PART A - GENERAL TERMS AND CONDITIONS
· Welcome to WealthTech Website hosted at http://www. wealthtech.in ("Website") and WealthDesk Application available at the Google Play Store ("App"). The Website and App (together referred to as "WealthTech Platform" or "WealthDesk") are owned and operated by Wealth Technology & Services Private Limited, whose registered office is located at 4th Flr, Rustom Building, Veer Nariman Road, Fort, Mumbai, Maharashtra 400001.
· Our services are designed to be compliant with the laws of India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws.
· We reserve the right to restrict access to our Platform and all of the services provided therein, if we have reasonable grounds to believe that you have been convicted of an offence which involves moral turpitude or any offence under the Indian Penal Code, 1860.
· You may delete your WealthTech Account and discontinue the use of our services at any time in accordance with Paragraph 23. Similarly we will have the right to withdraw our services at any time without assigning any reason whatsoever.
2. OUR SERVICES
· In order to use the Platform and our services, you are required to register your WealthTech Account ("Account") by providing the following details:
(Collectively, the "Information").
· You will ensure that the Information provided by You is accurate, true and up to date at all times.
· Upon successful creation of the Account, You will use the Email Address and Password to access the Platform. User Accounts are personal, confidential and non-transferable. You will be responsible for all information and content posted under Your Account. You will create only one Account and will not create successive Accounts without explicit permission from Us.
· Our proprietary technology classifies Primers into different categories based on market conditions, past performance and other factors. You can use the Platform, and Your inputs with respect to Your Investment Traits (as defined below), to generate a list of Recommended Primers that is best suited to your Investment Traits.
· Upon accessing the Platform, You will be notified to take a short quiz regarding your financial needs, investment history and risk aptitude. The Platform will propose an approximate investment profile ("Investment Traits") for You based on how You answer the questions in the quiz. You may modify Your Investment Traits by retaking the quiz if You so choose. You will be provided with a list of Recommended Portfolios based on Your Investment Traits. It is clarified that the List generated is specific to Your circumstances and does not in any manner constitute general public advice or a recommendation that You make investments based on it.
You can make use of the Platform to generate Your Investment Traits and Your Recommended Primers or to view, compare, modify and track any Primer available on the Platform ("Primers Universe").
While the Platform and the proprietary technology it uses takes various factors into account including Your Investment Traits, market conditions, past performance and is based on information from sources that We believe to be reliable, We do not guarantee the accuracy, timeliness and completeness of the information provided and We do not warrant any results from the use of the Platform or Our services nor guarantee the achievements of Your financial goals, whether or not You choose to invest through Us.
3. FEES AND CHARGES
· We reserve the right to charge fees in the future for all or part of the Services or any other services offered by Us in addition to any fees that may be charged from You under Paragraph 24.a. Any such changes will be communicated to You by email 7 (seven) days before such change, and will be displayed on the Platform. Your continuous usage of Our Service even after the introduction of the fees shall be treated as Your acceptance to pay Us the applicable fees.
4. USER OBLIGATIONS
· Our services are to be used only for their intended purpose, and are not to be misused in any manner, including for undertaking fraudulent transactions, impersonation, etc.
· You warrant that You are using the Platform on Your own initiative and that You are responsible for compliance with any and all applicable laws.
· You shall use the Platform only for its intended purposes in a bona fide manner. You shall not:
Attempt to or gain unauthorized access to any portion or feature of the Platform including accounts, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services by hacking, password "mining" or any other illegitimate means;
Directly or indirectly solicit the account information of other users or access or try to access any account which does not belong to You;
Probe, scan or test the vulnerability of the Platform or any network connected to the Platform or Services or breach the security or authentication measures on the Platform or any network connected to the Platform;
Extract data from the Platform;
Make any investment recommendations to any person on the basis of outputs from the Platform;
Attempt to circumvent the regular operation of the Platform, or reduce the fees or consideration that We may derive from the Platform by any means including by creating multiple accounts, redirecting traffic or following other fraudulent or deceptive practices;
Collect any user information through automated means, including but not limited to bots, robots, spiders and scrapers without Our prior written permission;
Make any statement(s) or comment(s) on the Platform which is/are inaccurate, false, unfair or defamatory to Us or other users or which violates the legal right of others.
· Further, You agree not to upload, host, display, publish, share or otherwise make available on the Platform any content or information that:
Belongs to another person and to which You do not have any right to;
· You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews on or about the Platform or the Services.
· You will be responsible for payment of taxes and complying with any applicable laws in relation to any interest or dividend earned by You.
5. INTELLECTUAL PROPERTY
· If at any time, You make any submissions via or on the Platform, including but not limited to suggestions, feature ideas, bug reports, comments, You assign all rights in these submissions to Us. Hereafter, We shall be entitled to use the submissions for any purpose whatsoever, without compensation to the maker of the submission. In any event, such submissions are not and will not be treated as confidential and We shall not be liable for any disclosure of the submissions.
· All intellectual property in the Platform, and in the proprietary material, content and information made available on the Platform including the graphics, images, photographs, logos, trademarks, the appearance, organisation and layout of the Platform and the underlying software code belong to Us.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
· We do not and are not obliged to, include all stocks available in the market that may suit Your Investment Traits, in the Primers. By limiting the number of Primers on the Platform, We do not make any representation as to the quality, bona fides or nature of any stocks, or any other representation, warranty or guarantee, express or implied.
9. AVAILABILITY OF PLATFORM OR SERVICES
· The Platform and Services are provided on an "as is" and "as available" basis without any representation or warranty, express or implied. We do not warrant that:
The Platform will be constantly available or available at all. We shall have no liability to You for any interruption or delay in access to the Platform or Services availed through it, irrespective of the cause;
The information on the Platform or given through Services is complete, true, accurate or non-misleading;
That the Platform is secure or free of viruses, Trojans or other malware; or
The contents of the Platform do not infringe any intellectual property rights.
· We reserve the right to modify the Platform, Our technology and the basis on which Primers and/or Investment Traits are generated from time to time. This may vary the results that You derive by using the Platform.
· We reserve the right to store and retain any and all Information provided by You including the Services used, Information, Account details and details of the Transactions to comply with applicable laws.
12. THIRD PARTY LINKS
All third party advertisements, hyperlinks or other redirection tools on the Platform which take You to content operated by third parties are not controlled by Us and do not form part of the Platform. We are not liable for any loss or harm that occurs to You as a result of such sites.
13. SEVERABILITY AND WAIVER
14. GOVERNING LAW AND JURISDICTION
15. DISPUTE RESOLUTION
· All disputes arising from or in connection with this Agreement shall be settled amicably between the Parties failing which it shall be referred to and finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time, presided over by a sole arbitrator appointed mutually by the Parties failing which it shall be appointed by the High Court of Bangalore. Judgment upon the arbitral award may be entered in any court having jurisdiction over the Parties or their assets. The arbitration proceedings shall be held at Bangalore. The arbitration proceedings shall be conducted in the English language.
· Notwithstanding the foregoing, a Party may seek appropriate interim or provisional reliefs including any injunctive reliefs in any court having jurisdiction over the subject matter thereof to enforce and/or prevent breach of its rights and remedies in and arising out of this Agreement.
16. GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and the rules made there under, the name and contact details of the Grievance Officer are provided below:
You may write to him at the following address:
4th Floor, Rustom Building, Veer Nariman Road, Fort, Mumbai - 400001
Or email him at:
17. CONTACT US
Please contact Us for any questions or comments (including all inquiries related to copyright infringement) regarding this Platform.
18. This document is an electronic record under the Information Technology Act, 2000 and the rules there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.
PART B - TERMS SPECIFIC TO OPTIONAL SERVICES
· Upon registering and accessing the Platform, Recommended Primers or Primers Universe, You shall have the option to continue using Our services, wherein, You may choose to use Our Optional Services and agree to comply with the terms contained in this Part B in addition to Part A.
· Our Optional Services let You invest in the Primers provided in the List using Our assistance. WealthTech a fully owned subsidiary of BP Equities Private Limited (“Broker”), which is a Securities and Exchange Board of India (SEBI) registered and regulated brokerage company. We or Our subsidiaries have arrangements for investing in stocks with the Broker through which We enable You to invest in Primers using Our Platform.
21. OPTIONAL SERVICES
· In order to use Our Optional Services, You are required to create an trading and demat account ("Trading Account") with BP Equities Private Limited by providing the following details:
Date of Birth
Your bank account ("Bank Account") details from which You could choose to make payments, if any; and
Details required for KYC forms and Trading Account Opening form;
(Collectively, the "Trading & Demat Information").
Any document as required above shall be uploaded by You in softcopy on the Platform at the time of creating the Trading Account.
· You will ensure that the Information provided by You is accurate, true and up to date at all times.
· Upon successful creation of the BP Wealth Trading Account, You will be issued a username and password, linked to Your Trading Account. User Accounts are personal, confidential and not transferable. You will be responsible for all information and content posted under Your Trading Account. You will create only one Trading Account and will not create successive Trading Accounts unless the previous Trading Account is duly deleted.
· By providing Us with the Information, You agree that the contact number supplied by You is not part of any "do not call" registry or its equivalent, anywhere in the world and that We may use the Information to send You communication, notices or alerts that are transactional, informational and promotional in nature, from time to time.
· After creation of Your Trading Account, You will specify the amount You wish to invest (“Investment Amount”) in one or more Primers of Your choice. You can place an Order for buying a Primer which will contain details such as Investment Amount, breakup of individual stocks, expected cash flow, expected brokerage charges and other information. In Our capacity as an AP, we will place the Order with the Broker to be executed on the relevant stock exchange(s) during market hours. If your Order is placed outside market hours, then it will be put on hold and placed during the next available market trading session. All Orders will be executed on a “best effort” basis and details of any failed or rejected Orders will be communicated to You for rectification. Orders placed by You in your Trading Account outside the WealthTech platform will not be reflected in your WealthTech Primer holdings.
· The Platform allows You to hold investments in multiple Primers at any time. The individual stocks that form the Primers are not segregated in your Trading Account. If the same stock is held as part of two or more Primers, then you will only see the aggregate position of that stock in the Trading Account. The WealthTech Platform will track the exact holdings of each stock corresponding to each individual Primer.
· You are free to change your Holdings through the Platform or directly through the Broker at any time. If you choose to modify your Holdings outside the Platform, then We will no longer be able to track your Primer performance, returns and future rebalances accurately.
· For activation of Your Trading Account, We shall email You a pre-filled account opening form to Your registered Email Address. You are required to print the account opening form, read it carefully, and send a duly signed copy along with the relevant document proofs to Us at BP Equities Pvt Ltd, 4th Floor Rustom Building, Veer Nariman Road, Mumbai 400 001, within 15 (fifteen) business days of receiving the forms.
· If You have a KYC record with Central Depository Services Limited ("CDSL"), You authorize Us to obtain Your details from CDSL. However, if You are not registered as a KYC compliant customer with CDSL, in addition to the form sent by Us to You, You will have to send Us a duly filled KYC form which would be emailed to your Registered Email Address. Your Trading Account will be activated after completing Your KYC formalities. It is clarified that no further actions using Your Trading Account can be initiated until the KYC procedure is complete and We have received duly filled forms from You.
· By providing the Information and consenting to avail Our Optional Services, You authorize Us to invest on Your behalf through the Broker, in certain specific Primers based on Orders placed by You ("Transactions"). You further authorize Us to transfer all Information, details of Your Investment Amount, KYC records including Your signature(s) to Our Broker for processing the Transactions. By authorizing Us, You represent and warrant that You have read the terms and conditions of the Broker’s services.
· Upon receiving Your consent to use Our Optional Services, the KYC documents and other information provided by You to Us will be provided to the Broker for the purpose of opening an account for undertaking the Transactions for You. You shall provide any and all information that may be required by Us or the Broker from time to time in compliance with existing legal norms and regulations, including but not limited to contact information, address and tax related information and any information required under existing or future KYC norms and laws or as may be deemed necessary to authenticate Your profile or any action taken using Your Trading Account. You agree that We may take steps to verify the veracity of such information provided and You shall co-operate with Us in providing all information requested by Us. You acknowledge that failure to provide such information in a timely manner may result in ineligibility to avail some or all of Our services and We shall not be liable for any losses of whatsoever nature resulting from such failure to provide information on Your part. Any information provided by You may be required to be shared with relevant regulatory or statutory authorities and You authorize Us to provide all information to such regulatory or statutory authorities as and when required.
· All transfers of Investment Amount shall be made by You directly in the name of the Broker either through the Broker’s own website or App or by transferring it directly to Broker’s specified Bank Account using NEFT/RTGS/other payment gateways. The Investment Amount is not a deposit with Us and is not insured.
· You acknowledge and agree that processing of all Transactions from Your bank account, may take 1 (one) to 7 (seven) calendar days excluding bank holidays.
· If for any reason the Broker is unable to allow a Transaction for purchase or redemption of the full quantity of units of shares proposed to be transacted for You through Our services, the Broker shall be entitled to process a lesser quantity of shares than the proposed quantity of shares to be purchased or redeemed. In such an event, We or the Broker shall not be liable for non-execution of Transactions for the entire or remaining quantity of shares.
· If the Investment Amount specified by You cannot be invested in full due to the pricing of the instrument and rounding-off errors, the balance amount would remain in Your Trading Account with the Broker, which can be utilized by You for future investment.
· You acknowledge and agree that any Transactions made cannot be cancelled. However, You may choose to discontinue using Our services as per Paragraph 23. We may consolidate Your Investment Amount from Your Holdings for the purposes of the Transactions. However, You can track each of Holdings individually.
· You may track Your Investment Amount, Transactions made and the progress made in relation to Holdings at any time on the Platform.
· The Platform will keep track of your Holdings and will suggest rebalancing of Your Primers on the Platform to increase the chances of You achieving better returns in a timely manner. You may choose to undertake Transactions based on the recommendations generated by the Platform. If You do not modify Your Holdings on the Platform based on the recommendations, it may add additional uncertainty to the final returns made by Your Holdings.
· You shall inform Us promptly and in either case within 2 (two) business days if You have failed to carry out Your commitments in relation to any securities or if You are in default with any other stock broker or sub-broker.
22. SERVICES DISCLAIMERS AND WARRANTIES
· We will look to You for clear guidance on Your Investment Traits. We shall not review or analyze Your Holdings, Investment Traits or Your current financial position and shall not be liable for any investments selected based on the information provided by You. Accordingly, before making an investment decision, You need to consider whether the selected Primer or any other information generated by You using Our Platform is appropriate for Your investment objectives, financial situations and needs. Moreover, the information provided by using the algorithm and Our services may not be suitable for all investors. You should undertake an independent analysis of the suitability of Our services, based on Your specific circumstances.
· We shall not be liable for any losses, damages, expenses, costs or claims resulting out of fraudulent or unauthorized use or access of Your Information or KYC records
· We do not in any manner:
Guarantee payments on any Primers or individual stocks;
Guarantee liquidity of any Primers or individual stocks;
Guarantee the payments of any interest or dividends;
Promise good delivery; or
Promise, indicate or guarantee any returns.
· We shall be under no duty to verify compliance with any restrictions on Your authority or power to invest.
· By using Our services, You acknowledge and agree that investment in Primers and individual stocks are subject to market risks including the possible loss of the Investment Amount. Past performance may or may not be sustained. We recommend that You invest only from Your disposable income. We do not recommend investing any monies by taking a loan or investing the entirety of Your savings. Invest only that amount which You are willing to lose.
· It is clarified that We do not gain or seek to gain any direct or indirect personal advantage from the Transactions and shall not consider Your interest inferior to Our own and will intimate You if there is any conflict of interest.
· We undertake to provide Our Optional Services on a best efforts basis within the ambit of SEBI Regulations and any other applicable law.
· We shall, at Our sole discretion, not process any Transactions where the Transactions are designed in a manner to violate any law.
· We reserve the right to amend, modify, restrict, suspend or discontinue Your access to any or all parts of the Platform without prior notice. If Your Account or Trading Account has been disabled, suspended or discontinued by Us, You will not create a new Account or Trading Account, whether with Your information, or otherwise.
23. TERMINATION AND EXIT
· You may choose to discontinue using Our Optional Services at any time, in any of the following ways:
You may choose to discontinue Your investment in any one or more Primers. We will facilitate the refund of any amounts due to You after off-setting any claims that may be due;
You may choose to discontinue Your investment in any one or more Primers and transfer the Investment Amount of such Primer(s) to another set of Primer(s) specified by You in the Platform; or
You may choose to manage Your investment directly and enter into suitable arrangements with the Broker or any other sub-broker.
· It is clarified that uninstalling the Platform does not result in termination of Your use of the Services.
24. FEES AND CHARGES
· You will be charged a brokerage fees directly by the Broker for all the Transactions at a specified brokerage rate computed using the Investment Amount.
· There may be additional transaction charges and taxes payable at the time of Transactions as determined by Regulatory Authorities, Stock Exchange(s), Depositories and Depository Participants.
· In the event We modify the Fees payable in accordance with Paragraph 3 and If You do not wish to pay the modified Fees then You may withdraw Your Investment and discontinue the use of Our services without incurring any additional costs payable to Us. You agree that any charges or fees levied by Us are in addition to any brokerage fees charged by the Broker. All Fees shall be paid by You in full without any counter claim, set-off or withholding.
25. TRANSFER OF INVESTMENT AMOUNT
· The Investment Amount shall be transferred directly in the name of the Broker either through the Broker’s own website or App or by transferring it directly to Broker’s specified Bank Account using NEFT/RTGS/other payment gateways.
· In order to make payments to Your Trading Account through NEFT/RTGS, you will be required to add a specified Broker’s Bank Account number to Your registered list of Third-Party Payees. It is solely Your responsibility to ensure that you add the correct Bank Account number as per the Broker’s instructions. The Transactions shall be solely processed by the Broker after the Investment Amount is received by them.
· You choose to use the Platform and the Services at Your own risk. These risks may include, but not be limited, to the following:
Internet Frauds: We use the internet to provide Our services and while We take measures to protect Your data, using the internet has well-publicized risks including delays, non-delivery, data corruption, hacking, interception, unauthorized amendment and other tampering and, in some cases may compromise confidentiality. Additionally, viruses, worms, Trojan horses and other malicious code may add to the risk. Because We cannot the guarantee the security of data transmitted through internet, We will not be liable if data is delayed, not received, corrupted, used to hack into systems, intercepted, amended without authority or otherwise tampered with or if confidentiality or privacy is lost.
Mistakes and Errors: The filling in of applicable data for Transactions requires proper, accurate and complete details. In the event You receive any incorrect credit by reason of a mistake by any Broker or any third party, the concerned Broker or third party shall be entitled to reverse the incorrect credit at any time whatsoever. You shall be liable and responsible to the Broker to accede to instructions without questions for any unfair or unjust gain obtained by You as a result of the same.
Technology Risks: The technology for enabling Our services may be affected by virus or other malicious, destructive or corrupting code, program or macro. Further, the technology may require updates or maintenance and during such time Our services may not be available which could result in delays in processing Your Transactions. Additionally, We may roll-out updates to the Platform which You would be required to download. We shall not be liable for any damages, loss of profits or prejudice suffered due to any of the technology risks outlined above or Your failure to download and install the updates provided by Us from time to time.
Limits: We may from time to time impose maximum and minimum limits on the Investment Amount and You acknowledge and agree that the same are being imposed to reduce Your risk and that You shall be bound by such limits and shall strictly comply with them.
· You agree to bear the bank charges, if any, towards the transfer of Investment Amounts or any other transaction carried out by You through Your bank and We shall not be liable to reimburse any such charges.
· We shall not be liable for any delay, failure or refusal of any Broker in processing the transactions or any interest or dividend arising thereof or for any loss, damages or prejudice suffered due to any reason entirely attributable to an error or gross negligence of the Broker or the stock exchanges.