Terms & Conditions
These Terms and Conditions ("Terms") govern your access or use of the Platform (defined below) or the Services (defined below) provided by Aditya Birla Sun Life AMC Limited ("ABSLAMC", "we", "us" or "our"), a company established under the laws of India, having its registered office at One World Center, Tower 1, 17th Floor, Jupiter Mills, Senapati Bapat Marg, Elphinstone Road, Mumbai City, Mumbai, Maharashtra, India, 400013. Please read these Terms carefully before accessing or using the Platform or our Services (defined below). These Terms also include the Additional Terms and Conditions (defined below). For more information on how we collect, use, share, retain and transfer your personal data, please refer to our Privacy Policy available [●] . For the purposes of these Terms, a user of the Platform or the Services is referred to as a "user", "you" or "your".
You understand that your access and use of ABSLAMC's Platform or the Services offered by ABSLAMC constitutes your acceptance to be bound by these Terms and Privacy Policy. Further, you understand that if you do not want to be bound by these terms and conditions, you shall have the responsibility of duly informing ABSLAMC of your intention to withdraw your consent and in such an event, ABSLAMC shall be duly authorized to carry out necessary actions pursuant to your consent withdrawal.
You understand that this is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, supplemented or modified from time to time). This electronic record is generated by a computer system and does not require any physical or digital signature.
1. Definitions
1.1 Account has the meaning ascribed to the term in Clause 4.1.
1.2 Additional Information shall have the same meaning as ascribed to it under Clause 5.3 hereinbelow.
1.3 Additional Terms and Conditions shall mean any guidelines, additional terms, policies, or disclaimers made available or issued by us, any Third Party or Affiliate from time to time in relation to the respective Service.
1.4 Affiliate(s) shall mean group companies, associates, and/or subsidiaries of ABSLAMC and/or Aditya Birla Capital Limited.
1.5 AI Chatbot shall mean an artificial intelligence technology application that generates responses.
1.6 Applicable Law(s) means any statute, law, regulation, ordinance, rule, judgment, notification, order, decree, by-law, permit, licenses, approvals, consents, authorizations, government approvals, directives, guidelines, requirements, or other governmental restrictions, or any similar form of a decision, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority, whether in effect as of the date of your agreeing to or deemed by these Terms or as any time thereafter.
1.7 Authority shall mean any judicial, quasi-judicial, governmental authority, statutory authority, regulatory authority, self-regulatory authority, government department, agency, commission, board, rule or regulation-making entity or authority having or purporting to have jurisdiction over you or us, or other subdivision thereof or other relevant authorities, including courts, tribunals, regulators, procedures, or bodies of such authority, board, or organization, having the force of any Applicable Law, or any court or tribunal having jurisdiction, including but not limited to the Reserve Bank of India, Insurance Regulatory and Development Authority of India, Pension Fund Regulatory and Development Authority, Securities and Exchange Board of India, International Financial Services Centres Authority, National Payments Corporation of India, Association of Portfolio Managers of India and Association of Mutual Funds in India.
1.8 Content has the meaning ascribed to it in Clause 15 of these Terms.
1.9 Feedback has the meaning ascribed to it in Clause 15.4 of these Terms.
1.10 Offer Documents shall mean any and all documents relevant to the Product(s) issued, offered or managed by ABSLAMC from time to time.
1.11 Payment Processor has the meaning ascribed to the term in Clause 11.7.
1.12 Products shall mean to include the regulated products offered by ABSLAMC, including mutual funds, specialized investment funds, alternative investment funds, portfolio management services and real estate products and strategies in India and in Gujarat International Financial Centre (GIFT).
1.13 Platform shall mean an interface provided by ABSLAMC through its Website, WhatsApp or otherwise.
1.14 Services shall have the same meaning as ascribed to it under Clause 3.1 of these Terms.
1.15 Third Party Services shall have the same meaning as ascribed to it under Clause 3.2 hereunder.
1.16 Third Party Services Provider refers to the third-party that provides the Third Party Services.
1.17 Transaction means any instruction, request, application, order, or communication, whether financial or non-financial, initiated by or on behalf of you in relation to the Products and shall include without limitation any subscription, purchase, redemption, transfer, update to Account or mandate details, or any other activity that results in or relates to the creation, modification, or extinguishment of your rights, holdings, or obligations in such investments or Products.
1.18 Updates has the meaning ascribed to the term in Clause 21.6.
1.19 Website shall mean the website owned by, operated by, or licensed to ABSLAMC.
2. Eligibility
2.1 By accepting these Terms, you represent and warrant that (a) you have full legal capacity, right and authority to agree to and be bound by these Terms, (b) you are at least 18 (eighteen) years of age or older and in case you are accepting these Terms for the benefit of a minor, you are the authorized guardian, (c) you have not been previously suspended or removed by ABSLAMC or any of its Affiliates from availing the Services or have been disqualified from availing any Services, (d) you are not barred or otherwise legally prohibited from accessing the securities market or using the Services, (e) you are not and will not impersonate any person, entity or falsely state or otherwise misrepresent such person's or entity's identity, and (g) you are eligible to invest in the Products in terms of the Offer Documents.
2.2 A person who is not competent to contract may not access this Platform and use the Services. If at any time, ABSLAMC is of the opinion that you do not satisfy the eligibility criteria, including but not limited to any misrepresentation, misuse of the Platform, any Service or offers, fraudulent or suspicious activities or Transactions, ABSLAMC retains all rights to disable your access to the Platform and/or suspend or terminate your use of the Services with immediate effect.
2.3 The guardian is presumed to have read these Terms to give consent on behalf of a minor and shall be bound by these Terms. If you represent an entity, organization, or any other legal person, not being a natural person, you confirm and represent that you are duly authorized by the organization, the entity, the legal person, or management of such organization, entity, or a legal person to accept these Terms have the necessary power and authority to bind such entity, organization, or legal person to these Terms.
2.4 You agree and undertake that you will comply with all Applicable Laws.
3. Services
3.1 The Services include provision of the Platform by us, the access to various Products offered by ABSLAMC and other allied services provided to you through the Platform by us, and as may be amended, added, or withdrawn by us from time to time (Service).
3.2 The Platform or the Services may include Services, Content, documents, and information owned by, licensed to, or otherwise made available by a Third Party or our Affiliates (Third Party Services), and may also include links to the Third-Party Services. You understand and acknowledge that Third Party Services are the responsibility of the respective third-party or Affiliate that renders such Third Party Services. You further acknowledge that your use of such Third-Party Services is solely at your own risk.
3.3 We make no representations and disclaim all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Should you avail any Third Party Service, you shall be governed and bound by the Additional Terms and Conditions of the applicable Third Party or the Affiliate providing the Third-Party Service.
3.4 We shall send all communications to our users by text messages, electronic mails, WhatsApp messages, push notifications and/or via other progressive technology in connection with your access to the Platform, utilization of the Services and as part of our promotional and marketing strategy. You hereby explicitly consent to receive all messages, emails and/or WhatsApp messages, including transactional messages from us and any third parties on our behalf. We may use Third Party Services to send alerts or to communicate with you. You authorize us and other entities providing Third Party Services to override the DND settings to reach out to you over calls, SMS, emails, WhatsApp messages and any other mode of communication.
3.5 You further acknowledge that you are responsible for the contact details including email ID and phone numbers shared with us and shall update us in case there is any change to your existing contact details. Any communication sent on behalf of ABSLAMC to the contact details available with ABSLAMC or its authorized service providers shall constitute a valid discharge of the AMC's responsibilities.
3.6 You hereby agree and acknowledge that at any point of time, we or a Third Party Service Provider or our Affiliates providing any of the Services on the Platform, shall have the right to reject any of your applications for availing any of the Services provided on the Platform at our, our Third Party Service Provider or our Affiliate's sole discretion and for any reasons that we or our Third Party Service Provider or our Affiliate deems fit without assigning any reason to you.
3.7 To the extent permissible under Applicable Law, you agree that all documents, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
4. Account Creation
4.1 In order to avail the Services, you will be required to create an Account on the Platform by providing your details, including but not limited to your name, phone number, email address, date of birth, demographic details (such as address, gender, father's name, mother's name, marital status), FATCA/CRS details, tax status, PAN, Proof of Identity, Cancelled signed cheque, Income bracket, Bank account details, nominee details, photograph, and signature (Account). If you choose to create an Account, you agree to provide and maintain true, accurate, and complete information about yourself a prompt basis on the Platform and failure to do so shall constitute a breach of the Terms, which may result in immediate termination or suspension of your Account. In the event there are any changes to the information (including demographic details) you submitted to us, you shall promptly inform us of such changes and submit the updated information to us.
4.2 You are solely responsible for maintaining the confidentiality of the Account details and for any activity that occurs through your Account. You agree to immediately notify ABSLAMC of any actual or suspected unauthorized use of your Account, the Platform, any Service or any other breach of security. ABSLAMC will not be liable for any loss or damage that may arise from your failure to comply with the above-mentioned provisions or your failure to ensure the confidentiality of your Account or password.
4.3 We reserve the right to disable your access to the Account if, in our reasonable opinion, you breach any provision of the Terms or the Applicable Law, or in the event of any actual or suspected unauthorized access to your Account.
5. Verification
5.1 You may be required to undertake certain additional processes with us in order to avail the Services, for us to establish your identity and undertake know your customer processes. In this regard, we may require you to upload or share documents and information (Documents) that may be necessary for us to ascertain your eligibility to avail the Services or offer you the Services, including the Third-Party Services.
5.2 You authorize us, and any Third Party Service Provider we may engage with, to process your Documents and ascertain your eligibility to avail the Services, including the Third Party Services. Any process that we undertake shall be in accordance with our Privacy Policy. You agree that such processing may be subject to Additional Terms and Conditions.
5.3 Further, during the Term, you agree and acknowledge that we reserve the right to undertake any enhanced due diligence measures (this may include seeking any additional information, data, or documentation (collectively, Additional Information) to ensure your eligibility for the Services or your continued use of the Services or the Platform. You agree to fully cooperate and share such Additional Information promptly upon request, and further authorize us to process such Additional Information.
5.4 You agree and warrant to provide true, complete, and up-to-date Documents and Additional Information to us. If we suspect that the Documents or the Additional Information provided by you is unreliable or appears to be fraudulent or deficient, then we reserve the right to not provide you with the Services on the Platform, as the case may be.
5.5 ABSLAMC does not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
5.6 By continuing the usage of the Platform and the Services, you hereby represent that you are not a Politically Exposed Person (PEP) or related to PEP (RPEP) as defined under Applicable Law. In the event you are a PEP or RPEP, or there is a change in your status, you agree and undertake to immediately notify us in writing. You further understand that as a PEP or RPEP, you will be subject to enhanced due diligence measures as may be required by Applicable Law and our internal policies.
5.7 You agree and acknowledge that for undertaking any financial Transaction through the Platform, we may undertake client/customer due diligence measures and seek mandatory information required for Know Your Customer (KYC) purpose which as a customer you are obliged to give, while facilitating your request of Product requirements with the banks/financial institutions/partner institutions, in accordance with applicable laws, including the Prevention of Money Laundering Act, 2002 (PMLA) and rules. We may obtain sufficient information to establish, to our satisfaction or to the banks/financial institutions/partner institutions' satisfaction, the identity of each user, and to ascertain the purpose of the intended nature of the relationship between you and the bank/financial institution/partner institutions. You agree and acknowledge that we can undertake enhanced due diligence measures (including any documentation) to satisfy ourselves / our partner institutions relating to customer due diligence requirements in line with the requirements and obligations under the applicable laws, including the PMLA Act and rules thereunder.
5.8 Further, in line with requirements under the Applicable Law, you hereby confirm that the funds for any purchase you make are debited from your bank account. You acknowledge that in case the bank account whose details are provided by you do not belong to you, any transactional request is liable to be rejected.
6. Transactions
6.1 You understand that the execution of Your Transactions is subject to Offer Documents (available here) and you confirm that you have read all Offer Documents carefully.
6.2 The information provided on this Platform or through the Services is intended solely for general informational purposes. It should not be relied upon as the exclusive basis for making investment decisions, nor should it be interpreted as personalized financial advice tailored to the specific needs of any individual investor. We strongly recommend consulting with a qualified financial advisor before undertaking any Transaction through the Platform or the Services.
6.3 You understand that you cannot cancel a Transaction request once placed on the Platform or through the Services, except to the extent otherwise permitted under Applicable Law or the Offer Documents.
6.4 You understand that there may be an interim time lag in processing, transferring or crediting the money from the Third Party Service Provider to the concerned ABSLAMC account.
6.5 You understand that ABSLAMC reserves the right to reject the applications for a specific Transaction, if required under Applicable Law.
6.6 You are hereby requested to read the relevant Offer Document for the Products or Services intended to be availed by You.
7. Minor Investment
7.1 You hereby confirm that payment for investment is from the bank account of the minor, parent or legal guardian of the minor, or a joint account of the minor with the parent or legal guardian. You acknowledge that in case the bank details provided are not of the minor, parent or legal guardian of the minor, or a joint account of the minor with the parent or legal guardian, the application is liable to be rejected, and the money paid will be refunded without interest. You understand and acknowledge that any Product or Service offered by the Affiliates or Third Party Services Provider of ABSLAMC shall be subject to their own set of specific terms and conditions and ABSLAMC shall not be responsible for any Products or Services offered by such Affiliates or Third Party Services Provider.
8. Inactive Account
8.1 Inactive Account means any Account, or investment holding across investment Products in which no Transaction has been initiated for a continuous period of ten (10) years, but where a balance or holdings continue to remain. For Transactions in Products where the Account has been inactive, You may reach out to ABSLAMC at [●] for further details and necessary action. Further, You understand that ABSLAMC reserves the right to dispose off such Inactive Account in the manner as permitted under Applicable Laws.
9. Online KYC
9.1 You agree and accept that all the relevant information/documents (including filling various details, uploading necessary supporting documents and in-person digital verification of the authorized signatory) to be provided/uploaded by you for completing the KYC procedure shall be true and correct to the best of your knowledge and belief and you undertake and confirm that you shall not conceal/suppress any relevant/material information which is required to be given by you for undertaking the KYC procedure. You agree and acknowledge that such information/documents are required to be provided to a Third Party Service Provider undertaking the KYC procedure and we shall not hold ABSLAMC, its Affiliates or their employees and representatives responsible for any acts or omissions committed by such Third Party Service Provider. In case any of the information provided by you/us found to be false or untrue or misleading or misrepresenting, you are aware that you may be liable for the consequences thereof, including rejection of my/our application. You also undertake to keep yourself informed in writing about any future changes/modifications to the information to be provided by us for the KYC procedure & undertake to provide any other Additional Information as may be required at your end.
11. Disclaimers
11.1 To the maximum extent permissible under Applicable Law, the use of the Services and the Platform is at your sole risk. You hereby accept full responsibility for any consequences that may arise from your use of the Services or the Platform, and expressly agree and acknowledge that ABSLAMC shall have absolutely no liability with respect to the same to the maximum extent permissible under Applicable Laws.
11.2 To the fullest extent permitted under Applicable Law, the Platform, the Services and other Products, information, materials, and Services provided by ABSLAMC are provided on an 'as is' basis. To the fullest extent permitted under Applicable Law, ABSLAMC disclaims all warranties of any kind, express or implied, arising out of the Services or the Platform, including merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice in respect to the same. Without limiting the foregoing, ABSLAMC makes no warranty of any kind that the Services, Platform, or any Products or results of the content, will meet your or any other person's requirements, operate without interruption, error-free or virus-free, or generate or work with any software, systems, or other Services.
11.3 You shall be solely responsible for the activities that may take place through your Account, and you agree to use, access, and enter the Platform and all the Services at your sole risk.
11.4 You understand that we shall in no manner be held liable for any unauthorized use of the Service or the Platform through your Account due to unauthorized access including but not limited to hacking and security breaches.
11.5 To the maximum extent permissible under Applicable Law, you understand and agree that we do not accept any responsibility or liability for any loss or damage that you may suffer or incur from any information, documentation, material, or data provided to us or the Services or the Platform is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
11.6 You hereby accept full responsibility for any consequences that may arise from your use of the Services or the Platform, and expressly agree and acknowledge that ABSLAMC shall have absolutely no liability with respect to the same.
11.7 ABSLAMC may partner with Third Party Payment Processors ('Payment Processor') to enable you to transact and make payments through the payment method selected by you. The processing of payments is subject to the Additional Terms and Conditions of such Payment Processor in addition to these Terms. ABSLAMC shall not be liable for any errors or delays by the Payment Processor. In the event of any unsuccessful payments, the money so debited shall be credited in accordance with the Additional Terms and Conditions of the Payment Processor.
11.8 To the fullest extent permissible by law, ABSLAMC and its Affiliates each disclaim all liability to you for any loss or damage arising out of or due to any events or factors beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, riots, civil unrest, strikes, lockouts, fires, floods, earthquakes, epidemics, governmental actions, power failures, network failures, or any other events beyond reasonable control.
11.9 You also agree and acknowledge that there can be disruption in communication due to factors outside our control, including but not limited to your device being switched off, incorrect email address, network interruptions. You agree not to hold us liable for non-delivery for any such reasons beyond our control.
11.10 To the maximum extent permissible under Applicable Law, you further agree and acknowledge that we are providing no guarantees and warranties in respect of the availability, timeliness, security, or reliability of the Services, and any material, information, links, or Content generated on the Platform or through the Services. The Platform, the Services and any material, information, links, or Content presented on the Platform or through the Services, may be unavailable for online access at various points of time.
11.11 You have chosen to avail the Services offered by ABSLAMC voluntarily at your own risk and for your benefit, and ABSLAMC has not made any promises or representations to you in order to induce you to grant your consent or authorization under these Terms. Accordingly, ABSLAMC shall not be liable for any loss or damage resulting from your availing the Services or the Platform, or otherwise from the use of the Platform or Services.
11.12 The Services provided on this Platform do not constitute an offer to sell or a solicitation of an offer to buy securities in any jurisdiction and are not directed to any person to whom it is unlawful to make such offer or solicitation in such jurisdiction.
11.13 You understand that we may, either directly or through call centers, call or send promotional information/ material or other alerts to the mobile number(s) or email ID(s) provided by you during the course of registration on the Platform, and you shall be deemed to have provided your consent for receipt of such promotional information/ material.
11.14 AI Chatbot:
- You understand that any information generated by the AI Chatbot is based on the inputs provided by the user and the information the AI Chatbot has been programmed with is based on information made available to the AI Chatbot, including publicly available information and information provided by you on the Platform, through the Services or otherwise.
- We make no warranties or representations about how the AI Chatbot operates or that it will function as intended. The AI Chatbot is for informational purposes only, and you should not rely or use the AI Chatbot for advice of any kind. The AI Chatbot may not provide information that is accurate, complete, or up to date. ABSLAMC does not guarantee the accuracy, completeness, or reliability of any information or Content generated by the AI Chatbot.
- The responses by the AI Chatbot may not be unique across users, and the AI Chatbot may generate the same or similar output for other users.
- Your use of the AI Chatbot does not grant you any ownership rights in any underlying technologies, intellectual property, or other data that comprise or support the AI Chatbot.
- You warrant and represent that you own or otherwise control all of the rights to your Content as described in these Terms, including without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content.
- We do not make any warranty or representation of any kind that any response generated by the AI Chatbot does not infringe the rights of any Third Party in any subsequent use (including but not limited to copyright, trademark, rights of privacy and publicity, and defamation).
- ABSLAMC and its Affiliates shall not be liable for any direct, indirect, incidental, consequential, punitive, special, or exemplary damages resulting from your usage of the AI Chatbot.
- The provisions set out under these Terms (including without limitation, terms in relation to Offer Documents) shall continue to apply to any instructions through, or use of, the AI Chatbot.
- ABSLAMC and its Affiliates shall be under no obligation to act on any instruction made by you or any Third Party on your behalf through the AI Chatbot.
- ABSLAMC and its Affiliates have no liability whatsoever for any unavailability of the AI Chatbot or for any loss of data or Transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of data or other information caused by such system outages, or any Third Party acts or any other outages of network connectivity providers or the internet infrastructure and network external to the AI Chatbot.
12. Limitation of Liability
12.1 You understand and agree that in no event shall we, our Affiliates, our officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to You or any Third Party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/or other intangible loss, whether or not foreseeable and regardless of whether we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the Platform or the Services.
12.2 Notwithstanding any provision to the contrary and to the maximum extent permissible under Applicable Law, ABSLAMC's maximum aggregate liability to you under the Terms or otherwise shall be limited to INR 10,000/- (Ten Thousand Indian Rupees only).
13. Indemnity
13.1 You shall indemnify, defend at ABSLAMC's option, and hold ABSLAMC, its Affiliates, and their officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any direct or indirect losses, actions, damages, penalties, costs and expenses, claim, demand, lawsuits, judicial proceeding (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) arising from or relating to:
- acts, commissions or omissions, errors, misrepresentations, misconduct, negligence, fraud, forgery, dishonesty, violation attributable to you, any Third Party who may use your Account, your access to the Platform, or your use of the Services;
- contravention of Applicable Law;
- a breach of any provision of these Terms; or
- any claim from any Authority or any Third Party as a result of any action or inaction on your part.
14. Term and Termination
14.1 These Terms shall remain in effect unless terminated in accordance with the terms hereunder
14.2 ABSLAMC may terminate your access to or use of the Services, Platform, or any portion thereof, immediately and at any point, at its sole discretion, if you violate or breach any of its obligations, responsibilities, or covenants under these Terms.
14.3 Upon termination under this Clause:
- the Services and/or the Platform will 'time-out';
- you shall not be eligible to avail any features of the Services and/or the Platform; and
- these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
14.4 These Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
15. Intellectual Property Rights
15.1 All rights, title, and interest in and to the Platform and/or Services, including text, graphics, software, photographs and other images, videos, sounds, trademarks, and service marks are owned by or otherwise licensed to us. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable, and limited licence to use the Services and the Platform in accordance with these Terms.
15.2 All names, whether appearing with the trademark symbol or not, are trademarks that belong to us, our Affiliates or our partners unless otherwise stated by us. The use or misuse of these trademarks or any other materials except as permitted in these Terms, is expressly prohibited and may be in violation of copyright law, trademark law, and any other Applicable Law.
15.3 The Contents of this Platform and the Services are subject to copyright protection. The Contents of the Platform and the Services may not be copied, reproduced, republished, or otherwise redistributed. You shall not copy, display, download, distribute, modify, reproduce, republish, retransmit any information, text, or document contained in the Platform or the Services or any portion thereof in any electronic medium or hard copy, or create any derivative work based on such images, texts or documents, without our express written consent or as otherwise permitted in these Terms.
15.4 ABSLAMC may request you to submit suggestions and other Feedback, including bug reports, relating to the Services or the Platform, which may be in the form of Feedback. ABSLAMC may, at its sole discretion, publish, display, distribute, and/or use the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of recognition arising out of your intellectual property rights. You hereby waive any rights you may have that arise out of such Feedback and agree to execute such documentation as ABSLAMC may require to give effect to ABSLAMC's rights under this Clause.
15.5 You warrant and represent that any Content, information, materials, ideas, suggestions, proposals, plans, or other material, whether written or without our request, including through the AI Chatbot (collectively, Content), You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free licence to use, display, host, reproduce, adapt, modify, publish, distribute, transmit, and create derivative works of the Content. We also have the right to use the Content without any further consent from You.
15.6 Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any Third Party's intellectual property rights.
16. Prohibited Conduct
16.1 You shall not use the Platform or the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
- infringe, violate, or misappropriate any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any person;
- exploit any service for commercial purposes; copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Platform or the Services;
- use the Platform or the Services to transmit any data or send or upload any material that contains viruses, trojan horses, worms, time-locks, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- use any robot, spider, or other automated device or manual process to monitor or copy the Platform or Services or any portion thereof;
- engage in any conduct that violates Applicable Laws or involves obscene, pornographic, pedophilic, immoral, invasive of another's privacy, or is harmful to children;
- act in an abusive or threatening manner or use abusive or threatening language on or through the Platform or the Services;
- upload or transmit information or Content that is harmful to children or impersonates another person or entity;
- threaten the unity, integrity, defence, security, or sovereignty of India or public order or causes incitement to the commission of any cognizable offence;
- use the Services in any unlawful manner, for fraudulent or malicious activities, or in any manner inconsistent with these Terms;
- reverse engineer, decompile, or disassemble the Services or the Platform;
- use the Platform or the Services to publish any commercial material or Content (including, but not limited to, solicitation of funds, advertising or marketing of any Products or Services);
- violate any Applicable Laws in any manner.
16.2 To the maximum extent permissible under Applicable Law, we reserve the right to suspend the Account or restrict you from using the Platform or the Services in its entirety or any specific feature(s) thereof, if we suspect that you avail any feature in a manner that is dangerous for example placing orders without intending to take delivery or intending to subsequently cancel or substantially alter or cancel all of them (if that is not intended to be avoided). We may also limit the quantity of purchases or other use of the Platform or the Services. If the Platform or the Services, if that is designed or used to deliberately distort or manipulate prices including, but not limited to, by creating artificial demand, such orders or users or ABSLAMC or its partners, or in the event ABSLAMC in its sole discretion determines it to be necessary.
17. Your Obligations
17.1 You agree and undertake that you are accessing the Platform and transacting at your own risk and that you are using your best and prudent judgement before availing the Services or your intended Transactions.
17.2 You agree and undertake that you will comply with all Applicable Laws while availing the Services or entering into the Transactions.
17.3 You agree to maintain a sufficient balance in your bank account at all times to complete your Transactions on the Platform. In the absence of sufficient funds, you understand that ABSLAMC will not be responsible for the rejection of your instructions to proceed with the concerned Transaction.
17.4 You understand that your investment in Products offered by ABSLAMC is subject to market risks, including possible loss of the principal amount invested, and that the past results or performance of Products are not a guarantee of its future performance.
17.5 You understand that the performance and returns of any Product cannot be predicted nor guaranteed.
18. Grievance Redressal
18.1 In case of any grievance, you may contact our investor services centers or our office at Aditya Birla Sun Life AMC Limited, One World Center, Tower 1, 17th Floor, Senapati Bapat Marg, Elphinstone Rd, Mumbai - 400013. If any complaint remains unresolved, you may write to our designated Investor Relations Officer at:
18.2 If you believe your complaint is not redressed by us satisfactorily, you may lodge a complaint with SEBI's SCORES portal: https://scores.sebi.gov.in/ or send your physical complaints to Office of Investor Assistance and Education, Securities and Exchange Board of India, SEBI Bhavan, Plot No. C4-A, G Block, Bandra-Kurla Complex, Bandra (E), Mumbai - 400 051.
18.3 In case of GIFT City related Products or Services, you may contact the Complaint Redressal Officer. If you believe your complaint is not redressed by us satisfactorily, you may lodge a complaint with IFSCA through an email to grievance- redressal@ifsca.gov.in.
19. Governing Law
19.1 These Terms shall be governed by and construed in accordance with the laws of India and any dispute concerning these Terms shall be subject to the exclusive jurisdiction of the courts at Mumbai, India or the exclusive jurisdiction of such other court as may be provided in the respective Offer Document.
19.2 Any dispute or claim arising out of or in connection with or relating to these Terms or their breach, termination, or invalidity hereof shall be referred to and finally resolved by arbitration in Mumbai or such other seat as may be provided in the respective Offer Document in accordance with the Arbitration and Conciliation Act, 1996, for the time being in force, which rules are deemed to be incorporated by reference.
19.3 The Party involving the arbitration shall provide a notice of dispute to the other Party and the Parties shall mutually agree on the appointment of a sole arbitrator. If such a mutual agreement is not arrived at within the time period as provided in the Offer Document, ABSLAMC and you shall appoint such sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996.
19.4 The seat of arbitration shall be Mumbai or as may be provided in the respective Offer Document, and the arbitration proceedings shall be conducted in the English language.
20. Contact Details
20.1 If you have any other queries or Feedback with respect to the Services (including grievances with respect to technology related issues and cybersecurity), you may contact us at:
Telephone: __________________
Timings - 10.00 a.m. to 07.00 p.m. (All days)
Email: __________________
21. Miscellaneous Provisions
21.1 Severability
If any provision of these Terms is determined by any court or other competent Authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, then that part will be deemed to be deleted, and the rest of the provision will continue in effect, unless that contradicts the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted.
21.2 Third Party Rights
No Third Party shall have any rights to enforce any Terms contained herein.
21.3 Regulatory Changes
You acknowledge and agree that we may have to modify the Services or the Platform to comply with the Applicable Laws. As a result of this, you may be unable to access or use all or any part of the Services or the Platform. We shall not be liable to you for such inability to use the Services or the Platform pursuant to our compliance with the Applicable Laws.
21.4 Assignment
You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms in any manner without ABSLAMC's prior written consent. ABSLAMC may assign (subject to any conditions it deems appropriate) or withhold its consent at its sole discretion. ABSLAMC may assign its rights to any of its Affiliates, subsidiaries, or parent company, or any successor, without any prior notice to you.
21.5 Waiver
No waiver or delay in exercising any right, power, or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.
21.6 Modifications
ABSLAMC reserves the right at any time to modify these Terms and to add new or additional terms or conditions on the use of the Services and/or Platform. If you choose to continue using the Services and/or Platform after such modifications, it will be construed as your acceptance of the revised Terms. In the event you refuse to accept such changes, these Terms will terminate. We also reserve the right to suspend or withdraw our Services, temporarily or permanently, at any time for any reason. We shall not be liable to you or any Third Party for any modification, suspension, or discontinuance of the Services or the Platform.
21.7 Entire Agreement
These Terms constitute the entire agreement between you and ABSLAMC relating to the subject matter herein and supersede all prior agreements or understandings, whether written or oral.
21.8 Notices
All notices, requests, demands, and determinations for ABSLAMC under these Terms (other than routine operational communications) shall be sent to Aditya Birla Sun Life AMC Limited, One World Center, Tower 1, 17th Floor, Senapati Bapat Marg, Elphinstone Rd, Mumbai – 400013. If sent through electronic mail, the same shall be sent to Aditya Birla Sun Life AMC (International) IFSC Limited, Unit No. 204-5, Second Floor, Narendra Singh Bhawan, GIFT SEZ, Mahatma Gandhi Road, Gandhinagar – 382355, Gujarat, India.
21.9 Translations
ABSLAMC may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.
