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Terms, Conditions of Use & Disclaimers

This is an electronic record as per the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011. The domain name www.acru.in (hereinafter referred to as “Website”) and mobile app “Acru” (hereinafter referred to as “App”) is owned and operated by Acru Finserv Private Limited (“Company”), a company incorporated under the Companies Act, 2013 and registered with Association of Mutual Funds of India (AMFI) as a distributor for Mutual Funds having its registered office at No. 164, 10th Cross, 5th Main, IH Layout Rajarajeshwarinagar, Bangalore 560 098, Karnataka, India.

For the purpose of these Terms of Use, “you” or “user” shall mean any natural or legal person who has agreed to become a member of the Website and / or App by registering on the Website and / or App as Registered User. The Website and / or App allows User to browse the Website and / or App without registering on the Website and / or App. The term “we”, “us”, “our” shall mean Acru Finserv Private Limited.

On visiting or using the Website and / or our App you will be deemed to have accepted all of the terms and conditions that apply to its use. We reserve the right to alter these terms and conditions of use at any time. If you are less than 18 years of age (minor), we are not bound by any obligations towards you and your access to our Website and / or App is unauthorized and illegal.

The terms and conditions are exclusive agreement between the you and us. By entering into the Website and / or App or mobile application, you agree to be bound by the terms of the terms and conditions as stated hereinafter:

Limitation of Liability of Our Services

The information displayed on the Website and / or App is provided without any guarantees, conditions or warranties as to its accuracy. In no event, our Company or its contractors, agents, licensors, directors, employees, associates, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, exemplary damages (including without limitation lost business opportunities, losses in investment products, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) howsoever arising.

Governing Law & Arbitration

This Agreement shall be governed in accordance with the laws of India and, exclusive jurisdiction over all matters arising in connection with this Agreement shall vest in the courts at Bangalore, Karnataka and the Parties agree to the same. In case of any disputes, controversy, claims or breach arising out of or in relation to this Agreement between the parties, the parties shall first contact each other through their authorized signatories and resolve the Dispute through mutual discussions. In case the parties fail to resolve the Dispute through the aforementioned manner within a period of seven days of such meeting of the Parties then such Disputes, shall be referred to Sole Arbitrator which shall be duly appointed by Acru Finserv Private Limited as per the provisions of Arbitration and Conciliation Act, 1996. The Venue and seat of Arbitration shall be Bangalore, Karnataka. The language of Arbitration proceedings shall be English. Award of the Tribunal shall be final and binding on the parties.

Information & Data

We try to ensure that all information and materials, whether in relation to the products, services, facilities, offerings or otherwise (hereinafter “Information”) provided as part of this Website and / or App is correct at the time of inclusion on the Website and / or App, it does not guarantee the accuracy of the Information. We shall not be liable for any errors or omissions or delays in updating information and will not be responsible for any damages or loss, which you may suffer.

Nothing contained herein is to be construed as a recommendation to use any product or service or process. The data and information provided on the Website and / or App is not advice, professional or otherwise, and should not be relied upon as such. Neither the information, nor any opinion contained in this Website and / or App constitutes a solicitation or offer by us to take products.

There may be news/articles related to the products or services, the content of the articles and the interpretation of data are solely the personal views of the contributors and do not in any way reflect our views. Users are advised to use the articles and other data in the Website and / or App only as information.

Mutual Fund Details

Mutual fund details shown on our Website and / or App as received from third party vendors and we have no control or authority on the legitimacy of the data. The data shown is either directly acquired from 3rd party vendors or derived from it. Although we will attempt to show you the most recent data, it takes no responsibility for the correctness / relevancy / update of data. Users are advised to invest at their own discretion.

Investment Ideas

Ideas as shown on our Website and / or App is only a collection of schemes based on similar attributes. The decision to invest is solely on the user. Mutual Fund recommendations and comments presented on our App and Website and are solely based on the search patterns and should not be taken as any kind of advice. They do not represent our opinions on whether to buy, sell or hold mutual fund schemes or shares of a particular stock.

Users should do their own research and be cautious about any and all Mutual Fund recommendations and should make final judgement according to the user’s personal needs, financial situation, or any other parameters. In addition, users are advised that past Mutual Fund scheme performance is no guarantee of future performance.

Insurance policies

It is important to understand that insurance is a subject matter of solicitation and market risks. It is the responsibility of the customer to understand the limitations of insurance policies and the risks involved, and under no circumstance, form or manner, do we take any liability in such cases. We also recommend you to please read the subject and offer documents carefully. The information provided on the portal is for financial and insurance purposes. We are not accountable for any loss, harm or damage that occurs or may occur or arise from the usage of information from the portal. Customers are advised to use their own discretion in such matters.

Usage of External Providers and their Disclaimers

Many of our services display some content like mutual funds data, external ratings, research and other relevant data, information or elements that are externally sourced by us. Some of this data may be displayed as it is or some of them may be derived or processed to display data / information that is based on such external data or presented in a format that is largely suited to our guidelines, standards and customised to its user experience. This entity providing such content is solely responsible for the accuracy of such data. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all content, so user should analyse and use this data as per his / her discretion. Display of such data on our Website and / or App should not be considered as an investment advice.

Offer Document General Disclaimer

Mutual Fund investments are subject to market risks. Read all scheme related documents carefully. Past performance is not an indicator of future returns.

The user understands that we only acting as an intermediary which collects the orders from the users and places such orders with the relevant AMC, or any entity acting as a collection agent on its behalf. We do not provide any regulatory, legal, tax or accounting advice relating to the suitability of the products invested by the users. The users should seek appropriate professional advice including tax advice before investing and / or dealing with any realised or unrealised gain / loss reflecting in his / her portfolio. The user understands that all benefits and returns made pursuant to transactions undertaken by the user through us shall be subject to deduction of applicable taxes pursuant to the taxation laws applicable in India.

The user understands that the services provided by us do not constitute an offer to buy or to sell or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.

We do not provide no warranty or representations, express or implied, on products offered through the platform. The information / figures on the Website and / or App are provided on an “As Is” basis and do not constitute any kind of recommendation, advice or the like. The information / figures provided on our Website and / or App will be updated as and when received by the entities offering the respective information.

We and our service provider shall not be liable for any failure to perform any of its obligations or service standards etc. if the performance is prevented, hindered or delayed by a Force Majeure Event, which includes any event due to any cause beyond the reasonable control including, without limitation, unavailability of any communication system including Internet, breach or virus in the processes or payment mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, breach of security and encryption codes.

KYC Readiness

User understands that opening an account is subjected to correct, complete and accurate information provided for KYC verification as per the regulations applicable. We will collect all necessary information from the user required for KYC verification and investment readiness. During the process of investment, such KYC information will be sent to KRA and / or CERSAI. We will not be responsible for any delay in processing the KYC request from the 3rd party agencies. We also have no control on acceptance or rejection or timelines for update of your KYC information

The user agrees that we have every right to reject the KYC application, if there is any erroneous, incomplete or misleading information provided by the user or for any other reason whatsoever with / without assigning any reason or if KYC documents submitted do not comply with the KYC norms of SEBI as per regulations.

Further, the user hereby allows the Company to utilize his / her KYC information such as identity (name, PAN, age etc.), address and signature for sending it to Asset Management Companies (“AMC”) for the purpose of validation and to comply with the legal and regulatory requirements. The user hereby accepts that for any transactions that are submitted offline i.e. with wet signatures, the signature available in his / her KYC records would be used for signature verification. The user further agrees and understands that he / she shall be solely liable to inform the Company or the AMCs in case of any change in his / her KYC information including change in signature/ signatories etc. and in the event of his / her signature not being updated, available or legible in KYC records, the Company / AMCs would be within their rights to carry out further checks to validate the authenticity of the request or reject any such offline request based on existing KYC information.

Payments

Our platform uses third party payment gateway for facilitating transfer of money from User’s Bank Account(s) to AMCs. We will have no role in failed or pending transactions and fraudulent use of card / net banking / payment in any manner. Users are advised to use their own Net Banking, UPI, Mandates only for making Investments / Payments / Transactions. Users will be solely responsible for using Net Banking and other modes for payments on our platform or may use third party services or other service providers to collect user payments. Any fraudulent transaction / attempt will attract action as per service rules and relevant section of Indian Penal Code (IPC). Users providing improper details will be forfeited from usage of application. Transactions once completed cannot be cancelled. User should not use bank account of someone else to make the payment or investments for Mutual Funds and such transactions are liable to be rejected.

DND Registrations and Communication with Users

The user understands that if his / her mobile number is registered in the Do Not Disturb (DND) list of TRAI, he / she may not receive SMS from us. He / she shall take steps to deregister from the DND list and shall not hold us liable for non-receipt of SMS in the interim period. The user agrees to be reached out to by our representatives or any third party authorised by us, via phone / email / SMS with reference to the services offered on our platform.