TERMS OF SERVICE

Terms

By accessing clearfunds.com (“website”) and registering for the services offered by Harvest Fintech Private Limited (“Clearfunds”), you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to any of these terms, you are prohibited from using or accessing this site.

The materials contained in this website, including all information, entire contents, “look and feel” and design are the intellectual property and copyright of Clearfunds and are protected by applicable copyright and trademark law. You may not copy or distribute any part of the website without Clearfunds’ explicit consent.

You agree and confirm that:

  1. You are > 18 years of age. Where you are acting as a Guardian for a minor, you have the necessary authority to transact on behalf of the minor.
  2. You have read and agree to abide by the privacy policy at clearfunds.com/privacy, and agree to any changes in the privacy policy that may be made from time to time.
  3. You have read, understood and agree to the terms of the Investor Services Agreement below. This agreement is sent to you along with the Investor Application Form. You are required to sign and return the Investor Services Agreement to us.
  4. This document is a legal contract between you and Clearfunds. By accepting these terms electronically (for example, clicking “I Agree”), installing, accessing or using the website you agree to these Terms of Service.
  5. Investors Services Agreement

    I have applied for an Investment Account after understanding the nature and scope of services provided by Harvest Fintech Private Limited (“Clearfunds”), a Securities and Exchange Board of India ("SEBI") registered Investment Adviser (INA000004773). I have read the Terms of Service at clearfunds.com/terms and I agree and confirm that:


    1. Clearfunds’ duties and obligations are to provide:

      1. Investment Advisory services including but not limited to mutual fund recommendations.
      2. Execution services where Clearfunds will transmit my funds and instructions to the Asset Management Companies (“AMC”).
      3. Record-keeping services where Clearfunds will maintain a record of my personal information and my transactions.
    2. My duties and obligations are:

      1. I will ensure that payments for any transactions are made through my/own bank account number; no third party account is used for payments and that any investments made are from legitimate sources;
      2. I will keep my login credentials secure and secret. I will promptly change my login credentials and inform Clearfunds in case of any actual or suspected unauthorized use of my login credentials.
      3. I will read all Offer Documents including the Scheme Information Document, Key Information Memorandum and Addenda for all the mutual fund schemes that I invest in.
      4. I will seek independent tax, accounting, legal and financial planning advice before making any investment transactions.

    3. I acknowledge and agree that:

      1. My Investment Account will be activated after Clearfunds verifies my personal information in accordance with SEBI’s Know Your Client ("KYC") guidelines. I will not disclose any false/misleading information or suppress any material facts relating to my account. I shall be responsible for informing Clearfunds in case of any change in my KYC information.
      2. The Investment Adviser’s Department of Clearfunds is the provider of investment advice and recommendations at Clearfunds.com; all Execution and Reporting Services are provided by the Execution Department.
      3. Clearfunds will consider any instructions authenticated by my login credentials to have originated from me.
      4. As far as possible, my instructions will be processed the same business day if received before the cut-off time(s) specified by Clearfunds. Authorised and complete transactions shall be processed at the applicable Net Asset Value (“NAV”) as may be accepted by the respective AMCs. In case of all mutual fund purchases equal to or above Rs 200,000 (other than liquid schemes), the NAV applicable will be the closing NAV of the day on which the funds are available for utilization. However, for purchases below Rs 200,000 made before the cut-off time, the same-day NAV will be applicable. AMCs are not obliged to accept my application for subscription to units of their mutual fund schemes in part or in full.
      5. For NACH/ECS/Direct Debit purchases, transaction instructions will be sent to the AMC upon successful confirmation of money transfer to the AMC's account, which may result in a lag between the date of debit to my bank and the date Clearfunds submits my request to the AMC.
      6. In the case of joint accounts, mutual fund folios maintained by the AMCs will be held in “any or survivor” mode.
      7. I have the right to transact directly with the AMCs in respect of investments made through Clearfunds. The signature available in my KYC records will be used for verification of any instructions submitted offline (with wet signatures), and further authentication checks and validation may be performed by the AMC if necessary.
      8. I consent to Clearfunds, the AMCs and/or Registrar and Transfer Agents (RTAs) for sharing/exchanging between themselves information related to my KYC and all other details procured from KRA as well as transactions data feed/portfolio holdings/NAV etc. in respect of my investments under Direct Plans of all Schemes ("reverse feeds").
      9. Clearfunds may share information in/related to my account with third parties (such as authorized agents, vendors and partners) for purposes including but not limited to servicing, transaction processing and/or data analysis or marketing. All such information shall be subject to and protected by confidentiality agreements between Clearfunds and these third parties.
      10. Clearfunds may disclose my account and transaction information as required to comply with legal and regulatory requirements under any law. In case I violate this agreement, or any applicable laws, Clearfunds may unilaterally suspend or terminate my account and services.
      11. Clearfunds may revise the Terms of Service at any time by updating the terms at clearfunds.com/terms. My continued use of services will imply my acceptance of these changes.

    4. Clearfunds is not responsible or liable for:

      1. Any act that is not an obligation of Clearfunds in this Investor Services Agreement and the Terms of Service.

      2. Any loss, notional or otherwise, and variances in values incurred on account of:
        • delays and processing time at the Bank, Registrar & Transfer Agency or AMC;
        • rejection of my instructions by the Bank, Registrar and Transfer Agency or AMC;
        • processing of instructions authenticated by my login credentials;
        • non-availability or non-accessibility of the website, telephone(s), or office(s) of Clearfunds in case of circumstances beyond Clearfunds’ control.

    5. Governing laws: This Investor Services Agreement and the Terms of Service will be governed by the laws of India. All disputes are subject, first, to mediation, and then to Arbitration in Mumbai by a sole arbitrator appointed by Clearfunds.
    6. If you are a Non- Resident Indian

      In addition to the above, you agree and confirm that:

      • Any offering, advice, recommendation or transaction at Clearfunds does not constitute an offer to sell or a solicitation to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
      • You are Non-Resident(s) of Indian nationality/origin and that funds for purchases are remitted from abroad through approved banking channels or from funds in your NRE/NRO/FCNR account in India.
      • You are not resident/incorporated under the laws of the United States of America (USA), Canada or any Financial Action Task Force (FATF) declared non-compliant country or territory.
      • As a user of the website from any country other than India, you understand that use of Clearfunds may be a potential violation of laws in such countries. You are solely responsible for compliance with foreign and local laws in your country of residence or citizenship.
      • You agree that you are solely responsible for any liability incurred in this regard and will indemnify Clearfunds for any liability Clearfunds may incur in any foreign jurisdiction as a consequence of the citizens/residents of countries other than India using the service.

      Disclaimer

      The materials on Clearfunds's website are provided "as is". Clearfunds makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Clearfunds does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

      Limitations

      In no event shall Clearfunds or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Clearfunds's Internet site, even if Clearfunds or a Clearfunds authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

      Links

      Clearfunds has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Clearfunds of the site. Use of any such linked website is at the user's own risk.

      Revisions and Errata

      The materials appearing on Clearfunds's website could include technical, typographical, or photographic errors. Clearfunds does not warrant that any of the materials on its website are accurate, complete, or current. Clearfunds may make changes to the materials contained on its website at any time without notice. Clearfunds does not, however, make any commitment to update the materials.

      Morningstar Data

      © 2017 Morningstar. All Rights Reserved. The information, data, analyses and opinions (“Information”) contained herein: (1) include the proprietary information of Morningstar and its content providers; (2) may not be copied or redistributed except as specifically authorised; (3) do not constitute investment advice; (4) are provided solely for informational purposes; (5) are not warranted to be complete, accurate or timely; and (6) may be drawn from fund data published on various dates. Morningstar is not responsible for any trading decisions, damages or other losses related to the Information or its use. Please verify all of the Information before using it and don’t make any investment decision except upon the advice of a professional financial adviser. Past performance is no guarantee of future results. The value and income derived from investments may go down as well as up.

      SEBI Caution

      Mutual Fund investments are subject to market risks, read all scheme-related documents carefully.