Terms of Service
By accessing and registering for the services offered by Harvest Fintech Private Limited ("HFPL"), you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to any of these terms, you are prohibited from using or accessing this site.
The materials contained in this website, including all information, entire contents, "look and feel" and design are the intellectual property and copyright of HFPL and are protected by applicable copyright and trademark law. You may not copy or distribute any part of the website without HFPL’ explicit consent.
You agree and confirm that:
- You are > 18 years of age. Where you are acting as a Guardian for a minor, you have the necessary authority to transact on behalf of the minor.
- You have read, understood and agree to the terms of the Investor Services Agreement as mentioned herein below. This agreement in detail along with fee structure would be sent to you along with the Investor Application Form. You are required to sign and return the Investor Services Agreement to us.
- This document is a legal contract between you and HFPL. By accepting these terms electronically (for example, clicking "I Agree"), installing, accessing or using the website you agree to these Terms of Service.
Investors Services Agreement
I have applied for an Investment Account after understanding the nature and scope of services provided by Harvest Fintech Private Limited ("HFPL"), a Securities and Exchange Board of India ("SEBI") registered Investment Adviser (INA000004773). I have read the Terms of Service and I agree and confirm that:
I have read and understood the terms and conditions of Investment Advisory services provided by the Investment Adviser along with the fee structure and mechanism for charging and payment of fee. Based on our written request to the Investment Adviser, an opportunity was provided by the Investment Adviser to ask questions and interact with ‘person(s) associated with the investment advice’”.
- I will ensure that payments for any transactions are made through my/own bank account number; no third party account is used for payments and that any investments made are from legitimate sources.
- I will keep my login credentials secure and secret. I will promptly change my login credentials and inform HFPL in case of any actual or suspected unauthorized use of my login credentials.
- I will read all Offer Documents including the Scheme Information Document, Key Information Memorandum and Addenda for all the mutual fund schemes that I invest in.
- I will seek independent tax, accounting, legal and financial planning advice before making any investment transactions.
I acknowledge and agree that:
- My Investment Account will be activated after HFPL verifies my personal information in accordance with SEBI’s Know Your Client ("KYC") guidelines. I will not disclose any false/misleading information or suppress any material facts relating to my account. I shall be responsible for informing HFPL in case of any change in my KYC information.
- The Investment Adviser’s Department of HFPL is the provider of investment advice and recommendations. All Execution and Reporting Services are provided by the Execution Department.
- HFPL will consider any instructions authenticated by my login credentials to have originated from me.
- As far as possible, my instructions will be processed the same business day if received before the cut-off time(s) specified by HFPL. Authorised and complete transactions shall be processed at the applicable Net Asset Value ("NAV") as may be accepted by the respective AMCs. In case of all mutual fund purchases equal to or above Rs 200,000 (other than liquid schemes), the NAV applicable will be the closing NAV of the day on which the funds are available for utilization. However, for purchases below Rs 200,000 made before the cut-off time, the same-day NAV will be applicable. AMCs are not obliged to accept my application for subscription to units of their mutual fund schemes in part or in full.
- For NACH/ECS/Direct Debit purchases, transaction instructions will be sent to the AMC upon successful confirmation of money transfer to the AMC's account, which may result in a lag between the date of debit to my bank and the date HFPL submits my request to the AMC.
- In the case of joint accounts, mutual fund folios maintained by the AMCs will be held in "any or survivor" mode.
- I have the right to transact directly with the AMCs in respect of investments made through HFPL. The signature available in my KYC records will be used for verification of any instructions submitted offline (with wet signatures), and further authentication checks and validation may be performed by the AMC if necessary.
- I consent to HFPL fetching & verifying my records from the KRA System, as required as per SEBI Guidelines, and also consent to HFPL verifying my bank account details.
- I consent to HFPL, the AMCs and/or Registrar and Transfer Agents (RTAs) for sharing/exchanging between themselves information related to my KYC and all other details procured from KRA as well as transactions data feed/portfolio holdings/NAV etc. in respect of my investments under Direct Plans of all Schemes ("reverse feeds").
- HFPL may share information in/related to my account with third parties (such as authorized agents, vendors and partners) for purposes including but not limited to servicing, transaction processing and/or data analysis or marketing. All such information shall be subject to and protected by confidentiality agreements between HFPL and these third parties.
- HFPL may disclose my account and transaction information as required to comply with legal and regulatory requirements under any law. In case I violate this agreement, or any applicable laws, HFPL may unilaterally suspend or terminate my account and services.
- HFPL may revise the Terms of Service at any time by updating the terms. My continued use of services will imply my acceptance of these changes.
HFPL is not responsible or liable for:
- Any act that is not an obligation of HFPL in this Investor Services Agreement and the Terms of Service.
Any loss, notional or otherwise, and variances in values incurred on account of:
- delays and processing time at the Bank, Registrar & Transfer Agency or AMC;
- rejection of my instructions by the Bank, Registrar and Transfer Agency or AMC;
- processing of instructions authenticated by my login credentials;
- non-availability or non-accessibility of the website, telephone(s), or office(s) of HFPL in case of circumstances beyond HFPL' control.
If you are a Non-Resident Indian
In addition to the above, you agree and confirm that:
- Any offering, advice, recommendation or transaction at HFPL does not constitute an offer to sell or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
- You are Non-Resident(s) of Indian nationality/origin and that funds for purchases are remitted from abroad through approved banking channels or from funds in your NRE/NRO/FCNR account in India.
- You are not resident/incorporated under the laws of the United States of America (USA), Canada or any Financial Action Task Force (FATF) declared non-compliant country or territory.
- As a user of the website from any country other than India, you understand that use of HFPL may be a potential violation of laws in such countries. You are solely responsible for compliance with foreign and local laws in your country of residence or citizenship.
- You agree that you are solely responsible for any liability incurred in this regard and will indemnify HFPL for any liability HFPL may incur in any foreign jurisdiction as a consequence of the citizens/residents of countries other than India using the service.
HFPL' hereby Declare that:
- HFPL shall neither render any investment advice nor charge any fee until the you have signed this agreement
- HFPL shall not manage funds and securities on your behalf and that it shall only receive such sums of monies from you as are necessary to discharge the your’s liability towards fees owed to the HFPL
- HFPL do not, in the course of performing its services to the client, hold out any investment advice implying any assured returns or minimum returns or target return or percentage accuracy or service provision till achievement of target returns or any other nomenclature that gives the impression to the you/client that the investment advice is risk-free and/or not susceptible to market risks and or that it can generate returns with any level of assurance
HFPL hereby represents that -
- it shall take all consents and permissions from you prior to undertaking any actions in relation to the securities or investment product advised by HFPL.
- it shall not seek any power of attorney or authorizations from you for implementation of investment advice.
HFPL’s Functions, obligations, duties and responsibilities (including principal officer and all persons associated with the investment advice) include -
- Compliance with the eligibility criteria as specified under the Investment Adviser Regulations at all times. Risk assessment procedure of client including their risk capacity and risk aversion.
- Providing reports to clients on potential and current investments.
- Maintenance of records i.e. client-wise KYC, risk assessment, analysis reports of investment advice and suitability, terms and conditions document, related books of accounts and a register containing list of clients along with dated investment advice and its rationale in compliance with the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013.
- Provisions regarding audit as per the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013.
- Undertaking to abide by the Code of Conduct as specified in the Third Schedule of the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013.
The materials on HFPL's website are provided "as is". HFPL makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, HFPL does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
In no event shall HFPL or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on HFPL's Internet site, even if HFPL or a HFPL authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
HFPL shall not incur any liability by reason of any loss, which a client may suffer by reason of any depletion in the value of the assets under advice, which may result by reason of fluctuation in asset value, or by reason of non-performance or under-performance of the securities/funds or any other market conditions
This Agreement may be terminated under the following circumstances, namely-
- Voluntary / mandatory termination by the Investment Adviser.
- Voluntary / mandatory termination by you.
- Suspension/Cancellation of registration of Investment Adviser by SEBI.
- Any other action taken by other regulatory body/ Government authority.
In case of a voluntary termination of the agreement, you would be required to give a 30 days prior written notice while the HFPL would be required to give a 30 days prior written notice. In case of suspension of the certificate of registration of the IA, you may be provided with the option to terminate the agreement.
HFPL shall not be liable for delays or errors occurring by reason of circumstances beyond its control, including but not limited to acts of civil or military authority, national emergencies, work stoppages, fire, flood, catastrophe, acts of God, insurrection, war, riot, or failure of communication or power supply. In the event of equipment breakdowns beyond its control, HFPL shall take reasonable steps to minimize service interruptions but shall have no liability with respect thereto.
The use of our services does not give you ownership of any of HFPL' intellectual property rights, including our branding or logos. You may not use content from our services until you obtain our prior permission and attribute ownership.
HFPL may send you announcements, messages or information on our services as well as general content on investing and personal finance. You may opt out of some of these messages. As a user, you consent to receiving such promotional, transactional and commercial communications from HFPL through physical documents, email, SMS or other digital means
HFPL has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by HFPL of the site. Use of any such linked website is at the user's own risk.
Revisions and Errata
The materials appearing on HFPL's website could include technical, typographical, or photographic errors. HFPL does not warrant that any of the materials on its website are accurate, complete, or current. HFPL may make changes to the materials contained on its website at any time without notice. HFPL does not, however, make any commitment to update the materials.
This Investor Services Agreement and the Terms of Service will be governed by the laws of India. All disputes are subject, first, to mediation, and then to Arbitration in Mumbai by a sole arbitrator appointed by HFPL.
© 2017 Morningstar. All Rights Reserved. The information, data, analyses and opinions ("Information") contained herein: (1) include the proprietary information of Morningstar and its content providers; (2) may not be copied or redistributed except as specifically authorised; (3) do not constitute investment advice; (4) are provided solely for informational purposes; (5) are not warranted to be complete, accurate or timely; and (6) may be drawn from fund data published on various dates. Morningstar is not responsible for any trading decisions, damages or other losses related to the Information or its use. Please verify all of the Information before using it and don’t make any investment decision except upon the advice of a professional financial adviser. Past performance is no guarantee of future results. The value and income derived from investments may go down as well as up.
Mutual Fund investments are subject to market risks, read all scheme-related documents carefully.