Terms and Conditions for Usage of Online Transactions
These Terms and Conditions set out herewith are binding for Transacting Online through Internet on Tata Mutual Fund's website: https://www.tatamutualfund.com/titanium-sif using the facility for KYC Compliant Investors new to Titanium SIF (SIF) offered by TITANIUM SIF through its Investment Manager, Tata Asset Management Limited. You are requested to read these Terms and Conditions carefully before investing. By accepting these Terms and Conditions you hereby acknowledge that you have read, understood and agree to them.
TAML is registered with the Securities and Exchange Board of India (SEBI) to act as the Investment Manager for the Investment Strategies of Titanium SIF. TAML has a dedicated website at https://www.tatamutualfund.com/titanium-sif which provides information and downloads relating to TAML and the Fund, including the facility of Online subscription of units and creation of folio and such other services/facilities as detailed herein.
The Investor/s defined here is/are KRA KYC compliant Investor/s and is/are desirous of availing of the services/facilities available through the Website of the Fund and has/have accepted these terms and conditions:
1. Terms of Services
Investors' Authorization and consent for Online Folio Creation: The Investor/s hereby authorize/s the Fund, who in turn, may authorize any of its service providers, to extend the Facility of creation of folio and accept purchases/subscriptions from the Investors, including an irrevocable authorization to the Fund to act upon any electronic instruction/s given to the Fund through use of the Facility in connection with the Online Transactions (hereinafter referred to as the "Instructions"), including creation of folio and performing the Online Transactions under the folio through the website and as may be permitted by the Fund under the Facility from time to time.
Folio Number shall mean the Folio Number allotted to the Investor and hereinafter referred to as "Folio Number". TAML reserves the right to change, amend or modify the website as may be intimated from time to time.
Usage of, or subscription to, the Facility shall be in addition to, and not in substitution of, the existing procedure for conducting the transactions, the services of which are available through Online Transactions as well.
The Fund shall not be responsible for any errors that may be committed by the Investor/s in the process of conducting any Online Transaction/s or for error or failure of the transaction over internet due to any network problems. The Investor/s shall make only one application for each transaction, either in physical or electronic form.
2. Procedure
2.1 Who can operate: Only existing KYC Investors who are KRA KYC verified with any one of the KRA i.e. CAMS KRA, CVL KRA, NSDL KRA and DOTex KRA.
Investor/s need to have a valid registered email ID, mobile number and Bank Account Number to avail of the facility. If the mode of holding is 'single' the facility will be available to the sole Investor. If the mode of holding is 'anyone or survivor' the Investor/s of such Account agree and confirm that TAML/TITANIUM SIF shall not be in the position to verify the user of the website and thereby shall not be responsible/liable for any transaction/s arising out of misuse of the facility by any of the joint holders.
If the Investor is a minor, the parent / legal guardian shall be eligible to avail of the facility till the minor attains majority. The parent/guardian agrees not to use the Facility once the minor attains majority. In case of HUF, the details of the HUF need to be entered and the date of Incorporation of HUF is required and it shall be deemed that the transaction is initiated by the Karta. The facility is currently not available for the Non-Individuals like body corporates, firms or trusts.
3. Services Offered
The Investor/s may access the following services via the facility:
- Subscription / purchases of units of TITANIUM SIF Investment Strategies Online.
- Online Creation of Folio
The Investor/s hereby agree/s and confirm/s that the services mentioned herein above are only an inclusive list, and the Fund may add or remove any services it may in its absolute discretion decide, which services the Investor may use the Facility to access and utilise.
4. TAML Warranties
TAML will make best efforts to keep the Website updated on a daily basis, so as to provide upto date information to Investor/s. The Investor/s also agree/s that the look and feel of the web screen and outputs there from may differ based on the nature of the software used by the Investor/s to browse the Website.
TAML agrees to take best efforts to protect security of the data placed on the Internet and has for this purpose required the service provider to sign a confidentiality agreement specifying confidentiality of the data and to restrict external access to the database on the Internet.
TAML/ service provider may, in the interest of the Investor/s, request a fax confirmation of the instructions and any additional information TAML/service provider may require. In such an event, TAML/service provider shall not be bound to act on electronic instructions received, until the said fax confirmation and additional information is received from the Investor/s, in a form and manner acceptable to TAML/service provider.
The Investor/s confirm/s and agree/s that he/she/they shall at all times be bound by any modification and/or variations made to the Terms and Conditions hereof and as notified on the Website. TAML shall not be required to give the Investor/s individually any separate notice of any of the modification and/or variations that have been notified on the Website.
5. TAML Disclaimers
Neither TAML nor the service provider shall be liable for any unauthorized usage of the facility or any loss or damage or other consequences there from. Further, neither the Fund, nor TAML nor the service provider shall be liable at all for any misuse if any, of any data accessed through the Internet by third parties. Without prejudice to any other provisions of this Agreement, TAML and its service provider shall not be liable for any loss or damage whatsoever caused arising directly or indirectly in connection with the services and/or this Agreement.
TAML and the service provider have the absolute discretion to withdraw/amend the services provided, or amend or supplement any of the above terms and conditions at any time without prior notice to the Investor/s.
The Investor/s confirm/s and agree/s that he/she/they shall at all times be bound by any modification and/or variations made to the other Terms and Conditions and as notified on the Website. The Fund shall not be required to give the Investor/s individually any separate notice of any of the modification and/or variations that have been notified on the Website.
6. Investor/s Covenants
6.1 The Investor/s hereby accept/s that he/she/they has/have read and understood the terms and conditions detailed in the ISID/SAI/KIM Risk factor and Disclaimers of the respective Investment Strategy(ies) and that he/she/they is/are eligible to make investments in the Units of the Investment Strategy. Investor/s will comply with the terms and conditions for Know Your Customer (KYC) and Restrictions on Acceptance of Third-Party payments for subscription of units.
The Investor/s hereby accept/s that the payment for subscription/purchase of the units of the Investment Strategies shall be made from his own savings bank account(s) and that the payment is in compliance with the provisions detailed under "Restrictions on Acceptance of Third Party payments for subscription of units" in the ISID/SAI. In line with regulations under the provisions of the Prevention of Money Laundering Act, 2002 (PMLA), I/We hereby confirm that the funds for this purchase are being debited from my/our account, which is also registered with Titanium SIF in the said folio.
A) Subscriptions & Switch-ins โ Applicable NAV
| Condition | Applicable NAV |
|---|---|
| Valid application received up to 3:00 p.m. on a Business Day & funds available for utilization (entire amount credited to the bank account of the Investment Strategy before cut-off time) | Closing NAV of the day shall be applicable. |
| Valid application received after 3:00 p.m. on a Business Day & funds available for utilization (entire amount credited after cut-off time) | Closing NAV of the day on which funds are available for utilization. |
| Switch transactions | Funds made available based on redemption payout cycle of the switch-out Investment Strategy. |
B) Redemption/Switch Out: In respect of application received up to cut-off, closing NAV of the day of receipt of application shall be applicable. In respect of application received after cut-off, closing NAV of next business day shall be applicable.
The server time at the instance of confirmation of the transaction will be considered as the final time to determine transaction time, cut-off time and consequent applicable NAV. The number of units allotted or redeemed will be calculated based on the cut-off time and Applicable NAV as per SEBI guidelines.
Note that in case of Transactions through OTM transactions: NAV applicability is dependent on realization of funds and funds available for utilization even though investor is account debited on the respective SIP dates.
Investor/s confirm/s that, the ARN Holder has disclosed to Investor/s all the commissions (in the form of trail commissions or any other mode), payable to Investor/s for the different Investment Strategies of various Mutual Fund from amongst which the Investment Strategy is being recommended to Investor/s.
Investor/s declare/s, confirm/s and agree/s:
- That all the particulars and information given for opening the Investment Account is true, correct, and complete and up to date in all respects and Investor/s has/have not withheld any information.
- That, Investor/s will, at all times, be responsible for his/her/their investment decisions and/or orders placed, or applications preferred by Investor/s, either electronically or otherwise. Investor/s will not hold, or seek to hold, AMC and/or any of its officers, directors, employees, agents, subsidiaries or affiliates, liable for any loss including but not limited to investment losses incurred by Investor/s.
- Investor/s understand that the access to the online platform is given on the basis of the statements and declarations made by Investor/s. Investor/s undertake to ensure that this facility would be put into action for bonafide transactions not involving any violations of the provisions of Government of India or any other applicable law or regulation in force in India.
- Investor/s understand that if Investor/s submit/s any offline/physical transaction application to AMC for purchase, redemption, switches, etc. which requires physical signatures, such transactions will be processed by AMC/Registrar only if his/her/their signature on the application matches with the signature as available in KRA records. Investor/s agree/s that any mismatch in signature would result in rejection of his/her/their application.
- Investor/s understand that if Investor/s agrees that by mentioning RIA code, I / we authorize you to share with the SEBI Registered Investment Adviser (RIA) the details of my / our transactions in the Investment Strategies(s) of Titanium SIF
- Investor/s hereby confirm that the bank account from which the payments will be made for the transaction would be held in first / Sole Investor/s name and shall not belong to any third party and no payments shall be made from a third-party bank account.
- That AMC Reserves the right to ask any additional documentation or verification in the future with respect to this transaction or any future transaction executed through this website.
- The Investor/s agree/s and confirm/s that if at any stage it is found by the TAML/Authorised Registrar that the information provided by Investor/s is incorrect/false/erroneous, then TAML/Authorised Registrar may at its sole discretion reject allotment of Units and such decision shall be final and binding on Investor/s.
6.2 The Investor/s hereby agree/s that access of any facility as the case may be, will be deemed acceptance of the other terms and conditions as posted on the Website and the Investor/s will unequivocally be bound by such terms and conditions. The Investor/s agree/s and authorizes the Fund, its service provider to execute, comply with all or any instruction(s) given to the Fund through use of the facilities available on the website.
6.3 It shall be the sole responsibility of the Investor/s to ensure adequate protection, confidentiality and secrecy of the transaction and any disclosure thereof to any other person shall be entirely at the Investor/s risk. The Fund/TAML or its Service Provider will not accept any kind of responsibility or liability for any loss, damage or harm in such cases.
6.4 The Investor/s shall be solely responsible for ensuring adequate security measures to help prevent unauthorized access or use of the Facility to their transactions and bank accounts, and TAML/service provider shall not be liable of any such unauthorized access and protection of his/her/their computer against any computer virus.
6.5 The Fund, TAML, along with its directors, employees, agents, executors, successors and assigns shall not be liable for any damages or injuries arising out of or in connection with the use of the website or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, computer failure or malfunctioning, or interruption of business. All records of the Fund/service provider, whether in electronic form, magnetic medium, documents or any other with respect to instructions received for use of the Facilities shall be conclusive evidence of such instructions and shall be binding on the Investor/s. In case of any discrepancy in the details of any transaction, the Investor/s shall intimate the service provider/TAML/the Fund within 10 days of receipt of the statement.
7. No Waiver
No forbearance, delay or failure on part of the Fund/TAML/service provider to exercise any power or right under these terms and conditions shall operate as a waiver of such power or right, nor shall any single or partial exercise of such power or right preclude any further exercise of that or any other power or right.
8. Disclaimer
Mutual Fund Investments are subject to market risks. The Investment Strategy Information Document (ISID) and Statement of Additional Information (SAI) provided on the website set forth concisely the information about the Investment Strategies that an investor should know before investing. The particulars of the Investment Strategies have been prepared in accordance with the provisions of the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996, as amended till date and filed with SEBI and the units being offered for public subscription have not been approved or disapproved by SEBI nor has SEBI certified the accuracy and adequacy of the SAI and ISID. TAML will not be liable or responsible in any manner whatsoever for any omissions, errors or investment consequences arising from the use of this material by the Investor/s.
9. Confidentiality
The Fund/TAML/its service provider shall keep the information relating to the transactions of the Investor/s using the Facility, confidential. Provided however that the Fund is entitled to disclose any information or particulars pertaining to the Investor/s to any authority, statutory or otherwise as may be required by law.
10. Privacy
TAML or its service provider shall not sell or market any personal information or personalized data of its Investor/s to unaffiliated organizations. TAML and the Service Provider shall maintain the personal information and data of the Investor/s according to strict standards of security and confidentiality.
11. Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of India. The Courts of Mumbai (and in case of any proceedings in the City Civil Court or in the Small Causes Court, the Courts in South Mumbai) shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement. Any dispute arising out of or in connection with these Terms and Conditions will be referred to arbitration of a sole arbitrator to be appointed by TAML, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any enactment thereof. The Arbitral proceedings shall be conducted in Mumbai, in the English Language and the Arbitral Award shall be final and binding upon the parties.
12. Notice
Any notice, communication or documents required to be given by either Party to the other with respect to these terms and conditions, may be given by personal delivery, registered post, fax, or by any other electronic medium as may be agreed by both parties from time to time, at the following addresses:
If to the Fund:
Tata Asset Management Limited (Investment Manager for Titanium SIF)
19th Floor, Parinee Crescenzo, 'G' Block, Bandra Kurla Complex,
Opposite MCA Club, Bandra (East), Mumbai โ 400 051
Tel: (022) 6282 7777, Fax: 66178288
Email: services@titanium-sif.com
If to the Investor:
At the address of the Investor as recorded with the Fund.
I/we confirm and declare that I/we have read and understood these "Terms and Conditions of usage of online transactions" and also the "Disclaimer and Terms and Conditions" as posted on the Titanium SIF's website https://www.tatamutualfund.com/titanium-sif. I/We agree and shall abide by the norms, Terms and Conditions of usage of online transactions, and agree not to hold the Fund/TAML/its service provider responsible for my/our actions relating to the use of this Facility.