Terms & Conditions

This page contains the terms and conditions (Terms of Use) that apply to any registered user or individual (User/You/Your) who has access / browses / uses any of the Platform (defined below) / Account (defined below) / Services (defined below) of WEALTHAPP DISTRIBUTORS PRIVATE LIMITED a private limited company incorporated under the Companies Act, 2013 (CIN U67190WB2012PTC236321) and includes all present and future Affiliates of the Company. The term “Affiliate” means with respect to an entity the holding company, subsidiaries and associate companies and shall include any other entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control of such entity (variously referred to as (“WealthApp”/ “Company”/ “We”/ “Our”/ “Us”).

Please read the Terms of Use and Privacy Policy carefully before registering on the website, https://wealthappdistributors.com and/or on Our mobile applications, and using Our other online services (collectively hereinafter referred to as “Platform”) which is owned, operated and maintained by WealthApp, or before accessing any material, tools or information through the Platform.

By accessing / browsing / using the Platform and/or Services and/or opening an account with the Company (“Account”) or providing Us with Your Personal Information for any other purpose, you accept and agree to be bound and abide by these Terms of Use, and Our Privacy Policy, each of which is available on Our Platform for Your reference. If You do not want to agree to these Terms of Use or the Privacy Policy, you must not access / browse / use the Platform, the Services and the Account.

The Company retains an unconditional right to modify or amend this Terms of Use at any time, without any requirement to notify You of the same. Any such amendments shall be effective immediately. It shall be Your sole responsibility to check this Terms of Use from time to time for any modifications or amendments we have made as they are binding upon you and shall be effective immediately from the posting of the revised Terms. Your acceptance of the amended Terms of Use by continued use of Our Platform / Services shall signify your consent to such modification or amendments and to be legally bound by the same.

The following terms, including the terms of the Privacy Policy appended to this Terms of Use, record the understanding and arrangement in relation to the Services being offered by us and availed by you as per your investment preferences and generally your use of the Platform.

Your access and usage of the Platform / Services / Account will be subject to your compliance with all the terms and conditions set forth herein:

Platform Services
WealthApp will provide you access to its Platform for such services offered on the Platform from time to time (“Services”) which may include:

Managing Your portfolio as per the investment objectives and restrictions, if any, stated in any written or verbal agreement with you as well as in accordance with applicable SEBI Regulations, Guidelines and Circulars as amended from time to time;
buying, selling, retaining, exchanging or otherwise dealing in any investments, place deposits, subscribing to issues and offers for sale and accept placing, of any investments, effect transactions in any markets, taking day to day decisions in respect of your funds pursuant to your instructions;
facilitation of subscription and redemption of mutual fund units by transmitting your money and instructions to the relevant Asset Management Companies (“AMC”) through Your Account;
facilitation of non-financial transactions which will include services such as changes in any information recorded by the AMCs;
provision of information and offer documents of all mutual funds available through its platform along with recommendation of mutual funds for specific asset classes;
responding to Your queries relating to Your Account and acting as Your point of contact for various AMCs; and
any other services provided by WealthApp, which is incidental to, or connected with portfolio management services, investment management services or distribution of mutual fund investment services or any other allied services.

Compliance with Law
You agree to provide true and correct information to us in a timely manner. You provide your consent to carry out verifications and validations of information and instructions provided by you on our Platform. Investments made through your account shall be from your verified bank account (primary holder's bank account where such account is a joint account), from legitimate sources and you confirm that you will remit funds in accordance with applicable laws. You may only access the Platform / Services / Account for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your access and/or use of the Platform / Services / Account. You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms of Use. Further, WealthApp shall carry out all activities that are required to fulfil its regulatory obligations for the provision of Services.

Registration on the Platform
In order to avail our Services, you must register on the platform by linking your mobile number and signing up on the Platform.

Eligibility for Registration

Subject to the provisions of Terms of Use, only individuals / natural persons who can enter into legally binding contracts under Section 11 of the Indian Contract Act, 1872 shall be eligible to use our Services and transact on the Platform.
WealthApp shall use/rely on the information furnished by You to verify Your eligibility.
WealthApp shall bear no responsibility in case the information provided by You is incorrect/dishonest/fraudulent or a misrepresentation.

Provision of Services
You acknowledge and agree that, for the provision of Our Services:

Your access is associated with a username, password and multifactor OTP (together “Login Credentials”). You are solely responsible for the security of Your Login Credentials. WealthApp shall not be held liable for carrying out any instructions placed from your account utilising your Login Credentials which may be unauthorized due to any reason including an information leak or security breach on your part.
You shall immediately inform WealthApp, through email address mentioned under Grievance Redressal under this Terms of Use, of any unauthorised use of your Login Credentials with full details of such unauthorised use including the date of such unauthorised use, the manner of unauthorised usage, the transactions effected pursuant to such unauthorised usage, etc.
You are fully aware of and understand the risks associated with availing of online services through internet including the risk of misuse and unauthorised use of your Login Credentials by a third party and the risk of a person hacking into your account on the Platform and routing orders on your behalf through the Platform illegally and without authorisation.
You shall request WealthApp, through email address mentioned under Grievance Redressal under this Terms of Use, to block the Account and change the password immediately for the Account, if your device has been lost or stolen or on report of unauthorised login/ transaction.
Any material downloaded or otherwise obtained through the Platform is done at your own discretion and risk and any sort of graphical representations, recommendations, feedback and reviews, provided on the investment platform, are in no way a guarantee for the performance of the securities, mutual funds and other financial products.
Other than as expressly set out herein, neither WealthApp nor any of its service partners, as the case may be, make any specific promises about the Services provided. The Services are provided on an 'as is' or “as available” basis.
Your bank may charge you a fee for facilitating transactions, or for failing to maintain sufficient balance to make an investment from your bank account. WealthApp does not levy nor does it receive those charges.
As per your instructions we will process your investment within the applicable stipulated time subject to the norms followed by AMCs relating to receipt of investment funds.
Mutual fund investments are subject to market risks and you are requested to read all relevant scheme documents issued by the AMC, such as Offer Document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum (“Offer Documents”) carefully before investing. You understand that the past results of a mutual fund are not a guarantee to its future performance.
You understand and accept that not all products and services offered on this website are available in all geographic areas, and you may not be eligible for all the products or services offered by WealthApp on the site. WealthApp reserves the right to determine the availability and eligibility for any product or service.
You agree that you will not use WealthApp’s website or mobile phone application for any purpose that is unlawful, or prohibited by these terms. You also agree you will not use the site or the app in any manner that could damage, disable or impair them, or interfere with any other party’s use, or enjoyment of the website and app.
You will seek independent financial planning, legal, accounting, tax or other professional advice before investing or withdrawing.

Access to Your accounts on third-party sites
You understand and acknowledge that upon using the Platform, you hereby consent to us accessing your accounts on third-party sites to retrieve your information for providing you Services under the Terms of Use and it is agreed and understood that such third parties shall be entitled to rely on the foregoing consent granted by You.

Access to Your accounts by WealthApp
You understand and acknowledge that upon using the Platform, you authorize us and provide your consent to use your information for the purpose of providing Services under the Terms of Use.

Login Credentials

Your Login Credentials can be reset by you at any point of time.
You can reset the password by following the steps described more fully and particularly on our website and mobile phone application.
You can change / update / reset your email-addresses by sending an email to our customer care at ________________.

Grievance Redressal
If You have any complaints or queries regarding Your Account on the Platform, or the registration process on the Platform or You need to communicate any information to WealthApp required under these Terms of Use or have any other query regarding WealthApp and its Services or any rights, liabilities, obligations or deliverables arising therefrom, please contact:
Name: Arush Sengupta
Email – legal@wealthapponline.com

Customer Communications

Accepting these Terms of Use, implies Your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Platform, WhatsApp messages, broadcasts, and notifications, calls including but not limited to forwarded WhatsApp messages, automated messages, and voice notes by us or our affiliates, agents, service-providers, representatives. All communication through WhatsApp from us would adhere to WhatsApp India's Privacy Policy and WhatsApp India's Terms of Terms of Service.
You certify, warrant and represent that the telephone numbers, mobile numbers and/or email addresses and any other information that you have provided to us are your own and you agree to notify us whenever you stop using a particular telephone number(s) and/ or WhatsApp number and/or email address (es).

Links to Other Third - Party platforms and collection of information

WealthApp may link you to other third-party platforms that may collect your Personal Information and aid WealthApp in providing Services. WealthApp uses third-party vendors/service providers/agents for functions such as but not limited to concluding know-your customer (“KYC”) obligations, onboarding customers, customer analytics, analytics, payment gateways, digital signatures. You acknowledge and understand that by clicking on the links you have provided your consent to use the third-party platforms and that WealthApp does not control the third-party platforms. WealthApp is not responsible for the availability of content, or other services on third-party sites linked from the website. You are aware that the access of hyperlinks to other internet sites are at your own risk, and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by WealthApp Distributors in any way. WealthApp Distributors 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

These third-party service providers may have their own terms of use governing the usage of their platform which you may be subject to in addition to this Terms of Use. This Terms of Use does not govern any interaction with or usage of the platforms of these third-party providers. You are advised to review the Terms of Use of these third-party service providers carefully.

Intellectual property

You do not have ownership of any intellectual property rights, including branding or logos of WealthApp and you shall not copy, reproduce, sell, redistribute, publish, enter into 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 WealthApp, except that which you may download for personal, non-commercial use.
All of the content on the Platform, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames, copyright, emails, SMS's and WhatsApp communication ("Contents"), constitute our intellectual property. WealthApp and its licensors are the sole owners of the underlying software and source code associated with the product and all the trademarks, copyright and any other intellectual property rights of any nature in the Platform. The permission given by WealthApp to access the website will not convey any proprietary or ownership rights in the above software/hardware. You agree that you shall not attempt to modify, translate, disassemble, decompile, or reverse engineer the software/ hardware underlying the website, or create any derivative product based on the software/hardware.
In case you believe that the Platform violates your intellectual property, you must promptly notify us in writing at legal@wealthapponline.com . These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to the Platform.

Indemnity

You agree to indemnify, defend, and hold WealthApp and its respective directors, associates, employees and representatives harmless from and against any and all losses including reasonable attorney's fees and expenses, of third parties relating to or arising out of: (i) breach of any of the provisions of this Terms of Use and/or Privacy Policy; or (ii) fraud or dishonesty relating to any transaction by you; or (iii) misrepresentation/fraud/negligence with respect to data and information provided by you.
WealthApp will have the right to participate in any legal or administrative proceedings by or against you of a third-party claim related to your access / use of the Platform / Services / Account, with counsel of its choice and its expense.
The terms of this provision of Terms of Use will survive any modification, termination or cancellation of this Terms of Use or your access / use of the Platform / Services / Account.

Limitation of Liabilities

In no event will WealthApp be liable for any action performed or omitted to be performed or for any errors of judgment in relation to your Account. We do not guarantee that our Platform, or any content on it, will be free from errors or omissions.
We do not guarantee that our Platform will be secure or free from malware or viruses. You are advised to use your own virus protection software while browsing/accessing our Platform.
You agree and will not hold WealthApp Group responsible for any loss, notional or otherwise, incurred because of (i) delays either at the bank, bank payment systems or Registrar and Transfer Agency or AMC; or (ii) rejection of your instructions by the Bank, Registrar and Transfer Agency or AMC; (iii) processing of instructions authenticated by Your Login Credentials in the event of such authentication not being authorised by you; (iv) Non-availability or non-accessibility of the website, electronic payment gateway, telephone(s); (v) any inaccuracy or typographical error on the website; (vi) reduction in the value of your investments made through the Platform (vii) any trading losses, cost or damage incurred by the User due to reliance on investment information, research opinions or advice or any other material/information whatsoever on the Platform, literature, brochure or promotional material issued by WealthApp or its affiliates.

Arbitration
Any dispute, controversy, claims or disagreement of any kind whatsoever between the parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator who will be an independent and neutral third party identified by WealthApp. The seat and venue of arbitration shall be at Kolkata, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language and will be governed by Arbitration and Conciliation Act, 1996. The award shall be final and binding on the parties.

Governing Laws and Jurisdiction
The Terms of Use shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles. All disputes arising in relation to shall be subject to the exclusive jurisdiction of courts at Kolkata.

Severability
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the Terms of Use will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

Waiver
Any failure on the part of WealthApp to require performance of any provision of these Terms of Use shall not affect its right to full performance thereof at any time thereafter, and any waiver by WealthApp of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

Term and Termination

If and when you are desirous of having your Account terminated, you are requested to follow the procedure described more fully and particularly on the Platform.
In case of termination of your Account in accordance with the Terms of Use; WealthApp may continue to securely maintain a record of your Personal Information (defined under Privacy Policy) and your financial transactions to fulfil statutory or regulatory obligations. WealthApp will provide you details of the AMCs in whose mutual fund units you have invested in and will fulfil Your redemption/transfer requests, if required.
WealthApp, at its sole discretion, may close your Account for non-compliance with this Term of Use or any applicable laws.

Miscellaneous

All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to WealthApp pursuant to the Terms of Use should be sent to legal@wealthapponline.com.
In the event, WealthApp is of the opinion or informed about any fraudulent transaction/ violation of policies or applicable laws, WealthApp will have the exclusive right to block or freeze such account until further course of action.
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), the Company shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its products/services, and in such case, its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital 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, lockdown, 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.

Assignment, Subcontracting and Delegation
These Terms are for the benefit of WealthApp, its successors and assigns. We may assign or transfer any of its rights under these Terms. WealthApp may delegate or subcontract the performance of any obligation under these Terms. You further agree that you cannot assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any party without our prior written consent.

Grievance Officer
The name and contact details of the Grievance Officer to handle any complaints in relation to the Platform / Services / Account are provided below:
Name – Arush Sengupta
Email: legal@weathapponline.com

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