Terms and Conditions

OVERVIEW

This website is operated by FINVESTR CAPITAL. (hereinafter referred to as “FINVESTR”) Throughout the site, the terms “we”, “us” and “our” refer to FINVESTR CAPITAL. who offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Advisory

In this Agreement, unless otherwise defined, the following terms shall have the meaning as follows:

Portfolio means the Securities held by the Clients pursuant to investments made on the advice of the Investment Advisor under this Agreement;

Investment Plan shall mean the investment plan structured by the Investment Advisor pursuant to this Agreement;

Funds shall mean the monies deployed by the Client towards investments suggested by the Investment Advisor under this Agreement;

Regulations shall mean the SEBI (Investment Advisor Regulations) 2013 issued by the Securities and Exchange Board of India;

Securities shall mean all the securities as defined in Sec 2(h) of Securities Contract (Regulation) Act, 1956.

1. Appointment: The Client hereby appoints the Investment Advisor to provide financial planning services and advice on investing in, purchasing, selling or otherwise dealing in Securities or investment products, and advice on investment portfolio containing Securities under the terms and conditions of this Agreement.

2. Scope of Services: The services under this Agreement shall be restricted to the following scope:

• The Services be limited to devising an Investment Plan and advising the Client with respect to Portfolio strategy and investment and divestment of Securities and Funds held by the Client, on a non-exclusive basis for an agreed fee structure and for a period hereinafter described, entirely at the Client’s risk.
• The Investment Advisor’s authority over the Client’s investments shall only extend to services as described above. The actual investment shall be undertaken by the Client.
• The Client has the sole discretion to decide on whether to act upon the advice tendered by the Investment Advisor and the Investment Advisor shall have no power, authority, responsibility or obligation to ensure or cause the client to act upon the advice tendered by investment advisor pursuant to this agreement.

3. Responsibilities of the Client:

• Provide the Investment Advisor with clear investment objectives including, but not limited to, period and purpose of investment, income details, existing investments, risk appetite etc., and other pertinent matters as may be reasonably required by the Investment Advisor from time to time.
• Authorize the Investment Advisor to respond to inquiries from, communicate and share information with the Client’s accountants, legal counsel, advisors and other consultants or professionals as deemed necessary by the Investment Advisor to provide its services to the Client and/or as requested by the Client.

4. Terms:This agreement shall commence on ________________ (hereinafter referred to as the “Date of Commencement”) and remain valid for a period of five (5) years therefrom. On expiry, the Agreement shall be deemed to be renewed ipso facto for another five (5) years unless agreed otherwise by the Parties.

5. Consideration and Expenses:

• The Parties agree that the consideration for the Services provided herein shall be assessed on Monthly / Quarterly/ half yearly or yearly basis as may be mutually agreed by the parties where the yearly term shall commence on the “Date of Commencement” of this agreement (hereinafter referred to as the “Financial Calendar”) every year.
• The calculation of the fees shall be on the basis of “fixed fee” and “return based fee” in accordance with the terms set forth under Annexure I of this Agreement attached herein below.
• The Client shall also pay any applicable taxes, levies or duties, including service tax that may be levied on any transactions undertaken pursuant to this Agreement.
• In the event that the Client defaults on payment of consideration of services in accordance with the terms set forth under Annexure I after thirty (30) days from when due notice of default has been served, the Investment Advisor may disable the access of the Client to his/her Client Account.

6. Termination:

• It is agreed that either party to this Agreement shall have the right to terminate this Agreement without having to assign any reasons, by providing the other party, a thirty (30) days’ prior written notice of the same.
• Without prejudice to any other remedy available at law or equity, in the event of default by either of the Parties, the non-defaulting Party shall have the right to terminate this Agreement forthwith in the event of the defaulting Party failing to perform or rectify such breach of its obligations under this Agreement within a period of thirty (30) days from the date of notice to rectify such default.
• It is further agreed that in the event of termination of this Agreement, the Client shall be liable to pay the fee due till the date of termination of this Agreement on a pro-rata basis of assessment subject to Annexure I attached herein under.

7. Confidentiality: The Investment Advisor agrees to handle all information provided by the Client with utmost care and confidentiality in accordance with applicable regulations and prescribed industry standards. However, if required by an appropriate government authority or by the Regulations, the Investment Advisor may have to divulge said confidential information but agrees to provide appropriate notice to the Client before doing so.

8. Investment Risks: The Client expressly acknowledges and agrees that all investments are subject to third party risks, market risks etc., and in no circumstance shall the Investment Advisor be liable for any losses suffered by the Client as a result of any investment made pursuant to this Agreement. A list of such risks has been described in Annexure II of this Agreement; however, it shall in no manner serve as conclusive list of all possible risks that could arise out of such investment.

9. Limitation of Liability:

• The Parties hereby agree that the risks and losses incurred by the Client in pursuance of financial advice rendered by the Investment Advisor shall be borne solely and exclusively by the Client and/or any legal representative of the Client.
• The Client understands that the responsibility of the Investment Advisor does not extend beyond providing a financial advice that is best suited to the investment needs of the Client and as such any investment decision made by the Client, relying completely or in part, upon the financial advice rendered by the Investment Advisor shall be deemed to have been made voluntarily and independent of the Investment Advisor’s influence.
• The Client understands that the financial advice rendered by the Investment Advisor is subjective and unique to the investment related needs and the financial situations of the Client and is designed in the light of the market conditions. Any advice rendered to a third party by the Investment Advisor and benefits thus accrued or the losses incurred by the same shall have no bearing whatsoever upon the unique financial advice rendered to the Client.
• The Client Further agrees that any risk undertaken and/or loss incurred by employing the unique financial advice rendered by the Investment Advisor to a third party shall be the responsibility and/or the liability of the Client and/or any legal representative thereof.
• The Investment Advisor undertakes to render financial advice best suited to the Client’s requirement with considerable diligence. The Investment Advisor shall not be liable for any loss incurred by the Client during or after the term of this Agreement.

10. Conflict of Interests: The Client also understands that the Investment Advisor may give advice or take action in performing their duties to other clients, or for their own accounts, that differ from advice given to or acts taken for the Client. The Investment Advisor is not obligated to buy, sell or recommend for Client any security or other investment, that the Investment Advisor may buy, sell or recommend for any other Client or for its own accounts. This Agreement does not limit or restrict in any way Investment Advisor from buying, selling or trading in any security or other investments for their own accounts, subject to compliance with the Regulations.

11. Execution/Distribution Services: The Investment Advisor company also provides services involving execution of the said investments through a Separately Identifiable Department (SID). Should the Client wish to avail of the said execution services, it shall enter into a separate agreement for the same. In case the Client also avails of the execution services, the investment advice rendered to the Client may be made available in a central depository where the SID providing execution services may access the same. This will only be done on the express authorization of the Client, and incompliance with the Regulations, to ensure smooth processing for the Client.

12. Notice: Any notice, demand or other communication to be made under or in connection with this Agreement shall be made in writing unless otherwise stated. Such notice, demand, request or other communication shall be deemed to have been duly given or made when it shall be (i) delivered personally; or (ii) sent by facsimile; or (iii) sent by registered mail with acknowledgement due, postage prepaid or courier; or (iv) sent by email (provided that the email is followed up with a copy by any of the aforesaid modes) to the addresses as mentioned above.

Any change in the same must be intimated to the other Party at the earliest.

13. Arbitration and Dispute Resolution:

• Any dispute in connection with the interpretation, performance, termination of this Agreement, or otherwise in connection with this Agreement (“Dispute”) shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, as may be amended from time to time, or any re-enactment thereof, by a sole arbitrator to be mutually appointed by both Parties.
• The arbitration proceedings shall be conducted at Bengaluru, in the English language.
• The arbitration award in respect of a Dispute shall be final and binding on the Parties, and enforceable in accordance with its terms. The arbitrator shall state reasons for his / her findings in writing. The Parties agree to be bound thereby and to act accordingly.

14. Governing law and Jurisdiction:

• The terms & Conditions of this Agreement shall be governed by the Laws of India.
• The Parties agree that the courts in Bengaluru shall have exclusive jurisdiction over any dispute arising out of this Agreement.

15. Consideration and Expenses:

• The Parties understand that the services provided under this Agreement are solely to ease the process of investment for the Client.
• FINVESTR may receive commissions (in the form of Trail Commission or any other mode) from the Investment Platform which could be either be from the platform itself or from any product company or could be an insurance or investment product as the case may be, for carrying out services under this Agreement.

16. Term: This agreement shall commence on the date of execution and remain valid for a period of five (5) years therefrom. On expiry, the Agreement shall be deemed to be renewed ipso facto for another five (5) years unless agreed otherwise by the Parties.

17. Termination:

• It is agreed that either party to this Agreement shall have the right to terminate this Agreement without having to assign any reasons, by providing the other party, a thirty (30) days’ prior written notice of the same.
• Without prejudice to any other remedy available at law or equity, in the event of default by either of the Parties, the non-defaulting Party shall have the right to terminate this Agreement forthwith in the event of the defaulting Party failing to perform or rectify such breach of its obligations under this Agreement within a period of thirty (30) days from the date of notice to rectify such default.

18. CONTACT INFORMATION

• Questions about the Terms of Service should be sent to us at support@finvestr.com