Terms and conditions

Terms and Conditions

This Terms of Use Agreement is a binding contract between user and Insha Capitals Asset Management Company Limited (hereinafter referred to as “Insha Capital”, “Insha Capitals” “Insha Capitals AMC”, “AMC”, “we”, “us” or “our”). It governs user’s use of this website and all products, services (including transactional facilities), content, tools and information available through the website. By using or accessing this website and using the services, user accepts and agrees to be bound by these Terms of Use. If users do not agree with the terms and conditions of the Terms of Use Agreement, users are not granted permission to access or otherwise use this website.

Acceptance of the Terms of Use and any Amendments

This Terms of Use Agreement (the “Terms of Use”) states the terms and conditions under which user may use this website and all products, services (including facility to transact), content, tools, and information available through the website (referred to collectively as the “Site” or the “Site Content”). Please read the Terms of Use carefully. By accessing, browsing and/or using this Site, user acknowledges that user has read, understood and agrees to be legally bound by the Terms of Use. These Terms of Use are in addition to any other agreements between the user and Insha Capitals AMC, including any user or account agreements, and any other agreements that govern user’s use of AMC’s products, services (including services offered by AMC’s service providers), content, tools, and information available on this Site. User’s use of this Site is governed by the version of the Terms of Use in effect on the date this Site is accessed by user. AMC reserve the right to change the Site and the Terms of Use at any time, without notice. If user uses the Site after the amended Terms of Use have been posted, user will be deemed to have agreed to the Terms of Use, as amended. Changes in these Terms will be effective when such change / updated terms are posted. User’s continued use of the Web Site after any changes to these terms are posted will be considered acceptance of those changes. Users are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which users are bound.

These Terms of Use are in addition to any other agreements between the user and Insha Capitals AMC, including any user or account agreements, and any other agreements that govern user’s use of AMC’s products, services (including services offered by AMC’s service providers), content, tools, and information available on this Site.

User’s use of this Site is governed by the version of the Terms of Use in effect on the date this Site is accessed by user. AMC reserve the right to change the Site and the Terms of Use at any time, without notice. If user uses the Site after the amended Terms of Use have been posted, user will be deemed to have agreed to the Terms of Use, as amended. Changes in these Terms will be effective when such change / updated terms are posted. User’s continued use of the Web Site after any changes to these terms are posted will be considered acceptance of those changes. Users are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which users are bound.

Information for Investors not Authorized to use this site

This Site is intended solely for the use of Resident Indian(s), permitted Non-Resident Indians, persons of Indian Origin, and Foreign Investors and other investors, permitted to invest in PMSs and services offered by Insha Capitals AMC, as per prevailing laws & regulation established by SEBI & other regulatory bodies/ authorities. Nothing on this Site shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of that jurisdiction.

Authorized Use, Users and Online Account Access

Personal use –This Site is intended only for user’s personal, non-commercial use, unless user and AMC have agreed otherwise in writing.

Specified uses only – This Site is intended solely for the use of Resident Indian, Non-Resident Indians, persons of Indian Origin and Foreign Investors and other investors, permitted to invest in PMSs and services offered by Insha Capitals AMC, as per prevailing laws & regulations established by SEBI & other regulatory bodies/ authorities. If user does not fall under any of these categories, user alone shall be responsible and liable for compliance and / or non-compliance of the laws of the jurisdiction user is governed by. Further, if user chooses to access this Site from locations outside of India, user does so at his/her/its own initiative and risk, and will be responsible for compliance with all applicable laws. Any persons resident outside India who intend to utilise the material on this site must first satisfy themselves that they are not subject to any local requirements which restrict or prohibit them from doing so.

User online account access – If users maintains an account that users access through this Site, users will be solely responsible for maintaining the confidentiality of their account and password and for restricting access to users computer. User agrees to accept responsibility for all activities occurring under user’s account or password that are due to user’s conduct, inaction, or negligence. Notify AMC immediately if user becomes aware of any disclosure, loss, theft or unauthorized use of user’s password. Users use of this online facility shall be as required by us from time to time, including, but not limited to signing of an agreement in such form and manner as may be required by us.

No investment recommendations or professional advice; use of tools – This Site is not intended to provide any tax, legal, insurance or investment advice, and nothing on the Site should be construed as a recommendation, by AMC or any third party, to acquire or dispose off any investment or security, or to engage in any investment strategy or transaction. While certain tools available on the Site may provide general investment or financial analyses based upon users personalised input, such results are not to be construed as our providing investment recommendations or advice. Unless otherwise specified, user(s) alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for user based on his/ her/ its investment objectives and personal and financial situation. Users should consult a legal or tax professional regarding his/ her/ its specific legal or tax situation

Information other than that relating specifically to the AMC, Insha Capitals PMS and its products/services, is for information purposes only and should not be relied upon as a basis for investment decisions. AMC shall not be responsible for any information contained in any website linked from this website. AMC makes no representations whatsoever about any such website which the user may access through this site. AMC employs the best methods to keep the site updated and to ensure accuracy of information/data on the site. However, the information, products, and services included on this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. It is user’s responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided.

All information contained on any page set up by Insha Capitals is distributed with the understanding that the authors, publishers and distributors are not rendering legal, accounting or other professional advice or opinions on specific facts or matters and accordingly assume no liability whatsoever in connection with its use. Consult your own legal or tax advisor with respect to your personal situation. In no event shall AMC its staff / directors and AMC’s related, affiliated and group companies / entities be liable for any direct, indirect, special, incidental or consequential damages arising out of the use of this website and information therein.

Start up instructions

The user may avail of Online Transaction Facility for any of the following services that are being presently offered by the AMC:
1. Subscription and Additional Subscription to various schemes of the Fund including any new schemes launched by the Fund from time to time and which are tagged with the existing Schemes by the Fund for the purpose of conducting such online transactions.
2. Switching between schemes / plan / options, as permitted.
3. Redemption of units.
4. Special products (as and when offered by AMC through online facility)
5. Downloading Account Statements.
First time User can create User id (Registered email id) and password of his/ her choice or authenticate through registered mobile number/ email id. User having a folio number (User may have invested through physical mode earlier and wants to transaction later using online mode) can create User id after verification of basic details provided by the User in the application form. User will be required to enter Login Password for redemption/switch transactions; Users can invest, view valuation or download account statement in Insha Capitals PMS without PIN.
For Minimum application amount refer scheme SID / KIM. Transaction requests by all the Users shall be accepted by the AMC / its registrar only if it complies with the applicable laws and are in accordance with the terms and conditions specified in the respective Scheme Information Document(s) (as updated from time to time). The User undertakes to read and understand such Scheme Information Document(s) before investing.
Permanent Account Number (“PAN”) proof is mandatory for all applicants (except for Micro SIP, as permitted under extant laws), irrespective of the amount of investment. User should ensure that the PAN is correctly mentioned in the online application form. Investors should note that undergoing KYC ”Know Your Customer” compliance requirements is mandatory for any investment(, where appropriate procedures have been prescribed under the extant regulations).
The User’s transaction request shall be processed only if the user is found to be KYC KRA Compliant.

The User agrees and confirms that the services mentioned above are indicative and the AMC may add or remove any services at its discretion. The AMC may provide certain services only to select Users. The AMC reserves the right to suspend Online Transaction Facility partially or wholly, temporarily or permanently for any reason whatsoever including for security purposes or changes in laws / statutes or regulatory requirements or for accessing or using the AMC Website in breach of the Terms and Conditions contained herein.

Prohibited Uses and Means of Access

Prohibited Uses
Because all servers have limited capacity and are used by many people, user may not use the Site in any manner that could damage or overburden any AMC server, or any network connected to any AMC server / services of any service provider of AMC. User may not use the Site in any manner that would interfere with any other party’s use of the Site.

Password protected areas
Access to and use of password-protected and/or secure areas of the Site is restricted to authorized users only. User should not obtain or attempt to obtain unauthorized access to such parts of our Site, or to any other protected materials or information, through any means not intentionally made available by AMC for users specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.

Scheme Information Document (SID), Statement of Additional Information (SAI), Performance and Investment Risks

For more information on any of our schemes / services offered, contact any of our registered broker/agent/distributor or directly to any of our branches or download SID /SAI which contains important information about a fund’s investment objectives, load, expenses and risk considerations. Please read the SID/ SAI carefully before investing.

SCOPE AND APPLICATION
The terms and conditions herein shall apply to users of all transaction facilities in respect of all Products of Insha Capitals PMS and various services offered by Insha Capitals AMC.
Insha Capitals AMC reserves the right to add to, amend or vary any of these terms and conditions at any time in its sole and absolute discretion without any prior intimation and any additions, amendments or variations shall take effect and bind each user from such date as Insha Capitals AMC may prescribe. User shall be deemed to have agreed to any addition, amendment and/or variation without reservation, whether or not the User gives Insha Capitals AMC any Orders subsequent to the said change in terms and conditions.

GENERAL CONDITIONS
User agrees that the transactions carried out through the website in Units of various schemes offered by the Insha Capitals PMS shall be subject to the provisions contained in the respective Scheme Information Document / Statement of Additional Information / Key Information Memorandum (as updated by issue of relevant addenda).

User authorizes, consents and agrees to the disclosure by Insha Capitals AMC and/or any of its Officers or agents, at any time and from time to time, of any or all information in respect of any particulars of the User, the Transactions or the folio of any Person as Insha Capitals AMC may, in its sole and absolute discretion, deem fit, appropriate or necessary, or when such disclosure is made in accordance with applicable

The opening of folio is subject to the satisfactory completion of the account opening form and acceptance by Insha Capitals AMC. Upon acceptance, Insha Capitals AMC shall register the User subject to due compliance with respect to KYC, requirement(s) under Prevention of Money Laundering Act and other applicable regulations.

If the mode of holding is ‘Single’: this Online Transaction Facility will be available to the sole User. If the mode of holding is ‘Anyone or survivor’ the password will be user specified under the folio. The Unit Holder(s) of such folios agree(s) and confirm(s) that the AMC / Registrar shall not be in a position to verify the User of the AMC Website and thereby not be responsible or shall not be liable for any transactions arising out of misuse of the password by any of the Joint Unit Holder(s). In case where the mode of holding is “Anyone or survivor” any use of the Password for any transaction conducted or executed under Online Transaction Facility shall be deemed to have been carried out jointly by all the Joint Unit Holder(s). The Joint Unit Holder(s) agree and confirm that all the Unit Holders have the full authority to act for and on behalf of all the others and each of the Joint Unit Holder(s) in all matters relating to Online Transaction Facility. Liability of all joint holders shall be joint and several and shall be binding on each Joint Unit Holder’s legal heirs, successors, executors and assigns. The Joint Unit Holder(s) hereby agree and undertake to confirm and ratify all the acts done by the any of the joint Unit Holders in relation to Online Transaction Facility. If the User is a minor, the parent / legal guardian shall be eligible to avail of this Online Transaction Facility till the minor attains majority. In such case, the personal details of the parent / legal guardian shall be submitted to the AMC / Registrar.

Online Transaction Facility is NOT OFFERED to those categories of Unit holder(s) transacting with the AMC electronically, whether through a Power of Attorney or through arrangements via brokers / distributors or via a third party website, not being the AMC Website, The AMC reserves the right to reject any transaction made by such Users. Online Transaction Facility is intended only for the personal non-commercial use of the User.

The User shall not use the online services on a PC or other Internet access device which belongs to any other person or which is provided to the User by his/her employer without such person’s or, as the case may be, his/her employer’s previous written permission. Insha Capitals AMC will not be responsible for any harm or loss caused to any person as a result of the User not complying with this condition. The User indemnifies and agrees to keep Insha Capitals AMC at all times saved, defended, harmless and indemnified from and against any and all loss, costs, outgoings, expenses, claims, damages or consequences whatsoever that Insha Capitals AMC or its constituent companies may suffer as a result of the User using any PC or Internet device without the permission of the owner thereof and he/she shall be bound to compensate. Insha Capitals AMC shall not be liable for the non-suitability thereof or if any other data or software contained in such PC or Internet access device through which the online services are accessed by the User is damaged or lost in any manner whatsoever

The User also understands and agrees that because of various operational / Information Technology issues or for any other reason, the website of the AMC may not be current and updated on certain occasions or may become inaccessible. The look and feel and the ability to use the Web screen and the outputs therefrom may differ based on the type / nature of device / software used by user to access the website. Access to this Website may from time to time be unavailable, delayed, limited or slowed due to, among other things hardware failure, software failure, damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters, interruption (whether partial or total) of power supplies or other utility of service, strike, governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention, or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.The User shall not hold the AMC or any of its affiliates / services providers etc. liable for non-adherence with instructions for electronic transactions or for their inability to use the website for any reason whatsoever. AMC shall not be held liable for any error committed by the user while transacting on the website. In no event shall the AMC / PMS / their agents or service providers be liable to the user for any special, direct, indirect, consequential or incidental losses or damages.

The User is aware of all security risks including possible third party interception of his/her account and the content of his/her account becoming known to third parties. The User accepts that the use of online services is not a secure method of viewing, accepting and transmitting information and that it involves security hazards and the risk of any loss of information or obtaining of information by any third party will be to his/her account and Insha Capitals AMC shall, in no way, be held responsible for the same and this shall not be considered as a breach of its or its constituent company – User confidentiality.

The relationship between user and Insha Capitals AMC shall be on a principal-to-principal basis. The user shall have no right whatsoever to bind or act on behalf of Insha Capitals AMC

The user should ensure that the amount invested in the PMS Products offered by Insha Capitals AMC is through legitimate sources only and does not involve and is not designated for the purpose of any contravention or evasion of the provisions of the Income Tax Act, Prevention of Money Laundering Act, Prevention of Corruption Act and/or any other applicable law in force and also any laws enacted by the Government of India from time to time or any rules, regulations, notifications or directions issued there under. To ensure appropriate identification of the user under KYC policy and with a view to monitoring Transactions, Insha Capitals AMC reserves the right to seek information, record User’s telephone calls relating to user’s information to Insha Capitals AMC / service providers and/or obtain and retain documentation for establishing the identity of the user, proof of residence, source of investments, etc. Insha Capitals AMC may re-verify identity and obtain any incomplete or additional information from the userfor this purpose.

User shall indemnify Insha Capitals AMC, its staff / directors and group companies against all actions, proceedings, claims, losses, liabilities, penalties, demands and costs arising due to the User not submitting the correct and complete documents / details to Insha Capitals AMC within the prescribed time limits, and / or due to the user not complying with any applicable laws / regulations/ terms of use specified herein/ requirements specified under the SID/ SAI of Insha Capitals PMS.

User shall not, without the prior written consent of Insha Capitals AMC, assign, charge or encumber any investments user’s rights therein, or create or permit to create, in favor of any Person (other than Insha Capitals AMC) any interest by way of trust or otherwise in any investments/folio. Insha Capitals AMC shall not be required to recognize any person other than the User as having any interest in any investment/folio. However in cases where in user requests to mark lien on his PMS units, users shall have to convert the online folio into an offline folio in order to meet the requirement of lien against his PMS Units.

User shall be responsible for the systems used by User with respect to dealings with Insha Capitals AMC and for various security measures which User has to take to prevent unauthorized access to details relating to the dealing with Insha Capitals AMC through the website, and Insha Capitals AMC shall not be liable for any such unauthorized access.

User hereby agrees to ratify and confirm all transactions and all acts and things done or caused to be done or effected by Insha Capitals AMC on the User’s behalf in relation to the folio or the Units held on behalf of the User and agrees that such Transactions, acts and/or things done shall also be governed by these terms and conditions and the terms of the SIDs of respective schemes.

User understands and further authorizes INSHA CAPITALS AMC, INSHA CAPITALS PMS to source user’s data / documents / information/ specimen signature etc. from third parties / KRAs and INSHA CAPITALS PMS, INSHA CAPITALS AMC has the right to use the same / specimen signature for validation to process any present/ future transactions that are submitted by user. The User acknowledges that he/she/it shall provide Permanent Account Number (“PAN”)/Know Your Customer Compliance Letter (“KYC Letter”)/Bank Account Details / Email ID / Mobile Number, such other personal details like date of birth, specimen signature, mother’s maiden name etc. and such other documents/supporting required for verifying the identity and the address of the User as well as required by the laws/statutes/regulatory/operational requirements from time to time to allow various facilities including those for transactions, to the User. The User understands that a Facility can be used only after receipt of necessary documents and to the satisfaction of INSHA CAPITALS AMC.

The user further agrees & understands that such documents/information including his specimen signature may be obtained by INSHA CAPITALS AMC directly from the user or from any other source to whom such documents have been submitted by the user (for any other purpose); such source may include (in addition to any other source) any R & T agent, any other PMS, Depository Participant, KYC Registration Agencies (KRA), Bank(s) etc. The User authorises INSHA CAPITALS AMC to rely on such documents/information including his specimen signature obtained from such third party source without counter checking/validating the same with the user and the user shall be deemed to have acknowledged the validity/accuracy of the same. While the specimen signature or such other identity proof would be used by INSHA CAPITALS AMC while handling a transaction request from the user other than through the facility, INSHA CAPITALS AMC may ask for additional Documents/Information including his specimen signature validated/verified by a third source like his Bank, etc

In the event of non-compliance of KYC requirements, INSHA CAPITALS AMC reserves the right to freeze the folio of the user(s) for any kind of transactions or affect mandatory redemption of unit holdings of the users at the Applicable NAV, subject to payment of exit load, if any. Users should note that on completion of KYC Compliance all details of the user in the PMS records will be replaced by the details as given in KYC Application Form by the user to the KRA. Any change in this details like change of Name / Address /Status /Signature, etc. should be given by user directly to KRA in the prescribed change request form quoting the KYC/ KRA acknowledgement number / PAN number. INSHA CAPITALS AMC reserves the right to call for any additional information from the users/applicant/reject applications/subsequent application in order to fulfil the requirements of PMLA norms prescribed by SEBI/PMLA Regulations from time to time.

INSHA CAPITALS AMC may require user to define and maintain electronic (including digital) signatures from such service providers including authentication of the electronic transaction record by “click”/“I Accept”/“Submit” affirmation etc. as INSHA CAPITALS AMC may require to authenticate all electronic Transactions made through the website of INSHA CAPITALS AMC and user shall be responsible for keeping the said electronic signatures confidential and secure and that INSHA CAPITALS AMC shall not be held responsible for any misuse of such signatures and any loss or damage arising there from

User shall be bound by all the provisions and notifications issued by SEBI, the requirements under Information Technology Act 2000 or those specified to any other regulatory body. User shall be bound by his/ her/ its ‘signature’ that INSHA CAPITALS AMC may seek from KRA as part of user’s additional documents/information for doing any transaction outside the usage of the facility

User’s further agrees that user will provide such verification/validation as INSHA CAPITALS AMC may desire

User undertakes that these investments are his/her/ its own and acknowledges that INSHA CAPITALS AMC reserves the right to call for such other additional information/ documents as required to comply with KYC norms. User understands that and further authorize INSHA CAPITALS AMC, INSHA CAPITALS PMS to source user’s data / documents / information specimen signature from third party / KRA and INSHA CAPITALS PMS, INSHA CAPITALS AMC has the right to use the same / specimen signature for validation to process any future transactions that are submitted by user; besides INSHA CAPITALS PMS / INSHA CAPITALS AMC can further insist on seeking verification of user’s signature by user’s bank.

ELECTRONIC SERVICES
Insha Capitals AMC may, from time to time and at its sole and absolute discretion, provide to the User, such computer or telephone services or systems (including but not limited to any other services or information accessible through Insha Capitals AMC proprietary software or the latest mobile technology such as 4G) (the “Electronic Services”) for the purposes of viewing details or information relating to his folio or placing Orders or Transacting.

The user has the sole responsibility and shall be liable for the security and safe keeping of the User’s passwords, identification and other codes (if any)issued to the userby Insha Capitals AMC or by any certification authority duly recognized by Insha Capitals AMC for the purpose of enabling the User to access the Electronic Services (the “Codes”).

In utilizing the Electronic Services, the user agrees not to do anything that will violate, infringe, prejudice or in any way affect Insha Capitals AMC or any third party’s intellectual property rights (IP Rights) and shall take all necessary measures to preserve and protect these IP Rights. All IP Rights (whether by way of copyright or otherwise) in the information or reports available from or generated by the Electronic Services, vest solely in and will remain the exclusive property of Insha Capitals AMC.

The user understands that the risk of electronic instructions given by the user not being genuine or being forged, fraudulent, ambiguous or erroneous lies solely with the user, and the user undertakes to keep Insha Capitals AMC and its Personnel indemnified against all Loss incurred by Insha Capitals AMC or its Personnel arising out of anything done or omitted pursuant to the said electronic instructions given or purportedly given by the user or his authorized person, including but not limited to:

the loss or unauthorized use of the Password(s)/ codes;
the unauthorized use of or access to the Electronic Services;
forgery of the User’s digital signature;
any delay, fault, failure or loss of access to, or unavailability of the Electronic Services for whatever reason.

In the use of the Electronic Services, the user shall not:

reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, exploit (whether for commercial benefit or otherwise) the information and/or reports obtained from or through the Electronic Services in any manner whatsoever without the express written consent of Insha Capitals AMC and shall not use the information for any wrongful or illegal purpose or in contravention of applicable laws;
make any additions, modifications, adjustments or alterations to, tamper any part or corrupt any information or services available on or through the Electronic Services;
permit any equipment or software to be linked to or communicate in any manner or be used in connection with any other service or system whereby any information and/or reports obtained from Insha Capitals AMC may be accessed, used, stored or redistributed by or through such other equipment or software; and
use the facilities available under the Electronic Services otherwise than as contemplated under these terms and conditions or such other directions which may be issued by Insha Capitals AMC from time to time.

In providing the Electronic Services to the User, Insha Capitals AMC may in its sole and absolute discretion, from time to time and without notice to the User:

amend, modify, suspend or terminate the operation of the Electronic Services;
suspend or terminate the User’s access to or use of the Electronic Services; or
deactivate the Password(s)/ Codes,and shall not be liable to the user for any Loss, cost etc. which may be suffered by the user consequent upon any of the above actions.

Risk Factors

All investments in PMSs and securities are subject to market risks and the NAV of the schemes may go up or down depending upon the factors and forces affecting the securities market including the fluctuations in the interest rates. There can be no assurance that a scheme’s investment objectives will be achieved. The past performance of the PMSs managed by the AMC and its affiliates is not necessarily indicative of future performance of the schemes. The sponsor is not liable or responsible for any loss or shortfall resulting from the operation of the scheme. Investments in the scheme are subject to various investment risks such as trading volume risk, settlement risk, liquidity risk, default risk, risk of possible loss of principal, etc. Insha Capitals AMC does not accept any direct or indirect liability for any results, performance or achievements units of the scheme. AMC have relied on information supplied to us by you, which, we have assumed to be correct. No responsibility can be accepted if the information that you have provided is incorrect or inaccurate

Names of the schemes do not in any manner indicate the quality of the schemes, their future prospects or returns. The PMS is not guaranteeing or assuring any dividend or returns under any of the schemes. All dividend distributions are subject to the investment performance of the schemes. The investments made by the schemes are subject to external risks. The expenses of the Fund of Funds Scheme are over and above the expenses charged by the underlying schemes

The names of the scheme do not in any manner indicate either the quality of the schemes, their future prospects or returns. Information mentioned in the website should not form the basis & should not be relied upon in connection with making any investment

All securities and commodities and market investments are subject to various levels of risks. Therefore for detail risk factors, terms & conditions, please read the Scheme Information Document of the specific schemes, Statement of Additional Information etc. carefully before investing

Past performance of the Sponsor / Investment Manager / PMS does not indicate or guide the future performance of the Schemes and may not necessarily provide a basis of comparison with other investments.

Changes in Government Policy in general and changes in tax benefits as applicable may impact the returns to investors in the schemes.

Nothing in this website is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment, or a solicitation of any type.

User’s use of the Site may involve the transmission of information, including personally identifiable data, about user. Users consent to the transmission of such information by electronic means through the Internet and represent that such consent shall be effective each time user uses the Site/ services offered by the AMC.

AMC welcomes user’s feedback about this Site and may use it to improve the Site. Should user provide unsolicited ideas, or material of any kind (“Communications”) and AMC use it to develop or market products, services, content, tools or information, user agrees that AMC can do so without compensating user or being liable to user in any manner whatsoever. By providing AMC with such Communications, user represents to AMC that AMC owns all rights to it.

Technically this means that user hereby grant AMC a perpetual, worldwide, royalty-free, irrevocable license to edit, reproduce, disclose, transmit, publish, broadcast, or post users Communications either on the Site or elsewhere with no liability or obligation to user. AMC is free to use any ideas, concepts, know-how, or techniques obtained in users unsolicited Communications for any purpose including, but not limited to, developing and marketing products. Unless AMC states otherwise on the Site or in itsPrivacy Policy, any Communications that user e-mails or otherwise transmits through the Site can be treated by AMC as non-confidential and non-proprietary.

AMC reserves the right, but does not have the obligation, to access, archive, or monitor any use of this Site, or user’s use of this Site and user’s Communications. By using the Site, user accepts the AMC’s right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these terms of Use, or for any other reason. User agrees that monitoring activities will not entitle user to any cause of action or other right with respect to the manner in which AMC monitor user’s Site usage and enforces, or fail to enforce, these Terms of Use. User further agrees that in no event will AMC be liable for any damages incurred by user as a result of the usage monitoring.

PMS Investments are subject to market risks, read all scheme related documents carefully.

Privacy, Personal Information Transmission, Unsolicited Communications and Usage Monitoring

Personal Information Transmission

Unsolicited communications

AMC welcomes user’s feedback about this Site and may use it to improve the Site. Should user provide unsolicited ideas, or material of any kind (“Communications”) and AMC use it to develop or market products, services, content, tools or information, useragrees that AMC can do so without compensating user or being liable to user in any manner whatsoever. By providing AMC with such Communications, user represents to AMC that AMC owns all rights to it.

Usage monitoring

No Warranties

This web site, the information and materials on the site, and any software made available on the web site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to warranties of merchantability, non infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. Inspite of Insha Capitals AMC best endeavours, there is no warranty that this web site will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to user.

Copyright, Trademark and other Intellectual Property Rights

User acknowledges that this Site is protected by applicable copyrights, trademarks, trade secrets, patents, proprietary rights and other intellectual property laws, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Accordingly, user may not copy, distribute, modify, post or frame-in the Site, including any text, graphics, video, audio, software code, user interface design or logos, except as explicitly authorized below or by AMC in writing.

All trademarks, services marks, trade names, logos, and icons are the property of Insha Capitals AMC. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Insha Capitals AMC or such third party that may own the trademarks displayed on this website. Users use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either the property of, or used with permission by, Insha Capitals AMC. The use of these images by user, or anyone else authorized by user, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Unless otherwise stated, this clause shall override the privacy statement

Our trademarks are listed in name of AMC/Insha Capitals Bank (group). Other company product and service names and logos used and displayed on this Site may be trademarks or service marks owned by others. Nothing on this Site should be construed as granting any license or right to use any of the AMC Trademarks or other trademarks displayed on this Site without the prior written permission in each instance of AMC and/or the owner(s) of such other trademarks. All goodwill generated from the use of the AMC Trademarks on any website will inure to our benefit.

The Site also contains text, software, graphics, images, and other material protected by copyrights or other proprietary rights and laws (collectively, the “Proprietary Material”), owned by AMC or its licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of AMC and/or the relevant rights holder in writing

Copyright Policy – AMC reserves the right to remove from the Site, any content that is alleged to infringe someone’s copyright.

Permitted uses

AMC grants user a non-exclusive, personal, non-transferable, non-sub licensable, limited and revocable right to access, use and display this Site on any computers or other electronic display device, for users personal and non-commercial use only (the “Permitted Uses”). User agrees to use the Site only for lawful purposes, for the Permitted Uses, and not for the Prohibited Uses. No other use of the Site is Authorized unless user and AMC have agreed otherwise in writing

User may print copies of the Site’s Content, provided that these copies are made only for the Permitted Uses and that user include any notices and any legal information contained in the Site Content, such as all copyright notices, trademark legends, or other proprietary rights notices as well as all legal caveats furnished in the footnotes or under “Important Legal Information” as shown on the screen or through a link. Limited linking to the Site is permitted if done in full compliance with all applicable laws, these Terms of Use, our Linking Policy and our Logo Use Policy

Prohibited uses -User is prohibited from any use of the Site that would give rise to liability or otherwise violate any applicable laws or regulations or the Terms of Use. User may not publicly perform, publicly display, transmit, publish, participate in the sale or transfer of, modify, or create derivative works based on anything available through the Site, in whole or in part. User shall not store electronically any significant portion of any part of the Site. No reverse engineering, linking, framing, or modification of any part of this Site is allowed without our written approval. Any modification or unauthorized use is a violation of AMC’s copyrights and other proprietary rights

This website may contain one or more of the following interactive services: bulletin boards, chat areas, news groups, forums, and/or other message or communication facilities. User agree to use such services only to send and receive messages and material that are proper and related to the particular service, area, group, forum, or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services, chat areas, news groups, forums, and/or other message or communication facilities, user agree that when using one, user will not:

Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless user own or control such rights or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

AMC has no obligation to monitor the bulletin board services, chat areas, news groups, forums, and/or other message or communication facilities. However, AMC reserves the right at all times to disclose any information deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

Third Party Content Providers, Sites, Referrals, and Disclaimers

Conditions may apply to third party content – Some of the products, services, content, including advertisements, tools, and information available through the Site may be provided by companies that are not affiliated with AMC (“Third Party Content”) and their source is clearly identified. In some cases, the Third Party Content may be framed-in on the AMC Site or available through a link to a third party site. In the case of Third Party Content, there may be additional restrictions that apply to its use. User should be careful to examine them (for example, in accompanying statements or caveats or their posted terms of use) because they may be more restrictive than the restrictions AMC imposes on our own, proprietary Site Content. Third Party Content providers may have reserved a right to modify the restrictions they impose on use of their content without notice. As with AMC Site’s Terms of Use, use of Third Party Content after changes in the post, restrictions relating to that content will constitute acceptance of those changes.

Not responsible for Third Party Content, referrals or links to third parties or third party sites – For informational or educational purposes, or as a service and convenience to user, this Site may provide referral information, Third Party Content or live links to a regulatory agency, non-governmental organization, or other third party and their websites, including companies that have a relationship with AMC. Our decision to provide referral information to a third party or to pass on an offer made by a third party vendor or to provide a link from our Site to a third party site is not an endorsement of the third party , their products or services, or their website accessed through any such links. While AMC would generally only provide such information from, or links to, sources considered reliable, AMC does not have the resources to conduct independent investigations and accordingly AMC makes no representations or warranties as to third party products, services, content, tools and information, and do not guarantee their accuracy, timeliness, completeness or usefulness. AMC advises and encourages users to do own research. User will use Third Party Content only at users own risk.

Indemnification

User agrees that the use of the Site is not a secure method of transmitting information, and that the risk of any loss of information or interception of information by any third party will be borne by user and that AMC shall not be liable for the same. AMC, Insha Capitals PMS, the AMC, the Trustee Company of Insha Capitals PMS, along with their directors, employees, agents, executors, successors and assigns shall not be liable for any damages or injuries arising out of or in connection with the use of the Website or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, computer failure or malfunctioning, or interruption of business; error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon Instructions or to provide any facility for any cause that is beyond Insha Capitals AMC’s control. Although Insha Capitals AMC agrees to take best efforts to protect security of the data placed on the Internet, Insha Capitals AMC shall not be liable at all for any computer virus, misuse if any, of any data placed on the Internet, by third parties “hacking” or unauthorized access, transactions or use of information. User will at all times indemnify Insha Capitals AMC , Insha Capitals PMS, the Trustee Company, along with their directors, officers, employees, successors and assigns from and against all actions, proceedings, claims and demands whatsoever for or on account of or in relation to any use of the Site and/ or facilities on this site and from and against all damages, costs, charges and expenses in respect thereof, unless the same is caused by gross negligence, bad faith or willful default on the part of Insha Capitals AMC .

Governing Law, Forum, Severability, and Miscellaneous

The provisions of this Agreement shall be governed by, and construed in accordance with Indian law and courts in Mumbai will have exclusive jurisdiction

Failure by Insha Capitals AMC to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. This Site is controlled and operated by Insha Capitals AMC from its offices

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.

User shall comply with all laws, rules and regulations by any governmental authority or agency which govern or apply to the operation and use of the Site. Without limiting the foregoing, user agrees to comply with such restrictions and not to export or re-export any of the Site to countries or persons prohibited under the export control laws of India. These Terms of Use enure to the benefit of Insha Capitals AMC, its successors and assigns. User may not assign the Terms of Use. No waiver shall be effective unless in writing. All rights not expressly granted herein are reserved by Insha Capitals AMC

Termination User acknowledges and agrees that Insha Capitals AMC may restrict, suspend or terminate the Terms of Use or users access to, and use, of the all or any part of Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms of Use, in Insha Capitals AMC’s absolute discretion and without prior notice or liability. The relevant version of the Terms of Use shall continue to apply to all prior use of the Site. The following paragraphs of this Terms of Use shall survive termination of users use or access to the Site: paragraphs concerning Indemnification, disclaimers, limitations of liability, termination and general provisions, and any other provision that by its terms survives termination of users use of or access to the Site.

PRIVACY STATEMENT

To ensure service quality and to serve our users better, Insha Capitals AMC expressly reserves the right to access, archive, or monitor any use of this website.

Web-Related Privacy Issues

How AMC use information provided on the Web

Users email address – AMC collects user’s email address when user registers for account access. If AMC needs to contact user about transactions or account activity on the site, user’s email address lets AMC do that quickly. If user signs up for electronic delivery of documents, AMC will need user’s email address for that, too. Both of these services require that user maintains an updated email address with AMC.

Even if user is not registered for account access, AMC may need to ask for user’s email address

Survey information – Occasionally AMC may ask user to participate in a brief survey to help AMC make smart choices as AMC look for ways to improve the site. If user chooses to participate, information user provide won’t be identified with user personally.

Personal data entered in calculators. When user use calculators and planning tools on the site (if any), user may need to enter information such as users age or even certain amounts like how much user saves each month.

AMC does not collect or store this kind of information. It’s only used to perform the calculation user is asking for.

Privacy Notice

User’s Privacy Is Our Priority – Insha Capitals AMC is committed to safeguarding information provided to AMC by individual Unitholders of Insha Capitals MutualFund schemes. This notice is designed to provide user with a summary of the non-public personal information AMC may collect and maintain about current or former investors; our policy regarding the use of that information; and the measures AMC take to safeguard the information. The Insha Capitals AMC does not sell non-public personal information to anyone and only shares it as described in this notice

Information AMC Collects – When user invests in Insha Capitals AMC Funds, user providesAMC with user’s non-public personal information. AMC collects and uses this information to service users accounts and respond to users requests. The non-public personal information AMC collect falls into the following categories:

Information AMC receives from user on applications or other forms, whether AMC receives the form in writing or electronically. For example, this information includes users name, address, tax identification number, birth date, investment selection, beneficiary information, and possibly users personal bank account information and/or email address if users are signing up for certain account options.
Information about user’s transactions and account history with us, or with other companies that are part of Insha Capitals AMC Investments, including transactions user requests on the website. This category also includes user’s communications to AMC concerning users investments.
Other general information that AMC may obtain about user such as demographic information.

Disclosure Policy -AMC will only share non-public personal information with outside parties in the limited circumstances permitted by law. For example, this includes situations where AMC need to share information with companies who work on our behalf to service or maintain users account or process transactions user has requested, when the disclosure is to a party representing user, or when required by law (for example, in response to legal process). Additionally, AMC will ensure that any outside companies assisting AMC in marketing our products and services, or with whom AMC have joint marketing agreements, are under contractual obligations to protect the confidentiality of user information, and to use it only to provide the services AMC have asked them to perform.

Force Majeure

AMC shall not be liable for any failure to perform any of its obligations under this Agreement if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues

“Force Majeure Event” includes any event due to any cause beyond the reasonable control of either party 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.

Anti-bribery

Investor will not offer, promise, give or pay (either directly or through a third party) any financial, business or other advantage:

to any person with the intention to induce, reward or otherwise influence such person to improperly perform a function or activity;
to any public official with the intention to both influence such public official in the performance of his or her functions as a public official (which includes any exercise or omission to exercise those functions, even if outside such public official’s authority) and to obtain or retain any financial, business or other advantage in the conduct of business. Investor will not request, agree to receive, accept, or solicit (either directly or through a third party) the payment of any financial or other advantage to improperly perform any function or activity.

Confidentiality and Security – Our employees are required to follow procedures with respect to maintaining the confidentiality of our investors’ non-public personal information. Additionally, AMC maintains physical, electronic, and procedural safeguards to protect the information. This includes performing ongoing evaluations of our systems containing investor information and making changes when appropriate.

Foreign Account Tax Compliance Act (FATCA)

Tax Regulations require us to collect information about each investor’s tax residency. In certain circumstances (including if we do not receive a valid self-certification from you) we may be obliged to share information on your account with relevant tax authorities. If you have any questions about your tax residency, please contact your tax advisor. Should there be any change in information provided, please ensure you advise us promptly, i.e., within 30 days. If you are a US citizen or resident or greencard holder, please include United States in the foreign country information field along with your US Tax Identification Number. Foreign Account Tax Compliance provisions (commonly known as FATCA) are contained in the US Hire Act 2010. Please visit our website www.Insha Capitalsmf.com for FATCA details Form. If you are classified as a passive Non-Financial Foreign Entity (NFFE) for FATCA purposes, please include in the section relating to Ultimate beneficial Owner (UBO), details of any specified US persons having controlling interest in the foreign country information field along with your US Tax Identification Number for FATCA purposes. Foreign Account Tax Compliance provisions (commonly known as FATCA) are contained in the US Hire Act 2010. The Fund reserves the right to reject applications/restrict further investments or seek additional information from investors who have not provided the requisite information.

Legal Disclaimer

Insha Capitals AMC makes no representation, warranty or guarantee as to the accuracy, completeness or timeliness of the information (including news, prices, statistics, analysis and the like) provided through its website. In no event shall Insha Capitals AMC or its affiliates be liable to any person for any decision made or action taken in reliance upon the information provided herein.

Declaration

I hereby allow INSHA CAPITALS AMC, INSHA CAPITALS PMS to utilize my KYC information such as identity (name, PAN, age etc.), address and signature for the purpose of validation and to comply with the legal and regulatory requirements. I hereby accept that for any transactions that are submitted offline i.e. with wet signatures, the signature available in my KYC/ other appropriate records would be used for signature verification and in the event of such signature not being available or legible, the AMC would be within its rights to carry out further checks to validate the authenticity of the request or reject any such offline request.

Having read and understood the content of the Scheme Information Document, Key Information Memorandum of the scheme and Statement of Additional Information of Insha Capitals PMS, I/we hereby apply for units of the scheme. I have read and understood the terms, conditions, declaration, details, rules and regulations governing the scheme/ website. I/We hereby declare that the amount invested in the scheme is through legitimate source only and is not designed for the purpose of the contravention of any Act, Rules, Regulations, Notifications or Directives of the provisions of the Income Tax Act, Anti Money Laundering Laws, Anti-Corruption Laws or any other applicable laws enacted by the Government of India from time to time. I/we have not received nor have been induced by any rebate or gifts, directly or indirectly in making this investment. I/We confirm that the funds invested in the Scheme, legally belongs to me/us. In the event “Know Your Client” process is not completed by me/us to the satisfaction of the PMS, (I/we hereby authorize the PMS, to redeem the funds invested in the Scheme, in favour of the applicant, at the applicable NAV prevailing on the date of such redemption and undertake such other action with such funds that may be required by the law.) The ARN holder has disclosed to me/us all the commissions (trail commission or any other mode), payable to him for the different competing Schemes of various PMSs amongst which the Scheme is being recommended to me/ us. I/We confirm that I/We do not have any existing Micro SIP/Lumpsum investments which together with the current application will result in aggregate investments exceeding Rs. 50,000 in a year (Applicable for Micro investment only.) with Insha Capitals AMC. For NRIs only – I / We confirm that I am/ we are Non Residents of Indian nationality/origin and that I/We have remitted funds from abroad through approved banking channels or from funds in my/ our Non Resident External / Non Resident Ordinary / FCNR account. I/We confirm that details provided by me/us are true and correct.

FATCA/ CRS

I / We have understood the information requirements of the FATCA & CRS along with Instructions and hereby confirm that the information provided by me/us in this regards is true, correct, and complete. I / We also confirm that I / We have read and understood the FATCA & CRS Terms and Conditions and hereby accept the same. Further, I/We shall keep you forthwith informed in writing about any changes/modification to the information provided or any other additional information as may be required by you from time to time;

I / We hereby declare that the information provided above is to the best of my knowledge & belief, accurate and complete. I agree to notify Insha Capitals Asset Management Company Ltd. / KYC Registration Agency (‘KRA’) in the event of the above information changing hereafter.

I / We hereby acknowledge and confirm compliance with the following for availing of the online transaction facility are detailed below:

I / We acknowledge and agree/declare that:

I/We are Indian individual investors’;

I/ We confirm that I/ We are not a minor;

I/We are “KYC Registered” as per records of KYC Registration Agency (‘KRA’);

I /We shall register my/our bank account number and upload an image of the cheque in the system before seeking redemption of units subscribed;

I am / We are not a US Person nor resident of Canada and I/We hereby certify and declare to that effect that I am not a US Person or resident of Canada and my application for transaction shall be liable for rejection in case any of the particulars or details are untrue, false;

Any transaction with insufficient/incorrect information/ documents are liable to rejected at the sole discretion of the Insha Capitals AMC/ Insha Capitals PMS; The AMC also reserves the right to obtain additional information on a case to case basis;

The address as mentioned in the KRA will be the registered address for the Investor in the records of the AMC;

I/ We confirm that the payment of subscriptions to units is made through bank account of the investor / joint bank account where first account holder is one of the joint holders of the bank account.

I give my consent to Insha Capitals Asset Management Company Limited and its agents to contact me over phone, email or any other mode to address my investment related queries and/or receive communication pertaining to transactions/ non-commercial transactions/ promotional and other communication/ material irrespective of my blocking preferences with the National Customer Preference Registry. Any use of this information is subject to Insha Capitals Asset Management Company Limited’s privacy policy available at Privacy Policy. I/We agree that Insha Capitals AMC Ltd. is in no way responsible for the consequences of my/our investment decision(s).

Statutory Details: Insha Capitals PMS has been established as a Trust under the Indian Trusts Act, 1882, sponsored by Insha Capitals Bank Ltd. (liability restricted to Rs. 1 Lakh). Trustee: Insha Capitals PMS Trustee Ltd.Investment Manager: Insha Capitals Asset Management Co. Ltd. (the AMC).Risk Factors:Insha Capitals Bank Ltd. is not liable or responsible for any loss or shortfall resulting from the operation of the schemes. PMS Investments are subject to market risks, read all scheme related documents carefully.

User should confirm the following by click on the following, without which he/she shall not be able to proceed further.

Having read and understood the content of the SID / SAI of the scheme, I/we hereby apply for units of the scheme. I have read and understood the terms, conditions, details, rules and regulations governing the scheme/ website. I/We hereby declare that the amount invested in the scheme is through legitimate source only and is not designed for the purpose of the contravention of any Act, Rules, Regulations, Notifications or Directives of the provisions of the Income Tax Act, Anti Money Laundering Laws, Anti-Corruption Laws or any other applicable laws enacted by the Government of India from time to time. I/we have not received nor have been induced by any rebate or gifts, directly or indirectly in making this investment. I/We confirm that the funds invested in the Scheme, legally belongs to me/us. In the event “Know Your Client” process is not completed by me/us to the satisfaction of the PMS, (I/we hereby authorize the PMS, to redeem the funds invested in the Scheme, in favour of the applicant, at the applicable NAV prevailing on the date of such redemption and undertake such other action with such funds that may be required by the law.) The ARN holder has disclosed to me/us all the commissions (trail commission or any other mode), payable to him for the different competing Schemes of various PMSs amongst which the Scheme is being recommended to me/ us. I/We confirm that I/We do not have any existing Micro SIP/Lumpsum investments which together with the current application will result in aggregate investments exceeding Rs. 50,000 in a year (Applicable for Micro investment only.) with Insha Capitals AMC. For NRIs only – I / We confirm that I am/ we are Non Residents of Indian nationality/origin and that I/We have remitted funds from abroad through approved banking channels or from funds in my/ our Non Resident External / Non Resident Ordinary / FCNR account. I/We confirm that details provided by me/us are true and correct.

I give my consent to Insha Capitals Asset Management Company Limited and its agents to contact me over phone, SMS, email or any other mode to address my investment related queries and/or receive communication pertaining to transactions/ non-commercial transactions/ promotional/ potential investments and other communication/ material irrespective of my blocking preferences with the Customer Preference Registration Facility. Any use of this information is subject to Insha Capitals Asset Management Company Limited’s privacy policy available at Privacy Policy of this site.

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