Please read these Terms
and Conditions ("Terms" ) carefully before
using the “Website” which could mean either or both of www.mintwalk.com and the
"MintWalk" app (“App”). (collectively the
"Service" or “Services”). The Website and the App is owned and
operated by GetClarity Fintech Services Private
Limited (“Company”, “Mint walk”, "us", "we", or
"our").
Your (“you”, “your”,
“yourself” or “user”) access to and use of the Service is conditioned on
your acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who access or use the Service. You acknowledge that
you have read, understood and agree to be bound by these Terms and the Privacy
Policy available at the homepage of the Website.
We reserve the right, at
our sole discretion, to change, modify, add or remove portions of these Terms,
at any time without any prior written notice to you. It is your duty to
periodically review these Terms for applicable changes. Your use of the
Services even after posting changes to these Terms by us constitutes your
acceptance to those changes.
These Terms constitute
the entire agreement between the Company and you with respect to the subject
matter of these Terms.
By accessing or using the
Service, you agree to be bound by these Terms. If you disagree with any part of
the terms then you may not access the Service.
Privacy Policy and Data
Protection
MintWalk’s privacy policy can be accessed at http://www.mintwalk.com/app_privacy.html.
This privacy policy governs and explains the usage of your personal/technical
and other data that MintWalk has. You hereby agree
with the MintWalk privacy policy and give your
consent to MintWalk to use this data.
Terms and
Conditions for All Users
1.
Registration
While
you register on MintWalk by providing details like
email ID, Mobile Number, PAN Number, or any other detail sought, it would be
your responsibility to provide the correct information. This information can be
shared with the Regulatory bodies like SEBI/RBI/IRDA if and
when sought from MintWalk by these regulators
directly or through one our partners.
MintWalk and/or its
affliates shall use the Mobile number/Email
Address/Address Details provided by you to communicate with you. You also allow
MintWalk and/or its affiliates to call on the mobile
number provided by you to explain and/or facilitate your online/offline
transactions in mutual funds, to sort your queries regarding your account
onboarding, transaction placement and settlement and query/issue resolution
etc. You may opt out of some of these communications, if you deem fit. MintWalk would not be held responsible for non delivery of these communications as these
communications are carried through third party service providers which may be
beyond MintWalk’s control
MintWalk would also
generate alerts and news flash for you in your account. These could also be
sent as SMS/Notification on your Mobile number or as emails on your email
address provided to MintWalk. You hereby agree to
receive all these communications and alerts from MintWalk.
2.
Accounts
In order
to use the Services, you might be required to provide certain information
including but not limited to your name, age, gender, marital status etc. When
you use our Website, you are deemed to have opened an Account (“Account”) with
us irrespective of whether you have registered by creating a login id with us
or not. While creating such Account, you must provide us information that is
accurate, complete, and current at all times. Failure
to do so constitutes a breach of the Terms, which may result in immediate
termination of your Account on our Service and the Company reserves the right
to deny any and all current or future use of the Services.
It is
your duty to keep your Account and password secure and confidential and you are
also responsible for safeguarding the access to your mobile device that you use
to access the Service and for any activities or actions under your mobile
device.
You are
responsible for safeguarding the access to your password that you use to access
the Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.
You
agree not to disclose your password to any third party.
You must
notify us immediately upon becoming aware of any breach of security or
unauthorized use of your Account. You shall be held responsible for any losses
incurred by the Company or any third party user or visitor to the Services due
to authorized or unauthorized use of Your Account which is a consequence of the
user's inability to secure his/her account and the Company cannot and will not
be responsible for any loss or damage resulting from your failure to comply
with these conditions.
3.
Restricted Access
The
Company allows individuals who are at least 18 years old to create an Account
and to use the Services. You acknowledge that you are 18 years of age or older.
Users with age less than 18 years are not allowed to use the Website and
associate Services.
4.
Goals, Investment
Tools and Model Predictions
MintWalk shows a
selection of various Goals (”Goals”),
their potential costs and the saving strategy to help achieve these Goals. The
prices for these Goals now or in future could potentially change materially
from the prices shown on the Website and MintWalk
does not undertake that the saving strategy, if followed, would result in
saving sufficient funds to achieve these Goals.
MintWalk also does
not undertake actual purchase of these Goals on behalf of Users. A User would
have to undertake the purchase of these Goals on his own. MintWalk
does not guarantee availability of these products and/or at the cost mentioned
by MintWalk.
Although
MintWalk carefully evaluates potential returns based
on historic performance, MintWalk makes no
representation regarding the likelihood or probability that any actual or
proposed account allocation will in fact achieve a particular investment
outcome or Goal.
Past
performance is not a guarantee of future success, and in fact volatility means
that returns in any period may be far above or below those of previous period.
Some customers have investment results that materially differ from those
indicated by our investment tools and projections. MintWalk
is unable to predict or forecast market fluctuations or other uncertainties
that may affect the value of any investment. Model predictions are inherently
limited in that they do not represent actual trading nor material economic or
market factors that might have had an impact on MintWalk’s
advice. Portfolio performance projected by the Suggest Portfolio features are
based on MintWalk’s current recommended portfolios
and, for historic periods and broad market indexes. While the Suggest Portfolio features are designed to provide helpful investing
guidance, as a self-directed investor, you must carefully consider the
appropriateness of the proposed investments in light of your own personal
financial circumstances, including cash flow needs, tax circumstances, or other
complex or subjective concerns. You are urged to use all available resources to
educate yourself about investing in general, as well as the investments and the
overall composition of your MintWalk Account.
Additionally,
market conditions and your personal financial circumstances may change –
perhaps suddenly or maybe gradually over time. Monitoring and adjusting your MintWalk Account to suit changing circumstances is your
responsibility, and it is recommended that you reassess any investing program
on a regular basis to ensure that it remains consistent with your current
financial resources and investment objectives.
MintWalk uses third
party sources for part of the data displayed on the Website or for doing the
analysis based on which User is displayed ratings or saving strategies. We do
not undertake that all this third party data is
accurate and free of errors and we have undertaken sufficient checks to ensure
the quality of the data. If the underlying third party
data is inaccurate then the displayed data and/or analysis might be materially
different from the case when the data is inaccurate.
5.
Rating of Mutual
Funds Schemes
MintWalk undertakes
rating of various Mutual Funds schemes through its own proprietary methodology
on a quarterly basis. These ratings are generally displayed to Users as star
ratings along with mutual fund scheme names in the Website and are provided for
general User guidance on historic performance. These ratings take
into account historic performance, volatility of historic returns along
with the size of mutual fund schemes historically.
MintWalk undertakes
that the Mutual Fund scheme rating is not influenced by any compensation
received/likely to be received by MintWalk from any
mutual fund.
As MintWalk ratings are based on past performance, Users
should note that the ratings do not guarantee future performance or risk and
User should independently evaluate these Schemes. MintWalk
makes no representation regarding the likelihood or probability that any actual
or proposed investment in these mutual fund schemes will in fact achieve a
particular investment outcome or goal. MintWalk is
unable to predict or forecast market fluctuations or other uncertainties that
may affect the value of any investment in these rated mutual fund schemes. You
are urged to use all available resources to educate yourself about investing in
general, as well as the investments and the overall composition of your MintWalk account.
MintWalk also does
not undertake to continue with the ratings in future and in case of
discontinuation provide a substitute to this Service.
6.
Links To Other Web Sites
Clicking
on certain links within the Website or App or certain other websites that are
linked to the Website may take you to other websites, or
may display information on your computer screen from other websites, which may
not be maintained by MintWalk. Such websites may
contain terms and conditions, privacy provisions, confidentiality provisions,
or other provisions that differ from the terms and conditions applicable to the
Website. Links to other Internet services and websites are provided solely for
the convenience of users. A link to any service or website is not an
endorsement of any kind of the service or website, its content, or its
sponsoring organization.
MintWalk assumes no
responsibility or liability whatsoever for the content, accuracy, reliability
or opinions expressed in a website, to which the Website or App is linked (a
“Linked Website”) and such Linked Websites are not monitored, investigated, or
checked for accuracy or completeness by MintWalk. It
is your responsibility to evaluate the accuracy, reliability, timeliness and
completeness of any information available on a Linked Website. All products,
services and content obtained from a Linked Website are provided “as is”
without warranty of any kind, express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular purpose,
title, non-infringement, security, or accuracy.
7.
Limited Liability
Neither MintWalk nor any other party involved in the creation,
production or delivery of the information at the Website, nor the officers,
directors, employees or representatives of MintWalk,
are liable in any way for any indirect, special, punitive, consequential, or
indirect damages (including without limitation lost profits, cost of procuring
substitute service or lost opportunity) arising out of or in connection with
the Website or the use of the website or a Linked Website or with the delay or
inability to use the Website or a Linked Website, whether or not MintWalk is made aware of the possibility of such damages.
This limitation includes, but is not limited to, the transmission of any
viruses, data or harmful code that may affect your equipment or anyone else’s
equipment, any incompatibility between the Website’s files and your browser or
other Website accessing program, or any failure of any electronic or telephone
equipment, communication or connection lines, unauthorized access, theft,
operator errors, or any force majeure.
MintWalk does not
guarantee continuous, uninterrupted or secure access to the Website. The
content, accuracy, opinions expressed, and other links provided by Linked
Websites are not necessarily investigated, verified, monitored or endorsed by MintWalk. The information, software, products and
description of services published on the Website or a Linked Website may
include inaccuracies or typographical errors, and MintWalk
specifically disclaims any liability for such inaccuracies or errors. Changes
are periodically made to the information on the Website. MintWalk
may make improvements or changes to the Website at any time.
8.
No Warranties
All
products, services and content on the Website are provided “as is” without
warranty of any kind, express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, title,
non-infringement, security, or accuracy. MintWalk
does not endorse and is not responsible for the accuracy or reliability of any
information on the Website. It is your responsibility to evaluate the accuracy,
reliability, timeliness and completeness of any information available on the
Website. MintWalk specifically disclaims any duty to
update the information on the Website.
9.
Indemnity Policy
You agree to indemnify, defend, and hold MintWalk
harmless from any liability, loss, claim, damages, demands, costs and expense,
including legal fees incurred by the Company in relatetion
to your violation of these Terms or the use of the services, information
provided at the Website, or by virtue of, any breach of any representation, any
applicable laws, regulations including but not limited to Intellectual Property
Rights, violation of rights of privacy or loss of service by other subscribers
and infringement of intellectual property or other rights, warranty, contract
made or obligation to be performed by You as a User to the Website and your
obligation to comply to these Terms.
10. Confidentiality of Information
MintWalk has taken
reasonable steps to ensure the confidentiality of information taken at the
Website and transmitted via the Internet. However, unexpected changes in
technology may be used by unauthorized third parties to intercept confidential
information and we cannot be responsible should confidential information be
intercepted and subsequently used by an unintended recipient.
Please
read our customer Privacy Policy for further information on
confidentiality of information.
11. Manner of Use
Subject
to your compliance with these Terms, the Company hereby grants you permission
to use the Services, provided that you shall not:
12. Access and Interference
You
agree not to engage in any of the following:
13. Secured Areas
Access
to and use of password protected and/or secure areas of the Website is
restricted to authorized users only. Unauthorized persons attempting to access
these areas of the website may be subject to prosecution.
14. Telephone Call Monitoring and Recording
Authorized
employees or agents of MintWalk may monitor and
record all or portions of your telephone calls to MintWalk
for quality control, customer service, employee training, security, legal
compliance, and other lawful purposes. Your consent will be ongoing and need
not be confirmed prior to, or during such monitoring or recording, except to
the extent applicable law expressly requires otherwise.
15. Electronic Communications
The
Website provides you MintWalk’s e-mail addresses so
that you may communicate electronically by sending an e-mail message to MintWalk. All e-mail sent to and from MintWalk
will be received or otherwise recorded by the MintWalk
corporate e-mail system and is subject to archival, monitoring or review by
and/or disclosure to, someone other than the recipient. Communications through
the website may involve the electronic transmission, to any e-mail address you
provided to us, of information that you may consider to be personal financial
information and you agree and consent to such transmission of such information.
You agree not to use e-mail to transmit any confidential personal information.
It is your responsibility to update or change your e-mail address, as
appropriate.
16. Service Availability
Subject
to applicable laws, we may modify, alter, defer or stop any Services, or may
start levying a fee prospectively, at our complete discretion, after giving a
prior notice to you in this respect.
17. Third-Party Software
In order
to provide Services to you, the Company may use third-party software. If you
try to separate the third party software from the Services and then further use
it any manner which is inconsistent with the manner as enumerated in the third
party software’s terms of use, is illegal or against public policy then you
will be liable for the same according to the governing law and jurisdiction as
mentioned in their respective terms of use and privacy policy. You also agree
to indemnify the Company to full extent for the said acts subject to the
applicable laws.
18. Privacy
For us
your privacy is a very important principle. We understand clearly that you and
your personal information is one of our most important assets. We collect, use
and store your personal information or any sensitive personal data or
information, on networks/database that may be protected by physical as well as
reasonable technological security measures and procedures. Our current Privacy
Policy is available on www.mintwalk.com/privacy.html.
If you object to your Information being transferred or used in this way please do not use the Services.
19. Intellectual Property
The
entire contents of the Website, including its "look and feel" are
property of MintWalk and are protected under
Intellectual Property laws. You agree not copy or distribute any part of the
Website without approval.
The
Company strictly reserves all intellectual property rights in all text,
programs, products, services, features, processes, technology, content and
other materials listed on the Services. Access to the Services does not award
and shall not be considered as conferring upon anyone any license registered
under the name of the Company. All rights, including copyright, in this website
are owned by or licensed to Company. Any usage of this website or its contents,
including copying or storing it or them in whole or part, for personal,
non-commercial use is prohibited without the permission of the Company. The
names, logos, design marks and slogans are the trademarks or service marks of
the Company. All software used on theServices is the
property of the Company or its licensees protected by Indian intellectual
property laws.
20. Termination
If the
user is in violation with the terms & conditions of this Terms, Privacy
Policy or is found to be misusing the Services, then the Company, may at any
time, without any prior notice terminate a user’s access to the Services. The
Company also reserves the right to terminate the Account of any user at any
time at its sole discretion or if required by law.
Upon
termination, your right to use the Service will immediately cease. If you wish
to terminate your account, you may simply discontinue using the Service.
All
provisions of the Terms which by their nature should survive termination shall
survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
21. Newsletters and Communication
You
hereby expressly consent to receive communications and newsletters from the
Company by SMS and e-mails. You can unsubscribe / opt-out from receiving
communications and newsletters from the Company at any time by following the
procedure set forth in the Website and/or App.
Any
feedback You provide to this Websiteand/or App shall be considered to be non-confidential. The Company shall be
free to use such information on an unrestricted basis. Further, by submitting
the feedback, you represent and warrant that (I) Your feedback does not contain
confidential or proprietary information of You or of any other third party (ii)
The Company is not under any obligation of confidentiality, express or implied,
with respect to the feedback; and (iii) You are not entitled to any
compensation or reimbursement of any kind from the Company for the feedback
under any circumstances
22. Governing Law
These
Terms shall be governed and construed in accordance with the laws of
Maharashtra, India, without regard to its conflict of law provisions.
If any
dispute or difference either in interpretation or any terms of this Agreement
arises between the parties, the same shall be referred to an independent
authority who will be appointed by the Company and its decision shall be final
and binding on the parties. The above arbitration shall be in accordance with
the Arbitration and Conciliation Act, 1996 as amended from time to time. The
arbitration shall be held in Mumbai
23. Assignment
This
Terms and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by the Company without restriction.
24. General
25. Grievance Officer
In
accordance with Information Technology Act 2000 and Information Technology
(Intermediaries Guidelines) Rules, 2011 made there under, the contact details
of the Grievance Officer are provided below in order to contact him when you
have some problem or grievance with respect to the Services of the Website:
Attn:
Grievance Office
Mr. Vaibhav Patil
vaibhav.patil@mintwalk.com
Additional Terms
and Conditions for Investment Account Users (Distribution)
Investment Accounts
(Distribution)
Once you have created an
Account with us, and you want to use our Distribution Services (as defined
herein below), you would be required to create a login account with us. In
order to create a login account, you are required to provide certain additional
information to us. Once you provide such information as may be required, you
are deemed to have opened an Investment Account (Distribution) with the Mutual
Fund Distribution division of GetClarity Fintech
Services Private Limited (Distributor). Along with the Terms and Conditions
applicable to all Users as abovementioned, Investment Account (Distribution)
holders are additionally also required to comply with the Terms and Conditions
under this section.
Distributor is registered
with Association of Mutual Funds of India (AMFI) and has a registration code of
ARN107889. Distributor is also separately empanelled
with various AMCs in India and is allowed to
distribute their Mutual Fund schemes subject to certain terms and conditions.
Distribution Services
Distributor would offer
the following Distribution Services (hereinafter referred to as Distribution
Services) to Investment Account (Distribution) Users
Eligibility
The Service under the
Investment Account (Distribution) is currently available only to
User Obligations
User Authorisations, Confirmations and Consent
Distributor’s
Limitation of Liability
No liability or responsibility
will be on the Distributor for:
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