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Karvy e-voting System


TERMS & CONDITIONS.
A. KFPL carries on the business as Registrar and Transfer Agents and is registered with the Securities and Exchange Board of India (‘SEBI’) under the Securities and Exchange Board of India (Registrars to an issue and Share Transfer Agents) Regulations, 1993 engaged in providing various ‘Registrar & Transfer Agent (RTA) related Services’ with respect to, (i) collection of applications forms, keeping of records, and assisting in allotment of securities, in terms of ‘Registrar to an Issue’ (ii) in terms of ‘Transfer Agent’ (Shares), maintenance of the records of the holders of securities and dealing with all matters connected with transactions which includes transfer, transmission and issuance of dividends.’ and (iii) in terms of ‘Transfer Agent’ (Mutual Funds), dealing with Mutual Fund transactions on behalf of Asset Management Companies.
B. KFPL by virtue of SEBI Circular dated September 08, 2017 is now also categorized as Qualified Registrar and Transfer Agent (‘QRTA’) and in terms of Circular dated August 10, 2018 SEBI has mandated that all QRTAs must enter into a written agreements with all entities accessing its data base maintained by KFPL.
C. Given the mandate under law, you are hereby requested to accept the terms and conditions of usage herein with the objective of ensuring that the investments and transactions are made securely using the website, web applications and mobile applications which offers such financial and associated services so provided by mutual fund companies which may be updated from time to time platform of which may be used to access information in any form including documents, audio and/or visual.
D. The services provided by this website, web applications and mobile applications is also supported and/or is downloadable using Android Operating System and Apple Operating System for both individual users and corporate users, the usage of both of which is governed by the terms and conditions of this document.

E. You are requested to provide your acceptance to the Terms and Conditions upon checking ‘checkbox’ and click the ‘Accept’ button provided herein below at the end of this document.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
1. General
1.1 It is imperative that you accept the terms and conditions herein regarding the usage, processing, storing, sharing and purging of information including personal and business information (the ‘Privacy Statement’). You are requested not to use this website on your computer system and/or your mobiles including mobile applications (as applicable) if you do not accept the terms and conditions herein.

1.2 KFPL does not provide you the implied rights to use this website in any manner whatsoever. By agreeing to these terms and conditions you are expressly legally bound by the same.
1.3 In the event of any revision to the terms and conditions, such revisions would be acceptable and would be overriding over the general terms and conditions..
1.4 This website including its access using mobile Applications is solely for the purpose of providing information about participating Mutual Fund (‘MF’) and Asset Management Companies (‘AMCs’) so available with KFPL and offers a platform to access and transact in their products and services.
1.5 The content herein should not be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for the units of any Mutual Fund schemes including any other schemes.
1.6 While due care has been taken to ensure the accuracy of information or data on this website you expressly understand that you shall not make KFPL or its directors, promoters, employees, agents and assigns anyway responsible for any loss or damages arising out of use or inability to use this website. Such information or data so referred to above shall include any information or data relating to value of investment including NAV and Unit Balance currently recorded.
2. Information Management
2.1 The information or data so collected is gathered from various sources for providing the Services herein including the 3rd parties.
2.2 In order to provide the Services herein, KFPL would collect information or data from your end which may include your name, email address, address or postal code, payment method and mobile number. This information or data may be collected even from your participation in surveys and ratings enabled through the website, web applications or mobile applications.
2.3 The process of collection of information or data involves your interactions using your device(s) for accessing our service on the website, web applications or mobile applications which includes:
a) Your activity on the applications, history and search queries and navigation pattern.
b) Details of your interactions with KFPL Customer Service using Chat or Mobile.
c) Technical information about the Device(s) being used.
3. Intellectual Property Rights, Restrictions on Use and Confidentiality
3.1 Karvy, KFPL, KARISMA, KfinKart and KorpConnect and all other interfaces be it online sites, mobile Apps or another applications are the trademarks and logos belong solely to KFPL. You are requested not to use the same without the express written permission so received from KFPL.
3.2 KFPL holds the title and ownership over all the intellectual property involved in the website, portal, web and mobile applications including but not limited to information, documents, products, logos, graphics, sounds, images, software and services, are protected applicable intellectual property laws, Software Systems, Procedures, audit, Database Design, Applications design, layout, text, images, graphics, sound, video, Source and Object code, Reports, et cetera except the information that is available in the public domain.
3.3 You shall be under strict obligation to keep confidentiality of the information or data that is sensitive, which you are not authorised to share with any 3rd party to this agreement between you and KFPL. Any unauthorized copy and use may violate the applicable intellectual property laws thereby attracting legal action, being civil or criminal, against you including but not limited to the Information Technology Act, 2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
4. Subscription:
4.1 Any User subscribing to, using, or accessing the services available through the website is registered as a single user of the services. For this, KFPL shall be at discretion to issue an individual Username and Password by way of duly registered mode so informed by KFPL from time to time.
4.2 The applicable rate of the Subscription Fees may be revised from time to time, including some services that may be paid services.
5. Unauthorised Access:
5.1 You shall use this website only for the lawful purposes and restricted to the extent so mandated under these terms and conditions, and under law.
5.2 You shall not do such actions using technology or otherwise to access, store, share, process or destroy information or data in an unauthorised manner, and use such technology measures that would prevent compromise with any information or data so available on the website and take precautions in terms of creating any preventive mechanisms.
6. Discontinuation, Modification & Suspension of Services:
6.1 KFPL reserves the unilateral right to add to /and/or change and/or delete and/or end the service (s) available through this website, web applications or mobile applications at any time with or without notice to you. In case of paid services, a pro-rated refund shall be effected for the remaining unused period.
6.2 KFPL shall hold absolute discretion to suspend your services herein for breach of any terms of use of this terms and conditions, without serving any notice of termination.
6.3 If any monies so payable by you to KFPL remain unpaid when being due for payment to KFPL, KFPL may at its sole discretion suspend the service (s) provided to you until such time the unpaid amount is remediated.
6.4 You are discretion to terminate your Subscription by giving 10 days’ prior notice in writing to KFPL.
7. Variation:
7.1 KFPL reserves the right to amend, vary or change the terms and conditions contained herein and appearing elsewhere on the site at its sole discretion.
7.2 The terms and conditions of use of these sites may be amended from time to time.
8. Data Protection and Security
8.1 The term ‘Data’ (which shall include the term ‘Information’) shall have the meaning as defined in the Information Technology (Reasonable Security Practices and procedures and sensitive personal data or information) Rules of 2011 under the Information Technology Act of 2000 (the ‘IT Act & Rules of 2000’).
8.2 You understand that the information or data so shared may be classified to be highly sensitive under the IT Act, 2000 & its applicable rules, and carries serious legal implications in the event the Data is leaked and/or compromised in any manner whatsoever either manually, operationally and technologically.
8.3 Accordingly, the parties so receiving the said Data shall ensure well-defined ‘Data Lifecycle Protection Mechanism’ (including Data Collection, Processing, Storing, Sharing and Purging Environment) is in place in terms of Data Protection and Privacy Policy, Individual Contributor Statements (wherever required), Trainings to Employees handling the Data, and Data Protection & Privacy Tools to ensure ‘Data Leakage Prevention’ are in place to ensure there is no scope for leakage and/or compromising of Data either manually, operationally and technologically, thereby making the Data so received ‘Safe and Secure’.
8.4 The parties shall protect and keep all the Data so exchanged strictly confidential, and shall share the Data strictly on ‘Need to Know’ basis, only for the limited purposes set out in this document. Upon the purpose for the using the Data being completed, the parties shall purge such Data and promptly intimate the opposite party providing confirmation of the same.
8.5 The parties shall comply with all Laws, Rules and Regulations (including Information Technology Act of 2000 and UIDAI Act of 2016) pertaining to Data Protection, Privacy and Information Security including obtaining ISO 27001: 2013 Certification for providing an assurance to the parties herein that all technological measures are in place for ensuring there is no leakage of Data in any manner.
8.6 Neither parties to this Contract shall share the Customer, Employee or Business related Data with any 3rd Party to this Contract, without express prior written permission of the other party, and in the event of Customer Data, unless express written Consent is first received from such Customer(s).
9. System & Software Requirements
9.1 Full use of KFPL website, web and mobile Applications is dependent upon User's supported systems, networks, mobile device and internet access. The maintenance and security of these systems and equipment may influence the performance of the website, web applications and mobile applications. You understand expressly that it would be your responsibility to ensure the equipment's functionality.
9.2 While KFPL shall on a best effort basis support the website, web applications and mobile operating systems, it does not guarantee its full compatibility.
9.3 As and when required you may be required to download updates in order that the website, web applications or mobile applications works to its fullest potential.
10. Links to Third Party Sites
10.1 KFPL websites, web applications and mobile applications may contain hyperlinks to other websites. Such inclusion does not imply that KFPL endorses or accepts responsibility for the content or use of the third party website. These links are provided solely for informational purposes. KFPL does not guarantee the content, accuracy or completeness of any information or data on the 3rd party website(s). KFPL shall not be liable to you in any way for any delays, inaccuracies, errors in or omissions of any information or data or the transmission thereof on account of your usage of such links.
10.2 The use of a 3rd party website may be subject to a privacy statement, terms of use, disclaimer or similar legal condition which may significantly differ from those enumerated on the KFPL website, web applications and mobile applications. KFPL strongly encourages you to familiarize yourself with the terms, conditions and policies implicated by the use of those website, web and mobile applications. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
11. Eligibility
11.1 An existing investor/folio holder of a MF serviced by KFPL or a new investor desiring to invest in MF serviced by KFPL or any other participating mutual funds in the website and web applications shall be eligible to use the mobile applications. The investor shall be holding/transacting in folios with mode of operation as 'single' or as 'anyone or survivor' or 'joint' shall be eligible. Such mobile applications shall be accessible to eligible NRIs and PIOs. Depending upon the requirements, KFPL may add/modify the eligibility conditions from time to time at its own discretion.
12. Usage by minors
12.1 KFPL web and mobile applications are not intended for use by minors. The User shall be the guardian of the Minor to avail the service.
13. Restriction on Usage
13.1 The access to website, web applications or mobile applications shall be restricted only to you and none else.
13.2 In view thereof, KFPL shall not be responsible, if you share your account details including your username and password.
14. Limitation of Liability
14.1 In no event will KFPL (including its directors, promoters, employees, agents and permitted assigns), AMC, Trustee Company, Mutual Fund and its sponsors, their associates, and any person connected with it, shall not in any way be responsible for any loss or damages arising from the use or inability to use the website, web applications and mobile Applications and its contents and shall not entertain any legal liability for the adverse implications, if any.
15. Indemnity
15.1 You shall, at all times, indemnify KFPL from and/or against any and all actions, proceedings, claims and demands whatsoever on account of your wilful neglect in sharing your credentials giving way for compromising with your account, system, or otherwise, including all damages, costs, liabilities, charges and expenses in respect thereof.
15.2 You understand and agree that any transaction / information that is entered through the website, web applications and mobile Applications with the provided login credentials, whether initiated by you or not, shall be deemed to have originated from you. The User shall be held liable for all such losses from unauthorized transactions in your folio through the website, web applications and mobile applications.
15.3 You shall undertake to indemnify and hold harmless and indemnified KFPL in respect of all losses, damages, costs, expenses and other liabilities (including reasonable legal fees, disbursements and expenses) incurred by or awarded in connection with or based on breach of your confidentiality obligations contained herein, misuse of KFPL Applications and Database by you.
16. Payment Information & Commercial or Non-Commercial Transaction
16.1 Although no method of transmission over the Internet or electronic storage is 100% secure, it is our policy to use third party payment processing systems that comply with such security standards prescribed under the applicable laws.
16.2 Please read the privacy policy on the site of any payment processor that you are directed to regarding the use, storage and protection of your debit card information before submitting any debit card information.
16.3 All information that you provide to us or our third party payment processor must be accurate, current and complete. The User should print or save this electronic receipt for your records.
16.4 You expressly represent and warrant that you have the legal right to use any debit / credit card(s) or other payment means used to initiate any transaction.
16.5 The accuracy and completeness of information/data/details so entered by you shall be solely your own risk. In the event of any discrepancy and wrong credit/remittance/payment, KFPL shall not be held responsible in any manner.
17. Governing Law and Dispute Resolutions
17.1 The terms and conditions shall be governed by and construed in accordance with the Laws of India.
17.2 In the event the dispute further remains unresolved for a period of thirty (30) Business Days either party shall be free to refer the disputed matter to Arbitration in accordance with Indian Arbitration and Conciliation Act, 1996.
17.3 The arbitration proceedings shall be carried out by three arbitrators, of whom each party shall designate one, with the third arbitrator to be mutually nominated and appointed by both parties.
17.4 The arbitration shall be conducted in English language and the Arbitral Award so passed by the Arbitrators shall be final and binding upon the parties. The seat of arbitration proceedings shall be held wholly at Hyderabad or Mumbai (in case of domestic disputes) and [●] in case of international disputes.
18. Contact
18.1 If you require any information or clarification regarding these Terms and Conditions, you can contact us at legal.kfpl@karvy.com.