Terms and Conditions

FinEdge Wealth Management Services Agreement

Date of last revision: Aug 23, 2023

This Services Agreement (“Agreement”) is made and entered into:

Between

1. Financial Edge Fintech Private Limited, having its principal place of business at 3rd Floor, Plot no.14, Sector- 44, Gurugram, Haryana (hereinafter referred to as “FinEdge”);

And

2. You(hereinafter collectively referred to as "Client" or "You"). If you are entering into this Agreement on behalf of a legal entity you represent that you have the authority to bind such entity to these terms and conditions, in which case the term "Client" or “You” shall refer to such entity.

Whereas:

  • FINEDGE is engaged in providing a host of wealth management services as set out under Annexure 1 to this Agreement (“Services”) in accordance with applicable law.
  • You wish to utilise the Services of FinEdge. For the purposes of this Agreement, the “FinEdge” means and refers to the following entities:
    • Financial Edge Fintech Private Limited, an AMFI registered Mutual Fund Distributor bearing ARN-83676 engaged in providing Mutual Fund distribution and allied financial services and as an Insurance Corporate Agent (Composite) by the IRDAI for distribution of insurance products bearing registration number CA0520

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein, FinEdge and You hereby agree as follows:

I. Using Our Services

  • You may make use of our Services through our online web portal, mobile app; other online mechanisms and through interaction with our relationship managers, Investment Managers, Service Manager as the case may be.
  • FinEdge complies with all regulations and compliances as per Indian law. If you are accessing our Services from any jurisdiction outside India, the onus of compliance with the local laws lies on you.
  • Some of the Services, provided by us or our Service Partners, may have restrictions on use depending on criteria such as, but not limited to, your place of residence, nationality, age, wealth, source of income/wealth etc. You agree to provide accurate information for us and our Service Partners to comply with such restrictions.
  • If you have provided us with your contact details, such as email or phone number, we may send you announcements, messages or information on our Services and how to use them. You may opt out of some of these messages unless they are necessary for the delivery of Services; for compliance with regulations; or, for information security, for e.g., password change alerts cannot be opted out of.
  • Some of the Services, provided by us or our Service Partners, may have restrictions on use depending on criteria such as, but not limited to, your place of residence, nationality, age, wealth, source of income/wealth etc. You agree to provide accurate information for us and our Service Partners to comply with such restrictions.
  • You agree that in the event the Services rendered by FinEdge under this Agreement are availed by multiple persons, then, Client 1 will be designated as the primary contact and appointed as the single point of contact by the signatories of this Agreement. The primary contact shall communicate with FinEdge with respect to this Agreement and any other matters pertaining to the Client’s accounts. Any change in the designated primary contact shall forthwith be communicated to FinEdge, in writing. In case of a legal entity, the primary contact shall be the person duly authorised by the legal entity to sign this agreement.
  • Your clicking on the “I accept” checkbox is the legal equivalent of your signing this Agreement and accepting the terms thereof. Utilisation of certain Services shall require your additional consent which shall be recorded as and when you choose to utilise such Services. Any additional details or information regarding provision of any Services, as required by Applicable Law, shall be displayed to you prior to your utilisation of any such Services.
  • Please don’t misuse, disrupt, interrupt, destroy or limit the functionality of our Services; or try to access them using a method other than the interface and the instructions that we provide. If you do so, we may stop providing our Services to you and pursue legal action against you.

II. Identity & Authentication

FinEdge will establish your identity on its online Services by means of a phone number or email and will authenticate it by either a password selected by you, or a one time password (OTP) sent to your email or mobile phone. Any instructions provided to, or communication with, FinEdge or its Service Partners which are so authenticated will be considered to have originated from you.

III. Distribution services with respect to capital market or Insurance products

  • You may need to meet certain threshold requirements, as described in the description of Services, to be a FinEdge Client. FinEdge reserves the right to add certain stipulations for offering services for the choice made by you and these will be added in relevant annexures.
  • b. Terms of Distribution Services, as have been set out in Annexure 2 shall apply to Clients, to the extent applicable and permissible by law. The Terms of Distribution Services are hereafter collectively referred to as “Subscription Agreements”.

IV. Third Party Service Partners

For the provision of Services, FinEdge may utilise third party service partners (“Service Partners”) other than FinEdge. The use and operation of any integrated services from our Service Partners such as portfolio management, investing, redemptions, borrowing, insurance, data aggregation, portfolio viewing, data storage etc. will be additionally governed by the relevant service terms and contracts of the respective Service Partners. FinEdge shall not be liable for any penalties, loss or damage which is incurred by You due to the negligence or actions of any Service Partner of FinEdge and not caused by any action of FinEdge.

V. Provision of Services

You acknowledge and agree that, for the provision of Services under this Agreement:

  • FinEdge shall carry out all activities that are required to fulfil its regulatory obligations for the provision of Services under this Agreement.
  • Your access to our Services is associated with a username and password (together “Login Credentials”) and FinEdge will consider the instructions placed with the use of your Login Credentials to have originated from You. You are solely responsible for the security of your Login Credentials. FinEdge shall not be held liable for carrying out any instructions placed from your account utilising your Login Credentials which may be unauthorized due to any reason including an information leak or security breach on your part.
  • FinEdge may utilise third party vendors (“Vendors”) for support in provision of Services.
  • FinEdge, or its Vendors, may:
    • Contact you on issues relating to provision of Services;
    • Communicate with its Service Partners or Manufacturers (as defined under Annexure 2) and their authorized service providers on your behalf for financial or non-financial transactions;
    • Record all your interactions with them including phone calls, chats, conversations and emails, with its employees for legal compliance, security, employee training, and other lawful purposes.
  • Any sort of graphical representations, recommendations, feedback and reviews, provided on the investment platform, are in no way a guarantee for the performance of the securities, mutual funds and other financial products.
  • Other than as expressly set out in this Agreement, neither FinEdge nor any of its Service Partners, as the case may be, make any specific promises about the Services provided. The Services are provided as is.
  • Your bank may charge you a fee for facilitating transactions, or for failing to maintain sufficient balance to make an investment from your bank account. FinEdge does not levy nor does it receive those charges.

VI. Grievance Redressal & Communication

FinEdge provides multiple channels for you to request for support or to communicate any grievances you may have:

  • By sending an email to info@finedge.in
  • By phone on 0124-6619500

Any of your queries & requests shall be responded to within 2 (two) working days of receipt. Resolution, appropriate and to your satisfaction shall be provided as soon as possible depending upon the nature of the request.

VII. Privacy and Data Protection

  • Under no circumstances will we sell or rent your personal information to anyone, for any reason, at any time.
  • FinEdge shall use your data specifically for the provision of Services you have subscribed to, and in accordance with the Privacy Policy set out in Annexure 4 of this Agreement.
  • You provide your explicit consent to share your data across the entities comprising the FinEdge to the extent required for provision of the Services, and as may be required to comply with any regulatory requirements.
  • Where the Services under this Agreement are being availed together as a family by multiple Clients, each Client provides explicit consent to FinEdge to share their data with the other Clients who are signatories under this Agreement for the purpose of provision of Services.
  • FinEdge may use the unique identifier of your device for security purposes to track suspicious activity and for enabling certain features. For instance, if we detect that your account is being accessed from multiple devices, we may contact you to ensure that you have authorised such access.

VIII. Use of Google Analytics

FinEdge uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses first-party cookies to report on user interactions with our web-based services. These cookies store non-personally identifiable information. Google Analytics aggregates technical data (non personally identifiable data relating to your usage of our website) with data collected from other users. FinEdge uses this information to identify the most popular areas of the Services and how to best present and customise them.

For more information about how Google handles technical information, please visit the site, "How Google uses data when you use our partners’ sites or apps", (located at:www.google.com/policies/privacy/partners ). Under no circumstances will your email, password, any personal financial data be collected by or shared with Google Analytics.

IX. Fiduciary Duties and Fairness of Charges

In providing you its Services, FinEdge will:

  • Put your best interests first;
  • Act with prudence, that is, with the skill, care, diligence and good judgment of a professional;
  • Provide conspicuous, full and fair disclosure of all important facts and not mislead you in any manner;
  • Avoid conflicts of interest;
  • Fully disclose and fairly manage, in your favour, any unavoidable conflicts.

X. Limitation of Liability

You will not dispute and/or hold FinEdge responsible for:

  • Any act that is not an obligation of FinEdge in this Agreement.
  • Any disclosures made by FinEdge to any statutory body under any law.
  • Any loss, notional or otherwise, incurred because of:
    • Delays either at the bank, bank payment systems, Registrar and Transfer Agency or any Asset Management Company/ Mutual Fund/ Insurance Companies  or any other similar agencies or entities;
    • Rejection of your instructions by the Bank, Registrar and Transfer Agency or any Manufacturer;
    • Providing access to information and/or processing of instructions authenticated by your Login Credentials;
    • Non-availability or non-accessibility of the website, mobile application, electronic payment gateway, telephone(s), or office(s) of FinEdge for reasons including those beyond FinEdge’s control;
    • Any penalties, loss or damage to you which is due to the negligence or actions of any Service Partner of FinEdge and not caused by any action of FinEdge;
    • Any act of Force Majeure (as defined hereunder);
    • Any inaccuracy or typographical error on our website or the mobile application or any written, E-mail & SMS communication. FinEdge specifically disclaims any liability for such inaccuracies or errors;
    • Depletion of value of securities or Products (as defined under Annexure 2) as a result of fluctuation in value of the securities / Products or on account of non-performance or underperformance of the securities or Products or any other market conditions;
    • Any act, omission or delay attributed to you or any Service Partners resulting in FinEdge not being able to provide the Services to you.

You further acknowledge and agree that, to the maximum extent permitted by law, neither FinEdge nor any of its Service Partners or Vendors will be liable for any incidental, special, exemplary or consequential damages, including loss of profits, loss of data or loss of goodwill, service interruption or in connection with the terms of this Agreement, as a result of your use of Services.

XI. FinEdge Intellectual Property

  • FinEdge owns all intellectual property rights in respect of the Services including any literature, reports, data, drawings, copyrights, designs, diagrams, tables, software, source code or object code or other information or materials, howsoever stored or held, acquired, created, developed, designed or in any way prepared, by FinEdge. The “FinEdge” name and logos and all related names, trademarks, service marks, design marks, and slogans are the trademarks or service marks of Financial Edge Fintech Private Limited.
  • Using our Services does not give you ownership of any intellectual property rights, including any branding or logos, in our Services or the content you access. You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through FinEdge, except that which you may download for personal, non‐commercial use. You may not use content from our Services unless you obtain our permission first, and attribute ownership appropriately
  • You may not use the FinEdge logo in any manner that is deceptive or disparaging, or in connection with any product or service that FinEdge does not explicitly endorse.

XII. Your Content in Our Services

Some of our Services allow you to upload, submit, store, send or receive content. When you upload, submit, store, publish, send or receive content to or through our Services, you provide us with your consent to utilise such content, including for our marketing purposes, subject to our Privacy Policy.

Such content must not:

  • Be harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially or ethnically objectionable, disparaging, and relating to, or encouraging money laundering or gambling.
  • Harm minors in any way.
  • Infringe any patent, trademark, copyright or other intellectual property rights.
  • Deceive or mislead the reader about the origin of such messages or communicate any information that is grossly offensive or menacing in nature.
  • Contain software viruses or any other programs designed to interrupt, destroy or limit the functionality of another computer or mobile device.
  • Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order.
  • Cause the incitement to commit any offence or prevent the investigation of any offence.
  • Be insulting to any other nation.
  • Impersonate another person.
  • Violate the provisions of the Information Technology Act, 2000 and rules and regulations thereunder or any other applicable laws.

XIII. Modification and Termination of Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and / or we may stop a Service altogether, either due to a management decision or regulatory restrictions. In each case, we will give you reasonable advance notice. In case you wish to discontinue using the Services of FinEdge, you may terminate your subscription in accordance with the termination provisions under the applicable Subscription Agreement. Even upon termination of the Subscription Agreement, the terms of this Agreement, to the extent applicable, shall continue to remain in force.

XIV. Indemnity

You agree to indemnify, defend, and hold FinEdge, its Service Partners and its Vendors harmless from and against any and all losses, including legal fees, arising out of or relating to your failure to comply with the provisions of this Agreement.

XV. Limitation of Remedies

  • In no event will FinEdge, its Service Partners, its Vendors or their respective officers, directors, or employees be liable for any action performed or omitted to be performed or for any errors of judgment in relation to your account.
  • FinEdge shall not be held accountable for any losses incurred as a result of any actions / occurrences as set out in Clause X (Limitation of Liability) of this Agreement or such actions / occurrences not attributable to FinEdge.
  • A gesture of goodwill on behalf of FinEdge such as refunds and / or reimbursement of transaction charges or any other sum, shall not constitute an acknowledgment of any wrongful act or liability by FinEdge and you shall not have any further or additional recourse, legal or otherwise against FinEdge.

XVI. Governing Law and Jurisdiction

  • This Agreement shall be construed in accordance with the laws of India. Notwithstanding the provisions of sub-clause (b) below, each of the parties submit to the exclusive jurisdiction of the courts of competent jurisdiction in Gurugram, Haryana, insofar as it relates to any party seeking to obtain injunctive or equitable relief.
  • If any dispute, controversy or claim among the parties arise out of or in connection with this agreement, the parties shall use all reasonable endeavors to resolve the dispute amicably. If a party gives the other party notice that a dispute has arisen, and the parties are unable to resolve the dispute amicably within fifteen days from the date of service of notice, then the dispute shall be referred to and finally be resolved by arbitration under the Arbitration and Conciliation Act, 1996.
  • The tribunal shall consist of a sole arbitrator, who shall be jointly appointed by the parties. If the parties to the dispute are unable to agree on a sole arbitrator within fifteen days after the dispute is referred to arbitration, the tribunal shall consist of three arbitrators, one to be appointed by claimant, the second to be appointed by the respondent, collectively, with the third arbitrator to be appointed by the first two arbitrators so appointed. The arbitral award shall be final and binding on the Parties.
  • The seat and venue of the arbitration shall be Gurugram, Haryana, India. The language of arbitration shall be English.
  • The parties shall bear their own legal and other costs and expenses necessary for resolution of the dispute.
  • If you do not comply with the terms of this Agreement, and we do not take action immediately, it will not be construed as our consent to your non-compliance. If any term contained in this Agreement is unenforceable, it will not affect the other Terms.

XVII. General Provisions

  • Force Majeure: The parties hereby agree that the period of time during which FinEdge is prevented or delayed in the performance or fulfilling any obligation hereunder, due to unavoidable delays caused by an event of Force Majeure shall be added to FinEdge’s time for performance thereof; and FinEdge shall have no liability by reason thereof. In such an event FinEdge agrees and endeavours to fulfil its obligations under this agreement as expeditiously as possible upon ceasing of such event of Force Majeure. A “Force Majeure” event for the purposes of this Agreement shall include an act of God, flood, earthquake, fire, explosion, strike, war, civil commotion, insurrection, embargo, riots, political disturbances, lockouts, epidemics, pandemics, any act, law, regulation or order of the government, systemic electrical, telecommunications, network or other utility failures affecting FinEdge to render services, including failure on account of a cyber threat / risk.
  • Severability: If any provision of this Agreement is held by a court of competent jurisdiction, or arbitration panel, as applicable, to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of this Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event this agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitration panel, as applicable.
  • The tribunal shall consist of a sole arbitrator, who shall be jointly appointed by the parties. If the parties to the dispute are unable to agree on a sole arbitrator within fifteen days after the dispute is referred to arbitration, the tribunal shall consist of three arbitrators, one to be appointed by claimant, the second to be appointed by the respondent, collectively, with the third arbitrator to be appointed by the first two arbitrators so appointed. The arbitral award shall be final and binding on the Parties.
  • Further Assurance: Each of the parties shall perform such further acts and execute such further documents as may reasonably be necessary to carry out and give full effect to the provisions of this Agreement and the intentions of the parties as reflected hereby.
  • Assignment: Neither You or FinEdge may assign or otherwise transfer the rights under this Agreement without written consent of the other.