This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name 'Explorefunds APP.com' and Explorefunds APP mobile application (hereinafter referred to as "Website" or "Application") is owned and operated by M/s. Explorefunds Investment centre Pvt. Limited ("Explorefunds APP"), a company with CIN Number: _________________, incorporated under the Companies Act, 2013 with its registered office at 402-A, Arunachal Building, Barakhamba Road, New Delhi
"Account"shall mean the account opened with Explorefunds APP by the Registered Users, for use of the Application or making investment through the Application.
"AMC"shall mean and include Asset Management Company listed on BSE.
"Application" or "Website"means and includes Explorefunds APP.com, Explorefunds APP mobile Application accessed through or downloaded from the App store i.e. Android or IOS, which might be used or accessed at any other platform where the Application can be accessed from mobile phones and such other devices, like, mobile application (whether or not on android or IOS) or any other platform as provided by Explorefunds APP.
"BSE"shall mean Bombay Stock Exchange.
"CVL" shall mean CDSL Ventures Limited (CVL) which is a wholly owned subsidiary of Central Depository Services (India) Limited (CDSL), a leading securities depository in India.
"Explorefunds APP"or"us"or"we"or"our"shall mean and refer to Explorefunds investments Private Limited and its affiliates, officers, employees, agents, partners and licensors.
"Force Majeure Event" means any event due to any cause beyond the reasonable control of Explorefunds APP, 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.
"FATCA" shall mean Foreign Account Tax Compliance Act. A regulation created by the United States (US) Government to curb tax evasion by US citizens. Under this regulation, assets held by US citizens in other countries are required to be reported to the US government.
"KRA" shall mean the KYC Registration Agency.
"CKYC" shall mean Central KYC Registry
"NAV" shall mean Net Asset Value.
"Registered User" or "Registered Customer" shall mean and include the users or customers who have Investment Account with Explorefunds APP to avail the Services or any part thereof, as provided on the Application
"RTA" shall mean Registrar and Transfer Agent.
"Services" means all the services as provided by Explorefunds APP to the Users, for Purchase, SIP, switching and redemptions of units of mutual funds listed on the Application in accordance with these Terms and Conditions.
"SIP" shall mean Systematic Investment Plans
"STP" shall mean Systematic Transfer Plans
"User/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 Application;
"Use/use" or "Using/using" means to browse, access, view, copy, availing Services or other benefit from using the Application;
User acknowledges that in accessing and using the Services offered by Explorefunds APP, User may utilize the content and Services offered on the Explorefunds APP Applications. User agrees to follow the Terms & Conditions for the use of Application as specified and provided on the Application from time to time. Notwithstanding such acceptance of the Application Terms & Conditions, you acknowledge and agree that:it shall be your responsibility to remember and keep the Login Credentials safe and secret to prevent unauthorized access to your Explorefunds APP Account; and if you think that the security of your Explorefunds APP Account has been compromised, change your password and contact us immediately for further assistance, on the following e-mail:customercare@DISHA APP.com
Service(s) shall be availed in accordance with the Terms and Conditions mentioned herein. User agree that DISHA APP and / 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.
User hereby irrevocably and unconditionally grants no objection to DISHA APP and the respective mutual funds / RTAs to collate the transaction details relating to the investments in mutual fund units done by user on the Application and provide such transaction data to DISHA APP for further processing of user transactions.
Access to DISHA APP's Services will be granted by DISHA APP only to Registered Customers of DISHA APP, post the enrollment for the Services. User agrees and acknowledges that the Services provided herein are presently available in respect of select Mutual Funds only with whom DISHA APP has entered into a separate arrangement. User shall provide the required details and the documents for the purpose of the registration and enrollment.
For the purpose of registering on the Application, User needs to provide:
For the purpose of enrollment and using the Services of DISHA APP, the User is required to be KYC compliant. DISHA APP shall provide assistance to User, for the purpose of registration, in the following manner:
Non-KYC compliant Users: In the event, the User is not KYC compliant as per the data received via the CVL system, User has to provide the following details to DISHA APP for the purpose of registration:
For the purpose of verification/registration, the above provided information/details shall be uploaded by the User in the Application in the following manner:
Once the information is received by DISHA APP, the executive of DISHA APP shall verify the details provided. Upon successful verification, the documents shall be provided to the concerned regulatory authority/mutual fund company for the purpose of completing the KYC of the User
During the registration process, the customer will be prompted to sign on the mobile screen. Application will capture the signature of the User and will utilize only for the purpose of completing the registration formalities - namely, KYC form, DISHA APP Account Opening form and BSE Account Opening Form. The signature does not allow DISHA APP to undertake any transactions other than as specified here or for the purpose of providing the Services.
User agrees and acknowledges that DISHA APP shall be required to collect the following information for the purpose of complying with the FACTA requirements:
From Users who are Resident Indians:
From Users who are Non-Resident Indians (NRIs)/Person of Indian Origin (PIOs):
User agrees that after opening of the account if any of the documents submitted need to be replaced or additional document needs to be submitted as per regulatory direction the same would be complied by the user. Non-compliance of the same can lead to temporary or permanent closure of the facilities provided by DISHA APP.
User agrees and acknowledges that the video submitted for the purpose of registration/verification is voluntarily submitted by User and DISHA APP shall not be responsible for the quality and veracity of the video.
User agree that any and / or all information that may be provided by you to DISHA APP 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 DISHA APP 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 the Application.
Investments from persons from the country other than India may not be permitted in certain mutual funds. DISHA APP/ 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 Application 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 on the Application. 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 Application, 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, neither DISHA APP 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 on the Application and / or mutual funds 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 DISHA APP shall make every effort to ensure adherence to the above timelines, DISHA APP 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, DISHA APP 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 1-8 bank working days by the concerned mutual fund.
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 has 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.
To access the Services on the Application Users shall be required and/or voluntarily upload, submit, store, send or receive content. User shall retain ownership of any intellectual property rights that Users hold in the content. However, when User upload, submit, store, publish, send or receive content to or through the Services, such content must not:
PLEASE NOTE: All or related actions (as specified above) are considered as offence under the Information Technology Act and User shall alone face the legal consequences for its acts.
DISHA APP may provide Users links to third party services ("Third Party Services"). User agree to use the Services at its sole risk and that DISHA APP shall not have any liability to Users for the 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 DISHA APP 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. DISHA APP DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO USERS 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.
User acknowledge and grants no objection to DISHA APP to do all or any of the following acts, deeds matters and things:
User acknowledges and agrees that the DISHA APP holding pattern of the Registered Customer, is deemed to be the 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 DISHA APP account details maintained for the First holder. The mode of holding in all customer joint accounts is treated as "Anyone or Survivor".
User agrees and acknowledges that it shall be the obligation of the AMC and not of DISHA APP to regularly send to the Registered Customer such communications as required under the SEBI Regulations. However, the User can view the portfolio on the Application.
While currently, the Services offered by DISHA APP are free of transaction charges, User acknowledge that DISHA APP reserves the right to charge fees in the future for the Services or any other services offered by DISHA APP. Any such changes will be communicated by DISHA APP via email 30 days ahead of implementation, and will be displayed on the Application. Under such circumstances, User has the option to transfer its assets out of its Account without incurring any costs payable to DISHA APP.
User agrees and understands that any such charges/fees that DISHA APP 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 DISHA APP/mutual fund/AMCs/trustees of the AMC shall be joint and/or several, as the case may be.
DISHA APP shall not in absence of gross negligence on the part of DISHA APP, 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 DISHA APP or its employees, officers, directors, nominee or agents.
Without prejudice to the above, DISHA APP 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 DISHA APP's 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 agrees that DISHA APP 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. DISHA APP will be under no duty to verify compliance with any restrictions on User's investment powers.
DISHA APP 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 DISHA APP will make every effort to have its computer systems available at all times, DISHA APP makes no guarantees with respect to the availability of such systems. DISHA APP will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, DISHA APP 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.
DISHA APP 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 DISHA APP harmless and free from any claim in respect thereof. DISHA APP 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, DISHA APP 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.
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 DISHA APP disclaims all liability and responsibility for any claims, losses, damages, costs of whatsosever nature arising due to such risks:
Any information contained in DISHA APP brochures or other materials or otherwise communicated by DISHA APP shall not be construed as investment advice and that all decisions to purchase or sell units made by user shall be on the basis of personal judgment arrived at after due consideration. DISHA APP does not in any manner:
DISHA APP 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. DISHA APP does not offer any advice and nothing herein or on the Application shall be construed as investment advice by the User.
Any sum invested through the Account is not a deposit with DISHA APP and is not bank insured. The same is not endorsed or guaranteed and does not constitute obligations of DISHA APP 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.
Any notice or other correspondence addressed by DISHA APP to user may be addressed to the address provided by the users at the time of enrollment. 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 DISHA APP and 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 shall provide any and all information that may be required by DISHA APP/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 DISHA APP/AMC/authorized service providers of the AMC may take steps to verify the veracity of such information provided and shall co-operate with DISHA APP/AMC/authorized service providers of AMC in providing all information requested. 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 DISHA APP and that DISHA APP 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 authorizes DISHA APP to provide all information to such regulatory/statutory authorities as and when required.
DISHA APP may terminate the Services by giving 30 days prior notice in writing to the Registered Customer provided that the Registered Customer shall not be relieved of obligations hereunder notwithstanding such termination incurred prior to the date on which such termination shall become effective.
Mutual Fund investments are subject to market risks, read all scheme-related documents carefully.
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 Mumbai. 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 DISHA APP on accuracy of transaction details provided by the User on the DISHA APP Application, the transaction logs maintained by DISHA APP back office will be the only source of data to verify the accuracy of such transactions.
Any recommendation provided by DISHA APP to the customers on mutual funds is incidental to its primary activity.
DISHA APP earns commission from Asset Management Companies when the user buys mutual funds. However, the recommendations on funds is not influenced by the commission DISHA APP earns.