered by the User, if the information contained in the above said outputs turns out to be inaccurate or incorrect.
6.13. The User shall ensure availability of clear funds in his/her respective bank account, at the time of requesting a purchase of Units using the Online Facility and at the time of debit of funds from the bank account of the User.
6.14. MMIMPL shall, on a best efforts basis, attempt to keep Electronic platforms updated to ensure that the User has access to updated information.
6.15. MMIMPL is at liberty to sub-contract and employ agents to carry out its obligations under these Terms and Conditions.
6.16. The User agrees that MMIMPL is currently permitting the online transactions without any charge but MMIMPL, subject to applicable Laws, reserves the right to levy any fee or charge as it may deem fit at time in the future without requiring the prior consent of the User. The Fund however is entitled to charge the exit load or any other fees in accordance with the provisions of the Offer Documents.
6.17. The User acknowledges that he/she is using the Online Facility at his/her sole risk. The risks relating to the use of Electronic platforms include amongst others, internet frauds and technology risks. The risks relating to the use of internet and the Online Facility inter alia include the following:
(a) Internet frauds: The internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect the Electronic Instructions to MMIMPL. Whilst MMIMPL shall aim to provide security to prevent the same, there cannot be any guarantee from such Internet frauds, hacking and other actions that could affect the Electronic Instructions to MMIMPL; and
(b) Technology risks: The technology for enabling the Online Facility provided by MMIMPL could be affected by virus or other malicious, destructive or corrupting code, programme or macro or any other reasons not attributable to MMIMPL. It may also be possible that the Online Facility of MMIMPL may require maintenance and during such times it may not be possible to process the request of the investor/User. This could result in delays in the processing of instructions or failure in processing of instructions and other such failures and inability. The User understands that MMIMPL disclaims all or any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability of MMIMPL to honor any instruction for whatsoever reason. The User accepts that MMIMPL shall not be responsible for any of the aforesaid risks.
6.18. The User agrees and acknowledges that delay, forbearance or failure on MMIMPL’s part to act or exercise any right, entitlement under these Terms and Conditions shall neither operate as a waiver of such right, entitlement nor shall any single or partial exercise of such right or entitlement, preclude further exercise of such right or entitlement.
6.19. The User agrees that he/she shall not use or permit the Online Facility or any related service for any illegal or improper purposes.
6.20. Through this facility, the User can receive documents viz. account statements, fund updates etc. by email to the email address provided by the User to MMIMPL. MMIMPL shall not be liable in case details are sent to an incorrect email ID due to an incorrect email ID provided by the User.
6.21. Through this facility, the User can receive account statements on the mobile numbers provided by the User and can also avail of SMS confirmations every time the User transacts with the Fund. The AMC shall not be liable in case details are sent to an incorrect mobile number due to an incorrect mobile number provided by the User.
7. No investment recommendations or professional advice; use of tools:
This Online Facility is not intended to provide any tax, legal, insurance or investment advice, and nothing on the Electronic platforms should be construed as a recommendation, by theAMC or any third party, to acquire or dispose off any investment or security, or to engage in any investment strategy or transaction. Unless otherwise specified, the User alone is solely responsible for determining whether any investment, securityor strategy or any other product or service, is appropriate or suitable for the User based on his/ her/ its investment objectives and personal and financial situation. The User should consult a legal or tax professional regarding his/ her/ its specific legal or tax situation.
Information other than that relating specifically to MMIMPL, the Fund and its products/services, is for information purposes only and should not be relied upon as a basis for investment decisions. MMIMPL shall not be responsible for any information contained in any website linked from the Electronic platforms. MMIMPL makes no representations whatsoever about any such website which the User may access through this Online Facility. The AMC employs the best methods to keep the Electronic platforms updated and to ensure accuracy of information/data on the Online Facility. However, the information, products, and services included on the Electronic platforms may include inaccuracies or typographical errors. Changes are periodically added to the information herein. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided.
All information contained on any page set up by MMIMPL is distributed with the understanding that the authors, publishers and distributors are not rendering legal, accounting or other professional advice or opinions on specific facts or matters and accordingly assume no liability whatsoever in connection with its use. The User is advised to consult his/her own legal or tax advisor with respect to his/her personal situation. In no event shall the AMC, its staff / directors and AMC’s related, affiliated and group companies / entities be liable for any direct, indirect, special, incidental or consequential damages arising out of the use of the Electronic platforms and information therein.
8. Disclaimers, limitation of liability and warranties
8.1. The Disclaimers, including any amendments or modifications thereto, made from time to time, as currently available at http://www.mahindramanulife.com/Disclaimer are incorporated by reference in these Terms and Conditions. The User availing the Online Facility agrees to comply with the Disclaimers as available at Electronic platforms.
8.2. While MMIMPL and the Fund have taken reasonable steps to ensure the accuracy, security and confidentiality of data and information made available in electronic mode, MMIMPL or the Fund shall not be held responsible for any consequence of any action carried out by the User or any unauthorized person as a result of breach of these Terms and Conditions and the Privacy Policy as provided on the website of the Fund http://www.mahindramanulife.com/Privacy-Policy.
8.3. MMIMPL does not provide any express or implied warranty in relation to the following:
(a) that the Online Facility and the access to the Electronic platforms will be continuous, defect free, uninterrupted or free from errors or that any identified defect will be corrected instantaneously;
(b) that the information on the Electronic platforms will be updated continuously, or on a real time basis;
(c) that the software, operating system and/or hardware installed by MMIMPL for running the Online Facility are free from any virus or other malicious, destructive or corrupting code, program;
(d) that the services and Online Facility will be of a satisfactory quality or fitness at all times for the User; or
(e) non-infringement of any third party rights.
8.4. The User warrants that the information furnished to MMIMPL including data in the online application form, transaction form and all other documents submitted by him/her are true and correct. The User acknowledges that that the responsibility for the accuracy and veracity of information provided in the online application form solely rests with the User and MMIMPL will not be responsible or liable for any loss, claims, liability that may arise on account of any incorrect and/or erroneous data/information supplied by the User in the online application form.
8.5. MMIMPL, the Fund or Trustees to the Fund shall not be liable for any direct or indirect loss or damage or other consequences, suffered or incurred by the User or any third parties on account of:
(a) disruption or non-availability of the Online Facility and/or one or more facilities/services through the Online Facility in the desired manner for reasons including but not limited to natural calamity, floods, fire and other natural disasters, legal restraints, periodic maintenance of servers, technical fault/error or virus, any failure of the service provider, failure in telecommunication network or any software or hardware systems, loss or corruption of data, mobile device failure or malfunctioning or any other reason beyond the control of MMIMPL;
(b) shortcomings or deficiencies in the software, operating system or hardware installed or used by the User to access the Electronic platforms or avail the Online Facility;
(c) incorrect, incomplete, erroneous, false or misleading information furnished by the User for availing the Online Facility;
(d) any online transaction carried out in good faith by MMIMPL based on Electronic Instructions of the User;
(e) any unauthorized usage/unauthorized online transactions concluded by using the Online Facility;
(f) any error, defect, failure or interruption in the provision of the Online Facility;
(g) any negligence/mistake or misconduct by the User and/or for any breach or non-compliance by the User of the provisions of the Offer Documents or any other instructions provided by MMIMPL;
(h) not carrying out any such Electronic Instructions where the MMIMPL/RTA has reason to believe (which decision of MMIMPL/RTA, the User shall not question or dispute) that the Electronic Instructions given are not genuine or are otherwise improper, vague or raise a doubt;
(i) carrying out a transaction after such reasonable verification as MMIMPL/RTA may deem fit regarding the identity of the User; and
(j) non-compliance with the Terms and Conditions.
8.6. The User agrees that MMIMPL shall not be liable for any loss caused through a fall or decline in value of investments (including, without limitation, on account of delays during the process of verifying the User’s identity in compliance with anti-money laundering regulations / guidelines issued from time to time).
8.7. Where MMIMPL/the Fund determines, discovers or finds, that the KYC requirements are incomplete, any other information furnished by the User is false, incomplete, misleading, incorrect, ambiguous, invalid, incomplete or erroneous, MMIMPL/the Fund reserves the right to, at its sole discretion, reject the application, allotment of Units and refund the amount or in case Units have been allotted, freeze the folio or redeem the Units at applicable NAV without any liability or responsibility for any loss or damages suffered by the User. MMIMPL also reserves the right to call for any additional information from the User in order to fulfil the requirements of PMLA norms prescribed by SEBI/PMLA Regulations from time to time. The User agrees that the decision of MMIMPL in such a situation shall be final and binding on the User.
8.8. The User agrees that he/she shall be liable for the losses/consequences, arising from any unauthorized transactions through the Electronic platforms, breach of conditions herein or by negligent actions such as the following:
(a) keeping a written or electronic record of the password;
(b) disclosing or failing to take all reasonable steps to prevent disclosure of the password to anyone and/or failing to advise MMIMPL of such disclosure within reasonable time;
(c) not advising MMIMPL within a reasonable time about unauthorized access to or erroneous transactions in his account.
8.9. MMIMPL shall under no circumstance be liable for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss or any character or nature whatsoever and whether sustained by the User or for any reason whatsoever.
9. Indemnity
MMIMPL/ RTA shall not take any liability or responsibility arising out of the unauthorised usage of the User ID or password or unauthorised transactions conducted by using the Online Facility. All Online Transactions conducted using the User ID and password shall be the sole responsibility of the User. The User shall indemnify the MMIMPL/Fund/RTA for all liabilities, losses, damages and expenses which they may sustain or incur directly or indirectly as a result of:
(a) the Online Facility / Electronic platforms, as available over internet or any other mode, that would enable the User to give Electronic Instructions to MMIMPL or by reasons of MMIMPL, in good faith, taking or refusing to take any action on the Electronic Instructions received from the User;
(b) fraud or dishonesty relating to any transaction using the User ID and password;
(c) non-compliance with the Terms and Conditions set out herein;
(d) incorrect or erroneous information provided by the User whilst filling up the online application /transaction form;
(e) negligence or mistake or misconduct of the User;
(f) any information given out by the software system being inaccurate/incorrect;
(g) any online transaction that is carried out on the basis of Electronic Instructions given by unauthorised persons by gaining access to the User ID and password; and
(h) any loss or damage incurred or suffered by the User due to any error, defect, failure or interruption in the provision of the Online Facility arising from or caused by any reason whatsoever including but not limited to computer systems of the User, any virus or malware or bugs in the computer systems of the User;
10. Termination
10.1. Termination by MMIMPL
(a) MMIMPL may disallow usage of the Online Facility, without liability, without prior notice on occurrence of any of the following events (i) non-compliance of the Terms and Conditions stated herein; (ii) death, insolvency, bankruptcy or liquidation of the User; (iii) any other cause arising out of the operation of law; or (iv) or such other reason as MMIMPL deems fit and proper.
(b) MMIMPL may, at its sole discretion, at any time suspend the User’s right to deal with MMIMPL through the Online Facility for such reason and for such time period as it may deem fit.
(c) MMIMPL has the right to terminate this agreement with the User at any point of time by giving notice in writing or by communicating the same over email, to the User.
In the event of termination for any reason whatsoever, MMIMPL/ the Fund shall be entitled to recover all outstanding charges and dues from the User, if any.
10.2. Termination by User/Unitholder
The User/Unitholder may terminate the Online Facility by making an application to the AMC in writing and signed by him, if the User wishes to terminate the Online Facility. The AMC shall disable the User ID and the Online Facility granted to such User/Unitholder at any time within a period of 10 business days from the date of receipt of the termination notice/request. It shall be the User/Unitholder's sole responsibility to ensure that such Termination Notice is delivered to the AMC, and the AMC shall in no circumstances be liable for any non-receipt or delay in receipt of such termination notice/request.
11. Proprietary rights
The User acknowledges that the software and the underlying Online Facility as well as other internet related software(s) which are required for accessing the Online Facility are the legal property of MMIMPL and the respective vendors. The permission given by MMIMPL to access the Electronic platforms or the Online Facility does not convey any proprietary or ownership rights in the above software. The User agrees that he/she shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software relating to the underlying Online Facility or create any derivative product based on the software. The User further agrees not to use the name, logo or mark of the Fund or MMIMPL (or any logo or mark similar thereto), and any related patent, trademarks and service marks applications, design rights, copyrights, and all or any similar or equivalent rights arising or subsisting in any country in the world.
12. Non-transferability
The grant of the Online Facility to the User is not transferrable or assignable under any circumstances and the User warrants that the Online Facility shall be only availed by him/her. The User agrees to not assign or delegate any right, interest, obligation arising out of or in relation to the use of Online Facility.
13. Governing law and dispute resolution
13.1. In case of a dispute arising out of these Terms and Conditions, the matter shall be settled by arbitration at Mumbai, India as per the provisions under the Arbitration and Conciliation Act, 1996. A person nominated by MMIMPL shall be the sole arbitrator and the language of arbitration shall be English. The User agrees that the decision / award of the sole arbitrator shall be final and binding.
13.2. These terms and conditions are governed by the Laws of India. MMIMPL accepts no liability whatsoever, direct or indirect for non-compliance with laws of any foreign country other than the Laws of India.
14. Miscellaneous
The Clause headings in these Terms and Conditions are only for the sake of convenience and do not effect the meaning of the relative Clause.
15. Notice
15.1. Any notice, communication or documents required to be given by either party to the other under the terms of the Terms and Conditions, may be given by personal delivery, registered post, telex or by fax, or by other electronic medium as agreed by both parties from time to time, at the following addresses:
a) If to the AMC: Mahindra Manulife Investment Management Private Limited, Customer Services, 1st Floor, Sadhana House, 570, P.B. Marg, Worli, Mumbai – 400018, India Attention: Investor Relations Officer
b) If to the Unitholder: At the address of the Unitholder as recorded with the AMC / Fund.
15.2. The notice, communication or document shall be deemed to be effective if given by personal delivery when so delivered, if given by post on expiration of seven days after the notice, communication or document is delivered to the post office for onward despatch, if given by fax or telex upon transmission thereof. Provided that any notice, communication or document given by telex or fax, shall be followed by a confirmation in writing.
16. Compliance with applicable Laws
Words and expressions not defined herein but defined in the Offer Documents of the relevant schemes shall have the same meanings respectively assigned to them in such Offer Documents. These Terms and Conditions are subject to applicable Law including but not limited to Securities and Exchange Board of India (Mutual Funds), Regulations, 1996 and circulars, guidelines / notification issued there under as amended from time to time and other laws, rules and regulations issued by the Government of India. Further, the Terms and Conditions specified herewith cannot supersede the applicable laws including but not limited to Securities and Exchange Board of India (Mutual Funds), Regulations, 1996 and circulars, guidelines / notification issued there under as amended from time to time and/or other rules and regulations or guidelines issued by the Association of Mutual Funds in India and/ or any other regulatory authority.
Mutual Fund Investments are subject to market risks, read all scheme related documents carefully.