Terms and Conditions
Milan Seth [ARN: 25327] is an AMFI registered mutual fund distributor presently has its registered office at RK Complex, Bilaspur, Chhattisgarh, India. These Terms and Conditions apply to users.
ABOUT MILAN SETH
If any of the Terms and Conditions are not acceptable to you or you disagree with any material on the Website, your sole and exclusive remedy is to discontinue using the Website/App.
“User” or “You” means any person who access or avail this Website of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Website of the Company. By accessing the Website or service and/or by clicking “I agree”, you agree to be bound by these Terms and Conditions and any amendment thereof.
You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and Conditions and that you agree to be bound by the following Terms and Conditions. While individuals under the age of 18 may utilize the service of the Website, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such parent /legal guardian’s registered account.
In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the Terms and Conditions and to access, use and avail of the Website. If you do not qualify, please do not access or use the Website.
This Website is intended exclusively for the use of Resident Indians, Non-Resident Indians, Persons of Indian Origin and Foreign Institutional Investors registered with the Securities and Exchange Board of India (SEBI).Citizens and residents of countries other than India (collectively, “non-residents”) shall access, use and avail of the Website only to the extent the domestic laws of India and such countries permit them to access, use and avail of the Website. All non-residents understand that by accessing, using and availing of the Website, they may be violating the local laws in India and/or such countries. You agree that you will be solely and absolutely liable for any liability incurred by you in India and shall in this regard indemnify Milan Seth and keep indemnified Milan Seth against any liability incurred by Milan Seth in this regard. Nothing on the Milan Seth Website shall be considered as a solicitation to buy or an offer to sell a security, or any 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.
CONDUCT OF USERS
By agreeing to the Terms & Conditions, the User agrees:
- to have read and understood the contents of the offer document(s) / scheme information document and addendum(s) thereto of the respective scheme(s) and agree to abide by the terms, conditions, and the provisions of the scheme(s) as applicable from time to time.
- to have understood the details of the scheme and have not received nor been induced by any rebate or gifts, directly or indirectly, in making this investment.
- to confirm that in the event the User is / are Non-Residents of Indian Nationality / Origin, that funds are remitted from abroad through approved banking channels or from the NRE / NRO / FCNR Account.
- to confirm that the details provided by the User(s) are true and correct.
- to hereby declare that the amount being invested by the User (s) in the scheme(s) is derived through legitimate sources and is not held or designed for the purpose of contravention of any Act, Rules, Regulations or any statute or legislation or any other applicable laws or any Notifications, Directions issued by any governmental or statutory authority from time to time.
- to provide copy of the Permanent Account Number (PAN) at the time of investment, and produce the original PAN Card for verification in order to comply with the KYC guidelines issued by regulatory authorities.
You shall not –
- Restrict or inhibit any other person from accessing, using and enjoying the Website;
- Use the Website for any purpose that is unlawful in any jurisdiction or not permitted by the Terms and Conditions; modify, copy, distribute, transmit, display, perform, publish, licence, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, facilities, products or services obtained on or through the Website, except as permitted by the copyright owner or other right holder thereof; post, transmit and receive any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, without limitation, any information or statement constituting or encouraging conduct that would constitute sedition, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other law; post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Milan Seth) or engage in spamming or flooding; post, transmit any spam mails, information or software which contains a virus, Trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the Website which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof; upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, except as permitted by Milan Seth or the copyright owner or other right holder thereof, the Website being copyrighted under the relevant laws;
- Attempt to decompile or reverse engineer any of the software available on the Website.
- You will not make any attempt to hack into the Website or otherwise attempt to subvert any firewall or other security measure of the Website and if you become aware of any shortcoming in the security on the Website you shall forthwith inform Milan Seth of the same in writing.
If the Website contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum.
You shall use any software provided on, by or through the Website only for the purposes for which it has been provided to you and for no other purpose.
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website, that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
For information regarding a fund’s investment objectives, load, expenses and risk considerations, please download the offer document/scheme document. Please read the offer document carefully before investing.
Investments in mutual funds and securities are subject to market risks and the NAV of the schemes may fluctuate depending upon the factors and forces affecting the securities market including inter alia fluctuations in the interest rates. There can be no guarantee that a scheme’s investment objectives will be achieved. All dividend distributions are subject to the investment performance of the schemes. The investments made by the schemes are subject to external risks.
This Website/Application is not intended to provide any tax, legal, insurance or investment advice, and nothing on the Milan Seth’s Website should be construed as a recommendation, by Milan Seth or any third party, to acquire or dispose of any investment or security, or to engage in any investment transaction. Except as otherwise specified, you alone are solely responsible for determining whether any investment, security or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a legal or tax professional regarding your specific legal or tax queries.
Access and use of the Website is entirely at your own risk. The Website, including any content or information on it, any related or linked site, products and services displayed, provided, availed of, licensed or purchased on, through or via the Website are provided “as is,” without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose or completeness. Specifically, Milan Seth disclaims any and all warranties including, but not limited to –
- Any warranties concerning the availability, accuracy, usefulness, or correctness, currency or completeness of information, products or services and
- Any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the Terms and Conditions.
Milan Seth has not verified and shall not be liable or responsible for any content or other information on the Website or on web-sites linked to or with Milan Seth. Milan Seth does not, in any way, certify or warrant the performance, operation, content or availability of the Website or such other websites. Although Milan Seth adopts security measures, which it considers appropriate for the Website, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorised access to the Website. Milan Seth shall not be responsible or liable if any unauthorised person hacks into or gains access to the Website, or your accounts; and you shall be liable and responsible for the same.
This disclaimer of liability applies also to any damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
The information and views contained herein are based on information available and believed to be correct to the best of our knowledge. Although due care has been exercised to verify the accuracy of the information, neither Banayantree and its information suppliers assume responsibility for the accuracy or for any loss arising out of any information contained herein. This is neither a solicitation to invest in any product nor to avail of a particular service.
Milan Seth does not warrant or make any representations regarding the use or the results of the use of any product, service in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Website, all site-related services, products and services mentioned or advertised on or accessed or availed on or through the Website.
You acknowledge that any warranty that is provided in connection with any of the products or services described on the Website are provided solely by the owner, advertiser, manufacturer, provider or supplier of that product or service, and not by Milan Seth or the Website/Application.
Milan Seth operates and offers the Website strictly on a no-liability basis and Milan Seth shall not be liable to you or any other third party for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability or other law or theory arising out of or in connection with the Website, products or services mentioned or advertised on or accessed or availed on or through the Website or any contract or transaction entered into or executed in pursuance thereof (however arising, including negligence) or resulting from the use of or inability to use, access or avail of the Website, any service or product or out of any breach of any warranty. Under no circumstances shall Milan Seth be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by you or any other person.
If any disclaimers or limitation of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of Milan Seth to you shall not exceed the amount of fees paid by you to Milan Seth, products or services that you have ordered or availed of on or through the Website.
Milan Seth shall not be responsible for any inability to access the Website or any use or misuse of the Website.
Any search results displayed by or on the Website are automated and cannot be screened. Accordingly, Milan Seth assumes no responsibility for the accuracy or otherwise of any search results or of the content of any site included in the search results or otherwise linked to the Website.
Milan Seth shall not be responsible for any unauthorised interception of e-mail to or from you or Milan Seth.
To the extent possible, the disclaimers, limitations on liability and indemnities available to Milan Seth under the Terms and Conditions shall mutates mutandis extend and be available also to the Alliance Partners and Service Providers and its/ their respective directors, officers, employees, agents, successors, assigns, consultants, sponsors, affiliates, content providers and every one involved in creating, producing, delivering or managing the Website (or any part thereof). However, this clause shall not protect the aforesaid Persons or extend to their obligations and liability to Milan Seth or Milan Seth’s claims against them.
A possibility exists that the Website could include inaccuracies or errors. Additionally, a possibility exists that unauthorised additions, deletions or alterations could be made by third parties to the Website. Although Milan Seth attempts to ensure the integrity of the Website, they make no guarantee whatsoever as to its sequence, timeliness, completeness, correctness or accuracy. In the event that such an inaccuracy or incompleteness arises, please inform Milan Seth so that it can be corrected.
Links from the Website clicking on certain portions or links within the Website might take you to other websites without any intimation or indication of doing or having done so. The linked websites are not under the control of Milan Seth and Milan Seth assumes no responsibility whatsoever for such other websites whether as to content, availability, performance or otherwise. Milan Seth also does not represent or warrant that these links shall operate satisfactorily. Milan Seth provides these links only as a convenience and links to external web sites do not constitute an endorsement by Milan Seth of such other sites, the sponsors of such sites or the content, products, advertising or other materials presented on or by such sites. Milan Seth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of such other websites or reliance on or availing of any content, goods or services available on such other sites.
The links on the Website may take you to other sites or to other locations within the Website where the trading of securities is possible. Milan Seth shall not be responsible or liable with regard to any trading which may be conducted on such linked trading sites, non-Milan Seth web sites, and any other web site which may be linked to or from the Milan Seth Website. For informational or educational purposes, or as a convenience to the users, the Milan Seth Website may provide referrals to third party content or links to third party websites, including companies that have a relationship with Milan Seth. Our decision to provide referral information to a third party or to pass on an offer made by a third party or to provide a link from Milan Seth Website to a third party website shall not be construed as an endorsement of the third party products, services, content, tools and information. You will use third-party content at your own risk. Milan Seth is not responsible for any third party, their products or services their website, or any content made available through such third party sites, nor do we make any warranties or representations, express or implied, regarding third party content on any third party sites, and shall have no liability in relation to any of the foregoing.
You shall agree to all the terms and conditions, disclaimers clauses and be liable to Copyright Owners of the hyper links appearing in the Website which is independent in itself and not connected. You shall further indemnify and keep indemnified TIL, its employees, directors, representatives and keep them harmless from any dispute(s) that may arise due to a violation/breach (s) of the Terms and Conditions of such hyper link(s) by you.
You will be solely responsible for maintaining the confidentiality of the account that you create on the Milan Seth Website.
Milan Seth may send Alerts to its users with respect to the deals, services and other facilities available on the Website and the users shall provide unconditional consent to receiving such Alerts.
PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
Milan Seth is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on the Website. All rights on the Website are reserved and you may not download and/or save a copy of the Website or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means – electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of Milan Seth (except as otherwise provided on the Website or in the Terms and Conditions for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits Milan Seth or Partners. However, you may print a copy of the information on this Website for your personal use or records. This Website is for your personal use. If you make other use of this Website, except as otherwise provided above, you may violate copyright and other laws of India and other countries, and may be subject to penalties. Milan Seth, Partners do not grant any license or other authorization or user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Website.
AUTHORITY TO MILAN SETH
The Terms and Conditions and your use of or access to the Website are not intended to create an agency, partnership, joint-venture or employer-employee relationship between you and the Website/App, Milan Seth, any Partner or any Insurance company, except where otherwise specifically agreed or appointed.
NO OBLIGATION FOR MAINTENANCE
Milan Seth has no obligation to monitor the functioning of the Website/App. However, you acknowledge and agree that Milan Seth has the right to monitor the functioning of the Website/App electronically or otherwise from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly or to protect itself or its Service Providers, Alliance Partners, Visitors, Users. Milan Seth will not intentionally monitor or disclose any private electronic-mail message to any third party unless required by law. Milan Seth reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms and Conditions.
You agree to defend, indemnify and hold Milan Seth, his employees, Affiliates Partners, and Content harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your ID and password or related to any violation of the Terms and Conditions by you or users of your of your ID and password, and any claims dispute or differences between you and any supplier.
You acknowledge and agree that Milan Seth may, without notice, suspend or terminate your ID, password or account or deny you access to all or part of the Website/App without prior notice if you engage in any conduct or activities that Milan Seth in its sole discretion believes violate any of the Terms and Conditions, violate the rights of Milan Seth, or is otherwise inappropriate for continued access, or IF Milan Seth learns of your death, bankruptcy or lack of legal capacity or of circumstances which impact your credit worthiness (which shall be determined at the sole discretion of Milan Seth) or for any other reason which Milan Seth thinks fit and proper.
You acknowledge and agree that Milan Seth may in its sole discretion deny you access through Milan Seth to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through the Website, and Milan Seth shall have no responsibility to notify you or third-party providers of facilities, services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
We will only share non-public personal information with third parties in the limited circumstances permitted under law including situations where we need to share information with entities who work on behalf of Milan Seth to service or maintain your account or process transactions as requested by you, when the disclosure is made to a party representing you, or when such information is required by law including inter alias in response to a legal process. Further, Milan Seth will ensure that any third parties assisting it in marketing its products, are under contractual obligations to protect the confidentiality of information of the users of the Milan Seth’s Website/App, and to use it only to provide the services to the extent as required under the agreement with Milan Seth.
GOVERNING LAW & JURISDICTION
The Website, the Terms and Conditions, all transactions entered into on or through the Website and the relationship between you and Milan Seth shall be governed by and construed in accordance with the laws of India and no other nation, without regard to the laws relating to conflicts of law.
You and Milan Seth agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the Terms and Conditions, any transactions entered into on or through the Website or the relationship between you and Milan Seth shall be subject to the exclusive jurisdiction of the competent courts located in the city of Bilaspur, Chhattisgarh, India and you hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if Milan Seth so thinks fit Milan Seth may institute proceedings against you in any other court or tribunal having jurisdiction.
Milan Seth accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Website can be accessed or used or any facility can be availed of in a country other than India would not mean that the laws of such country would be applicable.
The failure or delay of Milan Seth to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No waiver on the part of Milan Seth shall be valid unless it is in writing signed by or on behalf of Milan Seth. A waiver of any right or provision by Milan Seth on a particular occasion shall not prevent Milan Seth from enforcing such right or provision on a subsequent occasion.
If any provision of the Terms and Conditions shall be held to be invalid or unenforceable by reason of any law or any rule, order, judgment, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and you, Milan Seth, the court, tribunal or regulatory or self-regulatory agency or body should endeavour to give effect to the parties’ intentions as reflected in the provision to the extent possible. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms and Conditions shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Website or the Terms and Conditions must be filed within three (3) months after such claim or cause of action arose failing which it shall be forever barred.
Milan Seth may give notice to you by e-mail, letter, telephone or any other means as Milan Seth may deem fit to the address last given by you. Notices under the Terms and Conditions may be given to Milan Seth by you in writing by delivering them by hand or by sending them by post to Milan Seth’s address mentioned on the Website. Milan Seth may, but shall not be bound to, act upon notices and instructions given by you to Milan Seth by e-mail, letter, telephone or any other means as Milan Seth may deem fit.
In addition, Milan Seth may (but shall not be bound to) also publish notices of general nature, which are applicable to all users in a newspaper circulating in India or on its Website. Such notices will have the same effect as a notice served individually to each user (including you).
Documents which may be sent by electronic communication between the parties may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website Milan Seth shall be deemed to have duly communicated and delivered any communication or document to you if such communication or document is sent via electronic mail (e-mail) to the e-mail address provided by you to Milan Seth. Milan Seth shall also be entitled to act on the basis of any instructions received or purported to be received by Milan Seth from you by e-mail or other electronic means or via the internet. Milan Seth shall also be entitled (but not bound) to act upon fax instructions and communications.
- Milan Seth uses third party payment gateway for facilitating transfer of money from customer’s bank accounts.
- Customer can only use their bank account registered with Milan Seth and not any other bank account.
- Money does not reach Milan Seth but is remitted to the bank accounts of Asset Management Companies via an intermediary arrangement.
- Transactions will be completed only after successful transfer of money from the customer’s bank account registered with Milan Seth.
- Transactions once completed cannot be cancelled.
- In case of successful transfer of money but failure of investment transaction, money would be refunded within 72 hours to the registered bank account.
The clause headings in the Terms and Conditions are only for convenience and do not affect the meaning of any provision and shall not be taken into account in interpreting or limiting the scope of the provisions of the Terms and the Conditions.
Milan Seth may sub-contract or employ agents to carry out any functions or services relating to the Website or any of its obligations under the Terms and Conditions.
Milan Seth may from time to time send by e-mail or otherwise, information relating to products and services offered by it or the Partners or any other entities, general information related to financial and other services, advertisements of various products and services etc. to you.
You must at your own cost:
(a) provide for your own access to the World Wide Web and pay any service fees, telephone charges and online service usage associated with such access, and
(b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.
The content presented at the Website may vary depending upon your browser limitations.
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to Grievance Officer, at [email protected] or write at the following address:
Mr. Ankit Seth
Grievance Redressal Officer
Address: R.K. Complex,
New Sarkanda, Bilaspur-495001
We request you to please provide the following information in your complaint:
- Identification of the information provided by you.
- Clear statement as to whether the information is personal information or sensitive personal information.
- Your address, telephone number or e-mail address.
- A statement that you have a good-faith belief that the information has been processed incorrectly or disclosed without authorization, as the case may be.
- A statement, under penalty of perjury, that the information in the notice is accurate, and that the information being complained about belongs to you.