Online Platform Terms of Use
This page sets forth the terms and conditions ("Terms") applicable to the access and use of the online Platform, including the Web Portal, for every person who visits the online Platform (hereinafter referred to as "User" or "they" or "their" or "you" or "your"), and shall be applicable to all folios, which are existing or may be created at any time in future. You are requested to read these Terms carefully before you start using the online Platform. By using the online Platform, you indicate that you have read, understood and accepted these Terms and have agreed to abide by the same without any limitation or qualification.
We reserve the right to modify these Terms at any time. Your continuing to use the Platform and availing of the facilities provided therein subsequent to modifications shall be construed as you having read, understood, and agreed to be bound by the revised Terms and shall constitute an agreement between you and Bajaj Finserv Asset Management Limited (BFAML). These Terms shall always be read in conjunction with our Privacy Policy and the Terms and conditions for use of our website available on - http://www.bajajamc.com/ and the terms and conditions of the Scheme Information Document ("SID"), the Key Information Memorandum ("KIM"), and the Statement of Additional Information ("SAI") (hereinafter collectively referred to as Scheme Related Documents). If you do not intend to be legally bound by these Terms, including amendments thereto, please refrain from using the Platform.
Registration on the Platform:
Resident adult individuals (with intended mode of holding/operation as single or “Anyone or Survivor”) and minor (acting through Guardian) investors, who are eligible to invest in schemes of Bajaj Finserv Mutual Fund (BFMF) as per the terms of the Scheme Related Documents and are not restricted by any legal/regulatory/judicial/quasi judicial/other authority to invest in schemes of BFMF, shall be authorised to directly register on the Platform and avail of the online services available thereon.
Access to Platform shall not be available to US Persons (i. e., a U.S. person within the meaning of Regulation S under the Securities Act of 1933 of U.S. or as defined by the U.S. Commodity Futures Trading Commission as amended from time to time) or to residents of Canada.
Non-Resident Indian (NRI)/Persons of Indian Origin (PIO)/Overseas Citizen of India (OCI) Users may access the Platform provided: (i) the applicable local laws/regulations of their country of residence does not prohibit such access or does not impose any registration or other requirement on BFMF as a consequence of such access; or (ii) their country or territory is not a non compliant country or territory declared under Financial Action Task Force (FATF).
If you choose to access the Platform from locations other than India, you shall do so at your own risk and you would be solely responsible for compliance with applicable local laws and regulations of such location/territory. We accept no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Platform can be accessed through internet by you in a country other than India shall not be interpreted to imply that the laws of the said country govern these Terms and/or the use of the Platform.
Existing unitholder / investors of BFMF may, at any time, subject to these Terms, register on the Platform and avail online facilities available thereon.
User hereby agrees to abide by these Terms and all applicable Indian and Foreign laws/rules/regulations in force and the changes thereto from time to time relating to the access to the Platform and/or the facilities made available thereon, including those relating to execution of transactions in Schemes of BFMF. The User further confirms that he/ she is authorised and is not restricted by any legal /regulatory /judicial /quasi judicial /other authority, to access the Platform and avail of the facilities offered thereon, including to execute transactions in schemes of BFMF.
User shall be required to comply with KYC (know your client/customer) and KYC Registration Agency (“KRA”) requirements under SEBI (KYC Registration Agency) Regulation, 2011, as may be amended from time to time, and requirements under Prevention of Money Laundering Act, 2002 and such other applicable laws/rules/regulations as the case may be. Registration on the Platform shall be permitted for KYC Registration Agency (KRA) verified Users only. Accordingly, while enrolling for the Platform registration, the User shall be required to provide their PAN, Aadhaar Number, and such other information as may be prescribed from time to time under the SEBI (KYC Registration Agency Regulation, 2011, Prevention of Money Laundering Act, 2002 and rules made there under as may be amended from time to time, and such other applicable laws/regulations as the case may be. Based on the information provided, once it is ascertained that the User is KRA verified and the other information provided by the User is in order as required by the applicable laws, the User will be allowed to register on the Platform. Subsequent to registration on the Platform, for the purpose of compliance with applicable laws/regulations, User may be required to submit such other documents as may be stipulated by BFAML/BFMF from time to time and the User hereby undertakes to submit such details/documents as and when required by BFAML/BFMF. The User further acknowledges that any failure to submit such documents/details may result in the User's access to the Platform being suspended/ terminated.
For access to the Platform and execution of transaction(s) on the Platform, the User hereby provides consent in accordance with Aadhaar Act, 2016 and regulations made thereunder, for (i) collecting, storing and usage (ii) validating/authenticating and (ii) updating my/our Aadhaar number(s) in accordance with the Aadhaar Act, 2016 (and regulations made thereunder) and PMLA. User hereby provides consent for sharing/ disclosing of the Aadhaar number(s) including demographic information with the asset management companies of SEBI registered mutual fund and their Registrar and Transfer Agent (RTA) for the purpose of updating the same in User's folios with their PAN.
User's address as per KRA will be the registered address of the User in the records of BFAML/BFMF.
User's signature for the records of the BFAML/BFMF in connection with availing of facilities on the Platform shall be retrieved / obtained from the KRA. In case BFAML is unable to obtain a clear image of the signature, User shall be required to submit a physical signature updation request to BFAML to transact in schemes of BFMF through the physical mode.
With respect to the Users who are first time investors of BFMF, the contact details, including email address and mobile number, shall be obtained from the investor at the time of registration on the Platform. The User shall be responsible to ensure that the contact details, including the email address and the mobile number are accurate. BFAML/BFMF shall not be responsible to verify the correctness of the information obtained from the Investor. For Users who are existing investors of BFMF, the contact details shall be as per the details available with BFAML/BFMF.
All correspondence and/or delivery by BFAML shall be made only at the address and/or email address available with BFAML/BFMF. BFAML shall send communications/letters etc. to the User through courier/messenger/email/SMS or through any other valid mode at its own discretion and the User shall not hold BFAML/BFMF liable for any loss and/or delay arising there from.
You hereby confirm that you shall not use the Platform for any illegal or improper purposes. BFAML/BFMF shall be authorized to immediately discontinue/suspend/terminate your access to the Platform upon being made aware of any such illegal or improper use of the Platform.
In order for you to be eligible for registration on the Platform and to transact on the Platform, you may need to have access to net banking facility/other online payment facility with the select banks having arrangements with us as per the list displayed on the Platform. You shall be required to register the account details and upload an image of the cheque (in .pdf /.jpeg format) on the Platform. It shall be your responsibility to ensure that the account details registered by you and the image of the cheque uploaded pertains to your bank account. In case of joint holding, the account details registered shall be the bank account of the first-named unitholder or, in case of joint bank account, the first-named unitholder in the folio should be one of the joint holders of the bank account. In case it is found that the bank account details registered do not fulfil the above criteria, BFAML/BFMF shall reject the transaction requests and refund the amounts to the account registered on the Platform without any interest thereon, and BFAML/BFMF shall not be liable for any losses/damage sustained by the User on account of the above.
Minor investors:
The Platform may be accessed on behalf of a minor unitholder/investor by the natural and/or legal guardian. The guardian shall represent the minor in all transactions of any description executed on the Platform or otherwise on behalf of the minor until the said minor attains majority.
The minor unitholder’s bank account or a joint account of the minor with the guardian only are required to be registered for the purpose of receiving redemption proceeds/ IDCW payouts. BFAML/BFMF shall pay proceeds of redemption / IDCW payouts only in the minor unitholder’s bank account or a joint account of the minor with the guardian only. BFAML/BFMF shall not be liable for any loss or damage sustained by the minor unitholder on account of any non-receipt of or delays in receiving the redemption proceeds / IDCW payouts on account of the above.
Nomination shall not be allowed till such time the minor attains the age of majority.
The guardian shall be eligible to access the Platform on behalf of the minor till such time the minor attains the age of majority. The guardian agrees to indemnify BFAML/BFMF against any claim of the minor for any transactions made in the minor's account. Upon the minor attaining the age of majority, the right of the guardian to represent the minor and to access the Platform on behalf of the minor shall stand terminated. The minor shall be required to fulfil such formalities, through submission of physical request forms and documents, updation of bank and contact details, etc., as may be stipulated by BFAML/BFMF for change of status from minor to major from time to time. Access to the Platform with respect to the investments of the minor unitholder shall remain suspended till such time the formalities of change of status are completed.
To continue accessing the Platform the minor (now turned major) User shall also be required to update the bank account details, contact details, nomination, etc., on the Platform, before online facilities available on the Platform can be availed of.
Joint Holding
Joint holders (irrespective of the mode of operation) shall be allowed to access the Platform through creation of User ID and password only upon completion of an authentication by all the joint holders independently. Completion of the authentication process by all the joint holders in the manner stipulated by BFAML/BFMF shall be construed as a confirmation provided by all the joint holders that they have read, understood, and having agreed to be bound by these Terms. The subsequent access to the Platform and execution of transaction(s) on the Platform using the User ID and password created by the joint holders shall be deemed as access/execution of transactions for and on behalf of and with the consent of all the joint holders.
For registration of nomination in case of joint holders, a scanned copy of a duly filled nomination form in the format stipulated by BFAML/BFMF, signed by all the joint holders, shall be uploaded on the Platform. In case the nomination form is not signed by all the joint holders, the same shall be liable to be rejected and the nomination shall not be registered in the folio of the joint holders, BFAML/BFMF shall not be liable for any loss/damage sustained by the Users on account of the same.
Nomination
Subject to the terms contained herein, the Scheme Related Documents, and the applicable SEBI Regulations, nomination shall be mandatory for individual Users having a single mode of holding. Users who do not wish to nominate are required to confirm their non-intention to nominate.
Through nomination facility, we are not in any way attempting to grant nominee any rights other than those granted to him by law to which he is subject. A nomination does not create any interest in the units / property after the death of the unitholder and the nominee shall hold the units in his capacity as a trustee for legal heirs or legatees of the unitholder.
Nomination can also be made in favour of the Central Government, State Government, local authority, any person designated by virtue of these offices or a religious or charitable trust. The nominee shall not be a trust (other than a religious or charitable trust), society, body corporate, partnership firm, karta of Hindu Undivided Family or a power of attorney holder.
A minor can be nominated and in that event the name, address and signature of the natural/ legal guardian of the minor nominee shall be provided by the User. The guardian to a minor nominee should be a person other than the User.
BFAML/BFMF reserves the right to decide the type of services/facilities that may be offered on the Platform from time to time. There is no assurance by BFAML/BFMF that all facilities available under the offline/physical mode shall be available to the User on the Platform. BFAML/BFMF may also make additions and/or deletions to the services and/or facilities that are currently offered on the Platform at its sole discretion.
Access
You hereby acknowledge and agree that it shall be your responsibility to upgrade the software, hardware and the operating system of your computer and/or mobile phone handset as the case may be at your sole cost from time to time so as to be compatible with that of the Platform, and you also would need to be a current internet user or have access to the internet.
We shall be at liberty to change, vary or upgrade the software, hardware, operating systems, etc., of the Platform from time to time and shall be under no obligation to provide support to all versions of the software, hardware, or operating systems used by you. We shall not be liable for your failure to access the Platform, partially or fully, whether due to your systems, the internet network or any other cause whatsoever.
The Platform and its features and facilities offered may be expanded, limited or modified at any time to meet the needs of the Users, or for regulatory, technical or any other reasons whatsoever, without advance notice or reason. We reserve the right to change, modify, suspend, add, remove, or restrict the User's access to the Platform or a part of it at our sole discretion, without prior notice. We may also in our sole discretion, and at any time, discontinue, temporarily or permanently, any or the entire facilities under the Platform without notice. This could result in delays or failure in the processing of instructions or requests of the Users. We disclaim all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise, sustained by any User on account of such delays or failure and each User hereby acknowledges and agrees to the same.
While we will make all reasonable efforts to ensure that industry standard, accessible formats are used for the materials posted on the Platform, we cannot guarantee the compatibility of such materials with your computer or mobile software.
As this is an electronic service, access cannot always be guaranteed due to external factors beyond our control. Whilst we endeavour to ensure that the facilities offered under the Platform are available without any interruptions, we do not guarantee that the access to or use of Platform or any part thereof will be uninterrupted or error free or that the Platform or the server that makes it available will be free of viruses or other harmful, malicious, or disruptive components. You agree not to hold us liable or responsible for any loss/damage that may be suffered by you while downloading software for accessing the Platform or while availing of any facilities under the Platform.
The internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect the electronic instructions to us through the Platform. Whilst we aim to provide security to prevent the same, there cannot be any guarantee from such internet frauds, hacking and other actions.
OTM
The facilities under the Platform can be availed of only by those Users who are in possession of valid login credentials to access the same.
At the time of registration on the Platform, you shall be required to enter your login credentials. You shall treat the login credentials as confidential and shall be solely responsible for the use, confidentiality, and protection of the same against disclosure to third parties. You acknowledge that if any third person obtains access to the login credentials, such third party would be able to transact/provide electronic instructions to us on the Platform, and any instruction/request for transaction received through your login credentials shall be processed as a valid and bonafide instruction received from you. We shall not be liable for any loss that may be suffered by you as a result of an unauthorized third party using the login credentials, either with or without your knowledge.
You shall notify us immediately of any unauthorized use of the Platform or any other breach of security whatsoever that you may be aware of.
Any transactions through the Platform can be effected only by valid login credentials entered by you. You agree not to request/ demand any evidence or proof for transactions undertaken on the Platform and the audit trail of the log-in using your login credentials would be conclusive proof to establish that the transactions are bonafide.
Every usage of the Platform using your login credentials shall be deemed to be usage by the User personally and in physically and mentally stable state, notwithstanding any loss, theft, hacking etc. of the login credentials. BFAML/BFMF shall not be required to check the identity of the person accessing the Platform at any point of time or his mental or physical stability.
Execution of Transactions
The online facilities made available to the Users on the Platform shall be in addition to and not in substitution of the existing procedures or facilities for transacting in the Schemes of BFMF, including through offline/physical mode.
An application for any transaction on the Platform by the User does not automatically imply that BFAML/BFMF shall accept or process the same. BFAML/BFMF shall have the sole discretion of rejecting any request for any transaction on the Platform with insufficient/incorrect information and/or documents or for any other reason as BFAML/BFMF may deem fit, and the decision of BFAML/BFMF in this regard shall be final. BFAML/BFMF shall not be liable for any loss sustained by any User on account of such rejection. Further, BFAML/BFMF also reserves a right to seek additional information from Users for processing requests for transactions or otherwise on case to case basis.
Users requesting for any transaction shall be liable to pay all charges, fees, interests, and costs, as applicable, which BFAML/BFMF in its absolute discretion may levy with respect to such services/facilities offered on the Platform.
Transaction request(s) made on the Platform may not be processed by BFAML till clear funds have been received by BFAML in the designated bank account and not upon the debit of funds from the account of the User.
The payment for any transaction on the Platform shall be made by the User using any of the payment gateways including, but not limited to, Net Banking Facility, National Electronics Funds Transfer System (NEFT), Real Time Gross Settlement (“RTGS”), HDFC Bank Fund Transfer Facility, etc., and BFAML/BFMF will not be liable for any failures in the link or for any fraud (either at the payment gateway's end and/or the bank's end or failure of telecommunication network) that could take place at the time of making payment. If BFAML/BFMF does not receive the subscription amount, the transaction will be treated as cancelled. A transaction shall be construed to be completed only upon receipt of a written confirmation by the investor from BFAML/BFMF and not otherwise.
The User hereby confirms that any amount utilised for transacting in the Scheme(s) of BFMF is/shall be through legitimate sources only and transaction executed by the User are not for the purpose of contravention and/or evasion of any act, rules, regulations, notifications or directions issued by any regulatory authority in India or in any other jurisdiction applicable to the User.
User understands and acknowledges that the responsibility of providing the correct information/details, including the contact information, amount, the bank account details, etc., lies solely with the User and BFAML/BFMF shall not be responsible to verify the accuracy of the information/details provided by the User. The User shall also be liable to inform BFAML/BFMF /Registrar and Transfer Agent of any change in any details or information provided initially. If any incorrect bank account number is provided by the User, any amount payable to the User could be credited to the wrong bank account so provided by the User and there is no guarantee of recovery of the same. The User shall take all care and caution to ensure that there are no mistakes and errors and that the information given to BFAML/BFMF is error free, accurate, proper, and complete at all points of time. The User confirms that BFAML/BFMF shall not be held liable for any loss or damage that may be sustained by the User on account of such error on the part of the User.
The User also confirms that, if the user receives any wrong credit of funds in his bank account from BFAML/BFMF, which does not belong to the User, on account of any reason whatsoever, the same shall immediately be returned to BFAML/BFMF.
Any request for transaction on the Platform shall be time stamped consistent with the terms of the Scheme Related Documents. The Net Asset Value (NAV) applicable for purchase or redemption or switching of units shall be based on the time of the business day on which the application is received / completed on the Platform, and subject to the provisions of realisation of funds and cut off timings as described in the Scheme Related Documents of BFMF. Any transactions received/completed on the Platform after the cut off time as mentioned in the Scheme Related Documents shall be deemed to be received on the succeeding business day and shall be processed accordingly. The decision of BFAML in this regard shall be final and binding on the User.
Transactions once placed on the Platform cannot be cancelled by the User other than as specifically allowed on the Platform.
General Terms:
Amendments
These Terms may be amended or modified at any time and for such reason as BFAML deems fit and proper including but not limited to comply with changes in laws and/or regulations, to correct inaccuracies, omissions, errors or ambiguities, reflect changes in the scope and nature of the services or based on User requirements
Suspension or Termination of facilities
BFAML may, at its sole discretion, suspend/disallow/modify/restrict all or any of the facilities offered under the Platform or deny access to the Platform to any specific User at any time and for such time period and for such reasons as it deems fit, including on account of inactive/dormant User ID, non compliance of the Terms, death, insolvency, or bankruptcy of the User, any restriction imposed by any legal/judicial/regulatory authority, or for any other cause arising out of the law/regulation or for such other reasons as we may deem fit.
BFAML shall not be liable for any loss or damage that may be sustained by any User on account of such suspension/withdrawal/termination by BFAML.
Accuracy of information
You shall solely be responsible for the correctness of information supplied to us for use of the Platform or while availing of any facility on the Platform or through any other means such as electronic mail or written communication. We accept no liability for the consequences arising out of any erroneous information supplied by you. If you notice an error in the information supplied to us, you shall immediately notify the same to us in order to enable us to endeavour to correct the error wherever possible on a "reasonable efforts" basis.
All outputs of Statements of Account and are prepared by electronic means and the information contained therein will be extracted from a computerized back-up system maintained by BFAML. In case you notice any error in the account information supplied through the Platform or transaction confirmation received by you, you shall promptly, but not later than 30 (Thirty) days from the date of receipt of the information, intimate us of the same. Upon receipt of such intimation, we shall endeavour to correct the error.
You hereby agree and acknowledge that, while we will take all reasonable steps to ensure the accuracy of the statement and information generated, we shall not be held liable for any errors therein. You further agree to hold us harmless against any loss, damages, etc., that may be incurred /suffered on account of any inaccurate/incorrect information contained in the outputs from the Platform.
Disclaimer
Your use of the Platform shall be at your sole risk. The Platform has been provided on an “as is” and “as available” basis. Except as explicitly warranted in these Terms, we make no express or implied warranty with respect to the services/facilities provided on the Platform, including, without limitations, any warranties of uninterrupted/error free performance of the Platform, that any identified defects will be corrected, that the Platform is free from viruses or other malicious, destructive or corrupting code, non-infringement of third party rights, title, merchantability, data accuracy and completeness, satisfactory quality and/or fitness for a particular purpose.
The facilities offered on the Platform shall not constitute an offer to buy or sell or a solicitation to any person in any jurisdiction where it is unlawful to make such offer or solicitation.
Whilst every reasonable precaution has been taken to ensure the accuracy, security and confidentiality of data and information on the Platform, there cannot be any guarantee from internet frauds, hacking and other similar actions.
The Platform is controlled and operated by us from our offices in India. We make no representation that the Platform or the facilities offered on the Platform are appropriate or available for use in other locations or territories where their contents are unlawful and is prohibited. If you choose to access the Platform from locations other than India, you shall do so on your own initiative and you would be responsible for compliance with applicable local laws and regulations of such location/territory.
Liability
BFAML/BFMF shall not be liable for any damages or losses sustained by the User (direct and/or indirect) whatsoever, due to disruption or non-availability of the services/facility(s) under the Platform due to technical fault/error or any failure or failure in telecommunication network or any error in any software or hardware systems.
BFAML/BFMF shall not be liable for any unauthorised transactions occurring through the Platform and the User hereby fully indemnifies and holds BFAML/BFMF harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. BFAML/BFMF shall under no circumstance be held liable to the User if the Platform or all or any part of the facilities on the Platform is not available in the desired manner for reasons including but not limited to legal restraints, faults in the telecommunication network or network failure, or any other force majeure events (such as flood, extraordinary weather condition, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, equipment or software malfunction)or any other reason beyond the control of BFAML/BFMF. Under no circumstances shall BFAML/BFMF be liable for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the User or by any other person. Illegal or improper use of the Platform shall render the User liable for payment of financial charges as decided by BFAML/BFMF or will result in suspension / termination of the access to the Platform extended to the User. The aforesaid does not limit rights of BFAML/BFMF to initiate appropriate legal proceedings against the User.
Disclosure of personal information
We may use your personal information for following purposes
To process your requests for any of the services on the Platform;
To deliver any administrative notices, alerts, advice, notifications and communications relevant to your use of any facilities on the Platform.
To analyze usage of the Platform and improve the services /facilities offered;
For market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity;
To disclose as required by applicable laws/regulations or to any Indian or foreign statutory, regulatory, judicial, quasi-judicial authorities/agencies including, but not limited to Financial Intelligence Unit-India (FIU-IND)
To disclose to our Sponsor(s), Trustees, its employees, and agents, and to other Institutions and/or Third Party Service Providers that provide services to us and which are bound by confidentiality arrangements with us.
For participation in any telecommunication or electronic clearing network.
In compliance with a legal directive.
For fraud prevention purposes.
We, either directly or through call centres, may call or send promotional information/ material to the mobile number/(s) or email IDs 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. If you do not wish to receive such promotional information/ materials, please call on toll free no. 1800-309-3900 or register for the Do Not Call Register (“DNCR”) of BFAML.
We reserve the right to record telephonic conversations with Users for quality control purposes.
The confidentiality obligations of BFAML/BFMF shall be subject to the Privacy Policy displayed on the website http://www.Bajajamc.com and these Terms shall be read in conjunction with the said Privacy Policy. The User, by agreeing to these Terms shall be deemed to have consented to the terms of the Privacy Policy of BFAML.
Proprietary Rights
The Platform and the contents thereof are for the sole use of the Users registered with us. The User accessing the Platform should not bring our name, our reputation or our products into disrepute.
All copyrights and other intellectual property rights in the materials on the Platform belong to us. While accessing the Platform, you shall be deemed to have acknowledged our copyright and other proprietary rights where they exist in any material provided. Permission given to access the Platform will not entitle you to any ownership or proprietary interest in the Platform or software underlying the Platform as well as other internet related software which are required for accessing the Platform. You further acknowledge and agree that all title and rights in and to any third party content that is incorporated into the Platform is the property of the respective content owners and may be protected by applicable patent, copyright, trademark or other intellectual property laws.
We own and hold all rights, license, title, and interest, to the Platform and all the information and data available on the Platform and we grant to you a limited license to access, view, download, print and share certain materials posted on the Platform solely in connection with providing the facilities offered on the Platform. You agree not to reproduce, duplicate, copy, alter, modify, transmit, create derivative works of, publish, sublicense, distribute, circulate, disassemble, decompile, reverse engineer or re-sell the Platform or any part thereof. You further agree that it shall not take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the ability of the Platform to function, or allow or assist any third party to do so. You shall not to access, without authority, or interfere with, damage or disrupt: a) any part of the Platform; b) any equipment or network on which the Platform is stored; c) any software used in the provision of the Platform; or d) any equipment or network or software owned or used by any third party.
Non Transferability
The grant of access to the Platform to the User is not transferable under any circumstances and shall be used only by the User.
BFAML, however, is at liberty to subcontract and employ agents to carry out its obligations in relation to provision of services and/or maintaining the Platform.
Indemnity
User shall indemnify BFAML/BFMF for all claims, liabilities, losses, damages and expenses which BFAML/BFMF may sustain or incur either directly or indirectly as a result of:
Providing to the User an access to the Platform and the facilities offered on the Platform
Unauthorised use of the Platform or by any third party through the login credentials of the User;
BFAML/BFMF in good faith taking or refusing to take any action on the electronic instructions received from the User;
Fraud, negligence/ mistake or misconduct by the User;
Any illegal or improper use of the Platform by the User;
Negligence or mistake or misconduct of the User;
Any delay or failure to process the transactions carried out by the User due to error, defect, failure or interruption or for any reason whatsoever; or
Breach or non-compliance of any of the Terms by the User.
Governing Law and Jurisdiction
These Terms and the use of the Platform shall be governed by the laws of the Republic of India.
The User and the BFAML/BFMF agree to submit to the exclusive jurisdiction of the courts in Pune as regards any claims or matters arising under these Terms. BFAML/BFMF accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Platform can be accessed through internet by the User in a country other than Republic of India shall not be interpreted to imply that the laws of such country govern these Terms and/or the use of Platform.
In case of a dispute, the matter will be settled by arbitration as per the rules of Arbitration and Conciliation Act, 1996. BFAML shall nominate the sole arbitrator and that the place of arbitration shall be Pune and the language of arbitration shall be English.
Waiver
Failure on the part of BFAML/BFMF to enforce any rights conferred by these Terms or any law / regulation shall not be deemed to be a waiver of any such rights.
User Communication and Grievance Redressal
In case you wish to offer your comments or feedback regarding this Platform or the online services offered on this Platform or if you wish to air any complaints or grievances, you may contact us on 1800-309-3900 or write to us at service@bajajamc.com.
Interpretation
The headings are used for convenience and ease of reference only and shall not affect the construction or interpretation of any provisions of these Terms;
The words, you, your, and User refer to the person(s) who access the Platform and shall include both singular and plural. Reference to masculine shall include the feminine and neuter gender.
Words and expressions used but not defined herein shall have the same meanings assigned to them in such Scheme Related Documents
In case of any conflict between the provisions of these Terms and the provisions of the Scheme Related Documents, the provisions of the Scheme Related Documents shall prevail;
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