Home : Term of use for ChatBot and WhatsApp

‘‘Chatbot’ via TATA MF ‘website’ and ‘WhatsApp’ for Investors – Terms of Use”

Thank you for visiting the TATA MF website. These terms and conditions (hereinafter referred to as "Terms") are for Investors who wish to use the ‘chatbot’ feature via ‘WhatsApp’ (hereinafter collectively referred to as "the Platform"); and website to undertake transactions in the schemes of Tata Mutual Fund ("Tata MF") that are managed by Tata Asset Management Limited ("Tata AMC") (jointly hereinafter referred to as "we", "us", or "our").

This page sets forth the Terms applicable for the access and use of the Platform for every person who visits the 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 Platform. By using the 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 TATA AMC. These Terms shall always be read in conjunction with our Privacy Policy and the Terms of Use of our website available on  https://www.tatamutualfund.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.

This Platform for Tata MF investors is powered by Jio Haptik Technologies Limited (“Haptik”) and hence the terms and conditions of Haptik for access and use will also apply. Kindly refer to the same on website: https://haptik.ai/privacy-policy/

Further, kindly note that the terms and conditions of WhatsApp for access and use will also apply. Kindly refer to the same on WhatsApp website: https://www.whatsapp.com/legal/?lg=en&lc=US&eea=0

Eligibility

Only for ‘Resident Indian’ adults having the mode of holding/operation as ’Single’ or ’Anyone or Survivor’; who are eligible to invest in schemes of Tata MF 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 Tata MF  and have already registered their mobile number and e-mail id with Tata  AMC/Tata MF - are entitled to use the Platform. Access to Platform shall not be available to US Persons (i. e., a U.S. person within the meaning of Regulations 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.

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.
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 Tata MF. 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.

For Users who are existing investors of Tata MF, the contact details shall be as per the details available with Tata AMC/Tata MF.

You hereby confirm that you shall not use the Platform for any unlawful or improper purposes. Tata AMC/Tata MF shall be authorized to immediately discontinue/suspend/terminate your access to the Platform upon being made aware of any such unlawful or improper use of the Platform.

Minor investors: The Platform may be accessed on behalf of a minor unit holder/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 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 Tata AMC/Tata MF 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 Tata AMC/Tata MF 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.

Tata AMC/Tata MF 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 Tata AMC/Tata MF that all facilities that are available under the offline/physical mode shall also become available to the User on the Platform. Tata AMC/Tata MF may also, at its sole discretion, make additions modifications and/or deletions to the services and/or facilities that are presently offered on the Platform.

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 and consequences from time to time so as to remain compatible with that of the Platform; and you also would require a proper uninterrupted internet connection.

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 or reason 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 providing any advance notice or reason to Users. 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. However, 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 or using the 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, we cannot provide any guarantee from such internet frauds, hacking and other risks associated with the internet. Security
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 Tata MF, including through offline/physical mode and there is no assurity regarding uninterrupted availability of the Platform to its Users

General Terms

Amendments: These Terms may be amended or modified at any time and for such reason as Tata AMC 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: Tata AMC 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.

Tata AMC shall be entitled to withdraw or terminate all or any facilities offered under the Platform without assigning any reason whatsoever, without any prior notice to the User.

Tata AMC shall not be liable for any loss or damage that may be sustained by any User on account of such suspension/withdrawal/termination by Tata AMC.
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 responsibility or liability for the consequences arising out of any erroneous information supplied to us. 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 are duplicate 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 Tata AMC. 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.

Disclaimers

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.
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.

We do not have any direct agreement or tie-up with WhatsApp and we shall not be responsible for any of the communication sent or received by the User over WhatsApp or the services provided by WhatsApp to the Users particularly in relation with data privacy or data integrity.

Liability

Tata AMC/Tata MF 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.
Tata AMC/Tata MF shall also not be liable for any unauthorised transactions occurring through the Platform and the User hereby fully indemnifies and holds Tata  AMC/ Tata MF harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.

Tata AMC/Tata MF 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, faults in computer systems, 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 Tata AMC/Tata MF.

Under no circumstances shall Tata AMC/Tata MF be liable for any damages whatsoever whether such damages are direct, indirect, incidental or 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 Tata AMC/Tata MF or will result in suspension / termination of the access to the Platform extended to the User. The aforesaid does not limit rights of Tata AMC/Tata MF 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 process your requests for any of the services provider who render business of international messaging services or is partnered with WhatsApp for providing the services
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 or other alters 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.

We reserve the right to record telephonic conversations with Users for quality control purposes.

The confidentiality obligations of Tata AMC/Tata MF shall be subject to the Privacy Policy displayed on the website http://www.tatamutualfund.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 Tata AMC/Tata MF.

Indemnity

User shall indemnify and keep indemnified and hold harmless, Tata AMC/Tata MF for all claims, liabilities, losses, damages and expenses which Tata AMC/Tata MF 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 User’s personal and financial information

Tata AMC/Tata MF 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 Tata AMC/Tata MF agree to submit to the exclusive jurisdiction of the courts in Mumbai as regards any disputes, claims or matters arising under these Terms. Tata AMC/Tata MF 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. Tata AMC shall nominate the sole arbitrator and that the place of arbitration shall be Mumbai and the language of arbitration shall be English.

Waiver

Failure on the part of Tata AMC/Tata MF to enforce any rights conferred by these Terms or any law / regulation shall not be deemed to be a waiver of any such rights.

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.
User may print copies of the Site's Content, provided that these copies are made only for the Permitted Uses and that user include any notices and any legal information contained in the Site Content, such as all copyright notices, trademark legends, or other proprietary rights notices as well as all legal caveats furnished in the footnotes or under “Important Legal Information” as shown on the screen or through a link. Limited linking to the Site is permitted if done in full compliance with all applicable laws, these Terms of Use, our Linking Policy and our Logo Use Policy
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.

Declaration

The information and data contained in this Website do not constitute distribution, an offer to buy or sell or solicitation of an offer to buy or sell any Schemes/Units of Tata Mutual Fund, securities or financial instruments in any jurisdiction in which such distribution, sale or offer is not authorised. The material/information provided in this Website is for the limited purposes of information only for the investors. In particular, the information herein is not for distribution and does not constitute an offer to buy or sell or solicitation of an offer to buy or sell any Schemes/Units of Tata Mutual Fund, securities or financial instruments to any person in the United States of America ('US')/Canada.

Currently, the funds of TATA Mutual Fund have not been registered under the United States Securities Act of 1933 (the 'Securities Act') or under the securities laws of any state and the funds have not been registered under the Investment Company Act of 1940 (the 'Investment Company Act') of the United States. Units in the funds are therefore not being offered or sold within the United States/ Canada or to United States/ Canadian Persons.

By entering this Website or accessing any data contained in this Website, I/We hereby confirm that I/We am/are not a U.S. person, within the definition of the term 'US Person' under the US Securities laws/resident of Canada. I/We hereby confirm that I/We are not giving a false confirmation and/or disguising my/our country of residence. I/We confirm that Tata Mutual Fund/Tata Asset Management Limited (TATA AMC) is relying upon this confirmation and in no event shall the directors, officers, employees, trustees, agents of TATA AMC associate/group companies be liable for any direct, indirect, incidental or consequential damages arising out of false confirmation provided.