This Agreement sets forth the terms and conditions that apply to the access and use of the Website www.BuySellMF.com and Mobile Application including but not limited to (hereinafter referred to as "Mobile App"), which is owned and operated by Prajna FinServ Pvt Ltd, (hereinafter referred to as " Prajna FinServ / BuySellMF /Company"), a company incorporated under the laws of India and registered under the Companies Act, 1956.
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND PRAJNA FINSERV / BUYSELLMF FOR THE PURPOSE AS DEFINDED HEREUNDER.
KEY TERMS AND CONDITIONS
"Account Aggregator Service " means a consolidated view of your Bank Balances, DEMAT Balances, Credit Cards, Mutual Fund and Equity Portfolio Holdings and tracking transactions across all your Linked Accounts (defined later).
1. You hereby appoint Prajna FinServ / BuySellMF/its Third Party Service Providers as an agent with a limited power of attorney to access third party sites (e.g. Bank websites/Depository Participants websites) to retrieve your information, and use such information in connection with the Account Aggregator Services.
2. Our Server stores the user name and password for each of your Linked Accounts. However, Prajna FinServ / BuySellMF and its Third Party Service Providers respect your privacy and shall use the information provided by you solely for the purpose of providing Account Aggregator Services.
3. Data and information under Account Aggregator Service is provided for informational purposes only, and is not intended for trading or transactional purposes. In case you wish to trade or perform any transactions, you will be directed to the respective third party websites, in which case you will be abiding by the terms and conditions of the respective third party websites.
Prajna FinServ / BuySellMF reserves the right to make changes to Terms at any time. Your continued use of the Website/ Mobile App and/or Services shall mean your deemed acceptance of the modified Terms.
Prajna FinServ / BuySellMF, through its third party services provider(s), hereby offers you an option to link your financial accounts (hereinafter referred to as "Linked Accounts "), which would enable you to have a consolidated view of the balances lying in your Linked Accounts and tracking transactions across all your Linked Accounts. The Website/Mobile App also enables you to undertake online payments of your bills ("Bill Payment Services ") through its third party services provider(s). Prajna FinServ / BuySellMF may power third party products including but not limited to Trading cum DEMAT Account Opening facility and Instant Personal Loan (In tie up with various financial intermediaries). Further the above said services are powered through UIDAI (using its Aadhaar based authentication services) and eSign facility licensed through eMudra Limited.To facilitate opening of Equity Accounts Online/ Personal Loan, interested investors/customers would be provided with a facility of Instant Bank account verification and an option would be given to the Customer to aggregate their bank accounts using their bank user id and password via online secured process of Prajna FinServ / BuySellMF. The above said services are provided on a best-effort basis and participation for availing the above mentioned services by you is purely at your will and consent. Prajna FinServ / BuySellMF may also offer other additional services on certain specific Terms, from time to time, which can be activated by you at your will and consent (“Additional Service(s)”).
Sensitive personal data or information "would mean and include but not limited to;
(i) user name, password for each of your linked account;
(ii) financial information such as Bank account or credit card or debit card or other payment instrument details ;
(iii) Linked account information, transaction data, Biometric information or as provided by applicable law /Notification/Circular/Act etc.;
(iv) any detail relating to the above clauses as provided to Prajna FinServ / BuySellMF for providing service; and
(v) any of the information received under above clauses by body Prajna FinServ / BuySellMF for processing, stored or processed under lawful contract or otherwise. provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of these rules. You hereby authorize and appoint Prajna FinServ / BuySellMF / its third party service provider as an agent with Limited power of attorney to access your sensitive personal data or Information as defined hereinabove for providing you Account Aggregator Service, Bill Payment Services, offer/deals/cash back/discounts/ curation services and any other Additional Service(s) and use of such other information, tools, alerts, articles, views, videos, information, advices, calculators, analysis, report, data, contents, news, prices, statistics, comments, feedback, advertisement, features and functionality and other services on the Website/Mobile App Services, are hereinafter jointly referred to as "the Services, " and individually as "Service ".
ACCEPTANCE OF TERMS
This Agreement describes the Terms governing the usage of the Services provided to you on the Website/Mobile App. Clicking "I Agree” to "Terms & Conditions" on the registration page, after you have read all the Terms of the Agreement, shall be considered as your acceptance of this Agreement. Your continued usage of the Services from time to time would also constitute acceptance of the Terms including any updation or modification thereof and you would be bound by this Agreement until this Agreement is terminated as per provisions defined herein.
Your electronic consent, accepting these Terms, represents that you have the capacity to be bound by it, or if you are acting on behalf of any person, that you have the authority to bind such person. If you choose not to accept these Terms, you will not be entitled to use the Services. However, Prajna FinServ / BuySellMF has the option to reject your registration to this Website/Mobile App without assigning any reasons whatsoever.
Prajna FinServ / BuySellMF reserves the right at its sole discretion to make changes to these Terms, for such reason as it deems fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services, company reorganisation, market practice or customer requirements. Upon any change, Prajna FinServ / BuySellMF will notify the updated Terms on the Website/Mobile App or other means. Your continued use of the Services constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. If you do not agree to the changes, you may please discontinue your use of the Services.
You can review the most current version of the Terms at any time, by clicking the Terms & Conditions link on the login page of the Website/Mobile App.
Upon successful registration to the Services and payment of Subscription Fee, if applicable, your Account would be activated. You agree and understand that you are solely responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide, form your "Registration Information".
By providing us with your email address and mobile number, you agree to receive all required notices and information electronically, to that email address or mobile number. It is your responsibility to update any changes to your email address and mobile number. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on the Website, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify Prajna FinServ / BuySellMF immediately at the customer service helpdesk, the details of which are available on the Website/Mobile App. Prajna FinServ / BuySellMF shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to Prajna FinServ / BuySellMF.
ACCURATE REGISTRATION INFORMATION
You shall provide true, accurate, current and complete information about yourself and the Linked Accounts and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services by Prajna FinServ / BuySellMF. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the website or use of the services.
The Account Aggregator Service also allows you to link the accounts of your family members who might have authorized you in this regard, in which case you shall be acting under proper authorization from your family members. Prajna FinServ / BuySellMF shall not be responsible for any claim or breach of privacy, unlawful access etc. by your family members/entity.
Any misrepresentation in providing the Registration Information or Linked Accounts shall render the Services void ab initio, but without any recourse on Prajna FinServ / BuySellMF. Prajna FinServ / BuySellMF shall not be held responsible for any reason whatsoever if the Registration Information is incorrect at any point in time. Failure to provide accurate and complete information during registration may prohibit the use of the Account Aggregator Service.
Prajna FinServ / BuySellMF may send automatic alerts and voluntary account-related alerts from time to time. Certain voluntary account alerts may be turned on by default, as part of the Services. You may customize, deactivate or reactivate these voluntary alerts based on your individual preferences and options available. PRAJNA FINSERV / BUYSELLMF may add new alerts (automatic/voluntary/compulsory) from time to time, or cease to provide certain alerts at any time, upon its sole discretion. Each alert has different options available and you may be asked to select from among these options on activation of your alerts service.
The alerts will be sent to you electronically on your email address and/or mobile number as per your most recent Registration Information available with Prajna FinServ / BuySellMF. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. You hereby agree and consent to receive all transactional alerts at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize Prajna FinServ / BuySellMF to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents or third party service providers.
However, sending of short messaging service (SMS) alerts are subject to TRAI regulations and also to your telecom service provider, as may be applicable from time to time. Prajna FinServ / BuySellMF cannot be held responsible for non-delivery or delay in delivery of SMS alerts to your mobile number.
You agree and understand that alerts are not encrypted. Alerts may include some of your personal and sensitive information. Depending on which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email/mobile will be able to view the content of these alerts; therefore, you should take proper care to prevent any unauthorized access to the said alerts to protect your own interest.
While Prajna FinServ / BuySellMF would endeavor to provide alerts under the Services in a timely and accurate manner, you understand and agree that any such alerts may be delayed or prevented by a variety of factors. You agree that Prajna FinServ / BuySellMF shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party, on the reliance of an alert. Further, the delivery of alert messages are subject to compliance of any local laws or guidelines, as may be enforced from time to time and you agree to abide by such compliance requirement, as and when notified by governing authorities.
PRIVACY AND YOUR PERSONAL INFORMATION
PRAJNA FINSERV / BUYSELLMF may transfer sensitive personal data or information to another Indian or overseas body corporate if it is necessary for the performance of Services, and you hereby consent to such data transfer.
THIRD PARTY SERVICE PROVIDERS
The Services on the Website/Mobile App are enabled through various third party service providers, including but not limited to the following:
i. BSE StartMF – A Mutual Fund transactional platform from BSE for buying & Selling in Mutual Funds
ii. IndiaIdeas.com Limited, a company incorporated under the Indian Companies Act, 1956, having its registered office at E-510, Crystal Plaza, New Link Road, Andheri (W), Mumbai-400 053., which will provide bill payment services through www.billdesk.com.
Prajna FinServ / BuySellMF reserves its right, in its sole discretion, to replace/appoint/re-appoint any or all third party service providers to ensure uninterrupted provision of Services.
THIRD PARTY LINKS/OFFERS
Certain parts of the Services could be supported by sponsored links from advertisers and display Prajna FinServ / BuySellMF offers ("Prajna FinServ / BuySellMF Offers”) that may be custom matched to you based on information stored in the Services, queries made through the Services, or any other information. You agree and understand that Prajna FinServ / BuySellMF will always disclose such information when a particular Prajna FinServ / BuySellMF Offer is sponsored.
In connection with Prajna FinServ / BuySellMF Offers, the Services may provide links to websites belonging to such advertisers and other third parties, which are beyond the control of Prajna FinServ / BuySellMF. Prajna FinServ / BuySellMF does not endorse, warrant or guarantee the products or services available through the Prajna FinServ / BuySellMF Offers (or any other third party products or services advertised on or linked from our site), whether or not sponsored, and Prajna FinServ / BuySellMF shall neither be construed as an agent or broker of such advertisers or third parties, nor otherwise be responsible for the activities or policies of their websites. The usage of such service, if any, shall be entirely on the basis of the terms and conditions between you and the service provider.
Prajna FinServ / BuySellMF does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Website/Mobile App, are actually the terms that may be offered to you, if you pursue the offer, or that they are the best terms or lowest rates available in the market.
You declare and confirm that you are a resident of India, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered herein via Prajna FinServ / BuySellMF Website/Mobile App.
The Account Aggregator Service allows you to retrieve and view your financial information which is available on different websites, of your Linked Accounts, all at one place. In that sense, the information would be aggregated for you. The Account Aggregator Service is enabled through software which performs the function of an aggregator, whereby you, as a user, would be permitted to view your financial information related to the Linked Accounts. You shall select and choose the facility of linking your account in your sole and absolute discretion. However, the selection of the financial information/account which you choose to aggregate shall depend/vary from time to time, as per the discretion of Prajna FinServ / BuySellMF /Software provider.
The software which is used for the availing of the Account Aggregator Services is third party software licensed by Prajna FinServ / BuySellMF. Prajna FinServ / BuySellMF therefore cannot and does not make any representations in respect of the software, its functionalities or its features. Prajna FinServ / BuySellMF understands that the software would permit you to retrieve and view your financial information, which is available at certain identified websites, all at one place. In that sense, the information would be aggregated for you. However, in the event of any inadequacy in the performance of the software, you should intimate the same to Prajna FinServ / BuySellMF, so that Prajna FinServ / BuySellMF can address the issues on your behalf with the software vendor.
Having chosen this facility to link accounts, you, with the aid of the software, would be in a position to retrieve your own information maintained online by third party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions ("Account Information”). Prajna FinServ / BuySellMF makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.
WITH THE ACCOUNT AGGREGATOR SERVICE, YOU MAY VIEW, MAINTAIN AND MANAGE INFORMATION STORED AT VARIOUS WEBSITES. THE REGISTRATION ALLOWS YOU TO ACCESS WEBSITES OF BANKS AND FINANCIAL INSTITUTIONS WHEREIN YOU HOLD ACCOUNTS/MERCHANT ONLINE SITES BY SIGNING IN TO THE WEBSITE/MOBILE APP. You hereby authorize and permit PRAJNA FINSERV / BUYSELLMF /its Third Party Service Providers to use the information (such as account passwords and users names) submitted by you, to retrieve your Account Information for providing the Account Aggregator Services/other ancillary services and to configure the said services so that it is compatible with the third party sites, for which you submit your information.
For all purposes hereof, you hereby grant Prajna FinServ / BuySellMF /its Third Party Service Providers a limited power of attorney, and you hereby appoint Prajna FinServ / BuySellMF /its Third Party Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party sites, retrieve information, and use your information, with the full power and authority to do and perform each and every act and thing, requisite and necessary to be done, in connection with the Account Aggregator Services, as fully to all intents and purposes as you might or could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN PRAJNA FINSERV / BUYSELLMF OR ITS THIRD PARTY SERVICE PROVIDERS ARE ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, PRAJNA FINSERV / BUYSELLMF OR ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.
You agree that Third Party Service Providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. However, you agree and understand that the amount of time taken for aggregating the information which is sought cannot be guaranteed, and the aggregator service may take time to gather the information; therefore, your patience is requested and will be required, while the information is being aggregated.
You also understand that there could be a possibility that the bank/financial institution/third party website prevents Prajna FinServ / BuySellMF or its Third Party Service Providers from aggregating the Account Information. In such an event, the Third Party Service Providers would not be able to collect and provide you with the desired information. PRAJNA FINSERV / BUYSELLMF shall not be held responsible in any manner whatsoever, for any such inability to access the desired Account Information.
THE ACCOUNT AGGREGATOR SERVICE OFFERS CONVENIENCE BY SAVING THE USERS FROM HAVING TO SIGN INTO EACH OF THESE ACCOUNTS BY ACCESSING THE WEBSITES SEPARATELY. OUR SERVER SECURELY STORES THE USER NAME AND PASSWORD OF EACH OF THESE BANK ACCOUNTS/OTHER ACCOUNTS ETC.
HOWEVER, PRAJNA FINSERV / BUYSELLMF AND ITS THIRD PARTY SERVICE PROVIDERS RESPECT YOUR PRIVACY AND USE THE INFORMATION PROVIDED BY YOU, SOLELY FOR THE PURPOSE OF PROVIDING ACCOUNT AGGREGATOR SERVICES AND OTHER ANCILLARY SERVICES. Prajna FinServ / BuySellMF, HOWEVER, DOES NOT STORE THE USER NAME AND PASSWORD OF EACH OF THESE BANK ACCOUNTS/OTHER ACCOUNTS ETC.
WE RESPECT YOUR PRIVACY AND DO NOT INTEND TO STORE ANY OF THE PASSWORDS OF BANKS OR OTHER ACCOUNTS THAT YOU WOULD PROVIDE TO US. THE ACCESS INFORMATION/LOGIN DETAILS ARE STORED ON THE SERVERS OF RESPECTIVE WEBSITES OF BANKS/MERCHANTS ETC., AS THE CASE MAY BE. BY SIGNING INTO BUYSELLMF - ACCOUNT AGGREGATOR SERVICE, THE ACCOUNTS LINKED THEREIN BY THE USER ARE AUTOMATICALLY SIGNED INTO.
You further represent that you are the legal owners or you are authorized for operation, of your Linked Accounts at third party websites and that you have the authority to (i) designate us and/or Third Party Service Provider(s) as your agent(s), (ii) use the Website and (iii) provide your passwords, usernames, and all other information relevant to provide you with the Account Aggregator Services. The Linked Accounts will get aggregated based on the information provided by you, without going into verification, and Prajna FinServ / BuySellMF shall not be liable for any wrong or inaccurate information with respect to your Linked Accounts.
Prajna FinServ / BuySellMF reserves the right to use the information accessed and aggregated by you to provide you with better services, information and alerts from time to time. The Account Aggregator Service tools and services are subject to such charges and fees, as may be made applicable from time to time. Prajna FinServ / BuySellMF reserves the right to change such charges/fees for these services, as deemed fit and proper. Prajna FinServ / BuySellMF will notify you about the charges/fees electronically and intimation shall be provided to you at the email address provided by you at the time of registration.
DATA AND INFORMATION UNDER ACCOUNT AGGREGATOR SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED FOR TRADING OR TRANSACTIONAL PURPOSES. IN CASE YOU WISH TO TRADE OR PERFORM ANY TRANSACTIONS, YOU WILL BE DIRECTED TO THE RESPECTIVE THIRD PARTY WEBSITES, IN WHICH CASE YOU WILL BE ABIDING BY THE TERMS & CONDITIONS OF THE RESPECTIVE THIRD PARTY WEBSITES
You agree that Prajna FinServ / BuySellMF is not liable for any errors, inaccuracies or delays in the content or aggregation, or for any actions taken on reliance thereof. The services which you may be able to access through the Website are services of identified Banks or Merchants etc. The Website/ Mobile App provides links to identified Banks or Merchants etc. for your convenience only. Prajna FinServ / BuySellMF does not endorse or recommend the services of any Bank or Merchants etc. The Bank or Merchants etc. you select is solely responsible for its services to you.
Prajna FinServ / BuySellMF is not liable for any damages or costs of any type arising out of, or in any way connected with your use of the Account Aggregator Services or the services of the Bank, or Merchants or third party sites etc., as the case may be. There may be a situation where the use of Account Aggregator Services at the instance of the bank, merchant may result in withdrawal/cancellation/discontinuation of your Account due to any reasons whatsoever. You agree that in such an event, you will not hold Prajna FinServ / BuySellMF liable for withdrawal/cancellation/discontinuation of your Account or consequent damages or losses. You may also add information into the Website/Mobile App for accounts not available at other websites or which are not linked online to the Website/Mobile App. In such a case, you are solely responsible for the accuracy of such information.
You also agree and understand that data feeds, prices, rates and other similar market value information about any product or asset or property or securities or account information could be based on delayed feeds and these data or information may not reflect the real time values/actual rates.
THIRD PARTY SITES
By using the Services, you hereby authorize Prajna FinServ / BuySellMF and its Third Party Service Providers to access the websites of third parties designated by you specifically to link to your account on the Website/ Mobile App, on your behalf, so as to register and enable the Linked Accounts, as requested by you. Prajna FinServ / BuySellMF would act as your agent/power of attorney holder for this limited purpose. The Website/ Mobile App does not have the capability to initiate any transaction affecting your Linked Accounts or provide notices or instructions affecting such Linked Accounts. Transactions and inquiries that you may initiate on the Linked Accounts at such Bank/Merchants/third party sites are not made through the Website/ Mobile App and Prajna FinServ / BuySellMF assumes no responsibility for such transactions or inquiries. You are responsible for the fees charged by the Bank/Merchants/third parties in connection with such transactions and Linked Accounts, and you agree to comply with the terms and conditions of those accounts and use of services.
If you have a dispute or question about any transaction on such website(s), you shall direct those to the respective providers of the Linked Accounts. Third party websites shall be entitled to rely on the authorizations, agency and power of attorney granted by you to Prajna FinServ / BuySellMF, under this Agreement. Prajna FinServ / BuySellMF has no relationship to, affiliation, or connection with any such third party websites available for use with the Services, except where the third party websites belong to group or associate companies wherein you hold an account. However, the Services are not endorsed or sponsored by any such third party websites/providers. You agree and understand that Linked Accounts or services and information of group/associate company are not in any manner intended as being endorsed by PRAJNA FINSERV / BUYSELLMF , nor is it intended to be construed as being endorsed by Prajna FinServ / BuySellMF. You agree and understand that you can choose and avail of the services and information of any other service provider, including for undertaking any transaction or for any other investment related matter. Such services and offerings will be as per the terms and conditions agreed by and between you and the service provider offering such services.
You agree that PRAJNA FINSERV / BUYSELLMF assumes no responsibility and shall incur no liability with respect to the acts, omissions, or determination of any such third party website or service provider. You acknowledge and agree that the Website/ Mobile App may not maintain the same level of security against unauthorized access to your account information as the third party websites from which you have authorized Prajna FinServ / BuySellMF to retrieve information on your behalf.
BUYSELLMF INVESTMENT ACCOUNT FACILITY
As a registered and active user of www.BuySellMF.com Mobile App, in case you avail the facility of dealing in online mutual fund transactions through BuySellMF Investment Account facility, you shall agree to the terms and conditions of BuySellMF Investment Account facility separately available on the website at the time of activation / transactions and all such transactions undertaken shall be subject to /governed by such terms and conditions.
DEACTIVATION OF SERVICE(S) AND TERMINATION OF AGREEMENT
You shall have an option to deactivate the Service(s) by following the administrative rules prescribed by Prajna FinServ / BuySellMF from time to time. The deactivation request(s) would be processed and you shall receive deactivation intimation for your future records and reference. If you use Bill Payment Services and your services account is suspended or cancelled/deactivated, it may result in any scheduled payments/pending electronic payments to also be suspended or cancelled. Deactivation of Services will automatically lead to the termination of this Agreement. Upon deactivation of Services, Prajna FinServ / BuySellMF shall not be liable to refund the subscription fee, if any, paid either in whole or in part.
Prajna FinServ / BuySellMF may, at any time, terminate this Agreement with you immediately upon notice:
• If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement).
• If Prajna FinServ / BuySellMF, in its sole discretion, believes it is required to do so by law or regulatory authority.
• If you are found to upload any objectionable content.
• If you have provided false and incorrect information as a part of your Registration Information.
INTELLECTUAL PROPERTY RIGHTS
• The contents of the Website/Mobile App, including its "look and feel” (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programmes) and other material are the owned/licensed by/to Prajna FinServ / BuySellMF and/or its Third Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws. You acknowledge and agree that Prajna FinServ / BuySellMF and/or its licensors or suppliers own all rights to this Website/ Mobile App, the content displayed on the Website/Mobile App and any intellectual or proprietary property and/or technology (in any form) made available to you as a part of or in conjunction with the Services.
You are only permitted to use any of the foregoing as expressly authorized by these Terms, and otherwise, by the Services. You may download or print a copy of the information provided on this Website/Mobile App for your personal, internal and non-commercial use only. You may not copy, re-print, reproduce (electronically or otherwise), distribute, or create derivative works from any content on the Website/Mobile App, in whole or in part, for any other purpose without our prior written consent. Further, you agree not to reverse engineer or reverse compile any technology associated with the Services, including but not limited to any software applications or Java applets associated with the Services Content, from the Website/ Mobile App, in whole or in part.
INTELLECTUAL PROPERTY RIGHTS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PRAJNA FINSERV / BUYSELLMF AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRAJNA FINSERV / BUYSELLMF AND ITS THIRD PARTY SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICES, WHETHER THE RESULT OF ACTIONS BY PRAJNA FINSERV / BUYSELLMF , OR ANY THIRD PARTY.
PRAJNA FINSERV / BUYSELLMF MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE/MOBILE APP OR OF THE SERVICES (WHETHER OR NOT SPONSORED BY THIRD PARTY SERVICE PROVIDERS), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. PRAJNA FINSERV / BUYSELLMF MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
CATEGORIZATION OF YOUR TRANSACTIONAL INFORMATION WITHIN THE SERVICES IS ESTIMATION PROVIDED FOR YOUR INFORMATION ONLY, AND PRAJNA FINSERV / BUYSELLMF DISCLAIMS ALL WARRANTIES OF ACCURACY FOR ANY USE, INCLUDING WITHOUT LIMITATION, TAX DEDUCTION. PRAJNA FINSERV / BUYSELLMF AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRAJNA FINSERV / BUYSELLMF OR ITS SERVICE PROVIDERS OR THROUGH OR FROM PRAJNA FINSERV / BUYSELLMF OR ITS SERVICE PROVIDERS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER PRAJNA FINSERV / BUYSELLMF NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, THIRD PARTY DEVELOPERS, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF PRAJNA FINSERV / BUYSELLMF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM PRAJNA FINSERV / BUYSELLMF ; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES.
NIETHER PRAJNA FINSERV / BUYSELLMF NOR ANY OF ITS AFFILIATES , DIRECTORS , OFFICERS OR EMPLOYEES, WILL BE LIABLE OR HAVE ANY RESPONSIBILTY OF ANY KIND FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE THAT YOU MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE/MOBILE APP, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE/MOBILE APP OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR from any other cause relating to your access to, inability to access, or use of the Website/Mobile Application or these materials, whether or not the circumstances giving rise to such cause may have been within the control of the Website/Mobile App or of any vendor providing software or services support. In no event, will PRAJNA FINSERV / BUYSELLMF be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind.
IN ALL CASES, THE MAXIMUM LIABILITY, IF ANY, SHALL BE RESTRICTED TO THE EXTENT OF SUBSCRIPTION FEES, IF ANY PAID BY YOU, TO PRAJNA FINSERV / BUYSELLMF FOR USE OF SERVICES WHICH ARE OFFERED BY PRAJNA FINSERV / BUYSELLMF . UNDER NO CIRCUMSTANCES SHALL PRAJNA FINSERV / BUYSELLMF BE LIABLE FOR YOUR USING THESERVICES OFFERED OR PROVIDED BY ANY THIRD PARTY SERVICE PROVIDER.
RULES for POSTING
As part of the Services, Prajna FinServ / BuySellMF may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Website. These forums may be hosted by Prajna FinServ / BuySellMF or by one of its third party service providers on Prajna FinServ / BuySellMF behalf. While posting any content, you agree to follow certain rules, including but not limited to the following:
a. You shall be solely responsible for all content you post on the Website/ Mobile App
b. By submitting content to us, you represent that you have all necessary rights and hereby grant Prajna FinServ / BuySellMF a perpetual, worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Website/Mobile App and Prajna FinServ / BuySellMF business, including without limitation for promoting and redistributing part, or all of the site/mobile app (and derivative works thereof) in any media formats and through any media channels.
c. You also hereby grant other users of the Services a non-exclusive license to access your posted content through the Website/Mobile App, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Website/Mobile App and under this Agreement.
d. You shall not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or programme that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
e. You shall not post or transmit any message, data, image or programme that would violate the property rights of others, including unauthorized copyrighted text, images or programmes, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
f. You may not interfere with other users use of the Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Services' infrastructure, or that negatively affects the availability of the Service to others.
g. Except where expressly permitted, you shall not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You shall not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (eg. a classified bulletin board) that are designated for such a purpose.
h. You shall not copy or use personal, identifying or business contact information about other users of the Services without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
i. You agree that PRAJNA FINSERV / BUYSELLMF may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant PRAJNA FINSERV / BUYSELLMF a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty- free license to use the feedback you provide to PRAJNA FINSERV / BUYSELLMF in any way.
You agree to also comply with Community Guidelines, in addition to the terms of this Agreement.
Prajna FinServ / BuySellMF will try to make your experience with the Website/Mobile App a productive one. However, PRAJNA FINSERV / BUYSELLMF cannot always foresee or anticipate technical or other difficulties. The Services may contain errors, bugs, or other problems. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that, except as explicitly stated otherwise in these Terms, the Services is provided "AS IS", without warranties of any kind. Prajna FinServ / BuySellMF does not assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.
Prajna FinServ / BuySellMF and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non availability of the Website/Mobile App, and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. Prajna FinServ / BuySellMF will not be responsible for any liability arising out of delay in providing any information on the Website/Mobile App.
Service Changes and Discontinuation
Prajna FinServ / BuySellMF reserves the right to discontinue or suspend, temporarily or permanently, the Services, by giving 48 (forty eight) hours notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website/Mobile App or maintain the security and integrity of the Services. You agree that Prajna FinServ / BuySellMF will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
You shall not be entitled to avail of the Services without the use of a user name and password. You are responsible for maintaining the confidentiality of your password and Account, and you shall not allow anyone else to use your password at any time. You are fully responsible for all activities that occur using your password or Account. Please notify Prajna FinServ / BuySellMF immediately of any unauthorized use or access of your password or Account, or any other breach of security. Prajna FinServ / BuySellMF will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Customer Service Requests
If you request customer service assistance or report a problem with the Services, it may be necessary for Prajna FinServ / BuySellMF to access your BuySellMF account/ Mobile App account and view your account information.
Obey the LawYou agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
Access and Interference
You agree that you will not:
a. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website/Mobile App, or any portion of the Website/Mobile App, without Prajna FinServ / BuySellMF express written consent, which may be withheld at Prajna FinServ / BuySellMF sole discretion.
b. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website/Mobile App, other than the search engines and search agents available through the Services and other than generally available third party web browsers (such as Microsoft Explorer).
c. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website/Mobile App or the Services.
d. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website/Mobile App or the Services.
Restrictions on Commercial Use or Resale
Your right to use the Services is personal to you; therefore, you agree not to resell or make any commercial use of the Services.
Right to use Information
Your usage of this Website/Mobile App provides an implied license to Prajna FinServ / BuySellMF and its service providers, modify, display, distribute any information, data, materials, or other content you provide to Prajna FinServ / BuySellMF and that is retrieved from third party sites at your request and new material created (collectively, "Content") for the purpose of providing the Services.
In addition, Prajna FinServ / BuySellMF welcomes your feedback as a user of the Services. Any feedback you provide will become the confidential and proprietary information of PRAJNA FINSERV / BUYSELLMF , and you agree that PRAJNA FINSERV / BUYSELLMF may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to Prajna FinServ / BuySellMF. Prajna FinServ / BuySellMF shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into Prajna FinServ / BuySellMF or other Prajna FinServ / BuySellMF software or services.
All product and service marks contained on or associated with the Services that are not Prajna FinServ / BuySellMF marks are the trademarks of their respective owners. Prajna FinServ / BuySellMF would require you to respect the same. References to any such names, marks, products or services of third parties or hypertext links to third party sites or information does not imply Prajna FinServ / BuySellMF endorsement, sponsorship or recommendation of the third party, information, product or service.
Not an Investment Advisor, Planner, Broker or Tax Advisor
Neither Prajna FinServ / BuySellMF nor the Services are intended to provide any legal, tax or financial or securities related advice. You agree and understand that Prajna FinServ / BuySellMF is not and shall never be construed as a financial planner, financial intermediary, investment advisor, broker or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and is broad and general in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation.
Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your advisor or other financial advisers who are fully aware of your individual circumstances. For more details, please also refer to the Legal Disclaimer provided on the Website/Mobile App.
However Prajna FinServ / BuySellMF may facilitate the above services via any Third Party service provider/ Intermediary in the capacity of agency services
Under no circumstances shall PRAJNA FINSERV / BUYSELLMF and any of its Third Party Service Providers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree to protect and fully compensate Prajna FinServ / BuySellMF, its affiliates, subsidiaries, licensors, suppliers and service providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the Services, your violation of the Terms or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
You agree that a third party beneficiary of these provisions, with all rights to enforce such provisions as if Third party were a party to this Agreement.
Prajna FinServ / BuySellMF may, from time to time, announce certain offers with intent to promote its Website/Mobile App and/or Services (Promotional Offers). The Promotional Offer(s) would always be governed by these Terms plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms, to the extent they may be in conflict with these Terms. Prajna FinServ / BuySellMF reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.
Subscription Fees and Additional Charges
The Users agree to pay the different charges for the usage of Website/Mobile App and for its Services thereof as may be specified on the Website/Mobile App from time to time (Subscription Fee). Currently, the Subscription Fee is payable in advance on an annual renewal basis; however, Prajna FinServ / BuySellMF reserves its right to revise the subscription model from time to time, at its sole discretion. Subscription Fee may be specified in one or more categories based on features of the Services. Users shall have the option to subscribe for the Services under any one of such category. Once subscribed, the User shall not be allowed to downgrade the subscription category, until the subscription comes up for renewal. Once paid, there would be no refund of Subscription Fee unless the Services are voluntarily discontinued by Prajna FinServ / BuySellMF, at their sole discretion and convenience. In such an event, the Subscription Fee shall be refunded on a proportionate basis, as per the extant administrative rules of Prajna FinServ / BuySellMF. Prajna FinServ / BuySellMF reserves its right to change the Subscription Fee (or its categories) without any prior intimation. All such changes would be effective prospectively. Notwithstanding anything herein, the Promotional Offer(s) may specify Subscription Fee at differentiated rate(s), which would be applicable solely for the corresponding Promotion Offer(s) and not otherwise.
You are responsible for any and all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the services provided by them through the Website (Additional Charges); e.g. when you use the Bill Payment Service to make an expedited payment, you agree to pay any applicable charges and authorize the processor bank to deduct or charge all such Additional Charges from your designated bank account. These Additional Charges would be in addition to any fees that may be imposed by the payee. You are responsible for fees for your use of the Services even if a payee refuses or is unable to process a requested Bill Payment, or if the payee processes only a portion of the amount owed for a Bill Payment.
Third Party Products and Services
Prajna FinServ / BuySellMF reminds you to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website/Mobile App, users may visit or be directed to sites containing information or material that may be offensive or inappropriate to some people. Prajna FinServ / BuySellMF makes no effort to review the content of these sites, nor is Prajna FinServ / BuySellMF or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites.
In addition, Prajna FinServ / BuySellMF does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that Prajna FinServ / BuySellMF does not pre-screen content, but that Prajna FinServ / BuySellMF will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the Services.
These Terms and any notices or other communications regarding the Services may be provided to you electronically or through any other communication mode. You agree to receive communications from Prajna FinServ / BuySellMF / its group companies/ other third parties with whom PRAJNA FINSERV / BUYSELLMF may share your information so far as required for joint marketing purposes or for offering various services, in electronic form including telephonic calls/ SMS on your mobile/ Email/ posting on service website or through any other communication mode. You confirm that laws in relation to the unsolicited communication referred in “National Do Not Call Registry” (the “NDNC Registry”) as laid down by Telecom Regulatory Authority of India will not be applicable for such communication/calls/ SMS received from Prajna FinServ / BuySellMF, its employees, agents, group companies or third parties as mentioned above. All communications in electronic format will be considered to be in "writing". Your consent to receive communications electronically or otherwise is valid until you revoke your consent by notifying PRAJNA FINSERV / BUYSELLMF of your decision to do so. If you revoke your consent to receive communications, PRAJNA FINSERV / BUYSELLMF shall have the right to terminate the Services.
You shall not assign your rights and obligations under this Agreement to any other party. PRAJNA FINSERV / BUYSELLMF may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.
Neither PRAJNA FINSERV / BUYSELLMF nor any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing and signed by PRAJNA FINSERV / BUYSELLMF . No delay or omission on the part of PRAJNA FINSERV / BUYSELLMF or any of its Service Providers and processor bank/merchants etc., in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
You agree that these Terms are the complete and exclusive statement of agreement between you and PRAJNA FINSERV / BUYSELLMF and supersede any proposal or prior agreement, oral or written, and any other communications between you and PRAJNA FINSERV / BUYSELLMF and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms. These Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and PRAJNA FINSERV / BUYSELLMF and/or the processor bank.
Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Prajna FinServ / BuySellMF and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be Mumbai. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.
Governing Law and Jurisdiction
The Website/Mobile App specifically prohibits you from usage of any of its Services in any countries or jurisdictions that do not corroborate to all stipulations of these Terms. The Website/Mobile App is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Bangalore having exclusive jurisdiction.
BuySellMF is a division of Prajna FinServ Private Limited.
If you do not agree with these Terms, you can/should stop using the Services.
A. Using Our Services
BuySellMF / Prajna FinServ is one of the most advanced and friendly investing service od India. We help invest your savings in Equity, Debt, and Tax Saving Mutual Funds scientifically selected by our proprietary algorithms and software.
Please don't misuse BuySellMF / Prajna FinServ’s Services. For example, don't disrupt BuySellMF / Prajna FinServ’s Services or try to access them using a method other than the interface and the instructions that we provide. If you interrupt, destroy or limit the functionality of our Services, we may stop providing our Services to you and pursue legal action against you.
Using our Services does not give you ownership of any intellectual property rights, including any branding or logos, in our Services or the content you access. You may not use content from our Services unless you obtain our permission first, and attribute ownership appropriately.
If you have provided us your contact details, such as email or phone number, we may send you announcements, messages or information on our Services and how to use them. You may opt out of some of these messages.
B. Your Privacy and Data Protection
Using our Services does not give you ownership of any intellectual property rights, including any branding or logos, in our Services or the content you access. You may not use content from our Services unless you obtain our permission first, and attribute ownership appropriately.
If you have provided us your contact details, such as email or phone number, we may send you announcements, messages or information on our Services and how to use them. You may opt out of some of these messages.
C. Prajna FinServ Intellectual Property
Prajna FinServ owns all intellectual property rights in respect of the Services including any literature, reports, data, drawings, designs, diagrams, tables, software, source code or object code or other information or materials, howsoever stored or held, acquired, created, developed, designed or in any way prepared, by Prajna FinServ.
The "BuySellMF" name and logos and all related names, trademarks, service marks, design marks, and slogans are the trademarks or service marks of us or our licensors.
You may not use the BuySellMF / Prajna FinServ logo in any manner that is deceptive or disparaging, or in connection with any product or service that BuySellMF / Prajna FinServ does not explicitly endorse. If you wish to use BuySellMF / Prajna FinServ trademarks, please contact Invest@BuySellMF.com
D. Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, your information stays yours.
When you upload, submit, store, publish, send or receive content to or through our Services, such content must not:
1. Be harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful or racially or ethnically objectionable, disparaging, and relating to or encouraging money laundering or gambling.
2. Harm minors in any way.
3. Infringe any patent, trademark, copyright or other intellectual property rights.
4. Deceive or mislead the reader about the origin of such messages or communicate any information that is grossly offensive or menacing in nature;
5. Contain software viruses or any other programs designed to interrupt, destroy or limit the functionality of another computer or mobile device.
6. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order.
7. Cause the incitement to commit any offence or prevent the investigation of any offence.
8. Be insulting to any other nation.
9. Impersonate another person.
Please also note that under the IT Act, such above actions may be considered a crime.
E. Intellectual Property of Others
You may not upload or publish or share any information that belongs to another person and to which you have no right to. If you think somebody is violating your copyright and want to notify us, please contact Invest@BuySellMF.com. We will work with you to resolve your issue within thirty-six hours.
F. Software in our Services
When a Service includes downloadable software, BuySellMF / Prajna FinServ gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, and non-exclusive license to use the software provided to you as part of our Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Services, in the manner permitted by these Terms.
You may not copy, modify, distribute, sell, or lease any part of our Services, including our software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission.
This software may update automatically on your mobile device once a new version or feature is available. For example, our mobile application(s) will update automatically on your mobile device unless you adjust your automatic update settings.
G. Your BuySellMF / Prajna FinServ Investment Account
You will need a BuySellMF / Prajna FinServ investment account in order to make investments, the operation of which, is additionally covered by the Investment Services Agreement (available at - https://BuySellMF.com/BSMFpages/Services-Agreement ). By initiating registration for the investment account you acknowledge your acceptance of the Investment Services Agreement.
H. Modifying and Terminating Our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may stop a Service altogether. In each case, we will give you reasonable advance notice.
You can stop using our Services at any time. BuySellMF / Prajna FinServ may also stop providing Services or create new limits to our Services at any time.
I. Warranties and Disclaimers
The information we provide through our Services does not constitute advice. Please seek independent financial advice when making investment decisions.
Other than as expressly set out in these Terms or the Investor Services Agreement, neither BuySellMF / Prajna FinServ nor its service partners make any specific promises about the Services.
We don't make any commitments about the content within the Services, the specific functions of the Services, or their availability to you at all times. We provide the Services "as is".
J. Liability for Our Services
When permitted by law, BuySellMF / Prajna FinServ and its service partners will not be responsible for lost profits, revenues, or data, financial losses, or any damages.
In all cases, BuySellMF / Prajna FinServ and its service partners, will not be liable for any loss or damage that is not reasonably foreseeable.
K. About these Terms
We may modify these Terms to reflect changes to the law or changes to our Services. We will notify you of such changes. Changes will never apply retroactively and will be effective immediately on posting. If you do not agree to the modified Terms, please discontinue your use of the Service.
If there is a conflict between these Terms and the terms of our Investor Services Agreement, the terms of the Investor Services Agreement will prevail for that conflict.
These Terms govern the relationship between BuySellMF / Prajna FinServ and you. They do not create any third party beneficiary rights.
If you do not comply with these Terms, and we do not take action immediately, it will not be construed as our consent to your non-compliance.
If any term contained in these Terms is unenforceable, it will not affect the other Terms.
You agree that the laws of India will apply to any dispute arising out of or in relation to these Terms or the Services.
All disputes will be subject, first, to mediation, and then by arbitration by a sole arbitrator appointed by BuySellMF / Prajna FinServ in accordance with Indian law. The venue of arbitration will be Bengaluru, Karnataka.
L. SEBI Notification
Mutual fund investments are subject to market risks, read all scheme related documents carefully. Past performance is not an indicator of future returns.