Usage terms
The terms and conditions (hereinafter referred to as "Terms") are for Sundaram mutual Investors who wish to use the 'chatbot' feature via 'website' and / or 'WhatsApp' (hereinafter collectively referred to as "the Platform"); to undertake transactions in the schemes of SUNDARAM Mutual Fund ("SUNDARAM MF") that are managed by SUNDARAM Asset Management Company Limited ("SUNDARAM AMC") (jointly hereinafter referred to as "we", "us", or "our").
This page sets forth the Terms applicable for the access and use of the Platform for every person who visits the Platform (hereinafter referred to as "User" or "they" or "their" or "you" or "your"), and shall be applicable to all folios, which are existing or may be created at any time in future. You are requested to read these Terms carefully before you start using the Platform. By using the Platform you indicate that you have read, understood and accepted these Terms and have agreed to abide by the same without any limitation or qualification.
Sundaram AMC reserves the right to modify these Terms at any time. Your continuing to use the Platform and availing of the facilities provided therein subsequent to modifications shall be construed as you having read, understood, and agreed to be bound by the revised Terms and shall constitute an agreement between you and SUNDARAM AMC.
These Terms shall always be read in conjunction with our Privacy Policy and the Terms of Use of our website available on https://www.sundarammutual.com/ and the terms and conditions of the Scheme Information Document ("SID"), the Key Information Memorandum ("KIM"), and the Statement of Additional Information ("SAI") (hereinafter collectively referred to as Scheme Related Documents). If you do not intend to be legally bound by these Terms, including amendments thereto, please refrain from using the Platform.
This Platform for SUNDARAM MF investors is powered by "KFINTECH" and hence the terms and conditions of KFINTECH for access and use will also apply. Kindly refer to the same on Kfintech Website: https://www.kfintech.com/terms-of-use/
Further, kindly note that the terms and conditions of WhatsApp for access and use will also apply. Kindly refer to the same on WhatsApp website: https://www.whatsapp.com/legal/?lg=en&lc=US&eea=0#privacy-policy-our-global-operations
Eligibility
This felicity applies to only for 'Resident Indian' adults having the mode of holding/operation as 'Single' or 'Anyone or Survivor'; who are eligible to invest in schemes of SUNDARAM MF as per the terms of the Scheme Related Documents and are not restricted by any legal/regulatory/judicial/quasi judicial/other authority to invest in schemes of SUNDARAM MF and have already registered their mobile number and e-mail id with SUNDARAM AMC/SUNDARAM MF - are entitled to use the Platform.
Access to Platform shall not be available to US Persons (i. e., a U.S. person within the meaning of Regulation S under the Securities Act of 1933 of U.S. or as defined by the U.S. Commodity Futures Trading Commission as amended from time to time) or to residents of Canada.
In case the investor choose to access the Platform from locations other than India, he shall do so at his own risk and you would be solely responsible for compliance with applicable local laws and regulations of such location/territory. Sundaram AMC accept no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Platform can be accessed through internet by the investor in a country other than India shall not be interpreted to imply that the laws of the said country govern these Terms and/or the use of the Platform.
Existing eligible unit holders /investors of SUNDARAM MF may, at any time, subject to these Terms, register through website [insert link] and use the facilities available on the Platform.
The User hereby agrees to abide by these Terms and all applicable Indian and Foreign laws/rules/regulations in force and the changes thereto from time to time relating to the access to the Platform and/or the facilities made available thereon, including those relating to execution of transactions in Schemes of SUNDARAM MF. The User further confirms that he is authorised, and is not restricted by any legal/regulatory/judicial/quasi-judicial/other authority, to access the Platform and avail of the facilities offered thereon, including to execute transactions in schemes of SUNDARAM MF.
For Users who are existing investors of SUNDARAM MF, the contact details shall be as per the details available with SUNDARAM AMC/SUNDARAM MF.The investor(s) is/are hereby confirm that he/ they shall not use the Platform for any unlawful or improper purposes. SUNDARAM AMC/SUNDARAM MF shall be authorized to immediately discontinue/suspend/terminate his/their access to the Platform upon being made aware of any such unlawful or improper use of the Platform.
Minor investors: The Platform may be accessed on behalf of a minor unit holder/investor by the natural and/or legal guardian. The guardian shall represent the minor in all transactions of any description executed on the Platform or otherwise on behalf of the minor until the said minor attains majority.
The minor unit holder's bank account details are required to be registered for the purpose of receiving redemption proceeds/ Payout of Income Distribution cum Capital Withdrawal option, and in the absence of the same, the bank account of the guardian representing the minor may be registered till such time a bank account is opened in the name of the minor and details of the same is registered in the folio of the minor investor. However, SUNDARAM AMC/SUNDARAM MF shall pay proceeds of redemption / Payout of Income Distribution cum Capital Withdrawal option only in the name of minor investor/ minor unit holder. SUNDARAM AMC/SUNDARAM MF shall not be liable for any loss or damage sustained by the minor unit holder on account of any non-receipt of or delays in receiving the redemption proceeds / Payout of Income Distribution cum Capital Withdrawal option on account of the above.
Nomination shall not be allowed till such time the minor attains the age of majority.The guardian shall be eligible to access the Platform on behalf of the minor till such time the minor attains the age of majority. The guardian agrees to indemnify SUNDARAM AMC/SUNDARAM MF against any claim of the minor for any transactions made in the minor's account.
Upon the minor attaining the age of majority, the right of the guardian to represent the minor and to access the Platform on behalf of the minor shall stand terminated. The minor shall be required to fulfil such formalities, through submission of physical request forms and documents, updation of bank and contact details, etc., as may be stipulated by SUNDARAM AMC/SUNDARAM MF for change of status from minor to major from time to time. Access to the Platform with respect to the investments of the minor unitholder shall remain suspended till such time the formalities of change of status are completed.To continue accessing the Platform the minor (now turned major) User shall also be required to update the bank account details, contact details, nomination, etc., on the Platform, before online facilities available on the Platform can be availed of.
SUNDARAM AMC/SUNDARAM MF reserves the right to decide the type of services/facilities that may be offered on the Platform from time to time. There is no assurance by SUNDARAM AMC/SUNDARAM MF that all facilities that are available under the offline/physical mode shall also become available to the User on the Platform. SUNDARAM AMC/SUNDARAM MF may also, at its sole discretion, make additions modifications and/or deletions to the services and/or facilities that are presently offered on the Platform.
Access to services
The investors is hereby acknowledge and agree that it shall be his responsibility to upgrade the software, hardware and the operating system of his computer and/or mobile phone handset, as the case may be at his sole cost and consequences from time to time so as to remain compatible with that of the Platform; and he also would require a proper uninterrupted internet connection.
Sundaram AMC shall be at liberty to change, vary or upgrade the software, hardware, operating systems, etc. of the Platform from time to time and shall be under no obligation to provide support to all versions of the software, hardware, or operating systems used by him . The AMC shall not be liable for investor's failure to access the Platform, partially or fully, whether due to his systems, the internet network or any other cause or reason whatsoever.
The Platform and its features and facilities offered may be expanded, limited or modified at any time to meet the needs of the Users, or for regulatory, technical or any other reasons whatsoever, without providing any advance notice or reason to Users. Sundaram AMC reserves the right to change, modify, suspend, add, remove, or restrict the User's access to the Platform or a part of it at our sole discretion, without prior notice. The AMC may also in its sole discretion, and at any time, discontinue, temporarily or permanently, any or the entire facilities under the Platform without notice. This could result in delays or failure in the processing of instructions or requests of the Users. The AMC disclaim all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise, sustained by any User on account of such delays or failure and each User hereby acknowledges and agrees to the same.
While The AMC will make all reasonable efforts to ensure that industry standard, accessible formats are used for the materials posted on the Platform. However, the AMC cannot guarantee the compatibility of such materials with investors's computer or mobile software.
This facility is an electronic service, hence access cannot always be guaranteed due to external factors beyond the AMC and its service providers control. Whilst the AMC endeavour to ensure that the facilities offered under the Platform are available without any interruptions, the AMC do not guarantee that the access to or use of Platform or any part thereof will be uninterrupted or error free or that the Platform or the server that makes it available will be free of viruses or other harmful, malicious, or disruptive components. The Investor (s) agree not to hold the AMC liable or responsible for any loss/damage that may be suffered by him while downloading or using the software for accessing the Platform or while availing of any facilities under the Platform.
The internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect the electronic instructions to us through the Platform. Whilst the AMC aim to provide security to prevent the same, however, the AMC cannot provide any guarantee from such internet frauds, hacking and other risks associated with the internet.
Security
With a view to enhance security for transacting on the Platform, all Users will be asked certain authentication questions and an OTP will be sent on their registered mobile number for verification.
At the end of every transaction request that is successfully processed/ executed; a transaction completion receipt shall be sent on your registered e-mail id and your registered mobile number. The investor You shall notify the AMC immediately of any unauthorized use of the Platform or any other breach of security whatsoever that he may be aware of.
Execution of Transactions
The online facilities made available to the Users on the Platform shall be in addition to and not in substitution of the existing procedures or facilities for transacting in the Schemes of SUNDARAM MF, including through offline/physical mode and there is no assurance regarding uninterrupted availability of the Platform to its Users or timely receipt of the OTP on the registered mobile number.
An application for any transaction on the Platform by the User does not automatically imply that SUNDARAM AMC/SUNDARAM MF shall accept or process the same. SUNDARAM AMC/SUNDARAM MF shall have the sole discretion of rejecting any request for any transaction on the Platform with insufficient/incorrect information and/or documents or for any other reason as SUNDARAM AMC/SUNDARAM MF may deem fit; and the decision of SUNDARAM AMC/SUNDARAM MF in this regard shall be final. SUNDARAM AMC/SUNDARAM MF shall not be liable for any loss sustained by any User on account of such rejection. Further, SUNDARAM AMC/SUNDARAM MF also reserves a right to seek additional information from Users for processing requests for transactions or otherwise on a case to case basis.
Users requesting for any transaction shall be liable to pay all charges, fees, interests, and costs, as applicable, which SUNDARAM AMC/SUNDARAM MF in its absolute discretion may levy with respect to such services/facilities offered on the Platform.
Transaction request(s) made on the Platform may not be processed by SUNDARAM AMC/SUNDARAM MF till clear funds sufficient to cover the subscription price have been received by SUNDARAM AMC/SUNDARAM MF in its bank account; and not upon the debit of funds from the bank account of the User.
The payment for any transaction on the Platform shall be made by the User using any of the payment gateways including, but not limited to, Net Banking Facility, National Electronics Funds Transfer System (NEFT), Real Time Gross Settlement ("RTGS"), SUNDARAM Bank Fund Transfer Facility, etc., and SUNDARAM AMC/SUNDARAM MF will not be liable for any failures in the link or for any fraud (either at the payment gateway's end and/or the bank's end or failure of telecommunication network) that could take place at the time of making payment. If SUNDARAM AMC/SUNDARAM MF does not receive the subscription amount within five working days from the date of subscription transaction, such transaction will be treated as cancelled. A transaction shall be construed to be completed only upon receipt of a written confirmation in that regard from SUNDARAM AMC/SUNDARAM MF and not otherwise.
The User hereby confirms that any amount utilised for transacting in the Scheme(s) of SUNDARAM MF is/shall be through legitimate sources only and transaction executed by the User are not for the purpose of contravention and/or evasion of any act, rules, regulations, notifications or directions issued by any regulatory authority in India or in any other jurisdiction applicable to the User.
User understands and acknowledges that the responsibility of providing the correct information/details, including the contact information, amount, the bank account details, etc., lies solely with the User and SUNDARAM AMC/SUNDARAM MF shall not be responsible to verify the accuracy of the information/details provided by the User. The User shall also be liable to inform SUNDARAM AMC/SUNDARAM MF/Registrar and Transfer Agent of any change in any details or information provided initially. If any incorrect bank account number is provided by the User, any amount payable to the User could be credited to the wrong bank account so provided by the User and there is no guarantee of recovery of the same. The User shall take all care and caution to ensure that there are no mistakes and errors and that the information given to SUNDARAM AMC/SUNDARAM MF is error free, accurate, proper, and complete at all points of time. The User confirms that SUNDARAM AMC/SUNDARAM MF shall not be held liable for any loss or damage that may be sustained by the User on account of such error on the part of the User.
The User also confirms that, if the User receives any wrong credit of funds in his bank account from SUNDARAM AMC/SUNDARAM MF, which does not belong to the User, on account of any reason whatsoever, the same shall immediately be returned to SUNDARAM AMC/SUNDARAM MF.
Any request for transaction on the Platform shall be time stamped consistent with the terms of the Scheme Related Documents. The Net Asset Value (NAV) applicable for purchase or redemption or switching of units shall be based on the time of the business day on which the application is received / completed on the Platform, and subject to the provisions of realisation of funds and cut off timings as described in the Scheme Related Documents of SUNDARAM MF. Any transactions received/completed on the Platform after the cut off time as mentioned in the Scheme Related Documents shall be deemed to be received on the succeeding business day and shall be processed accordingly. The decision of SUNDARAM AMC in this regard shall be final and binding on the User.
Transactions once placed on the Platform cannot be cancelled by the User other than as specifically allowed on the Platform.
General Terms
Amendments: These Terms may be amended or modified at any time and for such reason as SUNDARAM AMC deems fit and proper including but not limited to comply with changes in laws and/or regulations, to correct inaccuracies, omissions, errors or ambiguities, reflect changes in the scope and nature of the services or based on User requirements.
Suspension or Termination of facilities: SUNDARAM AMC may, at its sole discretion, suspend/ disallow/ modify/ restrict all or any of the facilities offered under the Platform or deny access to the Platform to any specific User at any time and for such time period and for such reasons as it deems fit; including on account of inactive/dormant User ID, noncompliance of the Terms, death, insolvency, or bankruptcy of the User, any restriction imposed by any legal/ judicial /regulatory authority, or for any other cause arising out of the law/regulation or for such other reasons as we may deem fit.
SUNDARAM AMC shall be entitled to withdraw or terminate all or any facilities offered under the Platform without assigning any reason whatsoever, without any prior notice to the User.
SUNDARAM AMC shall not be liable for any loss or damage that may be sustained by any User on account of such suspension/withdrawal/termination by SUNDARAM AMC.
Accuracy of information: the investor shall solely be responsible for the correctness of information supplied to us for use of the Platform or while availing of any facility on the Platform or through any other means such as electronic mail or written communication. The AMC accept no responsibility or liability for the consequences arising out of any erroneous information supplied to the AMC . If the investor notice an error in the information supplied to AMC , he shall immediately notify the same to the AMC in order to enable the AMC to endeavor to correct the error wherever possible on a "reasonable efforts" basis.
All outputs of statements are duplicate Statements of Account and are prepared by electronic means and the information contained therein will be extracted from a computerized back-up system maintained by SUNDARAM AMC. In case the investor notice any error in the account information supplied through the Platform or transaction confirmation received by him , he shall promptly, but not later than 30 (Thirty) days from the date of receipt of the information, intimate the AMC of the same. Upon receipt of such intimation, the AMC shall endeavor to correct the error.
The Investor hereby agrees and acknowledge that, while we will take all reasonable steps to ensure the accuracy of the statement and information generated, the AMC shall not be held liable for any errors therein. The Investor further agree to hold the AMC harmless against any loss, damages, etc., that may be incurred /suffered on account of any inaccurate/incorrect information contained in the outputs from the Platform.
Disclaimers
The Investor's use of the Platform shall be at his sole risk. The Platform has been provided on an "as is" and "as available" basis. Except as explicitly warranted in these Terms, the AMC make no express or implied warranty with respect to the services/facilities provided on the Platform, including, without limitations, any warranties of uninterrupted/error free performance of the Platform, that any identified defects will be corrected, that the Platform is free from viruses or other malicious, destructive or corrupting code, non-infringement of third party rights, title, merchantability, data accuracy and completeness, satisfactory quality and/or fitness for a particular purpose.
The facilities offered on the Platform shall not constitute an offer to buy or sell or a solicitation to any person in any jurisdiction where it is unlawful to make such offer or solicitation.
Whilst every reasonable precaution has been taken to ensure the accuracy, security and confidentiality of data and information on the Platform, there cannot be any guarantee from internet frauds, hacking and other similar actions.
The AMC make no representation that the Platform or the facilities offered on the Platform are appropriate or available for use in other locations or territories where their contents are unlawful and is prohibited. If the investor choose to access the Platform from locations other than India, he shall do so on his own initiative and he would be responsible for compliance with applicable local laws and regulations of such location/territory.
The AMC do not have any direct agreement or tie-up with WhatsApp and the AMC shall not be responsible for any of the communication sent or received by the User over WhatsApp or the services provided by WhatsApp to the Users particularly in relation with data privacy or data integrity.
Liability
SUNDARAM AMC/SUNDARAM MF shall not be liable for any damages or losses sustained by the User (direct and/or indirect) whatsoever, due to disruption or non-availability of the services/facility(s) under the Platform due to technical fault/error or any failure or failure in telecommunication network or any error in any software or hardware systems.
SUNDARAM AMC/SUNDARAM MF shall also not be liable for any unauthorised transactions occurring through the Platform and the User hereby fully indemnifies and holds SUNDARAM AMC/ SUNDARAM MF harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.
SUNDARAM AMC/SUNDARAM MF shall under no circumstance be held liable to the User if the Platform or all or any part of the facilities on the Platform is not available in the desired manner for reasons including but not limited to legal restraints, faults in the telecommunication network or network failure, faults in computer systems, or any other force majeure events (such as flood, extraordinary weather condition, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, equipment or software malfunction) or any other reason beyond the control of SUNDARAM AMC/SUNDARAM MF.
Under no circumstances shall SUNDARAM AMC/SUNDARAM MF be liable for any damages whatsoever whether such damages are direct, indirect, incidental or consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the User or by any other person.
Illegal or improper use of the Platform shall render the User liable for payment of financial charges as decided by SUNDARAM AMC/SUNDARAM MF or will result in suspension / termination of the access to the Platform extended to the User. The aforesaid does not limit rights of SUNDARAM AMC/SUNDARAM MF to initiate appropriate legal proceedings against the User.
Disclosure of personal information
The AMC may use your personal information for following purposes:
To process transaction requests of the investors for any of the services on the Platform.
To deliver any administrative notices, alerts, advice, notifications and communications relevant to your use of any facilities on the Platform.
To analyze usage of the Platform and improve the services /facilities offered
For market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity.
To disclose as required by applicable laws/regulations or to any Indian or foreign statutory, regulatory, judicial, quasi-judicial authorities/agencies including, but not limited to Financial Intelligence Unit-India (FIU-IND)
To disclose to our Sponsor(s), Trustees, its employees, and agents, and to other Institutions and/or Third Party Service Providers that provide services to us and which are bound by confidentiality arrangements with us.
For participation in any telecommunication or electronic clearing network.
In compliance with a legal directive.
For fraud prevention purposes.
We, either directly or through call centres, may call or send promotional information/ material or other alters to the mobile number/(s) or email IDs provided by the investor during the course of registration on the Platform and the investor shall be deemed to have provided your consent for receipt of such promotional information/material. If the investor do not wish to receive such promotional information/ materials, please call on toll free no. 1860 425 7237 or register for the Do Not Call Register ("DNCR") of SUNDARAM AMC/SUNDARAM MF.
The AMC reserves the right to record telephonic conversations with Users for quality control purposes
The confidentiality obligations of SUNDARAM AMC/SUNDARAM MF shall be subject to the Privacy Policy displayed on the website https://www.sundarammutual.com and these Terms shall be read in conjunction with the said Privacy Policy. The User, by agreeing to these Terms shall be deemed to have consented to the terms of the Privacy Policy of SUNDARAM AMC/SUNDARAM MF.
Indemnity
User shall indemnify and keep indemnified and hold harmless, SUNDARAM AMC/SUNDARAM MF for all claims, liabilities, losses, damages and expenses which SUNDARAM AMC/SUNDARAM MF may sustain or incur either directly or indirectly as a result of:
Providing to the User an access to the Platform and the facilities offered on the Platform.
Unauthorised use of the Platform or by any third party through the User's personal and financial information
SUNDARAM AMC/SUNDARAM MF in good faith taking or refusing to take any action on the electronic instructions received from the User.
Fraud, negligence/ mistake or misconduct by the User.
Any illegal or improper use of the Platform by the User.
Negligence or mistake or misconduct of the User.
Any delay or failure to process the transactions carried out by the User due to error, defect, failure or interruption or for any reason whatsoever; or
Breach or non-compliance of any of the Terms by the User.
Governing Law and Jurisdiction
These Terms and the use of the Platform shall be governed by the laws of the Republic of India.
The User and the SUNDARAM AMC/SUNDARAM MF agree to submit to the exclusive jurisdiction of the courts in Mumbai as regards any disputes, claims or matters arising under these Terms. SUNDARAM AMC/SUNDARAM MF accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Platform can be accessed through internet by the User in a country other than Republic of India shall not be interpreted to imply that the laws of such country govern these Terms and/or the use of Platform.
In case of a dispute, the matter will be settled by arbitration as per the rules of Arbitration and Conciliation Act, 1996. SUNDARAM AMC shall nominate the sole arbitrator and that the place of arbitration shall be Mumbai and the language of arbitration shall be English.
Waiver
Failure on the part of SUNDARAM AMC/SUNDARAM MF to enforce any rights conferred by these Terms or any law / regulation shall not be deemed to be a waiver of any such rights.
User Communication and Grievance Redressal
In case the investor wish to offer your comments or feedback regarding this Platform or the online services offered on this Platform or if you wish to air any complaints or grievances, you may contact us on 1860 425 7237 or write to us to customerservices@sundarammutual.com.
Interpretation
The headings are used for convenience and ease of reference only and shall not affect the construction or interpretation of any provisions of these Terms.
The words, he , his , investor,and User refer to the person(s) who access the Platform and shall include both singular and plural. Reference to masculine shall include the feminine and neuter gender.
Words and expressions used but not defined herein shall have the same meanings assigned to them in such Scheme Related Documents.
In case of any conflict between the provisions of these Terms and the provisions of the Scheme Related Documents, the provisions of the Scheme Related Documents shall prevail.