TERMS & CONDITIONS AND PRIVACY POLICY

Indiabulls Mutual Fund (IBMF) provides facility to enable the investor(s)/distributor(s) to carry out the online transactions in the units of the mutual fund schemes through mobile application/mobile site (hereinafter collectively referred to as ("Mobile App"). Indiabulls Mutual Fund is a SEBI registered Mutual Fund (Regn. No. MF/068/11/03), managed by Indiabulls Asset Management Co Ltd (AMC) and Indiabulls Trustee Co Ltd (Trustee) is the trustee of fund. The users who have registered on the Mobile App ("Registered Customer") shall be entitled to avail the online "Investment Account Facility/Services" including but not limited to purchase, redemption and switch of mutual fund units. Before availing the services of online Investment Account, users are requested to read and confirm all the terms & conditions ("Terms & Conditions"). By using Mobile App services ("Services"),, you understand and agree that IBMF shall treat your use of the Services as acceptance of these Terms from such point of usage. You may not be allowed to use the Services if you do not accept the below terms:


A. You acknowledge that in accessing and using the Services offered by IBMF, you may utilize the content and services offered on the Mobile App. You agree to follow the Terms and Conditions and Privacy Policy for the use of the Mobile App as may be specified on the Mobile App from time to time.


B. You acknowledge that IBMF may at its sole discretion vary the Terms and Conditions or withdraw any of the facilities/Services provided herein from time to time.


C. You agree to comply with KYC (Know your Client/Customer) and KRA requirements as required under SEBI (KYC Registration Agency) Regulation 2011, SEBI Act 1992, Prevention of Money Laundering Act, 2002, all laws and regulations including but not limited to the Foreign Exchange Management Act, Reserve Bank of India (RBI) guidelines, to the extent applicable pertaining to the investments.


D. You hereby irrevocably and unconditionally grant no objection to IBMF to collate the transaction details relating to the investments in mutual fund units done by you on the Mobile App of IBMF and transmit such transaction data to the concerned Registrar and Transfer Agent (RTA) of IBMF for further processing of your transactions.


E. You agree to provide any and all information that may be required by IBMF, from time to time, in compliance with existing legal norms and regulations, including but not limited to contact information, address, tax‐related information and any other information required under existing or future KYC norms and laws. You agree that aforesaid information that may be provided by you to IBMF from time to time may be shared by IBMF with their respective authorized service providers, auditors, legal and tax consultants in compliance with the extant legal provisions from time to time. You also agree that IBMF may take steps to verify the veracity of such information provided by you and agree to co‐operate with IBMF in providing all the requested information. You acknowledge that failure to provide such information in a timely manner may result in your ineligibility to avail of some or all of the Services of IBMF and that IBMF /AMC/Trustees of IBMF shall in no way be held liable for any losses of whatsoever nature resulting from such failure to provide information on your part. You agree that any information provided by you may be required to be shared with relevant regulatory / statutory authorities and you authorise IBMF to provide all information to such regulatory / statutory authorities as and when required.


F. You acknowledge that the execution of online instructions is subject to these Terms and Conditions, and the Offer Documents of the respective schemes of IBMF. There may be an exit load/any other charge(s) applicable to certain mutual fund schemes which is mentioned in the respective Offer Documents including Scheme Information Document (SID) /Key Information Memorandum (KIM) and addendums issued thereto from time to time (collectively referred to as "scheme related documents"). You hereby agree to read all the scheme related documents before investing.


G. Your identity on the Mobile App shall be authenticated by the use of your login credentials. IBMF shall at all times treat instructions authenticated by your login credentials to have originated from you directly.


H. Purchase requests made through Mobile App shall be processed by IBMF, only after funds sufficient to cover the purchase price and other costs and charges have been received by IBMF. Payments towards the purchase price and other costs and charges shall be made by the Registered Customers directly in the name of the respective mutual fund scheme(s) through the third party payment gateway services made available by IBMF on its Mobile App. If for any reason, IBMF is unable to allow a transaction for purchase or redemption of the full quantity of units such as transacted by a Registered Customer through Mobile App, IBMF shall be entitled to process a lesser quantity of units being purchased or redeemed (as the case may be) by such Registered Customer. In such a case, neither IBMF nor the AMC, their respective trustees shall be responsible for the non‐execution of transactions for the entire quantity or the remaining quantity of units.


I. You agree to be communicated for all transaction related purposes to your registered email-id or by way of SMS to your registered mobile number.


J. You while providing the details/documents over the Mobile App including but not limited to personal information give your express consent/ no objection to IBMF to contact you on matters connected to setup and operation of your Investment Account and to execute your investment instructions in relation to:

    i. Sharing your information with KRAs, IBMF's service partners, for validation, to comply with legal and regulatory requirements and for the purpose of fulfilling its obligations under this Terms.

    ii. Transmitting to the RTA, information relating to your nomination/changes in investment plan/ any other changes made through the Mobile App.

    iii. Obtaining and forwarding to the RTA your information as available in the KRA records.

K. You are obliged to:

    i. Ensure that the money you invest is from your bank account (primary holder's bank account in case of Investment Account held jointly).

    ii. Declare that the amount invested/to be invested by you in the scheme(s) of IBMF is derived through legitimate sources and is not held or designed for the purpose of contravention of any act, rules, regulations or any statute or legislation or any other applicable laws or any notifications, directions issued by any governmental or statutory authority from time to time.

    iii. Keep your login credentials safe and secret.

    iv. Promptly change your login credentials and inform IBMF of any actual or suspected unauthorised use of your login credentials.

L. You acknowledge and agree to the following:

    i. Your Investment Account will be activated after IBMF verifies your personal information in accordance with the Know Your Client ("KYC") guidelines issued by the Securities and Exchange Board of India ("SEBI"), from time to time.

    ii. For investments using ECS/NACH/ Direct Debit, IBMF will first submit the fund transfer instruction(s) to your bank. Your request for subscription will be processed only after receiving confirmation of successful money transfer to the IBMF’s account. Consequently, there may be a lag between the date of debit to your account and date on which IBMF receives the credit in its account.

    iii. Subject to the preceding paragraph, your Instructions will be processed the same day if received before the cut-off time(s) specified by IBMF. Else, your Instructions will be processed on the next business day. IBMF may specify cut-off time(s) earlier than the time(s) specified by SEBI.

    iv. That all authorised and complete transactions will be processed at the applicable NAV (as defined in the Scheme Information Document of respective schemes of IBMF) subject to receipt of funds and acceptance of your transaction by the IBMF/ RTA

    v. That any transactions done on a holiday would be processed on the next business day and the NAV would be applicable as per the respective scheme related documents.

    vi. That transactions once placed cannot be cancelled.

    vii. That any application for redemption, purchase or exchange or any other instruction must be correct, complete, clear and unambiguous in all respects and should conform to the prescribed procedure/documentation and regulatory requirements, failing which, IBMF reserve the right to reject the same and in such a case IBMF/AMC/Trustee shall not be responsible for any consequence arising therefrom.

    viii. IBMF may refuse to transmit your transaction data to its authorised RTA unless, they are given in a manner and form acceptable to IBMF and in accordance with IBMF’s right to verify such transactions. However, IBMF shall have no responsibility to determine the authenticity of any transactions done or purported to be done by you. You shall not hold IBMF liable on account of IBMF acting in good faith on any of your transaction done or purported to be done by you.

    ix. You agree to indemnify IBMF, AMC, trustees, its respective officers, directors, employees and agents against any improper/ fraudulent transactions, improper/fraudulent fund transfer transactions done or purported to be done by you on the Mobile App platform provided by IBMF. IBMF shall not be obliged to accept from you any oral instructions for carrying out any transactions in mutual fund units. Further IBMF, AMC, trustees, its respective officers, employees and agents shall be indemnified for and held free and harmless from and against any and all costs, claims, losses or liabilities of any nature (direct or indirect) resulting from the act of purchase, redemption or switch of mutual fund units, together with any and all attendant costs and expenses including reasonable legal fees and expenses, that IBMF, AMC, trustees, its respective officers, employees and agents may incur or be subject to, in relation to the transactions conducted by you on the Mobile App/Third Party Payment Platform. You also acknowledge that the security and the control provided by IBMF are designed to verify the source the communication and not to detect errors in transmission or content including discrepancies between names on the account numbers and that IBMF, may transmit data or take requisite action by reference account number only, even if the name on the account is also provided. IBMF shall have no duty to verify the content of any transactions, instructions and communication, whether or not authorized, sent in its name and accepted by IBMF.

    x. For Investment Accounts held jointly, the mutual fund folios maintained by IBMF will also be held jointly and all the individuals will have the same authority to operate those folios (Any or Survivor).

    xi. IBMF may modify these terms at any time by informing you. Your continued use of the services will imply your acceptance of the changes.

    xii. IBMF may terminate the Services by giving 30 (thirty) days prior notice in writing to the Registered Customer provided that the Registered Customer shall not be relieved of obligations hereunder notwithstanding such termination incurred prior to the date on which such termination shall become effective.

M. You further acknowledge and agree:

    i. That the holding pattern of the Registered Customer, as reflected in the Investment Account, is deemed to be IBMF account holding pattern of the account holder/investor(s).

    ii. That there will be no changes allowed in the holding pattern of the investors associated with the Investor Account once the account is activated.

    iii. That once an investment is made using the holding pattern, you will not be allowed to change the holding pattern for the subscriptions

    iv. That the other requisite data (which is not part of the form) required to be reported to authorized RTA of IBMF will be extracted from IBMF account details maintained for the First holder. The mode of holding in all customer joint accounts is treated as Joint account.

N. You agree to the ‘Third Party Risk’ associated with the transaction and understand that:

    i. IBMF shall not be liable for any loss or damage caused by reason of failures or delay to deliver any units purchased even though payments have been made for the same, or failure or delay in making payment in respect of any units sold, though they may have been delivered and you shall hold IBMF harmless and free from any claim in respect thereof.

    ii. In the instances of third party claims, IBMF/AMC/ /trustees to the mutual fund shall be liable for failure/delay only where such claims/losses arise due to a reason entirely attributable to an error or gross negligence of IBMF. In no event shall IBMF/ AMC /trustees to the mutual fund be liable for losses/claims arising due to force majeure reasons beyond the reasonable control of IBMF.

    iii. IBMF shall not in absence of gross negligence on the part of IBMF, be liable to you for any claims which you may suffer or incur as a result of or in course or discharge by IBMF or its employees, officers, directors duties.

    iv. Without prejudice to the above, IBMF shall not be held liable for any loss or damage or failure to comply or delay in complying with its obligations under these Terms which is caused directly or indirectly by any event or circumstances beyond IBMF’s reasonable control. These include system failure, network errors, delay or loss of data due to the above and in circumstances of acts of God, floods, epidemics, quarantine, riot, civil commotion and/or war. You further agree that IBMF shall not be held liable for any losses, damages, expenses, costs, liabilities and claims of whatsoever nature caused by fraudulent or unauthorized use or access of your information, and/or signatures. IBMF will be under no duty to verify compliance with any restrictions on your investment powers. IBMF will not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of any defects or imperfections or mechanical or other failure with relation to computer, cable, telex, telephone or postal system.

    v. While IBMF will make every effort to have its computer systems available at all times, IBMF makes no guarantees with respect to the availability of such systems. IBMF will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, IBMF will as such not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of lack of such availability.

O. In relation to ‘Electronic Payment Gateway’ you agree and understand that:

    i. the funds transfer for purchase of units of mutual funds will be done by using an Electronic Payment Gateway facility for net banking offered through a third party net banking service provider registered with the Reserve Bank of India. You agree not to use or permit the use of the payment gateway or any related services for any illegal or improper purposes.

    ii. You hereby acknowledge that you are utilizing the Third Party Payment Gateway at your own risk. You agree and understand that these risks would include but not be limited to the following risks and IBMF/AMC/trustees of the fund, disclaim all liability and responsibility for any claims, losses, damages and costs of whatsoever nature arising due to such risks:

    a) Misuse of Password:

    You acknowledge that if any third party obtains access to your password of the Investment Account, such third party would be able to transact on Mobile App. You shall ensure that the terms and conditions applicable to the use of the Net Banking password as contained in the Third Party Payment Gateway for Net Banking are complied with at all times.

    b) Mistakes and Errors:

    In the event of your account receiving an incorrect credit by reason of a mistake committed by any third party, IBMF or its banking partner shall be entitled to reverse the incorrect credit at any time whatsoever without your consent. You shall be liable and responsible to IBMF and accede to accept instructions without questions for any unfair or unjust gain obtained by you as a result of the same.

    c) Technology Risks:

    The technology for enabling the transfer of funds and the other services offered by the Third Party Payment Gateway Service Provider and IBMF could be affected by virus or other malicious, destructive or corrupting code, program or macro. You understand that the site of IBMF’s Mobile App or the bank may require maintenance and during such time it may not be possible to process your request. This could result in delays in the processing of transactions/payment instructions or failure in the processing of transactions/payment instructions and other such failures and inability. You understand that IBMF disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by IBMF/Bank to process any transaction/payment instructions for whatsoever reason. You understand and accept that IBMF/AMC/trustee company of the fund, authorised registrars of the AMC shall not be responsible for any of the aforesaid risks.

    d) Scheme Performance:

    The Annualized returns displayed refers to the one year annualized return of Indiabulls Liquid Fund

    f) Limits:

    You are aware that IBMF may from time to time impose maximum and minimum limits on funds that may be transferred by virtue of the payment transfer service given. You realize and accept and agree that the same is to reduce your risks. You shall be bound by such limits imposed and shall strictly comply with them.

    g) Indemnity:

    You agree and undertake to indemnify IBMF/AMCs/trustees to the fund/authorized registrar of the AMC from and against all losses and damages that may be caused as a consequence of breach of any of the Third Party Payment Gateway Service Provider for net banking and the terms and conditions mentioned herein above.

    h) Withdrawal of Facility:

    IBMF shall be entitled to withdraw this service at any time without assigning any reason whatsoever.

    i) Binding nature of above terms and conditions:

    You agree that by use of this facility, You shall deemed to have agreed to all the above terms and conditions and such terms and conditions shall be bound on you in the same manner as if you have agreed to the same in writing.
    Transaction rights for Systematic Investment Plans ("SIPs") will be pursuant to your execution of the instructions, in the manner and form as prescribed by IBMF from time to time. The instructions will be applicable to all SIP transactions whether presently existing or to be opened in future. You agree that, upon granting such instructions for SIP transactions, you will be bound by the terms of the relevant SIP scheme of the mutual fund to which you subscribe.

    FATCA DECLARATION:

    I hereby confirm that the information provided herein above is true, correct, and complete to the best of my knowledge and belief and that I shall be solely liable and responsible for the information submitted above. I also confirm that I have read and understood the FATCA & CRS Terms and Conditions below and hereby accept the same. I also undertake to keep you informed in writing about any changes / modification to the above information in future within 30 days do the same being effective and also undertake to provide any other additional information as may be required any intermediary or by domestic or overseas regulators/tax authorities.


    Policy on Privacy and Security of Information:

    We, at Indiabulls Asset Management Company Limited, respect investors/customers/clients right to privacy. We recognise that the lawful and correct treatment of personal data is very important to maintain investor's confidence in ourselves. It is our endeavour to ensure that any personal data that we collect, process, record or use in any way whether it is held on paper, on computer or other electronic media will have appropriate safeguards in place to comply with our obligations of confidentiality and privacy. In this regard, we request investors/clients/customers to kindly read this “Policy on Privacy and Security of Information” carefully. The terms as may be used in this document would be in accordance with “The Information Technology Act 2000 as amended till date, Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011” and such other rules/regulations and Circulars as may be applicable.

    Interpretation

      i) All references to the masculine shall include the feminine and all references, to the singular shall include the plural and vice-versa. All references to client/customer/investor whether masculine or feminine include references to non-individuals also unless repugnant to the context thereof;

      ii) Any reference to any statute or statutory provision shall be construed as including a reference to any statutory modifications or re-enactment therein from time to time;

      iii) Headings are for ease of reference only.

    Indiabulls Asset Management Company Limited (‘AMC’), a Company incorporated under the Companies Act, 1956, has been appointed as the Investment Manager to the Schemes of Indiabulls Mutual Fund. Indiabulls Trustee Company Ltd (Trustee Company) is the Trustee to the Mutual Fund. Indiabulls Housing Finance Limited is the Sponsor of the Mutual Fund. The AMC either directly or through third party service providers engaged by the AMC (Service Providers) such as the Registrar and Transfer agents collects, receives, possesses, stores, deals or handles information received from investors/client/customers whether existing or prospective. Such information can be personal and sensitive in nature as per the indicative list given below:

      i) Bank Account details change of bank account details or registration of multiple bank accounts etc. through application forms;

      ii) Payment instrument details at the time of submitting application at the time of investment or as proof for carrying out change of bank account or any other details of debit card obtained (if any);

      iii) Generation and storing password (PIN) in encrypted form based on the request from the investor under the online mode of investments;

      iv) Biometric information obtained, if any;

      v) Demat Account details like beneficiary account no. etc.;

      vi) Annual Income and savings profile; and

      vii) Other information as may be considered as sensitive and personal.

    The aforesaid information is being collected by the AMC/Service Providers to respond to your requests, to process the investment applications and to also ensure safe subscriptions/redemptions through points of acceptance in physical form, website, online portals, Automated Teller Machines and such other mode. The AMC may also call the investors to inform them with respect to the other products or services offered by the AMC. The said information is also being collected to be compliant with the Know Your Client (KYC) norms under the Prevention of Money Laundering Act, 2002, (PMLA), the rules issued thereunder, and guidelines and circular on Anti- Money Laundering issued by SEBI and SEBI (Mutual Funds) Regulations, 1996 as amended till date.

    The aforesaid information is the basis of AMC’s ability to provide investors/clients/customers with good, qualitative, timely and efficient service, while also keeping the information and data provided totally secure and confidential.

    AMC endeavours to have suitable technical, operational and physical security controls and measures to protect investors/customers/clients personal/sensitive data or information that are commensurate with the nature of our business at all times.

    AMC permits only authorized employees who are trained in the proper handling of customer information, to have access to aforesaid information. We would ensure to enter into suitable terms with third party service providers in order to protect client confidentiality and follow a non-disclosure or restricted disclosure policy. Further, the employees who violate the privacy and confidentiality promise shall be subjected to disciplinary action.

    AMC shall reveal only such information to external authorities as may be found relevant and necessary in order to comply with the applicable laws of the land and to third party service providers to ensure smooth functioning of the activities as may be prescribed under applicable laws like Registrar and Transfer Agents/distributors/banks/sub-brokers/call-centers/custodians/depositories and such other entities/persons. By using our website or by agreeing to transact with us, you agree to the above sharing of information during your relationship with us. AMC may also be required from time to time to disclose investors/customers/clients personal information to governmental or judicial bodies or agencies or our regulators based on their requirement to comply with the applicable laws including cyber laws. In addition to the above we may also use the information shared by investors/clients/customers to contact investors/clients/customers regarding the products and services offered by us and seek feedback on the services provided. Further, such information may also be used by AMC to generate statistics and reports and/or to protect and defend the rights, interest and property of the Mutual Fund, AMC, Trustee Company, Sponsors & its affiliates and directors and/or to enforce legal rights or provisions of the Scheme related Documents of the Mutual Fund viz. Scheme Information Document (SID), Statement of Additional Information (SAI) and Key Information Memorandum (KIM). Further, it may be noted that Internet Protocol (IP) addresses, browser supplied information and site session information may be recorded as part of the normal operations and for security monitoring purposes.

    Nevertheless, it is AMC’s foremost endeavour to ensure that the Customer’s Privacy is protected at all points in time. The customers/clients (whether existing/prospective) must ensure to recheck the information or data being provided to the AMC or any person acting on its behalf. In case if any of the data/information is found to be inaccurate or incorrect, the same shall be informed to the AMC for immediate amendment. The AMC and any person acting on its behalf shall not be responsible for the authenticity of the personal information or sensitive personal data or information supplied by the customers/clients (whether existing/prospective).

    AMCs Mobile App may use cookies. By using AMC’s Mobile App and agreeing to these terms of use, you consent to AMC’s use of cookies in accordance with the terms of this privacy policy.

    Investors/ Customers/ Clients shall not be covered by the terms of this Policy if they access other websites using links from this Mobile App. Further, despite our efforts to protect investors/customers/clients privacy, if unauthorized persons breach security control measures and illegally use such sensitive/personal data or information, the Mutual Fund, AMC, Trustee Company, Sponsors and its affiliates and directors shall not be held responsible/liable.

    Amendments/Modifications: This Privacy Policy available on Mobile App is current and valid. However, the AMC reserves the right to amend/modify any of the sections of this policy at any time and the clients/customers/investors are requested to keep themselves updated for changes by reading the same from time to time.

    Retention of information/data: It may be noted that AMC may retain the data as may be provided by the client/investors/customers till such time as may be provided under the law and as required to efficiently provide service to the clients/investors/customers.

    Grievance redressal: If investors/customers/clients have any concerns relating to their personal and sensitive information, they may be addressed to 022 61891328. For more details please refer to the Scheme related documents available on our website viz. www.indiabullsamc.com/.

    Investors/clients/customers shall have expressly consented to the terms of this Policy if they enter and use this Mobile App or provide any information while transacting with us.

    P. You hereby agrees that:

      i. Mutual Fund investments are subject to market risks, read all scheme related documents carefully

      ii. All eligible benefits on investments will be as per the provisions of Income Tax Act 1961 as amended from time to time.

      iii. This service does 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.

      iv. Whilst every reasonable precaution has been taken to ensure the accuracy, security and confidentiality of data and information available through the Investment Account, the IBMF/its service provider shall not be held responsible for any consequence of any action carried out by you.

      v. The Services/facility may be suspended or withdrawn at any time, and that the Investment Account facility is also subject to interruption.

      vi. The Mobile App and the linked backend infrastructure may be inaccessible and/or unavailable at times. In such an event IBMF will not be liable for any damage, liability, action, cause of action, suit, claim, demand, loss, cost, and expense arising directly or indirectly from or in connection with such system inaccessibility and/or unavailability

      vii. The IBMF makes no express or implied warranty:

        a) that the dealing through the Investment Account will be uninterrupted or free from errors or that any identified defect will be corrected;

        b) that the Investment Account service is free from any virus or other malicious, destructive or corrupting code, program;

        c) in relation to non-infringement of any third party rights, merchantability, satisfactory quality or fitness for a particular purpose.

      viii. IBMF and its service provider shall not be liable for any loss or damage or other consequences arising from any suspension, breakdown, withdrawal, interruption, technical flaw, the presence of virus or other malicious, destructive or corrupting code, programs over the Investment Account or otherwise and any consequent delay or failure in completion of any payment or other instructions as a consequence thereof arising from the use or inability to use the Investment Account.

      ix. IBMF and its 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.


    Q. Scenarios under which IAF may be suspended or unavailable

      - Complete CBS (Core Banking System) account number of the investor is NOT registered in the folio along with IFSC code

      - Investor’s bank is NOT Immediate Payment Service (IMPS) enabled

      - General shutdown of banking and internet network

      - Redemption amount is less than Rs. 500

      - Redemption amount is more than the maximum permissible amount per day

      - Redemption amount in terms of units is more than allotted units at the time of redemption

      - Redemption towards the lien marked or freeze units

      - Redemption towards the units held in Demat mode

      - AMC maintains certain cash reserve towards instant access facility. Any excess redemption request beyond available cash surplus shall be processed as normal redemption.


    R. Governing laws

    This Terms & Condition shall be governed by, and construed in accordance with, the laws of India, and shall be subject to the exclusive jurisdiction of the courts in New Delhi. All disputes concerning the Terms & Condition shall be first referred to mediation, and then to Arbitration by a sole arbitrator appointed by IBMF. The seat of arbitration shall be at New Delhi.