TERMS & CONDITIONS
The mobile application ‘Nirmal Capital’ (hereinafter referred to as “Application”) is owned and operated by S&P Asset Private Limited’ a company incorporated under the Companies Act, 2013 with its registered office at 2nd Floor, AWFIS, Nucleus Mall, 1 Church Road, Camp, Pune, Maharastra-411001.
Nirmal Capital Private Limited (“Nirmal Capital”) is in the business of distribution of financial products through its mobile technology platform. Nirmal Capital requests you to carefully go through these terms & conditions (“Terms & Conditions”) to avail the access to the distribution network of Nirmal Capital through its mobile technology platform. If you continue to browse and use this Application, you irrevocably and unconditionally are agreeing to comply with, abide by and be bound by all the obligations as stipulated in the following terms and conditions of use, which together with our privacy policy and any other applicable policies which are incorporated herein by way of reference or available by hyperlink, shall govern Nirmal Capital’ relationship with you in relation to this application. These Terms & Conditions supersede all previous oral and written terms and conditions (if any) communicated to you and shall act as an Agreement between Nirmal CapitaLand Users.
THE USE OF THIS APPLICATION IS SUBJECT TO THE FOLLOWING Terms & Conditions:
Definitions
“User”, “You/you”, “Your/your” means any person or user or Registered user or viewer or Registered Customer who views, browses, accesses or uses our Nirmal Capital;
“Use” or “Using” means to browse, access, view, copy, availing Services or other benefit from using the Application;
“Nirmal Capital” or “us” or “we” or “our” shall mean and refer to S&P Asset Private Limited and its affiliates, officers, employees, agents, partners, and licensors.
“AMC” shall mean and include Asset Management Company listed on BSE.
“BSE” shall mean Bombay Stock Exchange.
“Services” means all the services as provided in Terms & Conditions from time to time.
“Force Majeure Event” means any event due to any cause beyond the reasonable control of Nirmal Capital, 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.
“Application” or “Mobile Application” means Nirmal Capital, the mobile Application accessed through or downloaded from the Play store or App store i.e., Android or IOS.
“RTA” shall mean Registrar and Transfer Agent.
“Registered User” or “Registered Customer” shall mean and include the users or customers who have Investment Account with Nirmal Capital to avail the Services or any part thereof, as provided on the Application.
“SIP” shall mean Systematic Investment Plans
“STP” shall mean Systematic Transfer Plans
“NAV” shall mean Net Asset Value
“Account” shall mean the account opened with Nirmal Capital by the Registered Users, for use of the Application or for making investments through the Application.
Application use:
User acknowledges that in accessing and using the Services offered by Nirmal Capital, user may utilize the content and Services offered on the Nirmal Capital application. User agrees to follow the terms and conditions for the use of the Application as may be specified by Nirmal Capital from time to time. Notwithstanding such acceptance of the Nirmal Capital usage terms, User acknowledges and agrees to the following, that: Login Credentials should be kept safe and secure to prevent unauthorized access to your Nirmal Capital account. If you think that the security of your Nirmal Capital account has been compromised, change your password and contact us immediately for further assistance, on the following e-mail: support @Nirmal Capital.in
– Nirmal Capital (S&P Asset Private Limited) is an AMFI registered distributor of mutual funds (ARN – 255993) and enables Users to purchase units of various mutual funds, details of which shall be made available on the Application, from time to time.
– The investment account of the user will be activated after Nirmal Capital completes the verification process on the personal information provided at the time of enrolment and in accordance with the Know Your Client (“KYC”) guidelines issued by the Securities and Exchange Board of India (“SEBI”).
– User shall not to copy, reproduce, sell, redistribute, publish, enter a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Application, except that which user may download for personal, non‐commercial use.
– User will not use Nirmal Capital’ applications for any purpose that is unlawful, or prohibited by these Terms. User also agrees that user will not use the Applications in any manner that could damage, disable, or impair the Application or interfere with any other person’s use of Nirmal Capital’ applications.
– The software and hardware underlying the Applications as well as other internet related software which are required for accessing the Applications are the legal property of the respective vendors. The permission given by Nirmal Capital to access the application will not convey any proprietary or ownership rights in the above software/ hardware. User agree that user shall not attempt to modify, translate, disassemble, decompile, or reverse engineer the software/hardware underlying the Application or create any derivative product based on the software / hardware.
– Nirmal Capital is not responsible for the availability of content or other services on third party sites linked from the Nirmal Capital applications. User agrees and is aware that access of hyperlinks to other internet sites are at users own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Nirmal Capital in anyway. Nirmal Capital does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title, or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites.
– Nirmal Capital has the absolute discretion to amend or supplement any of the Nirmal Capital Application Terms at any time without prior notice for such changes. Any such amendment shall be effective immediately. It shall be Users responsibility to review these Terms and Conditions periodically for any updates/changes. User agrees that the information and assistance provided on the Nirmal Capital Application are true to the knowledge of Nirmal CapitaLand should not be construed as investment advice, and that Nirmal Capital shall have no liability for any discrepancy in any such information or assistance.
– Mere use of the Application, shall be construed as your intent to contract with us and shall constitute your binding obligations, with us.
– User understand that it is users’ responsibility to check the Nirmal Capital Application’s Terms carefully before accessing or using or transacting on our Application.
– If User complies with these Terms and Conditions, we grant user a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application. User acknowledges and understands that use of the Application shall be at your own risk and has the discretion of not using the Application.
– Nirmal Capital shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the Application to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities if performance is prevented, hindered, or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure event continues.
– All information submitted by user to Nirmal Capital(except for the personal information which shall be by virtue of its nature, be deemed to be proprietary information of the User) whether through the Nirmal Capital Applications or otherwise shall be deemed to be the property of Nirmal Capital, and Nirmal Capital shall be free to use any ideas, concepts, know-how or techniques provided by such users at the Nirmal Capital application, in any manner whatsoever.
– Not all the products and services offered on Application are available in all geographic areas and user may not be eligible for all the products or services offered by Nirmal Capital on the Application. Nirmal Capital reserves the right to determine the availability and eligibility for any product or service.
AVAILING OF SERVICES
Service(s) shall be availed in accordance with the Terms and Conditions mentioned herein. User agree that Nirmal CapitaLand / or the mutual fund may at its sole discretion vary the terms and conditions or withdraw any of the facilities provided herein from time to time. Further information is elaborated under “Termination of Service”
User hereby irrevocably and unconditionally grants no objection to Nirmal CapitaLand the respective mutual funds / RTAs to collate the transaction details relating to the investments in mutual fund units done by user on the online technology platform of Nirmal CapitaLand provide such transaction data to Nirmal Capital for further processing of user transactions.
REGISTRATION OF THE USER
Access to Nirmal Capital’ Services will be granted by Nirmal Capital only to Registered Customers of Nirmal Capital, post the enrolment for the Services. User agrees and acknowledges that the Services provided herein are presently available in respect of select Mutual Funds only with whom Nirmal Capitals’s entered into a separate arrangement. User shall provide the required details and the documents for the purpose of the registration and enrolment. For the purpose of registering on the Application:
A valid phone number must be provided and a password must be created.
For the purpose of enrolment and using the Services of Nirmal Capital, the User has to provide the following details:
Pan Card details and a copy of the PAN card
Bank Account Details and a cancelled cheque leaf
Address proof
Photograph
Signature
The above provided information/details shall be uploaded by the User in soft copy form on the Application at the time of enrolment. Once the information is received by Nirmal Capital, the executive of Nirmal Capital shall co-ordinate with the User, for obtaining an attestation from the Registered Users, if required. Upon completion of the attestation requirements, the documents shall be provided to the concerned regulatory authority/mutual fund company for the purpose of opening an account with Nirmal Capital for the transaction to be made by the Users.
During the registration process, the customer will be prompted to sign on the mobile screen. Nirmal Capital will captures the signature of the customer and will utilize only for the purpose of completing the registration formalities – namely, KYC form and BSE Account Opening Form. The signature does not allow Nirmal Capital to undertake any transactions other than specified here.
Kindly Note: In the event, if any discrepancy is found, in any of the information provided by the user, for example, information in any of the documents provided does not match with the adjoining documents, such mismatch shall lead to the rejection of the Documents. The privacy of the documents provided or any such personally identifiable information provided to Nirmal Capital, shall be maintained in accordance to the privacy policy of the Application.
User agree that any and / or all information that may be provided by you to Nirmal Capital from time to time, including but not limited to contact information, address and tax related information or any other information required under existing or future KYC or other norms and laws, may be shared by Nirmal Capital with the regulatory authorities/mutual funds/BSE/AMCs or their respective authorized service providers, auditors, legal and tax consultants in compliance with the extant legal provisions from time to time.
There may be an exit load applicable to certain mutual fund schemes which is mentioned in the respective offer documents including Scheme Information Document (SID) /Key Information Memorandum (KIM) and addendums issued thereto from time to time (collectively referred to as “scheme related documents”). User shall read all the scheme related documents before making any transaction on Nirmal Capital.
Investments from persons from the country other than India may not be permitted in certain mutual funds. Nirmal Capital/ BSE/their respective trustee companies shall not be liable for rejection of an application by mutual funds, where the investor is a person from a country other than India or such other prohibited investor as may be specified in the respective scheme related documents from time to time.
Purchase requests made through Nirmal Capital’ online technology platform shall be processed by the respective mutual funds only after funds sufficient to cover the purchase price and other costs and charges have been received by the respective mutual funds. Payments towards the purchase price and other costs and charges shall be made by the Registered Customers through NEFT or the payment gateway or other electronic means made available by Nirmal Capital on the online technology platform. If for any reason the mutual fund is unable to allow a transaction for purchase or redemption of the full quantity of units such as transacted by a Registered Customer through the online technology platform of Nirmal Capital, the respective mutual fund shall be entitled to process a lesser quantity of units being purchased or redeemed (as the case may be) by such Registered Customer. In such a case, Nirmal Capital shall be not responsible for the non-execution of transactions for the entire quantity or the remaining quantity of units.
Transaction rights for SIPs and STPs will be pursuant to the Registered Customer executing the instructions, in the manner and form as prescribed by Nirmal CapitaLand / or mutual funds on the online technology platform from time to time. The instructions will be applicable to all SIP, STP transactions whether presently existing or to be opened in future. User agrees that, upon granting such instructions for SIP, STP transactions, user will be bound by the terms of the relevant SIP and STP scheme of the mutual fund to which user subscribes.
User agrees and acknowledges that any transaction done or purported to be done by user on a business day would be processed on the next business day. The user will be allotted Mutual Fund units by the respective AMC based on the NAV applicable of that business day. This will be applicable to switch and redemption transactions also.
While Nirmal Capital shall make every effort to ensure adherence to the above timelines, Nirmal Capital shall in no way be responsible or held liable for any delay thereof, including for loss of interest and / or opportunity loss and / or any loss arising due to movement in NAV or any other losses, liabilities, damages, costs, charges, expenses which the investor(s) may sustain, incur or suffer or be put to or become liable or incur directly or indirectly by reason or as a consequence of any delay thereof.
User acknowledge that the units of the scheme shall be allotted, redeemed, or switched, as the case may be, by the respective mutual funds at the applicable NAV of the concerned mutual fund scheme as provided by mutual funds and consistent with the terms of the Scheme. However, Nirmal Capital shall not be liable for any loss that may arise to user as a result of incorrect NAV applied on units allotted to user by the mutual fund.
User acknowledges that any transactions done on a holiday would be processed on the next business day and the NAV would be applicable as per the respective scheme related documents.
User acknowledges that transactions once placed cannot be cancelled. However, user can withdraw money by redeeming the mutual fund units. Upon such withdrawal, the settlement amount towards the mutual fund or the units of Mutual fund shall be credited to the registered account of the user within 3-4 bank working days.
User acknowledges that any directions pertaining to all transactions including withdrawal, STP and switch transactions provided by the User from its Registered User account shall be deemed to be considered as the bona-fide order placed by the User.
User have read and understood the contents of the Scheme related Document and the details of the scheme and they have not received or been induced by any rebate or gifts, directly or indirectly, in making investment. User hereby declare that the amount invested/to be invested by their investment in the scheme(s) of Mutual Fund (s) is derived through legitimate sources and is not held or designed for the purpose of contravention of any act, rules, regulations or any statute or legislation or any other applicable laws or any notifications, directions issued by any governmental or statutory authority from time to time.
The AMFI Registration Number (“ARN”) holder has disclosed to user all the commissions (in the form of trail commission or any other mode), payable to ARN holder for the different competing Schemes of various Mutual Funds from amongst which the Scheme is being recommended to users.
LINK TO THIRD PARTY
Nirmal Capital may provide you links to third party services (“Third Party Services”). You agree to use the Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. User understand that certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Third-Party Services, you acknowledge and agree that Nirmal Capital is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. NIRMAL CAPITALDOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
NO OBEJECTION FROM THE USER(S)
User acknowledge and grants no objection to Nirmal Capital to do or place transaction requests for the User on the online technology platform of Nirmal CapitaLand at users own risk and cost, all or any of the following acts, deeds matters and things:
To forward user transaction data and requests to the respective mutual funds/BSE with respect to the instructions and orders of sale, purchase, transfer, splitting and consolidation of mutual funds units.
To transmit to the mutual fund and/or the BSE, information relating to user nomination/changes in investment plan/ any other changes made through the online platform.
To obtain and forward to the BSE/AMC, its Authorized Registrar user’s information as available in the KYC records, including user signature(s). User agrees that such records may be used by the BSE/AMC/Authorised Registrar for authorizing the transactions that may be submitted by user in physical/offline mode.
To contact user regarding matters pertaining to the operation of user account including, but not limited to, servicing of user’s requests, communication of special offers, new product launches and product recommendations. This consent will override any registration for Do Not Call (“DNC”) / National Do Not Call (“NDNC”).
Holding pattern and Customer details
User acknowledge and agree that the Nirmal Capital holding pattern of the Registered Customer, as reflected in the Nirmal Capital system, is deemed to be the Nirmal Capital account holding pattern of the account holder/investor(s).
User also agrees there will be no changes allowed in the holding pattern of the investors associated with the Account once the Account is activated.
User agrees that once an investment is made using the holding pattern, User will not be allowed to change the holding pattern for the subscriptions.
The other requisite data (which is not part of the form) required to be reported to BSE / authorized registrar of the AMC will be extracted from Nirmal Capital account details maintained for the First holder. The mode of holding in all customer joint accounts is treated as “Anyone or Survivor”.
Account Statement
User agree and acknowledges that it shall be the obligation of the AMC and not of Nirmal Capital to regularly send to the Registered Customer such communications as required under the SEBI Regulations.
Fees and Charges
While currently, the Services offered by Nirmal Capital are free of transaction charges, user acknowledges that Nirmal Capital reserves the right to charge fees in the future for the Services or any other services offered by Nirmal Capital. Any such changes will be communicated by Nirmal Capital via email 30 days ahead of implementation, and will be displayed on the Nirmal Capital Application. Under such circumstances, user has the option to transfer its assets out of its Account without incurring any costs payable to Nirmal Capital.
User agree and understand that any such charges/fees that Nirmal Capital may choose to levy will be in addition to those levied by the mutual funds, if any. All fees, charges and reimbursement of expenditure shall be paid or made in full by user without any counter claim, set off or withholding. All liabilities and obligations of the Registered Customer(s) hereunder to Nirmal Capital/mutual fund/AMCs/trustees of the AMC shall be joint and/or several, as the case may be.
LIABILITY OF NIRMAL CAPITAL
Nirmal Capital shall not in absence of gross negligence on the part of Nirmal Capital, be liable to user for any act, omission or delay by the mutual fund or for any claims which user may suffer or incur as a result of or in course or discharge by Nirmal Capital or its employees, officers, directors, nominee or agent of Nirmal Capital’ duties.
Without prejudice to the above, Nirmal Capital shall not be held liable for any loss or damage or failure to comply or delay in complying with its obligations under these Terms and Conditions which is caused directly or indirectly by any event or circumstances beyond Nirmal Capital’ reasonable control. These include system failure, network errors, delay, or loss of data due to the above and in circumstances of acts of God, floods, epidemics, quarantine, riot, civil commotion and/or war. User further agree that Nirmal Capital shall not be held liable for any losses, damages, expenses, costs, liabilities and claims of whatsoever nature caused by fraudulent or unauthorized use or access of user information, and/or signatures. Nirmal Capital will be under no duty to verify compliance with any restrictions on users investment powers.
Nirmal Capital will not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of any defects or imperfections or mechanical or other failure with relation to computer, cable, telex, telephone or postal system.
While Nirmal Capital will makes every effort to have its computer systems available at all times, Nirmal Capital makes no guarantees with respect to the availability of such systems. Nirmal Capital will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, Nirmal Capital will as such not be liable for any loss, damage, cost, charges, or expenses directly or indirectly caused by reasons of lack of such availability.
Nirmal Capital shall not be liable for any loss or damage caused by reason of failures or delay of the mutual fund to deliver any units purchased even though payments have been made for the same, or failure or delay in making payment in respect of any units sold, though they may have been delivered and user shall hold Nirmal Capital harmless and free from any claim in respect thereof. Nirmal Capital shall also not be liable for any delay, failure, or refusal of the mutual fund in registering or transferring units to user names or for any interest, dividend or other loss caused to user arising therefrom.
In instances of third-party claims, Nirmal Capital shall not be liable for any failure/delay, wherein such claims/losses are arising due to a reason entirely attributable to an error or gross negligence of the mutual funds/BSE/AMC.
ONLINE PAYMENT – PAYMENT GATEWAY TERMS
The funds transfer for purchase of units of mutual funds will be done by using an Electronic Payment Gateway facility, ONLY internet banking facility shall be offered for transaction on the Application, through a third-party net banking service provider registered with the Reserve Bank of India. User cannot use or permit the use of the payment gateway or any related services for any illegal or improper purposes.
Users shall utilize the Electronic Payment Gateway at their own risk. These risks would include but not be limited to the following risks and Nirmal Capital disclaims all liability and responsibility for any claims, losses, damages, costs of what is sever nature arising due to such risks:
Misuse of Password: If any third party obtains access to user password of the Investments Services Account, such third party would be able to transact on Nirmal Capital’ online technology platform. User shall ensure that the terms and conditions applicable to the use of the Net Banking password as contained in the Electronic Payment Gateway for Net Banking are always complied with.
Internet Frauds: The Internet per se is susceptible to several frauds, misuse, hacking and other actions, which could affect payment instructions given using Electronic Payment Gateway or the transactions done using Nirmal Capital’ online technology platform. Whilst Nirmal Capital shall aim to provide security to prevent the same, there cannot be any guarantee against such Internet frauds, hacking and other actions. User shall separately evolve/evaluate all risks arising out of the same.
Mistakes and Errors: The filling in of applicable data for transfer would require proper, accurate, and complete details. In the event of user account receiving an incorrect credit by reason of a mistake committed by any third party, the concerned mutual fund/AMC or the bank shall be entitled to reverse the incorrect credit at any time whatsoever without the consent of the User. User shall be liable and responsible to accept any such instructions received from the AMC, without questions for any unfair or unjust gain obtained by Nirmal Capital as a result of the same.
Technology Risks: The technology for enabling the transfer of funds and the other services offered by the Electronic Payment and Nirmal Capital could be affected by virus or other malicious, destructive, or corrupting code, program, or macro. Nirmal Capital’ Application or the bank may require maintenance and during such time it may not be possible to process the user request. This could result in delays in the processing of transactions/payment instructions or failure in the processing of transactions/payment instructions and other such failures and inability. User understand that Nirmal Capital disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by bank/mutual funds/AMCs to process any transaction/payment instructions for whatsoever reason. Nirmal Capital shall not be responsible for any of the aforesaid risks.
Limits: Nirmal Capital may from time to time impose maximum and minimum limits on funds that may be transferred by virtue of the payment transfer service given. User realize and accept and agree that the same is to reduce the risks of the user. User shall be bound by such limits imposed and shall strictly comply with them.
Indemnity: User shall indemnify Nirmal Capital from and against all losses and damages that may be caused because of breach of any of the Electronic Payment Gateway for net banking and the terms and conditions mentioned herein above.
Authentication of the Transaction: User are authorized to make transaction only with and from the bank account(s) registered on the Application. Banks has all the right to cancel, reject and/or unauthorize the transaction made by the user, from any other account, details of which is not registered or provided to Nirmal Capital. Such payment which is rejected by the banks shall be notified or intimated to the user, in the morning of the next business day.
Transaction Verification: The transaction made by the user, whether approved or rejected, using the Nirmal Capital shall be subject to the following level of verifications:
Nirmal Capital: Transaction will be rejected in case the bank account though which the payment is made, is not registered with Nirmal Capital;
BSE: Transaction made from the bank account which is different from the account details provided by Nirmal Capital to BSE.
AMC: Final, rejection could be made by the AMC, upon receiving the transaction details.
Withdrawal of Facility: Nirmal Capital shall be entitled to withdraw this service at any time without assigning any reason whatsoever.
Binding nature of above terms and conditions: By use of this facility, user shall be deemed to have agreed to all the above terms and conditions and such terms and conditions shall bound the User in the same manner as if the user have agreed to the same in writing.
FUNCTION OF NIRMAL CAPITAL
Any information contained in Nirmal Capital brochures or other materials or otherwise communicated by Nirmal Capital shall not be construed as investment advice and that all decisions to purchase or sell units made by user shall be based on personal judgment arrived at after due consideration. Nirmal Capital does not in any manner:
Guarantee payments on any units; or
Guarantee liquidity of any units; or
Make any offer to buy back any units; or
Guarantee the redemption or repayment of any units on maturity; or
Guarantee the payments of interest or dividend; or
Promise, indicate, or guarantee any returns; or
Guarantee any good delivery.
Subscribe to units of mutual funds on behalf or in name of user or collects payments from user for the units so purchased by user for remitting it further to the AMCs; or
Receive any account statement from mutual funds/AMCs, on behalf of or in the user’s name pertaining to the units; or
Redeem /sell the units held by user or on its behalf or in its name; or unilaterally instruct the mutual fund and/or the corresponding AMCs with regards to nomination/changes in investments plan/any other changes; or
Sign any document on behalf of or in the name of user for purchase, sale, or redemption of units; or
Collect, receive and / or give receipts and discharges for any sum including dividend, interest or income arising from the units and does not sign and/or endorse dividend and interest warrants on my/our behalf or in my/our name; or
Correspond with or gives notice to the mutual fund/AMCs on behalf of or in the name of user, except for transmission of transactions done or purported to be done by user on the online technology platform.
Nirmal Capital does not make any promises to the user basis the graphical representation provided on the Application. The data collected from the user to calculate the prospective investments amount and is in relation to the past investment history of the user and shall not be construed as an authoritative advice to the user. Nirmal Capital does not offer any advice and nothing herein or on the Nirmal Capital Application shall be construed as investment advice by user.
Any sum invested through Nirmal Capital Investment Account is not a deposit with Nirmal Capital Land is not bank insured. The same is not endorsed or guaranteed and does not constitute obligations of Nirmal Capital or any of the subsidiaries associates or affiliates companies whose role in only as described in these Terms and Conditions. Investments in mutual fund are subject to investment risk, including the possible loss of principal amount invested. The value of the units purchased or not purchased will fluctuate. If user redeems the units/shares purchased, user may receive more or less than user has/had paid depending upon NAV of the units in the fund or trust at the time of redemption. Past results are not a guarantee to future performance. Past performance may or may not be sustained in the future.
NOTICES/CORRESPONDENCE
Any notice or other correspondence addressed by Nirmal Capital to user may be addressed to the address provided by the users at the time of enrolment. If according to user there is any discrepancy in the particular or details of transaction or account of statement then, it shall be the responsibility of the user to intimate the same to Nirmal Capita land to the concerned mutual fund/AMC/authorised registrar of the AMC in writing within 7 (seven) working days of receiving notice thereof, falling which such transaction, statement or account (as the case may be) shall be deemed to be correct and accepted by user and users shall not be entitled to question the correctness or accuracy thereof.
USER INFORMATION
User shall provide all information that may be required by Nirmal Capital/AMC/authorised service providers of the AMC from time to time in compliance with existing legal norms and regulations, including but not limited to contact information, address and tax related information and any information required under existing or future KYC norms and laws. User agrees that Nirmal Capital/AMC/authorized service providers of the AMC may take steps to verify the veracity of such information provided and shall co-operate with Nirmal Capital/AMC/authorized service providers of AMC in providing all information requested by Nirmal Capital. User acknowledges that failure to provide such information in a timely manner may result in ineligibility to avail of some or all of the services of Nirmal Capita land that Nirmal Capital shall in no way be held liable for any losses of whatsoever nature resulting from such failure to provide information on part of the user. Any information provided by the User may be required to be shared with relevant regulatory/statutory authorities and User authorises Nirmal Capital to provide all information to such regulatory / statutory authorities as and when required.
The information shall be provided by the User and shall be governed in accordance with details provided in the privacy policy.
TERMINATION OF SERVICES
Nirmal Capital may terminate the Services by giving 90 days prior notice in writing to the Registered Customer provided that the Registered Customer shall not be relived of obligations hereunder notwithstanding such termination incurred prior to the date on which such termination shall become effective.
REGULATORY CAUTION
Mutual Fund investments are subject to market risks, read all scheme-related documents carefully.
GOVERNING LAW AND DISPUTE RESOLUTION
All disputes and differences arising out of, under or in connection with these terms and conditions or anything done hereunder shall be within the exclusive jurisdiction only to the courts of Pune. These terms and conditions are subject to and shall be construed in accordance with the laws prevalent in India.
In the event of dispute between the User and Nirmal Capital on accuracy of transaction details provided by the User on the Nirmal Capital Application, the transaction logs maintained by Nirmal Capital back office will be the only source of data to verify the accuracy of such transactions.
BROKERAGE
For all investments made using Nirmal Capital, we charge the brokerages to the Asset Management Companies. The recommendations are not made on the basis of brokerage, and performance / fund details of all the mutual funds from competing AMCs are also provided to the user for reference.