We, M/s. WEALTHCHUNK INVESTMENTS PRIVATE LIMITED, a private
limited company, incorporated under the provisions of the Companies Act 2013, having its
registered office at “XA1 C9, Sakhardande Apartments, Dr Dada Vaidya Road, Panaji, Goa403001”, represented by its Directors, hereinafter referred to as the “Company” (where such
expression shall, unless repugnant to the context thereof, be deemed to include its respective
legal heirs, representatives, administrators, permitted successors and assigns).
The Company ensures steady commitment to Your usage of the Platform and privacy with
regard to the protection of Your invaluable information. This document contains information
about the Website and domain“http://www.wealthchunk.com/” (hereinafter referred to as the
“Platform”).
For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
- “Wealthchunk Investments” or “us” or “we” or “our” shall mean and refer to
Wealthchunk Investments Private Limited. and its affiliates, officers, employees, agents,
partners and licensors, as the context so requires.
- “RTA” shall mean Registrar and Transfer Agent
- “Registered User” or “Registered Customer” shall mean and include the users or customers
who have an investment Account with Wealthchunk Investments to avail the Services or
any part thereof, as provided on the Website.
- “SIP” shall mean Systematic Investment Plans.
- “NAV” shall mean Net Asset Value.
- “Past Performance”
- “Return Calculator”
- “Name of the Scheme”
- “Inception Date”
- “Account” shall mean the account opened with Wealthchunk Investments by the
Registered Users, for use of the APP or making investments through the APP.
- “AMC” shall mean and include Asset Management Company.
- “BSE” shall mean Bombay Stock Exchange.
- “User”, “You/you”, “Your/your” means any person, user, Registered User, viewer or
Registered Customer who views, browses, accesses or uses our APP and is competent to
enter binding contracts, as per Indian laws.
- “Use” or “Using” means to browse, access, view, copy, availing Services or other benefits
from using the Website.
- “Services” means the service of access to Wealthchunk Investments online technology
platform for the purchase, SIP, Lumpsum, and redemptions of units of mutual funds listed
on the Wealthchunk Investments Application by users, on the Terms and Conditions as
mentioned
- “Third Parties” refer to any Application, company or individual apart from the User and
the creator of this Application.
- The term “Platform” refers to the Website/Domain created by the Company which provides
the Client to avail services of the Company using the platform.
- “Personal Information” shall mean and refer to any personally identifiable information that
We may collect from You such as Name, Email Id, Mobile number, Password, Photo etc.
For removal of any doubts, please refer to Clause 2.
- The headings of each section in these Terms are only for the purpose of organizing the
various provisions under these Terms in an orderly manner and shall not be used by
either Party to interpret the provisions contained herein in any manner. Further, it is
specifically agreed to by the Parties that the headings shall have no legal or contractual
value.
- The use of this Platform by the Users is solely governed by these Terms as well as the
Privacy Policy and other policies as listed on the Platform, and any modifications or
amendments made thereto by the Company, from time to time, at its sole discretion. If You
continue to access and use this Platform, you are agreeing to comply with and be bound by
the following Terms and Conditions of Use and Our Privacy Policy. The User expressly
agrees and acknowledges that these Terms and Policy are co-terminus in nature and that
expiry/termination of either one will lead to the termination of the other
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute a
legally binding agreement between the User and the Company, and that the User shall be
subject to the rules, guidelines, policies, terms, and conditions applicable to any service that
is provided by the Platform, and that the same shall be deemed to be incorporated into these
Terms, and shall be treated as part and parcel of the same. The User acknowledges and
agrees that no signature or express act is required to make these Terms and the Policy
binding on the User and that the User’s act of visiting any part of the Platform constitutes
the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without
any prior permission or intimation to the User, and the User expressly agrees that any such
amendments or modifications shall come into effect immediately. The User has a duty to
periodically check the terms and stay updated on its requirements. If the User continues to
use the Platform following such a change, the User will be deemed to have consented to any
and all amendments/modifications made to the Terms. In so far as the User complies with
these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited
privilege to access and use the Platform and the Services. If the User does not adhere to the
changes, then they must immediately stop using the Services at once. Your continued use
of the Services will signify your acceptance of the changed terms.
The user must be registered on the platform in order to avail the services offered by it. General Terms
- The Users are also provided with an option to link their Facebook/Google accounts
with the Platform at the time of their registration in order to smoothen the process of
registration.
- Registration for this Platform is available only to those above the age of Eighteen (18)
years, barring those “Incompetent to Contract” which inter alia include insolvents.
If you are a minor and wish to use the Platform as a User, You may do so through
your legal guardian and the Company reserves the right to terminate your account on
knowledge of you being a minor and having registered on the Platform or availing any
of its Services.
- Further, at any time during Your use of this Platform, including but not limited to the
time of registration, You are solely responsible for protecting the confidentiality of
Your Username and password, and any activity under the account shall be deemed to
have been done by You. In the case that you provide us with false and/or inaccurate
details, or we have reason to believe you have done so, we hold the right to
permanently suspend your account. You agree that you will not disclose your
password to any third party and that you will take sole responsibility for any activities
or actions under your account, whether or not you have authorized such activities or
actions. You will immediately notify us of any herein below the use of your account.
The Platform/domain is owned, created and operated by M/s Wealthchunk Investments
Private Limited; a company incorporated under the provisions of the Companies Act 2013.
The Platform shall act as a one-stop solution for all financial services especially in the field of
investment. Only the registered Users of the platform shall be the ones who would be eligible
to avail its services. The users must register on the platform and upon registration, they shall
be provided with a login ID and password with which they shall be eligible to choose a
password and create their account. User investment Account will be activated after
Wealthchunk Investments completes the verification process on the personal information
provided at the time of enrollment and in accordance with the Know Your Client (“KYC”)
guidelines issued by the Securities and Exchange Board of India (“SEBI”). The Users availing
services shall be registered users of the platform, while the registration has been made
mandatory by the Platform and Company, it's free of cost and no charges, hidden charges shall
be applicable.
The Platform contains a User Dashboard which shall be accessible by the Registered Users
post-registration which shall provide the User with the Mutual Fund details such as the
following but not limited to the same.
- Name of Fund Scheme
- Period of the scheme
- Amount payable
- Total interest received on the amount given
The platform, however, does not provide any guarantee to its users that their mere listing on
the platform shall result in an increase in profits.
The fund's transfer for the purchase of units of mutual funds will be done by using an electronic
payment gateway facility(“Electronic Payment Gateway”), only internet banking facility shall
be offered for the transaction on the Website, through a third party net banking service provider
registered with the Reserve Bank of India. User cannot use or permit the use of the Electronic
Payment Gateway or any related services for any illegal or improper purposes.
Users shall utilize the Electronic Payment Gateway at their own risk. These risks would include
but not be limited to the following risks and Wealthchunk Investments disclaims all liability
and responsibility for any claims, losses, damages, costs of whatsoever nature arising due to
such risks.
The Users jointly represents and warrants that they are competent and eligible to enter
into legally binding agreements and of 18 years of age and that they have the requisite authority
to bind themselves to these Terms in accordance with the Law.
The Users further represents that they will comply with this Agreement and all applicable local,
state, national and international laws, rules and regulations.
The Users may not use the Platform if they are not competent to contract or are disqualified
from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos,
brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is
generated/provided or based on information provided by third parties and the Platform has no
control and make no guarantees regarding the quality, the accuracy, integrity or genuineness
of such information provided on the Platform.
All the Content displayed on the Platform is subject to copyright and shall not be reused by
any party (or a third party) without the prior written consent of the Company and the copyright
owner.
The Users are solely responsible for the integrity, authenticity, quality and genuineness of the
content provided on the Platforms and whilst feedback and comments by Users can be made
via the Platform, the Platform bears no liability whatsoever for any feedback or comments
made by the Users or made in respect of any of the content on the Platform. Further, the
6
Platform reserves its right to suspend the account of any User for an indefinite period to be
decided at the discretion of the Platform or to terminate the account of any User who is found
to have created or shared or submitted any Content or part thereof that is found to be
untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for
making good any financial or legal losses incurred through the creation/sharing/submission of
Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to
access the Content on the Platform. Users shall not copy, adapt, and modify any content
without written permission of the Company
- These Terms shall continue to form a valid and binding contract between the Parties
and shall continue to be in full force and effect until the User continues to access and
use the Platforms.
- The Users may terminate their use of the Platform at any time
- The Company may terminate these Terms and close a User’s account at any time
without notice and/or suspend or terminate a User’s access to the Platform at any time
and for any reason, if any discrepancy or legal issue arises.
- Such suspension or termination shall not limit our right to take any other action against
you that the Company considers appropriate.
- It is also hereby declared that the Company may discontinue the Services and
Platforms without any prior notice.
- The Company reserves the right, in its sole discretion, to unilaterally terminate the
User’s access to the Platform, or any portion thereof, at any time, without notice or
cause.
- The Platform also reserves the universal right to deny access to particular users, to
any/all of are on its Platform without any prior notice/explanation in order to protect
the interests of the Platform and/or other visitors to the Platform.
- The Platform reserves the right to limit, deny or create different access to the Platform
and its features with respect to different Users, or to change any of the features or
introduce new features without prior notice.
- The User shall continue to be bound by these Terms, and it is expressly agreed to by
the Parties that the Usershall not have the right to terminate these Terms till the expiry
of the same.
By using this Platform and providing his/her identity and contact information to the Company
through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS
from the Company and/or any of its representatives at any time.
Clients can report to “support@wealthchunk.com” if they find any discrepancy about the
Platform or content-related information then the Company will take necessary action after an
investigation. The response with resolution (if any issues found) shall be dependent on the time
is taken for investigation.
The User expressly agrees that notwithstanding anything contained hereinabove, it may be
contacted by the Company or any representatives relating to any Product purchased by the
User on the Platform or anything pursuant thereto and the Users agrees to indemnify the
Company from any and all harassment claims. It is expressly agreed to by the Parties that any
information shared by the User with the Company shall be governed by the Privacy Policy.
The User availing the content available on the platform is free of cost towards the usage of
the platform. The Company will not be liable for any credit or debit card fraud. The liability to use a card
fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the
user. To provide a safe and secure investing experience, the Company regularly monitors
transactions for fraudulent activity. In the event of detecting any suspicious activity, the
Company reserves the right to cancel all past, pending and future orders without any liability.
The Company shall disclaim all responsibility and owns no liability to Users for any outcome
(incidental, direct, indirect or otherwise) from the use of the Services. The Company, as a
merchant, shall be under no liability whatsoever in respect of any loss or damage arising
directly or indirectly out of the decline of authorization for any Transaction, on Account of the
Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank
from time to time.
FEES AND CHARGES
- While currently, the Services offered by Wealthchunk Investments are free of
transaction charges, user acknowledges that Wealthchunk Investments reserves the
right to charge fees in the future for the Services or any other services offered by
Wealthchunk Investments. Any such changes will be communicated by Wealthchunk
Investments via email 30 (thirty) days ahead of implementation and will be displayed
on the Wealthchunk Investments. Under such circumstances, the user has the option to
transfer its assets out of its Account without incurring any costs payable to Wealthchunk
Investments.
- User agrees and understands that any such charges/fees that Wealthchunk Investments
may choose to levy will be in addition to those levied by the mutual funds if any. All
fees, charges and reimbursement of expenditure shall be paid or made in full by the user
without any counterclaim, set-off or withholding. All liabilities and obligations of the
Registered Customer(s) hereunder to Wealthchunk Investments /mutual
fund/AMCs/trustees of the AMC shall be joint and/or several, as the case may be.
User agrees and acknowledges that it shall be the obligation of the AMC and not of
Wealthchunk Investments to regularly send to the Registered Customer such communications
as required under the SEBI regulations.
The User agrees and acknowledges that they are a restricted user of this Platform and that they:
- Agree to provide genuine credentials during the process of registration on the Platform.
You shall not use a fictitious identity to register. Company is not liable if the User has
provided incorrect information.
- Agree to ensure the Name, Email address, Address, Mobile number and any such other
information provided during account registration is valid at all times and shall keep your
information accurate and up to date.
- Users agree that they are solely responsible for maintaining the confidentiality of your
account password. You agree to notify us immediately of any unauthorized use of your
account. Company reserves the right to close your account at any time for any or no reason
- Understand and acknowledge that the data submitted is manually entered into the database
of the Platform. The User also acknowledges the fact that data so entered into the database
is for the purpose of easy and ready reference for the User, and to streamline the Services
through the Platform.
- Authorize the Platform to use, store or otherwise process certain personal information and
all published Content, Client responses, Client locations, User comments, reviews and
ratings for personalization of Services, marketing and promotional purposes and for
optimisation of User-related options and Services.
- Understand and agree that, to the fullest extent permissible by law, the Platform/Company
and their successors and assigns, or any of their affiliates or their respective officers,
directors, employees, agents, licensors, representatives, operational service providers,
advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or
indirect, in connection with or arising from use of the Platform or from this terms of use,
including, but not limited to, compensatory, consequential, incidental, indirect, special or
punitive damages
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post,
publish or create derivative works from, transfer, or sell any information or obtained from
the Platform. Any such use/limited use of the Platform will only be allowed with the prior
express written permission of the Company.
- Agree not to access (or attempt to access) the Platform and/or the materials or Services by
any means other than through the interface provided by the Platform. The use of deep-link,
robot, spider or other automatic devices, program, algorithm or methodology, or any similar
or equivalent manual process, to access, acquire, copy or monitor any portion of the
Platform or its content, or in any way reproduce or circumvent the navigational structure
or presentation of the Platform, materials or any content, or to obtain or attempt to obtain
any materials, documents or information through any means not specifically made available
through the Platform will lead to suspension or termination of the User’s access to the
Platform. The User acknowledges and agrees that by accessing or using the Platform or
any of the Services provided therein, it may be exposed to content that it may consider
offensive, indecent or otherwise objectionable. The Company disclaims any and all
liabilities arising in relation to such offensive content on the Platform.
- Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the Company and that the Company is in no way
responsible for the content of the same. The User may, however, report any offensive or
objectionable content, which the Company may then remove from the Platform, at its sole
discretion.
The User further undertakes not to:
- Engage in any activity that interferes with or disrupts access to the Platform or the
Services provided therein (or the servers and networks which are connected to the
Platform);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her
affiliation with a person or entity;
- Probe, scan or test the vulnerability of the Platform or any network connected to the
Platform, nor breach the security or authentication measures on the Platform or any
network connected to the Platform. The User may not reverse look-up, trace or seek to
trace any information relating to any other User of, or visitor to, the Platform, or any
other viewer of the Platform, including any User account maintained on the Platform
not operated/managed by the User, or exploit the Platform or information made
available or offered by or through the Platform, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Platform,
systems resources, accounts, passwords, servers or networks connected to or accessible
through the Platform or any affiliated or linked Platforms.
- Use the Platform or any material or content therein for any purpose that is unlawful or
prohibited by these Terms, or to solicit the performance of any illegal activity or other
activity which infringes the rights of this Platform or any other third party (s);
- Violate any code of conduct or guideline which may be applicable for or on any service
offered on the Platform.
- Violate any applicable laws, rules or regulations currently in force within or outside
India
- Violate any portion of these Terms or the Privacy Policy, including but not limited to
any applicable additional terms of the Platform contained herein or elsewhere, whether
made by amendment, modification, or otherwise
- Commit any act that causes the Company to lose (in whole or in part) the Services of
its Internet Establishment ("ISP") or in any manner disrupts the Services of any other
supplier/service provider of the Company/Platform;
- The User hereby expressly authorizes the Company/Platform to disclose any and all
information relating to the User in the possession of the Company/Platform to law
enforcement or other government officials, as the Company may in its sole discretion,
believe necessary or appropriate in connection with the investigation and/or resolution
of possible crimes, especially those involve personal injury and theft/infringement of
intellectual property. The User further understands that the Company/Platform might
be directed to disclose any information (including the identity of persons providing
information or materials on the Platform) as necessary to satisfy any judicial Order, law,
regulation or valid governmental request.
- By indicating User's acceptance to purchase any product or service offered on the site,
the user is obligated to complete such transactions after making payment. Users shall
prohibit from indicating their acceptance to avail services where the transactions have
remained incomplete.
- The User agrees to use the services provided by the Company, its affiliates, consultants
and contracted companies, for lawful purposes only.
- The User agrees to provide authentic and true information. The Company reserves the
right to confirm and validate the information and other details provided by the User at
any point of time. If upon confirmation such User details are found to be false, not to
be true (wholly or partly), the Company shall in its sole discretion reject the registration
and debar the User from using the Services available on its Website, and/or other
affiliated websites without prior intimation whatsoever
- The User agrees not to post any material on the website that is defamatory, offensive,
obscene, indecent, abusive, or needlessly distressful, or advertising any goods or
services. More specifically, the User agrees not to host, display, upload, update, publish,
modify, transmit, or in any manner share any information that:
- belongs to another person and to which the User has no right to
- is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilic, libellous, invasive of another's privacy, hateful,
or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever;
- is in any way harmful to minors;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in
nature;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or
otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise
misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
libellous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever; or unlawfully
threatening or unlawfully harassing including but not limited to "indecent
representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
- Threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement
to the commission of any cognizable offence or prevents investigation of
any offence or is insulting any other nation.
Notwithstanding other legal remedies that may be available, the Company may in its sole
discretion, limit the User’s access and/or activity by immediately removing the User’s access
credentials either temporarily or indefinitely, or suspend/terminate the User’s association with
the Platform, and/or refuse to usage of the Platform to the User, without being required to
provide the User with notice or cause:
- If the User is in breach any of these Terms or the Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If the User’s actions may cause any harm, damage or loss to the other Users or to
the Company, at the sole discretion of the Company.
The Users of this Platform agree to indemnify, defend and hold harmless the
Company/Platform, and their respective directors, officers, employees and agents (collectively,
"Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs
and expenses (including legal fees and disbursements in connection therewith and interest
chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be
payable by virtue of, any breach or non-performance of any representation, warranty, covenant
or agreement made or obligation to be performed pursuant to these terms of use. Further, the
User agrees to hold the Company/Platform harmless against any claims made by any third party
due to, or arising out of, or in connection with:
- User’s use of the Platform
- User’s violation of these Terms and Conditions;
- User’s violation of any rights of another;
- User’s alleged improper conduct pursuant to these Services;
- User’s conduct in connection with the Platform;
User agrees to fully cooperate in indemnifying the Company and the Platform at the user’s
expense. The user also agrees not to reach a settlement with any party without the consent of
the Company
In no event shall the Company/Platform be liable to compensate the User or any third party for
any special, incidental, indirect, consequential or punitive damages whatsoever, including
those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not
the Company/ Platform had been advised of the possibility of such damages, or based on any
theory of liability, including breach of contract or warranty, negligence or other tortuous action,
or any other claim arising out of or in connection with the User’s use of or access to the Platform
and/or the Services or materials contained therein.
- The Founders/ Promoters/ Partners/ Associated people of the Company/Platform are not responsible for any consequences arising out of the following events
- If the Platform is inoperative/non-responsive due to any connectivity errors
associated with the internet connection such as but not limited to slow
connectivity, no connectivity, server failure;
- If the User has fed incorrect information or data or for any deletion of data;
- If there is an undue delay or inability to communicate through email;
- If there is any deficiency or defect in the Services managed by Us;
- If there is a failure in the functioning of any other service provided by the
Platform.
- The Platform accepts no liability for any errors or omissions, on behalf of itself, or for
any damage caused to the User, the User’s belongings, or to any third party, resulting
from the use or misuse of the Platform or any service availed of by the User through the
Platform. The service and any Content or material displayed on the service is provided
without any guarantees, conditions or warranties as to its accuracy, suitability,
completeness or reliability. The Platform will not be liable to you for the unavailability
or failure of the Platform
- Users are to comply with all laws applicable to them or to their activities, and with all
Policies, which are hereby incorporated into this Agreement by reference.
- The Platform expressly excludes any liability for any loss or damage that was not
reasonably foreseeable by the Platform and which is incurred by you in connection with
the Platform, including loss of profits; and any loss or damage incurred by you as a result
of your breach of these terms.
- To the fullest extent permitted by law, the Platform shall not be liable to you or any other
party for any loss or damage, regardless of the form of action or basis of any claim. You
acknowledge and agree that your sole and exclusive remedy for any dispute with us is to
terminate your use of the Platform.
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to
use any of the Platform’s trade names, trademarks, service marks, logos, domain names,
information, questions, answers, solutions, reports and other distinctive brand features, save
according to the provisions of these Terms. All logos, trademarks, brand names, service marks,
domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company
or the respective copyright or trademark owner. Furthermore, with respect to the Platform
created by the Company, the Company shall be the exclusive owner of all the designs, graphics
and the like, related to the Platform
The User may not use any of the intellectual property displayed on the Platform in any manner
that is likely to cause confusion among existing or prospective Users of the Platform, or that in
any manner disparages or discredits the Company/Platform, to be determined in the sole
discretion of the Company
The User is aware all intellectual property, including but not limited to copyrights, relating to
said services resides with the owners, and that at no point does any such intellectual property
stand transferred from the aforementioned creators to the Company, or to any other User. The
User is aware that the Company merely provides a platform through which the Users can
communicate and schedule meetings, and the Company/Platform does not own any of the
intellectual property relating to the independent content displayed on the Platform, apart from
originally created graphics and specified content.
The User is further aware that any reproduction or infringement of the intellectual property of
the aforementioned owners by the User will result in legal action being initiated against the
User by the respective owners of the intellectual property so reproduced/infringed upon. It is
agreed to by the Parties that the contents of this Section shall survive even after the termination
or expiry of the Terms and/or Policy.
- The User agrees and undertakes that they are accessing the Platform at their sole
risk and are that they are using their best and prudent judgment before availing any
service listed on the Platform or accessing/using any information displayed thereon
- The User agrees that any kind of information, resources, activities,
recommendations obtained/availed from Platform, written or oral, will not create any
warranty and the Platform disclaims all liabilities resulting from these.
- The Company/Platform does not guarantee that the Services contained in the
Platform will be uninterrupted or error-free, or that the Platform or its server will be free
of viruses or other harmful components, and the User hereby expressly accepts any and
all associated risks involved with the User’s use of the Platform
- It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy
Neither the Company nor the Platform shall be liable for damages for any delay or failure to
perform its obligations hereunder if such delay or failure is due to cause beyond its control or
without its fault or negligence, due to Force Majeure events including but not limited to acts
of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute,
internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal
or unauthorized.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance
of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate
Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents
of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve
the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event
that the Parties are unable to reach such an amicable solution within thirty (30) days of one
Party communicating the existence of a dispute to any other Party, the dispute will be
resolved by arbitration, as detailed hereinbelow;
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by
mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by
the Company, and the award passed by such sole arbitrator will be valid and binding on all
Parties. The Parties shall bear their own costs for the proceedings, although the sole
arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the
proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall
be Panaji, Goa, India.
The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements
entered into between the Parties are governed by the laws, rules and regulations of India.
Any notice or other correspondence addressed by Wealthchunk Investment to the user may be
addressed to the address provided by the users at the time of enrollment. If according to user
there is any discrepancy in the particulars or details of transaction or account of statement then,
it shall be the responsibility of the user to intimate the same to Wealthchunk Investment and to
the concerned mutual fund/AMC/authorised registrar of the AMC in writing within 7 (seven)
working days of receiving notice thereof, falling which such transaction, statement or account
(as the case may be) shall be deemed to be correct and accepted by user and users shall not be
entitled to question the correctness or accuracy thereof.
- Entire Agreement: These Terms, read with the Policy, form the complete and final
contract between the User and the Company with respect to the subject matter hereof
and supersedes all other communications, representations and agreements (whether
oral, written or otherwise) relating thereto.
- Waiver: The failure of either Party at any time to require performance of any
provision of these Terms shall in no manner affect such Party's right at a later time to
enforce the same. No waiver by either party of any breach of these Terms, whether by
conduct or otherwise, in any one or more instances, shall be deemed to be or construed
as a further or continuing waiver of any such breach, or a waiver of any other breach
of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or
unenforceable by any court or authority of competent jurisdiction, the validity, legality
and enforceability of the remaining provisions/clauses of these Terms shall in no way
be affected or impaired thereby, and each such provision/clause of these Terms shall
be valid and enforceable to the fullest extent permitted by law. In such case, these
Terms shall be reformed to the minimum extent necessary to correct any invalidity,
illegality or unenforceability, while preserving to the maximum extent the original
rights, intentions and commercial expectations of the Parties hereto, as expressed
herein.
- Contact Us: If you have any questions about this Policy, the practices of the Platform,
or your experience with the Service provided by the Platform, you can contact us at
"support@wealthchunk.com".