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This page contains the terms and conditions (“Terms of Use”) that apply to any registered user or person (“User/You/Your”) who has access / browses / uses the website located at www.appreciatewealth.com (“Website”) and Appreciate mobile application available on Apple AppStore and Google Play Store (“App”), (the Website and the App shall be collectively referred to as the “Platform”). The Platform is owned, managed and operated by Appreciate Platform Private Limited (“APPL”) and licensed to Platform Service Providers (as defined below) and Platform Integrators.
These Terms of Use constitute a legal agreement between You, and (i) each of the Platform Service Providers (as defined below) that You may receive any services from, directly or indirectly, and (ii) any Platform Integrators you may access the platform through.
1.1You acknowledge that the Platform allows You to avail the products and services directly from the below specified entities or its group entities (including all present and future Affiliates) and facilitates communication with and/or between them for providing such services, and other related information, in accordance with the Terms of Use:
1.1.1 The following group and Affiliated companies of APPL offer their products and services in relation to equities and securities of Indian companies to You:
AIEPL and AIAPL will collectively be referred to as “Appreciate India Securities Service Providers”.
1.1.2 Appreciate Broking IFSC Private Limited (“ABIPL”), is a broking entity registered with the International Financial Services Centres Authority (“IFSCA”), having license number IFSCA/BD/2022-23/0004 and offers products and services in relation to permitted securities investments;
1.1.3 ABIPL India Ops Private Limited (“ABIPL India Ops”), a subsidiary of ABIPL, holds an EOP license with registration number (CAT-1 EOP -0017). Additionally, ABIPL India Ops offers distribution services and certain technology services, and is a business facilitator working with several financial services companies; and
1.1.4 In addition to APPL managing and operating the Platform, APPL along with Appreciate Credit Technologies Private Limited (“ACTPL”), provide certain technology and other services, and enable provision of services on the Platform.
1.2 You are hereby granted a limited, non-exclusive, non-transferable, royalty free license to use the Platform for availing services (“Platform Service(s)”) from APPL, AIEPL, AIAPL, ABIPL, ABIPL India Ops, ACTPL and their group entities and Affiliates (including all present and future Affiliates) (“Platform Service Provider(s)”).
The term “Affiliate” means with respect to an entity the holding company, subsidiaries and associate companies and shall include any other entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control of such entity.
1.3 All the transactions and arrangements in relation to the Platform Services are undertaken on an arm’s length basis by the Platform Service Providers.
1.4 By registering with the Platform, the User agrees to abide by all the terms and conditions, policies, procedures, instructions and guidelines available on the Platform (and updated from time to time) at all points of time.
1.5 The User may receive the Platform Services provided by any Platform Service Provider on the Platform. The User understands that the Terms of Use shall be binding upon such User, till the time the User continues to avail or subscribe to any such Platform Service. It is understood that for availing the Platform Services, the User consents to its data being collected and shared amongst the Platform Service Providers, to the extent permissible under applicable laws.
1.6 In managing and operating the Platform and providing access to the Platform Services, APPL may take services or engage with third party platform integrators (“Platform Integrators”). The Platform Integrators may collect or have access to the User’s data and the Platform Service Providers may share such User’s data with the Platform Integrators, to the extent required to onboard the Users or provide access to the Platform Services.
2.1 The Platform enables the Users to avail products and services from third party service providers. If You use such product/services, You will be governed by the respective third party entity’s terms and conditions for availing the product/service, in addition to this Terms of Use and Privacy Policy (as defined below). No Platform Service Provider shall be responsible or liable for such product/services offered by any third party.
2.2 The Platform may contain links or direct You to various third-party platforms. Any display of third-party goods/services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval by any Platform Service Provider of any such third parties. The User agrees that no Platform Service Provider is in any way responsible for the timeliness, accuracy or completeness of information that they may obtain from these third parties and which may be posted/published on the third-party platforms, and as may be amended from time to time.
2.3 The User understands that the Platform Service Providers may engage with sub-contractor or be providing the Platform Services as a sub-contractor. You hereby give Your consent to each of the Platform Service Provider and any such sub-contractor to share your information or data, collected or received in relation to provision of any services, with each other. You understand that the Platform Service Providers (as applicable) may rely on subcontractors for undertaking KYC, for provision of Platform Services or provision of data necessary for the provision of Platform Services, as the case may be.
3.1 APPL has established a privacy policy available at www.appreciatewealth.com (“Privacy Policy”) that explains to the User how their information is collected and used. The Privacy Policy is referenced below and is hereby incorporated into the Terms of Use set forth herein. Your use of the Platform and Your engagement with each of the Platform Service Providers is also governed by the Privacy Policy. You hereby also acknowledge that any specific product or service availed by You on the Platform may have their own additional or supplemental terms and conditions and unequivocally consent to comply with and abide by such additional or supplemental terms and conditions.
3.2 These Terms of Use, read with the Privacy Policy, shall be treated as an electronic record under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic records under various Indian statutes and is enforceable against You under law by way of Your acceptance hereof. The Platform Service Providers reserves the right to change, modify, amend or update these Terms of Use and any other documents incorporated by reference herein at its sole discretion for complying with the extant legal and regulatory framework and for other legitimate business purposes at any time and the Company will post the amended Terms of Use with or without any notification to You on the Platform. It is Your responsibility to review the Terms of Use for any changes and You are encouraged to check the Terms of Use frequently. Your use of the Platform following any amendment of the Terms of Use will signify Your assent to and acceptance of any revised Terms of Use. Your usage of the Platform and availing of any Platform Services provided by the Platform Service Providers on the Platform, shall be deemed acceptance to these Terms of Use (as may be changed, modified, amended or updated from time to time).
4.1 You must be 18 years of age or older to visit or use the Platform in any manner. By visiting the Platform or accepting these Terms of Use, You represent and warrant to each of the Platform Service Providers that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform Services and agree to and abide by these Terms of Use. You also represent and warrant to the Platform Service Providers that You will use the Platform in a manner consistent with any and all applicable laws and regulations, any requirements for consents, approvals or any other actions by any court, tribunal, administrative or competent authority in addition to these Terms and that Your usage of the Platform or any of the services availed on the Platform will not conflict with, or result in a breach of any agreements, instruments, orders, judgments or decree which You are subject to.
4.2 You represent, acknowledge and agree that: (a) all registration information (including without limitation, contact information and your permanent residential address) that You submit in relation to availing any Platform Services, is truthful, current, complete and accurate, (b) You will ensure that in the event of any change of such information submitted, the change will be informed to the Platform Service Providers or updated on the Platform, at the earliest, and (c) Your use of the Platform and the Platform Services offered do not violate any applicable law or regulation applicable either to You, the Platform or the Platform Service Provider. Your User Account (as defined below) may be terminated without warning if any Platform Service Provider, believes that You are under the age of 18 or that You are not complying with any applicable laws, rules or regulations or these Terms of Use.
5.1 These Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation in the Platform, including advertisements, third party applications and internet links, and all content and Platform Services available through the Platform. These Terms of Use shall also govern the financial transactions of the Users on the Platform.
5.2 In addition to the Terms of Use, which governs Your access and use of the Platform, Your access to, use of, and participation in the Platform is subject to all applicable regulations, guidelines and additional policies that the Platform may set forth from time to time, including without limitation, any product specific policy and any other restrictions or limitations that the Platform Service Providers publish (the “Additional Policies”). You hereby agree to comply with the Additional Policies and Your obligations thereunder at all times. You hereby acknowledge and agree that if there is any erroneous and incorrect information provided by You or You fail to adhere to any of the terms and conditions of these Terms of Use or the documents referenced herein, including any Additional Policies, then any of the Platform Service Providers, in its sole discretion, may terminate Your User Account at any time without prior notice to You as well as initiate appropriate legal proceedings, if necessary.
6.1 You may use the Platform in the manner and on the terms and conditions as set forth in these Terms of Use; provided, however, that (i) You will not copy, distribute, or make derivative works of the Platform in any medium without APPL’s or the relevant Platform Service Providers’ prior written consent; (ii) You will not alter or modify any part of the Platform other than as permitted and as may be reasonably necessary to use the Platform for its intended purposes; and (iii) You will at all times act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
7.1 You need not register with the Platform to simply visit and view the Platform, but to access and avail the Platform Services, You will need to create a password-protected user account (“User Account”). To create a User Account, You must submit Your name, email address and such other details as may be requested through the User Account registration page on the Platform and create a password. You are solely responsible for safeguarding Your password on the Platform and, if applicable, Your password on the third-party sites linked to the Platform (collectively, "Password/s") and You shall keep Your Passwords secure at all times.
7.2 You can, and are advised to, change Your passwords from time to time in order to keep Your User Account and Your interactions secured within the Platform. You shall be solely responsible for all activities that occur on Your User Account and You shall notify APPL or the relevant Platform Service Provider, immediately of any breach of security or any unauthorized use of Your User Account. Similarly, You shall never use another's User Account without APPL’s or the relevant Platform Service Providers’ permission. You agree that You will not misrepresent Yourself or represent Yourself as another User of the Platform and/or the Platform Services offered through the Platform.
7.3 Account Policies: You acknowledge and agree that You shall comply with the following policies ( “Account Policies”):
7.3.1 You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers” etc., to access the Platform, for any purpose, without the Platform Service Providers’ prior written approval.
7.3.2 You shall not in any manual or automated manner collect information, personal or otherwise, of any other User on the Platform including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text or content, or otherwise misuse or misappropriate the Platform’s information or content, including but not limited to, use on a “mirrored”, competitive, or third party website, except with the prior written consent of the Platform Service Providers or through a lawful and valid communication with such other User through any valid communication channel provided on the Platform. You shall not take any action that (i) unreasonably encumbers or, in any of the Platform Service Provider’s view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses a Platform Service Provider’s measures that are used to prevent or restrict access to the Platform.
7.3.3 You shall not frame or hotlink or deep link any contents from the Platform.
7.3.4 You agree to neither collect nor harvest any personally identifiable data, including without limitation, names or other User Account information, from the Platform, nor to use the communication systems provided by the Platform for any use other than as intended under the Platform and in accordance with the Privacy Policy.
7.3.5 You agree that the opening and maintenance of Your account on the Platform will be subject to the rules and regulations prescribed by the RBI, IFSCA, Securities Exchange Board of India (“SEBI”) and any other regulatory authority.
7.3.6 You agree to receive all updates and alerts via in-app notifications/communications, messages or notifications to your registered mobile number and email address. The delivery of such updates and alerts will be done by the Platform Service Providers on a best-effort basis through its official channels.
7.3.7 You understand and agree to pay to the Platform Service Providers such fees as may be applicable from time to time for using the Platform and availing its services. These fees shall be revised on the basis of factors including the prevalent market conditions and such revisions shall be displayed within the ‘price transparency’ section of the Platform. You acknowledge that that the Platform may engage third-party entities to provide the User with information regarding the features and services provided by the Platform, assist the User with their on-boarding process and provide additional enhanced support at the option of the User. You hereby agree that additional fees may be charged (as set out in the ‘price transparency’ section) for availing such enhanced support services from third-party entities.
8.1 In no event will the Platform Service Providers, their directors, employees, agents, associates, partners or suppliers, ONDC or Platform Integrators be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including loss of profit or loss of revenue, even if the Platform Service Providers have been advised of the possibility of such damages. Further, it is hereby clarified that in no event will the Platform Service Providers, their directors, employees, agents, associates, partners, or suppliers, ONDC or the Platform Integrators be held liable for the usage or disclosure of any of the User’s information to any third party, as long as such usage or disclosure is in compliance with the Terms of Use.
8.2 You hereby expressly acknowledge and agree that You (and not the Platform Service Providers) will be liable for Your losses, damages, costs, etc. (whether direct or indirect) caused by an unauthorized use of Your User Account. Notwithstanding the foregoing, You may be liable for the losses of the Platform Service Providers or others due to such unauthorized use and Platform Service Providers will not be responsible for misuse of Your User Account by any third party, whether authorized by You or not. In no event shall the Platform Service Providers be liable to You for any damages for breach of fiduciary duty by third-parties.
8.3 In the event the Platform Service Providers is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Platform, the Platform Service Providers’ liability shall in no event exceed the total value of any service fees connected with Your User Account paid in the 3 (three) months prior to the date of the initial claim made against the Platform Service Provider.
8.4 By agreeing to use the Platform, the User agrees to indemnify and hold the Platform Service Providers, its affiliates, partners, directors, employees, and agents, and the Platform Integrators harmless from any losses or harms that may arise due to: (i) breach by the User of any applicable laws, rules or regulations that may have been applicable to their transactions on the Platform; (ii) breach by the User of any of the clause contained in these Terms of Use, or the terms and conditions prescribed by any third parties whose services are availed by You through the Platform; and (iii) any act, neglect, misconduct or fraud by the User.
You agree that:
9.1 You have read and agree to be bound by the subscriber agreement and the CBOE Global Markets, Inc. Privacy Notice and Policy (located at www.cboe.com/legal/privacy) (“Data Subscriber Agreement”);
9.2 You are not: (i) an agent of CBOE Data Services, LLC; (ii) authorized to add to or delete any terms or provisions from the Data Subscriber Agreement; and/or (iii) authorized to modify any provision of the Data Subscriber Agreement; and
9.3 No provision has been added to or deleted from the Data Subscriber Agreement and no modifications have been made to it. Both the subscriber and the person executing on behalf of the subscriber warrant that the subscriber is legally able to undertake the obligations set forth therein and the signatory is duly authorized to bind the subscriber to the Data Subscriber Agreement.
10.1 In order to ensure that the User can access the various features and use the Platform Services provided by the Platform Service Providers, the User shall be required to mandatorily submit certain personal information to ensure compliance with prevalent ‘Know Your Customer’ (“KYC”) regulations, the Prevention of Money Laundering Act, 2002, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, IFSCA (Anti Money Laundering, Counter Terrorist Financing and Know Your Customer) Guidelines, 2022, Know Your Customer (KYC) Direction, 2016 by the RBI, circulars issued by authorities from time to time on anti-money laundering standards, along with all rules, regulations, guidelines, circulars and any subsequent amendments thereto, with such Platform Service Providers who are authorised under applicable laws to handle such personal information. You shall be required to provide express consent to such Platform Service Providers for granting it access to information during various stages of the User’s interaction with the Platform, including but not limited to the following:
10.1.1 name of User, date of birth, gender, nationality, mother and father’s names, marital status and a recent, updated photo;
10.1.2 residential address, phone number, email address and nominee details;
10.1.3 bank account number and IFSC Code of bank branch;
10.1.4 PAN Card, redacted Aadhar number, business related information and other KYC information collected through online or offline means;
10.1.5 employment related details such as occupation, income, employer details, designation; and
10.1.6 information stored on device such as telephonic records, device information, cookies.
10.1.7 The information provided by the User shall be stored and utilized in accordance with the relevant applicable regulations, as may be amended from time to time. The User hereby authorizes each of the Platform Service Provider to use any data provided by the User to any of the Platform Service Providers and on the Platform for provision of the Platform Services as set out above and any other ancillary services such as provision of personalised offers and product recommendations (through Your registered e-mail address or calls or messages to Your registered mobile number or via notifications or recommendations on the Platform).
10.1.8 The User hereby also authorizes the Platform Service Providers’ to disclose such information to any third party that the Platform Service Providers deems necessary and essential for the provision of its Platform Services and any other ancillary services, including in relation to its advertising campaigns.
11.1 You hereby agree that you have no objection in authenticating yourself with either (i) video call-based authentication for the purpose of completing your KYC, or (ii) through clicking a photograph yourself and uploading the same on the application or through any other means as may be required, in relation to opening of your User Account as part of this account opening process. By entering the OTP, you hereby provide your irrevocable consent to the Platform Service Providers’ for completing the required KYC through either video interaction or video call.
11.2 You understand that if You fail to complete the KYC, in person or through video call, within the stipulated time period, as the case may be, or provide erroneous or incorrect information, including uploading of incomplete or unclear video recording or for any other technical reason whatsoever, Your access to Platform Services which may require completion of KYC, will be terminated by the Platform Service Provider.
11.3 You understand that for the purpose of availing any Platform Services, which require KYC to be completed by the User, the relevant Platform Service Provider having access to such information may share the necessary information with other relevant Platform Service Providers or such third parties (to the extent permissible under applicable laws) that are essential for providing such service to the User.
12.1 The relevant Platform Service Provider will obtain the express consent of the User while recording their testimonial or review of the Platform Services provided by the Platform Service Providers ("Testimonial”). The Testimonial will clearly mention the relation between the User and the Platform Service Providers and also include the name and designation of the User, the time period for which they have used the Services provided by the Platform Service Providers and will not be deceptive or misleading in any manner. The User hereby consents to such Testimonial being used by the Platform Service Providers and the Platform, at its sole discretion, for its promotional campaigns and other advertisement activities.
13.1 The Platform Service Providers will provide the User with certain milestone achievements upon the successful completion of specific milestones by the User.
13.2 The User at their sole discretion may choose to share such achievements on other third-party platforms including but not limited to, social media platforms such as Twitter, Facebook, Instagram, and Snapchat. The sharing of such achievements on third party platforms shall constitute a separate and individual transaction between the User and the third party and under no circumstances shall any liability arising out of such transaction be imposed on the Platform Service Providers or the Platform.
14.1 The User will be allowed to set up automated payment instructions which enables them to invest in securities on a recurring basis after fixed time intervals as determined by them (weekly, monthly, or quarterly). Such automated investments may either be made on the basis of a fixed investment amount or a fixed number of shares or units of a particular investment instrument.
15.1 The User understands that the Platform Services provided by the Platform Service Providers is on an ‘as is’ basis. The User shall use the Platform at their own risk. The Platform Service Providers makes no warranty regarding the use of the Platform being bug free, virus free, error free and free of any technical problems. The Platform Service Providers does not warrant that all errors, bugs, or defects shall be corrected.
15.2 The Platform Service Providers do not, under any circumstances, provide any financial, tax, and/or legal advice of any kind. The User understands that the Platform Service Providers are not agents of the User for the services availed through the Platform. The User shall not hold liable, the Platform Service Providers, their directors, employees, agents, associates, partners, or suppliers liable for any trading or investment losses incurred by the User.
15.3 The Platform Service Providers disclaim all warranties, conditions, results, guarantees, and representations with respect to the Platform, whether express or implied, the warranties of merchantability or satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights or arising from the course of performance or of dealing or usage of trade.
15.4 All investments made using the Platform shall be subject to market risks. Please do your due diligence and research before investing and read all related documents carefully. The past performance of an asset is in no way a guarantee of or indicator of future returns.
15.5 Any interactions, communications, dealings or transactions between the User and third-party providers on the Platform regarding the products or schemes provided by the third-party shall constitute a separate and independent transaction between the User and such third-party and under no circumstance shall any liability arising from such transactions be imposed on the Platform Service Providers or the Platform.
16.1 You consent to onboard onto other third-party financial services providers for execution of transactions You may wish to complete while You use the Platform, or for financial transactions. You may want to initiate in the Platform but complete with the third-party financial services provider. The Platform will enable all linked or integrated third-party financial service providers to display their terms and conditions to You before You are onboarded onto such third-party financial services provider. You will need to indicate acceptance of the terms and conditions each third-party financial services provider has set out to accept You as a valid customer that can access their services through a technology integration/linkage with the Platform. Your acceptance of such terms and conditions of such third-party financial services provider linked or integrated with the Platform indicates that You agree to: (i) be onboarded by such third-party financial services provider; (ii) provide required KYC documentation; and (iii) open Your account(s) with such third-party financial services provider. You also explicitly give the Platform Service Providers permission to share necessary personal, private and transaction details and data with such third-party financial services providers, which is necessary for availing their services, whose terms and conditions You accept as part of Your onboarding process. You also acknowledge that any financial transactions carried out in this context are carried out between You and such third-party financial services providers; The Platform Service Providers do not carry out any third party financial transactions and are not liable for any errors or omissions with regard to such transactions. The number and details of these third-party financial services providers can be changed and updated by the Platform Service Providers from time to time. You accept the inclusion of additional or changed linked or integrated financial services providers by accepting updated terms and conditions and allow the Platform Service Providers to provide them required data to onboard You and establish a customer relationship with You, after You accept such updated terms and conditions, which will serve as Your consent for the same. If You need to provide any additional personal data, Platform Service Providers will request the same from You as may be required. Where onboarding has previously been completed with a third party service provider on the Platform, including a bank or broker, and such relevant onboarding details, video interaction or video call, or in person verification has already occurred with such third party service provider on the Platform, including a bank or broker, I authorize the Platform and the Company to confirm the same with the relevant third party service provider on the Platform including any bank or any broker, and I also hereby explicitly consent to sharing of all details as may be required between the relevant third party service provider on the Platform including any bank or any broker, and the Platform and the Company. I also hereby explicitly consent to sharing of all such details received by the Platform or the Company, as may be required, by the Platform or the Company with other third parties as the Platform or the Company may deem necessary to enable my KYC status to be reflected as KYC complete in order to use the Platform.
17.1 The User consents for the Platform Service Providers and the Platform to link any signatures provided as part of the Platform onboarding process, to such User’s registered email address, provided to create such User’s User Account on the Platform, and use the same for the purpose of such User’s digital signature.
18.1 Users can invest in mutual funds schemes/products through the Platform, subject to compliance with applicable laws and terms and conditions as may be prescribed by the Asset Management Companies (“AMC”) from time to time.
18.2 You understand that your personal / KYC details may be shared with AMCs, pursuant to the contractual agreements between the Platform Service Providers and the AMC or as required under applicable laws. You hereby consent for receiving information for Central KYC Registry through SMS/ Email on the registered number/email address provided in this application or already registered with the AMC.
18.3 You understand the information requirements as per the Rules 114F to 114H of the Income Tax Rules, 1962 notified by Central Board of Direct Taxes (CBDT) and hereby confirm that the information provided in relation to this are true, accurate, and complete. You understand that your personal details as provided/available in the records maintained by the Platform Service Providers and/or the AMC will be used for reporting under the Income Tax Rules/Central KYC Registry (as applicable).
18.4 You hereby understand and agree that investing in mutual funds incurs standard taxes under applicable laws for You, such as Long-Term Capital Gains (LTCG) and Short-Term Capital Gains (STCG), and exit load charges on withdrawals as may be charged by the AMCs. You are aware that these charges are imposed by the AMCs, and not the Platform Service Providers.
18.5 You hereby consent and understand that the Platform Service Providers may maintain adequate records of your data, whether in physical or digital form, as applicable in compliance with the applicable laws and SEBI regulations including KYC records as well as correspondences on particular schemes or transaction suitability. Copies of your relevant documents submitted with the Platform Service Providers may be shared with Securities and Exchange Board of India/Association of Mutual Funds India/competent authority/AMCs pursuant to any investigation or other proceeding under applicable law.
18.6 You agree and acknowledge the risks associated with investments in mutual fund schemes, and you agree to peruse the relevant scheme information document (“SID”), statement of additional information (“SAI”) and key information memorandum (“KIM”), as well as the operational requirements of the various scheme and other information relating to the schemes, including performance reports, fact sheets, portfolio disclosures and brochures, displayed on the Platform, prior to making investments in mutual fund schemes.
18.7 The disclosures made in the SID/SAI/KIM relate to general risks of investing through mutual fund schemes as well as scheme specific risks such as (i) returns being subject to market risk including loss of capital on account of market volatility, force majeure events, changes in political and economic environment, default by issuers of securities to mutual funds, bankruptcy or insolvency of issuers and potential segregation of portfolio by AMC in such circumstances; (ii) suspension of redemption facility in case the scheme faces liquidity crisis; (iii) risks associated with subscription to new fund offering of the scheme such as price volatility risk, liquidity risk and delisting risk; and (iv) winding up of schemes on account of illiquid instruments, higher volume of redemption requests from Users or on account of unforeseen market events.
18.8 In the event you revoke the consent to the sharing of the data, the products/services available to you, pursuant to the consent provided earlier, shall no longer be available, and you would be required to initiate closure of such products/services as per the terms and conditions applicable on such Products/ Services.
19.1 The relevant Platform Service Providers generates revenue through commissions paid by various mutual fund houses/AMCs for the promotion and distribution of diverse competing schemes. You acknowledge that while engaging in the financial products and services provided on this platform, the Platform earns revenue as detailed here, viz. between 0.2% and 3.0% of each mutual fund investment made under regular schemes invested through our platform under the relevant ARN, as may be contracted with each AMC individually.
19.2 You hereby understand and acknowledge that the Platform Service Providers (i) will not provide any indicative portfolio or indicative yield or indicative return for any particular scheme or transaction and (ii) abstain from indicating or assuring returns for any particular scheme or transaction.
19.3 You hereby agree and acknowledge that the information provided is limited to the mutual fund products that are being distributed/promoted by the Platform Service Providers and the User may also consider other alternate products, which are not being offered by the Platform Service Providers before making an investment decision.
20.1 An investment order in any mutual fund scheme can be placed either via a lumpsum investment or through a Systematic Investment Plan (SIP). The User will have the required amount in their bank account, meeting the minimum investment condition set by the AMC. Upon placing the order, the investment amount is deducted from the User’s bank account and directly transferred to the AMC for allocation. The order is placed through Fintech Primitives and the payment gateway is facilitated by Billdesk. The User understands that the execution and money movement process is undertaken by the AMC.
20.2 When a withdrawal order is placed, the amount is transferred directly by the AMC to the User’s primary bank account that was used for purchasing the first mutual fund.
20.3 You hereby consent to providing details relating financial status, investment experience and investment objectives as may be sought from time to time by the Platform Service Providers to assess suitability of the mutual fund scheme being marketed on the Platform.
21.1 On Appreciate Platform, Users can access certain financial services through Open Network for Digital Commerce (“ONDC”). The Users can invest or avail financial services through the open, interoperable network established, facilitated, managed, made available and owned by ONDC for enabling digital commerce (“ONDC Network”).
21.2 By utilising or accessing the ONDC Network, the User understands and agrees to be bound by the terms and conditions, and the network policy framed and/or prescribed by ONDC (“Network Policy”) as amended from time to time.
21.3 You understand and agree to comply with all requirements under the Applicable Laws, existing and future, with regard to and in connection with the services or products offered through the ONDC Network.
21.4 To avail the financial services through the ONDC Network, You understand that Platform Service Provider or Platform Integrator may share Your information or data with ONDC and other ONDC network participants as may be required to avail such services. The User agrees that all information submitted is truthful, accurate and lawful. Additionally, You hereby consent to Platform Service Provider, Platform Integrator, and/or ONDC collecting, processing, transmitting, storing, using, disclosing, sharing, dealing, handling or transferring certain personal data relating to You, as may be necessary for availing the financial services through the ONDC Network.
21.5 You understand and agree that ONDC reserves the right to suspend You or APPL from availing a specific product/service domain or all domains on the ONDC Network, as may be determined by ONDC. In the event of such suspension, You understand that the financial services availed through ONDC Network will be temporarily or permanently made unavailable to You.
22.1 If any term, provision, or covenant contained in this Terms of Use, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision or covenant shall be construed in a manner as to permit its enforceability under the applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Terms of Use, shall be deemed to be severed from this Terms of Use and shall remain in full force and effect.
23.1 Upon termination of this Terms of Use, any provision, which by its nature is intended to survive and continue to be effective, including clause 9 (Limitation of Liability) and clause 25 (Governing Law, Jurisdiction and Dispute Resolution) and other representations, warranties, covenants, and terms contained herein that by their nature survive or are required to supplement the above mentioned clauses for making them effective, shall survive the expiry or termination of this Terms of Use.
24.1 Any complaints or concerns with regard to the content on the Platform and/or breach of these terms of use and/or to report any violation of applicable laws will be immediately informed, with all relevant details to the designated customer care/grievance officer as mentioned below via an email intimation to grievances@ppreciate.com
25.1 The Terms and the use of the website are governed by and construed in accordance with the laws of India.
25.1 In the event any dispute or difference arises between the User and Platform Service Providers in connection with the validity, interpretation, termination and implementation or alleged breach of any provision of the Terms of Use or Privacy Policy (“Dispute”), both parties hereto shall endeavour to settle such Dispute within a period of 30 days, amicably with each other and in good faith.
25.2 The User consents for the Platform Service Providers and the Platform to link any signatures provided as part of the Platform onboarding process, to such User’s registered email address, provided to create such User’s User Account on the Platform, and use the same for the purpose of such User’s digital signature.
25.3 Upon failure to amicably settle any Dispute, the User must give written notice to the relevant Platform Service Provider and refer the Dispute to be resolved by arbitration to be conducted by a sole arbitrator, mutually appointed by both parties to settle the Dispute. The arbitration proceedings shall be conducted in accordance with the rules of the Arbitration and Conciliation Act, 1996. If both Parties are unable to mutually agree upon an arbitrator, the Platform Service Provider shall appoint the sole arbitrator. The venue and seat of arbitration shall be Mumbai, India. The arbitration proceedings shall be conducted in English. The arbitral award shall be substantiated in writing.
25.4 The courts in Mumbai, India shall have exclusive jurisdiction over all matters connected with these Terms of Use and Your use of the website.
This page contains the terms and conditions (“Terms of Use”) that apply to any registered user or person (“User/You/Your”) who has access / browses / uses the website... located at www.appreciatewealth.com (“Website”) and Appreciate mobile application available on Apple AppStore and Google Play Store (“App”), (the Website and the App shall be collectively referred to as the “Platform”). The Platform is owned, managed and operated by Appreciate Platform Private Limited (“APPL”) and licensed to Platform Service Providers (as defined below) and Platform Integrators.
These Terms of Use constitute a legal agreement between You, and (i) each of the Platform Service Providers (as defined below) that You may receive any services from, directly or indirectly, and (ii) any Platform Integrators you may access the platform through.
1.1You acknowledge that the Platform allows You to avail the products and services directly from the below specified entities or its group entities (including all present and future Affiliates) and facilitates communication with and/or between them for providing such services, and other related information, in accordance with the Terms of Use:
1.1.1 The following group and Affiliated companies of APPL offer their products and services in relation to equities and securities of Indian companies to You:
AIEPL and AIAPL will collectively be referred to as “Appreciate India Securities Service Providers”.
1.1.2 Appreciate Broking IFSC Private Limited (“ABIPL”), is a broking entity registered with the International Financial Services Centres Authority (“IFSCA”), having license number IFSCA/BD/2022-23/0004 and offers products and services in relation to permitted securities investments;
1.1.3 ABIPL India Ops Private Limited (“ABIPL India Ops”), a subsidiary of ABIPL, holds an EOP license with registration number (CAT-1 EOP -0017). Additionally, ABIPL India Ops offers distribution services and certain technology services, and is a business facilitator working with several financial services companies; and
1.1.4 In addition to APPL managing and operating the Platform, APPL along with Appreciate Credit Technologies Private Limited (“ACTPL”), provide certain technology and other services, and enable provision of services on the Platform.
1.2 You are hereby granted a limited, non-exclusive, non-transferable, royalty free license to use the Platform for availing services (“Platform Service(s)”) from APPL, AIEPL, AIAPL, ABIPL, ABIPL India Ops, ACTPL and their group entities and Affiliates (including all present and future Affiliates) (“Platform Service Provider(s)”).
The term “Affiliate” means with respect to an entity the holding company, subsidiaries and associate companies and shall include any other entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under common control of such entity.
1.3 All the transactions and arrangements in relation to the Platform Services are undertaken on an arm’s length basis by the Platform Service Providers.
1.4 By registering with the Platform, the User agrees to abide by all the terms and conditions, policies, procedures, instructions and guidelines available on the Platform (and updated from time to time) at all points of time.
1.5 The User may receive the Platform Services provided by any Platform Service Provider on the Platform. The User understands that the Terms of Use shall be binding upon such User, till the time the User continues to avail or subscribe to any such Platform Service. It is understood that for availing the Platform Services, the User consents to its data being collected and shared amongst the Platform Service Providers, to the extent permissible under applicable laws.
1.6 In managing and operating the Platform and providing access to the Platform Services, APPL may take services or engage with third party platform integrators (“Platform Integrators”). The Platform Integrators may collect or have access to the User’s data and the Platform Service Providers may share such User’s data with the Platform Integrators, to the extent required to onboard the Users or provide access to the Platform Services.
2.1 The Platform enables the Users to avail products and services from third party service providers. If You use such product/services, You will be governed by the respective third party entity’s terms and conditions for availing the product/service, in addition to this Terms of Use and Privacy Policy (as defined below). No Platform Service Provider shall be responsible or liable for such product/services offered by any third party.
2.2 The Platform may contain links or direct You to various third-party platforms. Any display of third-party goods/services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval by any Platform Service Provider of any such third parties. The User agrees that no Platform Service Provider is in any way responsible for the timeliness, accuracy or completeness of information that they may obtain from these third parties and which may be posted/published on the third-party platforms, and as may be amended from time to time.
2.3 The User understands that the Platform Service Providers may engage with sub-contractor or be providing the Platform Services as a sub-contractor. You hereby give Your consent to each of the Platform Service Provider and any such sub-contractor to share your information or data, collected or received in relation to provision of any services, with each other. You understand that the Platform Service Providers (as applicable) may rely on subcontractors for undertaking KYC, for provision of Platform Services or provision of data necessary for the provision of Platform Services, as the case may be.
3.1 APPL has established a privacy policy available at www.appreciatewealth.com (“Privacy Policy”) that explains to the User how their information is collected and used. The Privacy Policy is referenced below and is hereby incorporated into the Terms of Use set forth herein. Your use of the Platform and Your engagement with each of the Platform Service Providers is also governed by the Privacy Policy. You hereby also acknowledge that any specific product or service availed by You on the Platform may have their own additional or supplemental terms and conditions and unequivocally consent to comply with and abide by such additional or supplemental terms and conditions.
3.2 These Terms of Use, read with the Privacy Policy, shall be treated as an electronic record under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic records under various Indian statutes and is enforceable against You under law by way of Your acceptance hereof. The Platform Service Providers reserves the right to change, modify, amend or update these Terms of Use and any other documents incorporated by reference herein at its sole discretion for complying with the extant legal and regulatory framework and for other legitimate business purposes at any time and the Company will post the amended Terms of Use with or without any notification to You on the Platform. It is Your responsibility to review the Terms of Use for any changes and You are encouraged to check the Terms of Use frequently. Your use of the Platform following any amendment of the Terms of Use will signify Your assent to and acceptance of any revised Terms of Use. Your usage of the Platform and availing of any Platform Services provided by the Platform Service Providers on the Platform, shall be deemed acceptance to these Terms of Use (as may be changed, modified, amended or updated from time to time).
4.1 You must be 18 years of age or older to visit or use the Platform in any manner. By visiting the Platform or accepting these Terms of Use, You represent and warrant to each of the Platform Service Providers that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform Services and agree to and abide by these Terms of Use. You also represent and warrant to the Platform Service Providers that You will use the Platform in a manner consistent with any and all applicable laws and regulations, any requirements for consents, approvals or any other actions by any court, tribunal, administrative or competent authority in addition to these Terms and that Your usage of the Platform or any of the services availed on the Platform will not conflict with, or result in a breach of any agreements, instruments, orders, judgments or decree which You are subject to.
4.2 You represent, acknowledge and agree that: (a) all registration information (including without limitation, contact information and your permanent residential address) that You submit in relation to availing any Platform Services, is truthful, current, complete and accurate, (b) You will ensure that in the event of any change of such information submitted, the change will be informed to the Platform Service Providers or updated on the Platform, at the earliest, and (c) Your use of the Platform and the Platform Services offered do not violate any applicable law or regulation applicable either to You, the Platform or the Platform Service Provider. Your User Account (as defined below) may be terminated without warning if any Platform Service Provider, believes that You are under the age of 18 or that You are not complying with any applicable laws, rules or regulations or these Terms of Use.
5.1 These Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation in the Platform, including advertisements, third party applications and internet links, and all content and Platform Services available through the Platform. These Terms of Use shall also govern the financial transactions of the Users on the Platform.
5.2 In addition to the Terms of Use, which governs Your access and use of the Platform, Your access to, use of, and participation in the Platform is subject to all applicable regulations, guidelines and additional policies that the Platform may set forth from time to time, including without limitation, any product specific policy and any other restrictions or limitations that the Platform Service Providers publish (the “Additional Policies”). You hereby agree to comply with the Additional Policies and Your obligations thereunder at all times. You hereby acknowledge and agree that if there is any erroneous and incorrect information provided by You or You fail to adhere to any of the terms and conditions of these Terms of Use or the documents referenced herein, including any Additional Policies, then any of the Platform Service Providers, in its sole discretion, may terminate Your User Account at any time without prior notice to You as well as initiate appropriate legal proceedings, if necessary.
6.1 You may use the Platform in the manner and on the terms and conditions as set forth in these Terms of Use; provided, however, that (i) You will not copy, distribute, or make derivative works of the Platform in any medium without APPL’s or the relevant Platform Service Providers’ prior written consent; (ii) You will not alter or modify any part of the Platform other than as permitted and as may be reasonably necessary to use the Platform for its intended purposes; and (iii) You will at all times act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
7.1 You need not register with the Platform to simply visit and view the Platform, but to access and avail the Platform Services, You will need to create a password-protected user account (“User Account”). To create a User Account, You must submit Your name, email address and such other details as may be requested through the User Account registration page on the Platform and create a password. You are solely responsible for safeguarding Your password on the Platform and, if applicable, Your password on the third-party sites linked to the Platform (collectively, "Password/s") and You shall keep Your Passwords secure at all times.
7.2 You can, and are advised to, change Your passwords from time to time in order to keep Your User Account and Your interactions secured within the Platform. You shall be solely responsible for all activities that occur on Your User Account and You shall notify APPL or the relevant Platform Service Provider, immediately of any breach of security or any unauthorized use of Your User Account. Similarly, You shall never use another's User Account without APPL’s or the relevant Platform Service Providers’ permission. You agree that You will not misrepresent Yourself or represent Yourself as another User of the Platform and/or the Platform Services offered through the Platform.
7.3 Account Policies: You acknowledge and agree that You shall comply with the following policies ( “Account Policies”):
7.3.1 You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers” etc., to access the Platform, for any purpose, without the Platform Service Providers’ prior written approval.
7.3.2 You shall not in any manual or automated manner collect information, personal or otherwise, of any other User on the Platform including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text or content, or otherwise misuse or misappropriate the Platform’s information or content, including but not limited to, use on a “mirrored”, competitive, or third party website, except with the prior written consent of the Platform Service Providers or through a lawful and valid communication with such other User through any valid communication channel provided on the Platform. You shall not take any action that (i) unreasonably encumbers or, in any of the Platform Service Provider’s view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses a Platform Service Provider’s measures that are used to prevent or restrict access to the Platform.
7.3.3 You shall not frame or hotlink or deep link any contents from the Platform.
7.3.4 You agree to neither collect nor harvest any personally identifiable data, including without limitation, names or other User Account information, from the Platform, nor to use the communication systems provided by the Platform for any use other than as intended under the Platform and in accordance with the Privacy Policy.
7.3.5 You agree that the opening and maintenance of Your account on the Platform will be subject to the rules and regulations prescribed by the RBI, IFSCA, Securities Exchange Board of India (“SEBI”) and any other regulatory authority.
7.3.6 You agree to receive all updates and alerts via in-app notifications/communications, messages or notifications to your registered mobile number and email address. The delivery of such updates and alerts will be done by the Platform Service Providers on a best-effort basis through its official channels.
7.3.7 You understand and agree to pay to the Platform Service Providers such fees as may be applicable from time to time for using the Platform and availing its services. These fees shall be revised on the basis of factors including the prevalent market conditions and such revisions shall be displayed within the ‘price transparency’ section of the Platform. You acknowledge that that the Platform may engage third-party entities to provide the User with information regarding the features and services provided by the Platform, assist the User with their on-boarding process and provide additional enhanced support at the option of the User. You hereby agree that additional fees may be charged (as set out in the ‘price transparency’ section) for availing such enhanced support services from third-party entities.
8.1 In no event will the Platform Service Providers, their directors, employees, agents, associates, partners or suppliers, ONDC or Platform Integrators be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including loss of profit or loss of revenue, even if the Platform Service Providers have been advised of the possibility of such damages. Further, it is hereby clarified that in no event will the Platform Service Providers, their directors, employees, agents, associates, partners, or suppliers, ONDC or the Platform Integrators be held liable for the usage or disclosure of any of the User’s information to any third party, as long as such usage or disclosure is in compliance with the Terms of Use.
8.2 You hereby expressly acknowledge and agree that You (and not the Platform Service Providers) will be liable for Your losses, damages, costs, etc. (whether direct or indirect) caused by an unauthorized use of Your User Account. Notwithstanding the foregoing, You may be liable for the losses of the Platform Service Providers or others due to such unauthorized use and Platform Service Providers will not be responsible for misuse of Your User Account by any third party, whether authorized by You or not. In no event shall the Platform Service Providers be liable to You for any damages for breach of fiduciary duty by third-parties.
8.3 In the event the Platform Service Providers is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Platform, the Platform Service Providers’ liability shall in no event exceed the total value of any service fees connected with Your User Account paid in the 3 (three) months prior to the date of the initial claim made against the Platform Service Provider.
8.4 By agreeing to use the Platform, the User agrees to indemnify and hold the Platform Service Providers, its affiliates, partners, directors, employees, and agents, and the Platform Integrators harmless from any losses or harms that may arise due to: (i) breach by the User of any applicable laws, rules or regulations that may have been applicable to their transactions on the Platform; (ii) breach by the User of any of the clause contained in these Terms of Use, or the terms and conditions prescribed by any third parties whose services are availed by You through the Platform; and (iii) any act, neglect, misconduct or fraud by the User.
9.1 You have read and agree to be bound by the subscriber agreement and the CBOE Global Markets, Inc. Privacy Notice and Policy (located at www.cboe.com/legal/privacy) (“Data Subscriber Agreement”);
9.2 You are not: (i) an agent of CBOE Data Services, LLC; (ii) authorized to add to or delete any terms or provisions from the Data Subscriber Agreement; and/or (iii) authorized to modify any provision of the Data Subscriber Agreement; and
9.3 No provision has been added to or deleted from the Data Subscriber Agreement and no modifications have been made to it. Both the subscriber and the person executing on behalf of the subscriber warrant that the subscriber is legally able to undertake the obligations set forth therein and the signatory is duly authorized to bind the subscriber to the Data Subscriber Agreement.
10.1 In order to ensure that the User can access the various features and use the Platform Services provided by the Platform Service Providers, the User shall be required to mandatorily submit certain personal information to ensure compliance with prevalent ‘Know Your Customer’ (“KYC”) regulations, the Prevention of Money Laundering Act, 2002, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, IFSCA (Anti Money Laundering, Counter Terrorist Financing and Know Your Customer) Guidelines, 2022, Know Your Customer (KYC) Direction, 2016 by the RBI, circulars issued by authorities from time to time on anti-money laundering standards, along with all rules, regulations, guidelines, circulars and any subsequent amendments thereto, with such Platform Service Providers who are authorised under applicable laws to handle such personal information. You shall be required to provide express consent to such Platform Service Providers for granting it access to information during various stages of the User’s interaction with the Platform, including but not limited to the following:
10.1.1 name of User, date of birth, gender, nationality, mother and father’s names, marital status and a recent, updated photo;
10.1.2 residential address, phone number, email address and nominee details;
10.1.3 bank account number and IFSC Code of bank branch;
10.1.4 PAN Card, redacted Aadhar number, business related information and other KYC information collected through online or offline means;
10.1.5 employment related details such as occupation, income, employer details, designation; and
10.1.6 information stored on device such as telephonic records, device information, cookies.
10.1.7 The information provided by the User shall be stored and utilized in accordance with the relevant applicable regulations, as may be amended from time to time. The User hereby authorizes each of the Platform Service Provider to use any data provided by the User to any of the Platform Service Providers and on the Platform for provision of the Platform Services as set out above and any other ancillary services such as provision of personalised offers and product recommendations (through Your registered e-mail address or calls or messages to Your registered mobile number or via notifications or recommendations on the Platform).
10.1.8 The User hereby also authorizes the Platform Service Providers’ to disclose such information to any third party that the Platform Service Providers deems necessary and essential for the provision of its Platform Services and any other ancillary services, including in relation to its advertising campaigns.
11.1 You hereby agree that you have no objection in authenticating yourself with either (i) video call-based authentication for the purpose of completing your KYC, or (ii) through clicking a photograph yourself and uploading the same on the application or through any other means as may be required, in relation to opening of your User Account as part of this account opening process. By entering the OTP, you hereby provide your irrevocable consent to the Platform Service Providers’ for completing the required KYC through either video interaction or video call.
11.2 You understand that if You fail to complete the KYC, in person or through video call, within the stipulated time period, as the case may be, or provide erroneous or incorrect information, including uploading of incomplete or unclear video recording or for any other technical reason whatsoever, Your access to Platform Services which may require completion of KYC, will be terminated by the Platform Service Provider.
11.3 You understand that for the purpose of availing any Platform Services, which require KYC to be completed by the User, the relevant Platform Service Provider having access to such information may share the necessary information with other relevant Platform Service Providers or such third parties (to the extent permissible under applicable laws) that are essential for providing such service to the User.
12.1 The relevant Platform Service Provider will obtain the express consent of the User while recording their testimonial or review of the Platform Services provided by the Platform Service Providers ("Testimonial”). The Testimonial will clearly mention the relation between the User and the Platform Service Providers and also include the name and designation of the User, the time period for which they have used the Services provided by the Platform Service Providers and will not be deceptive or misleading in any manner. The User hereby consents to such Testimonial being used by the Platform Service Providers and the Platform, at its sole discretion, for its promotional campaigns and other advertisement activities.
13.1 The Platform Service Providers will provide the User with certain milestone achievements upon the successful completion of specific milestones by the User.
13.2 The User at their sole discretion may choose to share such achievements on other third-party platforms including but not limited to, social media platforms such as Twitter, Facebook, Instagram, and Snapchat. The sharing of such achievements on third party platforms shall constitute a separate and individual transaction between the User and the third party and under no circumstances shall any liability arising out of such transaction be imposed on the Platform Service Providers or the Platform.
14.1 The User will be allowed to set up automated payment instructions which enables them to invest in securities on a recurring basis after fixed time intervals as determined by them (weekly, monthly, or quarterly). Such automated investments may either be made on the basis of a fixed investment amount or a fixed number of shares or units of a particular investment instrument.
15.1 The User understands that the Platform Services provided by the Platform Service Providers is on an ‘as is’ basis. The User shall use the Platform at their own risk. The Platform Service Providers makes no warranty regarding the use of the Platform being bug free, virus free, error free and free of any technical problems. The Platform Service Providers does not warrant that all errors, bugs, or defects shall be corrected.
15.2 The Platform Service Providers do not, under any circumstances, provide any financial, tax, and/or legal advice of any kind. The User understands that the Platform Service Providers are not agents of the User for the services availed through the Platform. The User shall not hold liable, the Platform Service Providers, their directors, employees, agents, associates, partners, or suppliers liable for any trading or investment losses incurred by the User.
15.3 The Platform Service Providers disclaim all warranties, conditions, results, guarantees, and representations with respect to the Platform, whether express or implied, the warranties of merchantability or satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights or arising from the course of performance or of dealing or usage of trade.
15.4 All investments made using the Platform shall be subject to market risks. Please do your due diligence and research before investing and read all related documents carefully. The past performance of an asset is in no way a guarantee of or indicator of future returns.
15.5 Any interactions, communications, dealings or transactions between the User and third-party providers on the Platform regarding the products or schemes provided by the third-party shall constitute a separate and independent transaction between the User and such third-party and under no circumstance shall any liability arising from such transactions be imposed on the Platform Service Providers or the Platform.
16.1 You consent to onboard onto other third-party financial services providers for execution of transactions You may wish to complete while You use the Platform, or for financial transactions. You may want to initiate in the Platform but complete with the third-party financial services provider. The Platform will enable all linked or integrated third-party financial service providers to display their terms and conditions to You before You are onboarded onto such third-party financial services provider. You will need to indicate acceptance of the terms and conditions each third-party financial services provider has set out to accept You as a valid customer that can access their services through a technology integration/linkage with the Platform. Your acceptance of such terms and conditions of such third-party financial services provider linked or integrated with the Platform indicates that You agree to: (i) be onboarded by such third-party financial services provider; (ii) provide required KYC documentation; and (iii) open Your account(s) with such third-party financial services provider. You also explicitly give the Platform Service Providers permission to share necessary personal, private and transaction details and data with such third-party financial services providers, which is necessary for availing their services, whose terms and conditions You accept as part of Your onboarding process. You also acknowledge that any financial transactions carried out in this context are carried out between You and such third-party financial services providers; The Platform Service Providers do not carry out any third party financial transactions and are not liable for any errors or omissions with regard to such transactions. The number and details of these third-party financial services providers can be changed and updated by the Platform Service Providers from time to time. You accept the inclusion of additional or changed linked or integrated financial services providers by accepting updated terms and conditions and allow the Platform Service Providers to provide them required data to onboard You and establish a customer relationship with You, after You accept such updated terms and conditions, which will serve as Your consent for the same. If You need to provide any additional personal data, Platform Service Providers will request the same from You as may be required. Where onboarding has previously been completed with a third party service provider on the Platform, including a bank or broker, and such relevant onboarding details, video interaction or video call, or in person verification has already occurred with such third party service provider on the Platform, including a bank or broker, I authorize the Platform and the Company to confirm the same with the relevant third party service provider on the Platform including any bank or any broker, and I also hereby explicitly consent to sharing of all details as may be required between the relevant third party service provider on the Platform including any bank or any broker, and the Platform and the Company. I also hereby explicitly consent to sharing of all such details received by the Platform or the Company, as may be required, by the Platform or the Company with other third parties as the Platform or the Company may deem necessary to enable my KYC status to be reflected as KYC complete in order to use the Platform.
17.1 The User consents for the Platform Service Providers and the Platform to link any signatures provided as part of the Platform onboarding process, to such User’s registered email address, provided to create such User’s User Account on the Platform, and use the same for the purpose of such User’s digital signature.
18.1 Users can invest in mutual funds schemes/products through the Platform, subject to compliance with applicable laws and terms and conditions as may be prescribed by the Asset Management Companies (“AMC”) from time to time.
18.2 You understand that your personal / KYC details may be shared with AMCs, pursuant to the contractual agreements between the Platform Service Providers and the AMC or as required under applicable laws. You hereby consent for receiving information for Central KYC Registry through SMS/ Email on the registered number/email address provided in this application or already registered with the AMC.
18.3 You understand the information requirements as per the Rules 114F to 114H of the Income Tax Rules, 1962 notified by Central Board of Direct Taxes (CBDT) and hereby confirm that the information provided in relation to this are true, accurate, and complete. You understand that your personal details as provided/available in the records maintained by the Platform Service Providers and/or the AMC will be used for reporting under the Income Tax Rules/Central KYC Registry (as applicable).
18.4 You hereby understand and agree that investing in mutual funds incurs standard taxes under applicable laws for You, such as Long-Term Capital Gains (LTCG) and Short-Term Capital Gains (STCG), and exit load charges on withdrawals as may be charged by the AMCs. You are aware that these charges are imposed by the AMCs, and not the Platform Service Providers.
18.5 You hereby consent and understand that the Platform Service Providers may maintain adequate records of your data, whether in physical or digital form, as applicable in compliance with the applicable laws and SEBI regulations including KYC records as well as correspondences on particular schemes or transaction suitability. Copies of your relevant documents submitted with the Platform Service Providers may be shared with Securities and Exchange Board of India/Association of Mutual Funds India/competent authority/AMCs pursuant to any investigation or other proceeding under applicable law.
18.6 You agree and acknowledge the risks associated with investments in mutual fund schemes, and you agree to peruse the relevant scheme information document (“SID”), statement of additional information (“SAI”) and key information memorandum (“KIM”), as well as the operational requirements of the various scheme and other information relating to the schemes, including performance reports, fact sheets, portfolio disclosures and brochures, displayed on the Platform, prior to making investments in mutual fund schemes.
18.7 The disclosures made in the SID/SAI/KIM relate to general risks of investing through mutual fund schemes as well as scheme specific risks such as (i) returns being subject to market risk including loss of capital on account of market volatility, force majeure events, changes in political and economic environment, default by issuers of securities to mutual funds, bankruptcy or insolvency of issuers and potential segregation of portfolio by AMC in such circumstances; (ii) suspension of redemption facility in case the scheme faces liquidity crisis; (iii) risks associated with subscription to new fund offering of the scheme such as price volatility risk, liquidity risk and delisting risk; and (iv) winding up of schemes on account of illiquid instruments, higher volume of redemption requests from Users or on account of unforeseen market events.
18.8 In the event you revoke the consent to the sharing of the data, the products/services available to you, pursuant to the consent provided earlier, shall no longer be available, and you would be required to initiate closure of such products/services as per the terms and conditions applicable on such Products/ Services.
19.1 The relevant Platform Service Providers generates revenue through commissions paid by various mutual fund houses/AMCs for the promotion and distribution of diverse competing schemes. You acknowledge that while engaging in the financial products and services provided on this platform, the Platform earns revenue as detailed here, viz. between 0.2% and 3.0% of each mutual fund investment made under regular schemes invested through our platform under the relevant ARN, as may be contracted with each AMC individually.
19.2 You hereby understand and acknowledge that the Platform Service Providers (i) will not provide any indicative portfolio or indicative yield or indicative return for any particular scheme or transaction and (ii) abstain from indicating or assuring returns for any particular scheme or transaction.
19.3 You hereby agree and acknowledge that the information provided is limited to the mutual fund products that are being distributed/promoted by the Platform Service Providers and the User may also consider other alternate products, which are not being offered by the Platform Service Providers before making an investment decision.
20.1 An investment order in any mutual fund scheme can be placed either via a lumpsum investment or through a Systematic Investment Plan (SIP). The User will have the required amount in their bank account, meeting the minimum investment condition set by the AMC. Upon placing the order, the investment amount is deducted from the User’s bank account and directly transferred to the AMC for allocation. The order is placed through Fintech Primitives and the payment gateway is facilitated by Billdesk. The User understands that the execution and money movement process is undertaken by the AMC.
20.2 When a withdrawal order is placed, the amount is transferred directly by the AMC to the User’s primary bank account that was used for purchasing the first mutual fund.
20.3 You hereby consent to providing details relating financial status, investment experience and investment objectives as may be sought from time to time by the Platform Service Providers to assess suitability of the mutual fund scheme being marketed on the Platform.
21.1 On Appreciate Platform, Users can access certain financial services through Open Network for Digital Commerce (“ONDC”). The Users can invest or avail financial services through the open, interoperable network established, facilitated, managed, made available and owned by ONDC for enabling digital commerce (“ONDC Network”).
21.2 By utilising or accessing the ONDC Network, the User understands and agrees to be bound by the terms and conditions, and the network policy framed and/or prescribed by ONDC (“Network Policy”) as amended from time to time.
21.3 You understand and agree to comply with all requirements under the Applicable Laws, existing and future, with regard to and in connection with the services or products offered through the ONDC Network.
21.4 To avail the financial services through the ONDC Network, You understand that Platform Service Provider or Platform Integrator may share Your information or data with ONDC and other ONDC network participants as may be required to avail such services. The User agrees that all information submitted is truthful, accurate and lawful. Additionally, You hereby consent to Platform Service Provider, Platform Integrator, and/or ONDC collecting, processing, transmitting, storing, using, disclosing, sharing, dealing, handling or transferring certain personal data relating to You, as may be necessary for availing the financial services through the ONDC Network.
21.5 You understand and agree that ONDC reserves the right to suspend You or APPL from availing a specific product/service domain or all domains on the ONDC Network, as may be determined by ONDC. In the event of such suspension, You understand that the financial services availed through ONDC Network will be temporarily or permanently made unavailable to You.
22.1 If any term, provision, or covenant contained in this Terms of Use, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision or covenant shall be construed in a manner as to permit its enforceability under the applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Terms of Use, shall be deemed to be severed from this Terms of Use and shall remain in full force and effect.
23.1 Upon termination of this Terms of Use, any provision, which by its nature is intended to survive and continue to be effective, including clause 9 (Limitation of Liability) and clause 25 (Governing Law, Jurisdiction and Dispute Resolution) and other representations, warranties, covenants, and terms contained herein that by their nature survive or are required to supplement the above mentioned clauses for making them effective, shall survive the expiry or termination of this Terms of Use.
24.1 Any complaints or concerns with regard to the content on the Platform and/or breach of these terms of use and/or to report any violation of applicable laws will be immediately informed, with all relevant details to the designated customer care/grievance officer as mentioned below via an email intimation to grievances@ppreciate.com
25.1 The Terms and the use of the website are governed by and construed in accordance with the laws of India.
25.1 In the event any dispute or difference arises between the User and Platform Service Providers in connection with the validity, interpretation, termination and implementation or alleged breach of any provision of the Terms of Use or Privacy Policy (“Dispute”), both parties hereto shall endeavour to settle such Dispute within a period of 30 days, amicably with each other and in good faith.
25.2 The User consents for the Platform Service Providers and the Platform to link any signatures provided as part of the Platform onboarding process, to such User’s registered email address, provided to create such User’s User Account on the Platform, and use the same for the purpose of such User’s digital signature.
25.3 Upon failure to amicably settle any Dispute, the User must give written notice to the relevant Platform Service Provider and refer the Dispute to be resolved by arbitration to be conducted by a sole arbitrator, mutually appointed by both parties to settle the Dispute. The arbitration proceedings shall be conducted in accordance with the rules of the Arbitration and Conciliation Act, 1996. If both Parties are unable to mutually agree upon an arbitrator, the Platform Service Provider shall appoint the sole arbitrator. The venue and seat of arbitration shall be Mumbai, India. The arbitration proceedings shall be conducted in English. The arbitral award shall be substantiated in writing.
25.4 The courts in Mumbai, India shall have exclusive jurisdiction over all matters connected with these Terms of Use and Your use of the website.
