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Chatbot & WhatsApp Terms & Conditions
Please read and understand the following terms and conditions carefully before using our Chatbot and WhatsApp services.
Introduction
These terms and conditions (hereinafter referred to as “Terms and Conditions”), as amended from time to time, are applicable to the investors (existing or new) who wish to use the ‘chatbot’ feature via the ‘website’ and/or ‘WhatsApp’ (hereinafter collectively referred to as “the Platform”) to undertake financial and non-financial transactions in the scheme(s) of Choice Mutual Fund (“Choice MF”) managed by Choice Asset Management Company Limited (“Choice AMC”) (jointly hereinafter referred to as “AMC”, “we”, “us”, or “our”).
This page sets forth the Terms and Conditions for the access and use of the Platform for every person who visits the Platform (hereinafter referred to as “User” or “investor/investors” or “they” or “their” or “you” or “your”) and shall be applicable to all folios, existing or created at any time in the future. You are requested to read these Terms and Conditions carefully before you start using the Platform. By using the Platform, you indicate that you have read, understood and accepted these Terms and Conditions and have agreed to abide by the same without any limitation or qualification.
We reserve the right to modify these Terms and Conditions at any time. Your continuing to use the Platform and to avail of the services/facilities provided therein subsequent to any modification shall be construed as your having read, understood and agreed to be bound by the revised Terms and Conditions, and shall constitute an agreement between you and Choice AMC. These Terms and Conditions shall always be read in conjunction with our Privacy Policy, the terms of use of our website available on the Choice AMC website, 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 and Conditions, including amendments thereto, please refrain from using the Platform.
This Platform, for Choice MF investors, is powered by Computer Age Management Services (“CAMS”), and the terms and conditions of CAMS for access and use will therefore also apply. Please refer to the CAMS website for the same.
Eligibility
Existing individual investors holding a folio with Choice Mutual Fund, with the mode of holding in the folio as Single or Any / Survivor.
Access
You hereby acknowledge and agree that it shall be your responsibility to upgrade the software, hardware and operating system of your computer and/or mobile phone handset, as the case may be, at your sole cost and consequence, from time to time, so as to remain compatible with the Platform; you would also require a proper, uninterrupted internet connection.
We 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 for all versions of the software, hardware or operating systems used by you. We shall not be liable for your failure to access the Platform, partially or fully, whether due to your systems, the internet network or any other cause or reason whatsoever.
The Platform and its features and facilities may be expanded, limited or modified at any time to meet the needs of Users, or for regulatory, technical or any other reasons whatsoever, without advance notice or reason. We reserve 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. We may also, in our 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 Users. We 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 we will make all reasonable efforts to ensure that industry-standard, accessible formats are used for materials posted on the Platform, we cannot guarantee the compatibility of such materials with your computer or mobile software.
As this is an electronic/internet-based service, access cannot always be guaranteed due to external/unforeseen factors beyond our control. While we endeavour to ensure that the facilities/services offered under the Platform are accessible without substantial interruption, we do not guarantee that access to or use of the 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. You agree not to hold us liable for any loss/damage suffered by you while downloading or using software to access the Platform, or while availing of any facilities/services under the Platform.
The internet is inherently susceptible to fraud, misuse, hacking and other actions/externalities beyond our control, which could affect electronic instructions sent to us through the Platform. While we aim to provide security to prevent the same, we cannot guarantee protection against such internet fraud, hacking or other internet-related risks.
The online facilities made available to Users on the Platform are in addition to, and not in substitution of, the existing procedures/facilities for transacting in the schemes of Choice MF, including through offline/physical mode, and there is no assurance of uninterrupted availability of the Platform to its Users.
It may be noted that the WhatsApp Facility is not a secure means of giving instructions/transactions, and there are risks involved, including but not limited to such instructions/transactions being inaccurate, imperfect, ineffective, illegible, lacking in quality or clarity, garbled, altered, distorted or not timely. Investors using this facility should note the following:
General Terms
Indemnity
The User shall indemnify, keep indemnified and hold harmless Choice AMC / Choice MF / the Trustees, along with their directors, agents/RTA, employees and representatives (“Indemnified Parties”), at all times, from and against all actions, claims, demands, liabilities, damages, costs, charges and expenses of whatever nature (actual or contingent, and whether incurred directly or indirectly) suffered, sustained or paid by the Indemnified Parties arising from and/or in connection with:
Providing the User access to the Platform and the facilities offered on it
Unauthorised use of the Platform, or unauthorised use of the User's personal and financial information by any third party
Accepting and acting, in good faith, on the User's instructions/transactions, or refusing to act on instructions received through the Platform
Liability
Choice AMC/Choice 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/facilities under the Platform, including due to technical fault/error, failure of the telecommunication network, or any error in any software or hardware system.
Choice AMC/Choice MF shall also not be liable for any unauthorised transactions occurring through the Platform, and the User fully indemnifies and holds Choice AMC/Choice MF harmless against any action, suit or proceeding initiated against it, or any loss, cost or damage incurred by it, as a result thereof.
Choice AMC/Choice MF shall under no circumstances be liable to the User if the Platform, or any part of the facilities on it, is unavailable in the desired manner for reasons including but not limited to legal restraints, faults in the telecommunication network, faults in computer systems, technological issues, force majeure events (such as flood, extraordinary weather, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, government action, communications or power failure, or equipment/software malfunction), or any other reason beyond Choice AMC’s control.
Under no circumstances shall Choice AMC/Choice MF be liable for any expenses, costs, damages, losses or other outgoings whatsoever, whether direct, indirect, incidental or consequential, and irrespective of whether any claim is based on loss of revenue, interruption of business or any other loss, whether sustained by the User or any other person. Illegal or improper use of the Platform shall render the User liable for financial and other charges as decided by Choice AMC/Choice MF, and/or result in suspension or termination of the User’s access to the Platform. This does not limit Choice AMC/Choice MF’s right to initiate appropriate legal proceedings against the User.
Disclosure of Personal Information
We may use your personal information for the following purposes:
To process your requests for any services on the Platform
To process your requests routed through service providers engaged in international messaging services, or partnered with WhatsApp, for providing the services
To deliver administrative notices, alerts, advice, notifications and communications relevant to your use of the Platform
To analyse usage of the Platform and improve the services/facilities offered, for market research, project planning, troubleshooting, and detecting and protecting against error, fraud or other criminal activity
To disclose information as required by applicable laws/regulations, or to any Indian or foreign statutory, regulatory, judicial or quasi-judicial authority/agency, including but not limited to the Financial Intelligence Unit-India (FIU-IND)
To disclose information to our Sponsor(s), Trustees, their employees and agents, and to other institutions and/or third-party service providers who provide services to us and are bound by confidentiality arrangements with us
For participation in any telecommunication or electronic clearing network, and in compliance with any legal directive
For fraud-prevention purposes
We, either directly or through call centres, may call or send promotional information/material to the mobile number(s) or email ID(s) you provide during registration on the Platform, and you shall be deemed to have consented to receiving such promotional information/material. If you do not wish to receive such communications, please contact us at support@choicemf.com.
We reserve the right to record telephonic conversations with Users for quality-control purposes or otherwise.
The confidentiality obligations of Choice AMC/Choice MF are subject to the Privacy Policy displayed on the Choice AMC website, and these Terms and Conditions shall be read in conjunction with that Privacy Policy. By agreeing to these Terms and Conditions, the User is deemed to have consented to the terms of the Privacy Policy of Choice AMC/Choice MF; by using the Platform and its services, you agree to our collection, use and sharing of your personal information, including as described in that policy.
Disclaimer
Your use of the Platform is at your sole risk. The Platform is provided on an “as is” and “as available” basis. Except as expressly warranted in these Terms and Conditions, we make no express or implied warranty regarding the services/facilities provided on the Platform, including, without limitation, any warranty of uninterrupted or error-free performance, that identified defects will be corrected, that the Platform is free from viruses or other malicious 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 do not constitute an offer, invitation to offer, or solicitation to any person in any jurisdiction where such offer or solicitation would be unlawful.
While every reasonable precaution has been taken to ensure the accuracy, security and confidentiality of data and information on the Platform, we cannot guarantee protection against internet fraud, hacking or similar risks. We make no representation that the Platform, or the facilities offered on it, are appropriate or available for use in locations where their content is unlawful or prohibited. If you access the Platform from a location other than India, you do so on your own initiative and risk and are solely responsible for compliance with the applicable local laws of that location/territory.
We have no direct agreement or tie-up with WhatsApp, and we shall not be responsible for any communication sent or received by the User over WhatsApp, or for the services WhatsApp provides to Users, particularly in relation to data privacy or data integrity.
Governing Law and Jurisdiction
These Terms and the use of the Platform shall be governed exclusively by the laws of India.
The User and Choice AMC/Choice MF agree to submit to the exclusive jurisdiction of the courts in Mumbai as regards any disputes, claims or matters arising under these Terms. Choice AMC/Choice MF accepts no liability, direct or indirect, for non-compliance with the laws of any country other than India. The fact that the Platform can be accessed via the internet from a country other than India does not imply that the laws of that country govern these Terms and/or the use of the Platform.
Waiver
Failure by Choice AMC/Choice MF to enforce any right, or part thereof, conferred by these Terms or any law/regulation, shall not be deemed a waiver of that right.
Interpretation
Headings are used for convenience and ease of reference only, and shall not affect the meaning, construction or interpretation of any provision of these Terms and Conditions. The words “you”, “your” and “User” refer to the person(s) accessing the Platform and include both the singular and plural. References to masculine include the feminine and neuter genders. Words and expressions used but not defined herein shall have the meanings assigned to them in the Scheme Related Documents.
The User may print copies of the Platform’s content for Permitted Uses only, provided all notices and legal information contained in that content — including copyright notices, trademark legends and other proprietary-rights notices, and all legal caveats furnished in footnotes or under "Important Legal Information” are retained. Limited linking to the Platform is permitted, provided it is done in full compliance with all applicable laws and these Terms. In the event of any conflict between these Terms and Conditions and the Scheme Related Documents, the provisions of the Scheme Related Documents shall prevail. These Terms and Conditions are always in addition to, and not in place of, the terms and conditions required to be complied with under any other document, including the Scheme Related Documents.
Operational Terms & Conditions for Transacting in Scheme(s) of Choice Mutual Fund
The section below applies specifically to financial and non-financial transactions placed in scheme(s) of Choice Mutual Fund through the Platform and is in addition to the general Platform Terms and Conditions set out above.
The number of units allotted will be calculated based on the Applicable NAV and cut-off time as per the terms of the respective Scheme Information Document.
For online transactions, the server time at the instance of confirmation of the transaction will be considered the final time for determining transaction time.
Please note that, due to payment gateway tie-ups, funds may become available to Choice MF after a time lag. Further, the payment gateway is the bank's responsibility and not the responsibility of Choice AMC; the bank should be approached for any issues relating to processing, errors or fraud.
Where an ARN holder is selected for the transaction, the ARN holder has disclosed to me/us all commissions (whether trail commission or any other mode) payable to them for the different competing schemes of various mutual funds from among which the Scheme is being recommended to me/us.
Upfront commission shall be paid directly by the investor to the AMFI-registered distributor, based on the investor's assessment of various factors, including the service rendered by the distributor.
If a distributor's ARN code is selected and the distributor's Employee Unique Identification Number (EUIN) is left blank, the following declaration will be considered as made by the investor: "I/We hereby confirm that the EUIN has not been provided as this is an 'execution-only' transaction, without any interaction or advice by the employee/relationship manager/salesperson of the above distributor, or notwithstanding any advice of inappropriateness, if any, provided by the employee/relationship manager/salesperson of the distributor. The distributor has not charged any advisory fee on this transaction."
Declarations for Transacting in Scheme(s) of Choice Mutual Fund
I/We have read and understood the contents of the Scheme Information Document, Statement of Additional Information and Key Information Memorandum, and the instructions, and agree to abide by the terms, conditions, rules and regulations of the Scheme and of online transacting. I/We hereby apply to the Trustees of Choice Mutual Fund for units of the relevant Scheme and agree to abide by the terms, conditions, rules and regulations of the Scheme and the above-mentioned documents. I/We hereby authorise Choice Mutual Fund, the AMC and its agents to disclose my/our details, including investment details, to my/our bank(s)/Choice Mutual Fund's bank(s) and/or distributor/broker/investment adviser, and to verify my/our bank details, or to disclose the same to such other service providers as deemed necessary for the conduct of business. I/We express willingness to make the payments referred to above through the ECS/Direct Debit facility. If a transaction is delayed or not affected due to incomplete or incorrect information, I/We will not hold the Fund, the AMC or their service providers/representatives responsible. I/We will also inform the AMC of any change to my/our bank account. I/We have read and agreed to the terms and conditions for ECS/Direct Debit.
I/We acknowledge and confirm that the information provided with respect to FATCA/CRS is true and correct to the best of my/our knowledge and belief. I/We certify that I am/we are the account holder(s) of all the account(s) to which this form relates. If any of the above information is found to be false, untrue or misleading, I/We are aware that I/We will be responsible for it. I/We authorise the Fund to update its records based on FATCA/CRS information provided by me/us and received from other SEBI-registered intermediaries, and to share this information with other SEBI-registered intermediaries to facilitate single submission/updation. I/We undertake to keep the Fund informed in writing of any change to the above information, and to provide any further information as may be required by the Fund and/or by domestic tax authorities. I/We authorise the Fund/AMC/RTA to close or suspend my/our account(s), under intimation to me/us, for non-submission of documentation.
I/We have neither received, nor been induced by, any rebate or gift, directly or indirectly, in making this investment.
I/We declare that the amount invested in the Scheme is from legitimate sources only and is not intended for the purpose of contravention or evasion of any Act, Regulation, Rule, Notification, Direction or other applicable law enacted by the Government of India or any statutory authority.
I/We confirm that this transaction complies with the provisions of the Scheme Information Document and the applicable regulations governing 'Third-Party Payment' avoidance. I/We confirm that the first holder of the mutual fund folio is the first holder of the bank account, or one of the joint holders of the bank account, from which payment for the subscription is being made.
I/We declare that I am/We are an existing investor in the mutual fund industry and authorise deduction of applicable transaction charges from the subscription amount for payment to the distributor.
I/We confirm that I am/We are not subject to regulatory or other sanctions, and do not reside in, or have any address in, a country subject to such sanctions.
I/We confirm that I am/We are not in breach of any laws or regulations relating to KYC, money laundering, terrorist financing or other financial crimes.
I/We confirm that I am/We are not United States person(s) under the laws of the United States, or resident(s) of Canada. In the event of any change to this status, I/We shall notify the AMC, whereupon the AMC reserves the right to redeem my/our investment in the Scheme(s).
I/We acknowledge that the AMC has not considered my/our tax position specifically, and that I/We should seek independent tax advice on the specific tax implications of my/our participation in the Scheme.
(Applicable to NRIs) I/We confirm that I am/We are Non-Resident(s) of Indian nationality/origin, and that the funds are remitted from abroad through approved banking channels, or from my/our NRE/NRO/FCNR account.
(Applicable to Micro SIP investments only) I/We confirm that I/We do not hold any existing Micro SIP investment which, together with the current application, would result in aggregate investments exceeding Rs. 50,000 in a year.
I/We agree that if I/We do not register the SIP at my/our bank within 15 calendar days using the URN provided by this Platform, or register incorrectly, the Fund has the right to cancel the SIP registration without any notice to me/us. I/We will not hold Choice Mutual Fund, the AMC or their registrars/service providers responsible if registration, or a subsequent transaction, is delayed or not effected, or if the User's bank account is debited in advance of or after the specified SIP date due to local holidays or any other reason.
I/We confirm that I/We have provided correct bank account details matching my/our tax status — for Resident Individual status, details of a Savings or Current Account; for NRI status, details of my/our NRE/NRO account.
Mutual fund investments are subject to market risks, read all scheme related documents carefully.