MyFi Terms of Service

This service, including mobile application and web application (collectively the “MyFi Platform”), is owned by MyFi Fintech Advisory Services Private Limited. When you use the MyFi Platform, You are agreeing to be governed by the Terms and Conditions contemplated herein below read with our Privacy Policy. We sincerely recommend you take a few minutes to read over and familiarize Yourself with the Terms and Conditions described below.

By registering, browsing, accessing, downloading, and/or using the MyFi Platform either for general purpose or for specific purpose, You are agreeing to and entering into a legally binding agreement with MyFi Fintech Advisory Services Private Limited.

PLEASE READ THROUGH THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MYFI PLATFORM

The mobile application MyFi (“Mobile App”) and website https://askmyfi.com (“Website”) is owned, operated, and managed, by MyFi Fintech Advisory Services Private Limited, having its registered office located at 601, Pinnacle House 6th Floor, TPS III, P. D. Hinduja Road, Bandra West, Mumbai – 400050, Maharashtra, India.

THESE TERMS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

Please note that your browsing, accessing, downloading, and/or using the MyFi Platform are subject to the terms and conditions stated herein; if You do not agree to any or all of the following terms and conditions, You should not use or access the MyFi Platform and/or the MyFi Platform Services in any manner.

DEFINITIONS

  1. “We”, “Us”, “Our”, “Company” - shall refer to MyFi Fintech Advisory Services Private Limited.

  2. “You”, “Yours”, “Yourself”, “User”, “MyFi User” - refers to any individual, non- individual or corporate body.

  3. “Group Entities” - shall mean affiliates, holding and subsidiaries of MyFi Fintech Advisory Services Private Limited i.e., Tifin Fintech India LLP its group or affiliate entities in India.

  4. “Government Authority” shall mean any national, state, local, provincial, municipal, district or other sub-division governmental authority, statutory authority including Securities and Exchange Board of India (SEBI), Reserve Bank of India (RBI), Insurance Regulatory Development Authority of India (IRDAI), Registrar of Companies (RoC), CDSL, any government department, administrative authority including (Indian) stock exchange such as NSE, BSE, commission, board, tribunal or court or other law, rule or regulation making entity or competent authority.

  5. “MyFi Platform” shall mean and include Mobile App and Website under brand names MyFi owned, operated, and managed, by the Company and licensed to, utilized by its Group Entities.

  6. “MyFi Platform Services” - shall include services and products offered via MyFi Platform including but not limited to Investment Advisory Services (SEBI RIA License number INA000019099), including product discovery, product comparison, news articles relating to your portfolio and general news, etc.

  7. “Third Party Service Provider(s)” means and includes company, vendors, business partners, banks & financial institutes, aggregators, or any such entity whose facilities are used by the Company to provide the various services including MyFi Platform Services to Users through the MyFi Platform.

  8. “Terms” or “Terms and Conditions”- are interchangeably used and shall have the same meaning.

You hereby understand that, the specific products / services availed by You may have their own additional / supplemental terms and conditions as available on MyFi Platform (some of which may be provided by third-party vendors / partners of MyFi) and You unequivocally grant Your consent to abide and remain compliant with the said additional / supplemental terms and conditions. When You use any of the MyFi Platform Services provided on the MyFi Platform, You shall also be subjected to comply with applicable law(s), rule(s), guideline(s), notification(s), circular(s), or such other directive(s) issued by applicable Government Authority.

You acknowledge and understand that these Terms and Conditions along with additional / supplemental terms and conditions of MyFi Platform Services shall be read harmoniously. Company reserves right change / amend / modify these Terms or the additional / supplemental terms and conditions applicable to MyFi Platform Services offered on the MyFi Platform at any time, without notice.

TERMS AND CONDITIONS

By registering on MyFi Platform and/or accessing the MyFi Platform Services, you agree, declare and represent that:

  1. You are 18 years of age or older and where you are acting as guardian on behalf of a minor, you have necessary authority to register / sign up for the MyFi Platform Services on behalf of the minor. You hereby unconditionally and unequivocally agree to promptly furnish and/or execute such additional document(s) (as may be requested from time to time), to establish Yourself as lawful guardian and to continue Your access to MyFi Platform including MyFi Platform Services. If the Company learns that, the Company has inadvertently collected personal information from a person under age 18 years, the Company will delete that information as quickly as possible. If you believe that a person under 18 years may have provided Us with personal information, please write us at privacy@askmyfi.com.

  2. You are capable of entering into legally binding contract and that You are not barred or otherwise legally prohibited to use MyFi Platform (including any and all MyFi Platform Services).

  3. You hereby grant your explicit consent to fetch Your credit data from Credit Information Companies and disclose Your credit score to the Company. You permit to Company, to use your credit score to determine your eligibility for access to and/or for offering of various services in tie-up with Third Party Service Providers or other value-added services for improving your credit score.

  4. You agree that you will be allowed to make any transaction through the MyFi Platform when you complete the know your client (“KYC”) process and provide the complete information including personal information in accordance with the KYC guidelines as issued by SEBI and/or IRDAI and/or any other regulatory body, government authorities, competent authority from time to time. For availing various MyFi Platform Services, You hereby grant your consent and permit Company to share your KYC information with its Group Entities, and/or with Third Party Service Providers offering your various products and services, to enable them to promptly respond to your queries / interests. The collection, processing, storage, and sharing of Your information is further governed by Company’s Privacy Policy.

  5. You understand and agree that You shall only use the MyFi Platform (including MyFi Platform Services) for your personal use and purpose only. You shall always ensure that Your use of MyFi Platform and/or reasons to avail MyFi Platform Services shall be strictly for valid, lawful purpose. You shall remain fully responsible for all transactions placed / requested through your MyFi Platform account.

  6. You agree that transactions made through MyFi Platform shall be through your own bank account only and the said transactions do not violate or contravene to any law for the time being in force including Income Tax Act, anti-money laundering laws, anti-corruption laws, prevention of money laundering act etc. and the rules made thereunder.

  7. You shall be responsible to maintain confidentiality of your MyFi Platform account including your log-in credentials & OTPs. In event, if Your device is lost or stolen, you shall be responsible to immediately undertake all necessary measures to secure your MyFi Platform account i.e., by blocking your SIM, logging out your active session etc. You agree that, You shall also inform to the Company, on immediate basis, by writing at help@askmyfi.com and furnishing all relevant information to establish Your claim. This would enable Company to block your MyFi Platform account. Company will use commercially reasonable efforts to block / suspend your MyFi Platform account, however, You understand that Company is merely facilitating you to secure your account on good-faith basis and as such Company assumes no responsibility or liability towards any losses, frauds, unauthorized transactions that may happen or you may suffer under your MyFi Platform account.

  8. You shall not do or attempt to do any of the following acts: (i) impersonate any person or entity, or falsely stating your age or affiliation with any person or entity; (ii) posts any third-party intellectual property rights or other property rights infringing contents; (iii) act in violation or contravention to any law for the time being in force; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of MyFi Platform or any part thereof; (iv) engage in, post, or transmit any message which is libellous, defamatory, pornographic, vulgar or offensive in nature or otherwise inconsistent with or contrary to the laws in force; You shall not do or attempt to do any of the following acts: (i) impersonate any person or entity, or falsely stating your age or affiliation with any person or entity; (ii) posts any third-party intellectual property rights or other property rights infringing contents; (iii) act in violation or contravention to any law for the time being in force; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of MyFi Platform or any part thereof; (iv) engage in, post, or transmit any message which is libellous, defamatory, pornographic, vulgar or offensive in nature or otherwise inconsistent with or contrary to the laws in force

  9. The information You provide when You register on the MyFi Platform is complete, true, correct, updated, accurate and belongs to You. In the event, Your information is not accessible online, and You wish to change, modify, update, or delete Your personal information or other information that You may have provided, please contact us immediately at info@askmyfi.com.

  10. You shall remain responsible to notify to the Company of any material change in your personal information and/or profile. Company would be entitled to rely on the most recent information provided by You.

  11. You agree to be contacted by Company (including its employees, representatives, officers, partners etc.), Third Party Service Providers over phone and/or e-mail and/or SMS/and or push notifications or any other form of electronic communication in connection with your registration, advisory and transactions. This consent overrides any registration for Do Not Disturb (DND). You agree and confirm that if your mobile number is registered in the DND list of TRAI, you may not receive SMS from MyFi. You agree to take steps to deregister from the DND list and shall not hold MyFi liable for non-receipt of SMS. You can always opt to stop receiving any or all such communications by writing to help@askmyfi.com. You can also delete Your account at any point of time by writing to account.deletion@askmyfi.com.

  12. Company will make best efforts to provide alerts via SMS / e-mail / WhatsApp / push notifications and it shall be deemed that You shall have received the information sent from Company as an alert on the mobile phone number or e-mail id furnished by You on MyFi Platform or availing any MyFi Platform Services. You hereby unequivocally grant Company the right and authority to use your contact details as furnished by You at the time of registering on MyFi Platform as your primary, valid and default communication address for any and all MyFi Platform Services. Company shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Company liable for non-availability of the SMS / email alert / push notifications service in any manner whatsoever.

  13. You further understand that the SMS / e-mail alert / WhatsApp / push notification service provided by Company is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event, You observe any error in the information provided in the alert, You shall immediately inform Company about the same by and We will make best possible efforts to rectify the error at the earliest feasible. You shall not hold us liable for any loss, damages, claim, expense including legal cost that may be incurred /suffered by You on account of the SMS / e-mail alert / push notification facility.

  14. You understand that the Company will be relying on Third Party Service Provider(s) to enable SMS / e-mail alert / WhatsApp / push notifications / OTP. The readability, accuracy, timely delivery is / are subject to multiple factors including the infrastructure and connectivity at Third Party Service Provider(s) end. Company makes no representation, or assurance of timely or delayed delivery. Company shall not be liable or responsible for any non-delivery, delayed delivery, skewed message, or alerts.

  15. You understand that You shall be responsible for maintaining the confidentiality of your MyFi Platform account information and You are fully responsible for all activities that occurs under Your MyFi Platform account. You also agree to always keep your login credentials safe, secure and confidential. You further agree to immediately inform Company, in case of any actual or suspected unauthorized use of Your MyFi Platform account. You shall continue to be responsible for the transactions in your MyFi Platform account, if you knowingly or negligently (i) grant any other person access to your account, (ii) permit any other person to transact on account, or (iii) transact on any other person’s behalf or directions in any manner whatsoever. Company cannot and shall not be liable for any losses or damages arising from Your failure to comply with these provision(s).

  16. You acknowledge that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of either Company or its respective Third Party Service Providers. The permission given by Company to access the MyFi Platform will not convey or grant any proprietary or ownership rights in the above software/hardware.

  17. You understand and accept that not all the products and services offered on or through the MyFi Platform are available in all geographic areas and/or to our entire user base. You may not be eligible for all the products or services offered by Company or Third Party Service Provider(s) on the MyFi Platform. The Company and such Third Party Service Provider(s) reserve the right to determine the availability and eligibility for any product or service offered via MyFi Platform.

  18. The Company is not responsible for the availability of content or other services on third party sites linked from MyFi Platform. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Company in any way. The Company urges You to read the terms of use, privacy policy and/or other conditions available on respective third party sites, before accessing or registering with any of such third party sites. Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.

  19. You agree that You will not use the MyFi Platform for any purpose that is unlawful or prohibited by these Terms or applicable law. You also agree You will not use the MyFi Platform in any manner that could damage, disable or impair the application or interfere with any other party’s use, legal rights, or enjoyment of the application. You hereby represent and warrant that you shall make use of the MyFi Platform as a prudent, reasonable and law-abiding citizen and you shall comply with relevant applicable laws.

  20. Company reserves the right in its sole discretion to delete, block, restrict, disable, suspend your account or part thereof. If User is found engaging in any fraudulent / illegal activities including but not limited to the following activities i.e., abusing any of the representatives of the organization, indulge in fraudulent activities on the MyFi Platform, using mass media and/or bots to engage with the platform, using mass media and/or bots to malign the organization’s reputation these activities may be referred to appropriate legal authority for a legal recourse, violation of these terms and conditions.

  21. The Company has engaged Third Party Service Providers for payment gateway services, account aggregator services etc. The engagement of these Third-Party Service Providers is to facilitate users to conduct transactions seamlessly and securely on MyFi Platform. However, Company assumes no responsibility or liability in any manner whatsoever, for any delayed or non-processing of transactions. You understand that Company and/or partnered financial institutes shall be well within its rights to not to act and/or suspend the services if the transaction is not successful or delayed credit of transactions takes place. You understand and accept the risk associated with processing of online transactions and agrees that Company shall not in any manner whatsoever be responsible to You for any losses, cost, interest, penalties, levies, charges or such amount that may be recoverable from you due to delay in or non-processing of transaction is levied. It is advised that, You should diligently keep track of all your payments are done in timely and successful manner.

  22. MyFi Platform offers services to its users which includes, without limitation to transactions in securities, or financial products, and/or advice on investment portfolio containing securities or investment products.

SERVICES:

  1. You hereby agree and acknowledge that all Your decisions, notwithstanding the services rendered by Company, in relation to buy, sell, hold or otherwise deal in the investment securities shall be based on Your own independent evaluation of the risks and rewards of the investments and on Your own verification of all the relevant facts, including financial and other circumstances and a proper evaluation thereof.

  2. Neither Company nor any of our directors, employees or agents shall be liable for any advice or representation made by it/him/her hereinunder and it will be Your responsibility to make an independent assessment pursuant to the availing / using of the MyFi Platform / Services or availing any product or services from the Third-Party Service Provider(s).

  3. You acknowledge and agree that the Company do not guarantee that availing of the services from the MyFi Platform will result in profits or avoid losses or meet the objectives, including Your investment objectives, or that availing / using of the services / MyFi Platform will not at any time be affected by adverse tax consequences, technical failures, timely regulatory compliance to a new law. The Company shall not be liable to You for any error of judgement or loss suffered by You in connection with the services provided to you.

  4. You agree and understand that by availing the Services You shall be bound by this Terms and Conditions and our Privacy Policy and your information provided on the MyFi Platform shall be shared with our Group Companies and business partners.

CONFIDENTIALITY

You acknowledge that, in the course of Your relationship with Company and in using the services, you may obtain information relating to the services and/or Company (“Proprietary Information”). Such Proprietary Information shall belong solely to Company and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:

  1. You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of Company unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.

  2. You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.

USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

MyFi Platform is protected by copyright, trademarks, patents, trade secret and/or other relevant intellectual property laws. No information, content or material from MyFi Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Company's express written permission. You are hereby given a limited licence to use the MyFi Platform for your personal and non-commercial use, subject to your agreement of these Terms. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the MyFi Platform.

PRIVACY

You agree that during your use and access of the MyFi Platform and/or availing of the services offered by the MyFi Platform, you will provide Us with certain information and other data as mentioned under these Terms herein which may or may not be otherwise publicly available. Please note that We respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by You under these Terms, are governed under the MyFi Platform’s Privacy Policy which is available at https://askmyfi.com/privacy. By using and visiting the MyFi Platform and availing MyFi Platform Services, you also agree to our Privacy Policy and the information provided on the MyFi Platform shall be shared within our Group Entities and business partners.

LIMITATION OF LIABILITY, INDEMNITY, AND WARRANTY

  1. In no event shall Company or its directors, employees, associates, partners, or suppliers will be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this MyFi Platform or due to investments made using this MyFi Platform or availing any product or services from any third-party service provider.

  2. You agree to indemnify Company or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the MyFi Platform (ii) non-performance and/or non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions (iii) any act, neglect, misconduct or fraud on your part.

  3. You warrant that all the details and information provided by you to the Company or its directors, employees, associates, partners, vendors, or suppliers while using the MyFi Platform (including for the purposes of carrying out investments) shall be updated, correct, accurate, complete and genuine.

  4. You shall be solely responsible for any investment decision taken by You on the Services and the Company shall not be liable for any loss or damage caused to you or other users of this MyFi Platform due to such investment decision, or any kind of reliance upon it. You expressly agree that use of the MyFi Platform is at your sole risk.

  5. To the fullest extent permissible pursuant under applicable law, Company and its directors, employees, associates, third-party partners or suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from the Company or through the MyFi Platform will create any warranty or guarantee other than those expressly stated herein.

CONSIDERATION

The Company may charge a subscription or monthly / quarterly / yearly fee to use the platform and certain other fees for additional services that the User may request for from time to time. The applicable fees will be made available at the time of registration and/or on its applicability and/or under the relevant product / services section. The Company may change fee structure as it determines in its sole discretion from time to time and notice regarding the same shall be intimated to you adequately in advance prior to such change in fee structure. All charges and fees shall be exclusive of taxes and all Government taxes including but not limited to GST shall be payable by you. Please note the charges / fees applicable shall be non-transferable, non-refundable and non-cancellable in nature. In the event you subscribe to the MyFi Platform or any of the services provided by MyFi and intend to unsubscribe to the MyFi Platform, the Company will not refund the subscription fees already paid.

SHIPPING POLICY

The users are hereby notified that all or any of the information (such as: Acknowledgement of Mutual fund booked; soft copy of insurance policy document; copy of provisional fixed deposit receipts, invoices pertaining to services such as membership services, advisory services, withdrawal charges, stock broking trade receipts, contract notes, margins statements (at pre-defined frequency) etc.) pertaining to the products purchased via MyFi Platform will be delivered to them on their registered email id. If required or mandated under applicable law, the Company may be required to dispatch certain documents physically to Your registered address. You agree to always keep Your personal information up to date to avoid any chances of non-delivery of information and that Company shall be entitled to act upon most recent details furnished by You.

DISCLAIMERS

THE USER AGREES AND UNDERSTANDS THAT THE MYFI PLATFORM IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MYFI PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THE MYFI PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MYFI PLATFORM IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE MYFI PLATFORM, ITS SERVERS, OR EMAIL / OTHER COMMUNICATION SENT FROM THE MYFI PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MYFI PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. ALL INVESTMENTS ARE SUBJECT TO MARKET RISKS. READ ALL SCHEME RELATED INFORMATION CAREFULLY. PAST PERFORMANCE IS NOT AN INDICATOR OF FUTURE RETURNS.

ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE USERS AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY PRODUCTS/SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRDPARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS US IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. PLEASE BE INFORMED THAT US STOCKS, INSURANCE, FIXED DEPOSITS ARE NOT EXCHANGE TRADED FUNDS AND MYFI FINTECH ADVISORY SERVICES PRIVATE LIMITED ACTS IN THE CAPACITY OF FACILITATING THESE PRODUCTS. ALL DISPUTES WITH RESPECT TO THE TRANSACTION FACILITATION SERVICES, WOULD NOT HAVE ACCESS TO INDIAN EXCHANGE INVESTOR REDRESSAL FORUM OR ARBITRATION MECHANISM.

THE LOGOS / TRADEMARKS ADVERTISED IN AND ON THE PLATFORM ARE THE PROPERTY OF RESPECTIVE TRADEMARK OWNERS AND BY DISPLAYING IT, THE COMPANY HAS NO RIGHT, TITLE, INTEREST OVER IT. THE USER EXPRESSLY AGREES THAT MYFI IS NOT LIABLE OR RESPONSIBLE AND DOES NOT REPRESENT OR WARRANT FOR ANY DAMAGES / ANY LOSS OF INTEREST AND/ OR OPPORTUNITY LOSS AND /OR ANY LOSS ARISING DUE TO MOVEMENT OF NET ASSET VALUE (NAV), NOTIONAL OR OTHERWISE DUE TO NON-EXECUTION OF ORDERS OR ANY INCORRECT EXECUTION OF ORDERS WITH REGARD TO THE MUTUAL FUNDS CHOSEN BY THE USER DUE TO, BUT NOT BEING LIMITED TO, ANY LINK/SYSTEM FAILURE, SUFFICIENT/INSUFFICIENT FUNDS IN THE USER’S BANK ACCOUNT WHICH MAY OCCUR AT USER’S END. MUTUAL FUND INVESTMENTS ARE SUBJECT TO MARKET RISKS, READ ALL SCHEME RELATED DOCUMENTS CAREFULLY. THIS IS IN NO WAY TO BE CONSIDERED AS AN ADVICE OR RECOMMENDATION. MUTUAL FUNDS TRANSACTION FACILITATION SERVICES ARE PROVIDED BY MYFI FINTECH ADVISORY SERVICES PRIVATE LIMITED IN PARTNERSHIP WITH THIRD PARTY SERVICE PROVIDERS. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RETURNS. PERFORMANCE AND RETURNS OF ANY INVESTMENT PORTFOLIO CAN NEITHER BE PREDICTED NOR GUARANTEED.

MUTUAL FUND INVESTMENTS ARE NOT EXCHANGE TRADED SERVICES. MYFI FINTECH ADVISORY SERVICES PRIVATE LIMITED ACTS IN THE CAPACITY OF FACILITATOR OF THIS PRODUCT. MYFI IS ONLY PROVIDING TECHNOLOGY SERVICES AND ALL DISPUTES WITH RESPECT TO MUTUAL FUND INVESTMENTS WOULD NOT HAVE ACCESS TO INVESTOR REDRESSAL OR ARBITRATION MECHANISM IN INDIA. MYFI ACCEPTS NO LIABILITIES FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF ANY ACTION BY THE USER.

FORCE MAJEURE

If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), the Company shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services / facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of the Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors / failures or power shut down, faults or failures in telecommunication etc.

SEVERABILITY

All illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

WAIVER

No failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right

ASSIGNMENT

You agree that we may transfer, subcontract or otherwise deal with our rights and/or obligations under these terms at any time without any further notice. You agree that you cannot assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any party.

DISPUTE RESOLUTION

Any dispute, controversy, claims or disagreement of any kind whatsoever between the parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator appointed by the Company, through arbitration to be conducted in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA”). The seat and venue of such arbitration shall be at Bangalore, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

GOVERNING LAWS

These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) Company has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Bangalore, India.

ENTIRE AGREEMENT

These Terms, together with the other laws, guidelines, rules, (additional / supplemental) terms & conditions and/or policies of the MyFi Platform, including the Privacy Policy and any other arrangement / agreement in relation the Services, including the Advisory Agreement (applicable to advisory clients), constitute the entire agreement between the User and the Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and Us pertaining to the subject matter hereof.

SURVIVAL

Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the parties prior to such termination.

USER SUPPORT

The Company shall provide assistance and coordinate with the Users in case of any issues / queries raised by the User and shall resolve the queries on the best effort basis. The User can address their queries by writing and delivering their concern via email to help@askmyfi.com or any updated email address displayed under the Customer Service page https://info.askmyfi.com/support on the MyFi Platform.

MODIFICATION OF TERMS

The Company reserves the right to change, amend, or modify, from time to time, any provision related to the MyFi Platform (including MyFi Platform Service(s)) or these Terms, which also include, changing of the extent and scope of the services and/or include any other category, service, facility or feature within the term ‘MyFi Platform Service’, at the sole discretion of the Company. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via MyFi Platform. You can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By using the services provided through this MyFi Platform, you shall be deemed to have accepted the Terms herein including the amended Terms published on the MyFi Platform from time to time. Your continued use of the MyFi Platform following the posting of changes means that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the MyFi Platform. It is, further, clarified that the User’s use and access of the MyFi Platform/Service(s) is subject to the most recent version of these Terms made available on the MyFi Platform at the time of such use.

Last updated on 20th March 2024

Last updated