Terms of use

As used herein, the terms "you" and "user" (User/Users refers to an Individual / Joint holder / Partnership Firm / Body Corporate / LLP / HUF / Trust / any organization / account holder at EWPL) shall mean any visitor to the website or receiver of information directly from Equirus Wealth Private Limited (“EWPL”) or any customer opening account at https://invest.equiruswealth.com/signup or transacting at https://invest.equiruswealth.com/login . ‘Information provided’ refers to the information provided on this website or via any other communication sent to you directly from EWPL.

By accessing the information provided, you agree to be bound by the terms and conditions below. These terms and conditions are subject to change without notice, from time to time at our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this website. If you do not agree with these terms and conditions, please do not use the information provided to you.

You are strictly prohibited from unauthorized use of the information provided, including but not limited to unauthorized entry into our systems, misuse of passwords, misuse of any information posted to this website, unauthorized distribution, reproduction, retrieval or transmission in any form or by any means, without prior written permission from EWPL.

The works of authorship contained in the information provided, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by EWPL. Except as otherwise expressly stated herein, they may not be copied, transmitted, retrieved or reproduced (for compensation or otherwise), licensed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner's prior written consent, except to the extent permitted by law. Except for any third-party data, you may use the information provided for your personal use, so long as you do not remove any copyright or other notice as may be contained in information.

Use of this website & the Information provided may be monitored, tracked and recorded. Anyone using the information provided, expressly consents to such monitoring, tracking and recording. You are responsible for being familiar with the current version of these Terms and Conditions posted on the website during your access to and use of the information provided.

GOVERNING LAW

The Terms of Use is governed by Indian Laws. Any dispute arising with respect to this Terms of Use shall be subject to exclusive jurisdiction of Court(s) at Mumbai.

Terms and Conditions for Investment Account Opening with EWPL:

The user/s while accessing the website and / or registering as user (the user and / or registered user collectively referred to as “User”) on the website and agreeing to the Terms and Conditions stated herein:

  1. The User hereby declare that the details furnished through this website / application are true and correct to the best of his/her knowledge and belief and undertake to inform the company about any changes therein, immediately. In case any of the information provided is found to be false or untrue or misleading or misrepresenting, user is aware that he may be held liable for it.
  2. Investment products purchased are subject to investment risks, including the possible loss of principal amount invested. Past results are not a guarantee of future performance; yield or performance fluctuates and may not be a reflection of past results.
  3. EWPL distributes third party Investment Products and refers clients for some products / services (“Referral Products”) to third parties. All transactions undertaken by EWPL will be at the express instructions of the customer and strictly on a non-discretionary and on a non-risk participation basis.
  4. EWPL is authorized to obtain any documents / specimen signature / information provided by user to any of the Know Your Customer Registration Agency (KRA) for the purpose of opening the Investment Account. EWPL can obtain such documents directly from any of the KRAs to whom the documents have been provided by user and no further authorization to the KRA from user is required. The specimen signatures will be used for validating signatures in case of any physical transactions done by user. No physical application is being given by user for fresh purchases through this facility and the above documents obtained from KRAs can be used for the purpose of opening the account with any of the participating AMC. EWPL is authorized to take further steps as it may deem necessary for opening the account, if the information found in the KRA records is inadequate.
  5. EWPL shall on a best effort basis endeavour to execute investment transactions. All instructions shall only be processed subject to transfer of funds to cover the purchase price and to cover any fees and charges which may be payable in connection with such transactions and subject to complete / accurate documentation being provided by the customer.
  6. In the absence of any gross negligence, bad faith or wilful misconduct attributable to EWPL, as long as EWPL acts in compliance with such authorisation / instruction, EWPL shall held free and harmless from and against any and all responsibility for, any and all costs, claims, losses or liabilities of any nature (direct or indirect) resulting from any act of omission (or any delay) in response to instructions to EWPL to purchase, sell or otherwise dispose of units/securities, together with any and all attendant costs and expenses including EWPL(s) reasonable legal fees and expenses, collectively referred to as "losses".
  7. EWPL shall not be liable for any failure to perform its obligations, to the extent that such performance has been delayed, hindered or prevented by systems failures, network errors, delay or loss of data due to the above and in circumstances of acts of God, floods, epidemics, quarantine, riot or civil commotion and war.
  8. With respect to referral products, EWPL shall act only as an introducer & will not be responsible for any reason whatsoever and the customer shall directly engage with the third-party in this regard post the introduction.
  9. EWPL as a ARN holder has disclosed to the user all the commission (in the form of trail commission or any other mode), payable to him for the different competing schemes of various Mutual Fund from amongst which the scheme is being recommended to user.
  10. User confirms that details provided by him are true and correct. User has invested or desirous to invest in the Scheme(s) Mutual Fund under Direct Plan (in some cases) and agree to comply with the terms and conditions of the Scheme related documents. User hereby gives consent to share/provide the transactions data feed / portfolio holdings / NAV etc. in respect of his investments under Direct Plan of all Schemes managed by AMC / Mutual Fund, to EWPL which has SEBI RIA license no INA000011431.
  11. User confirms that he has entered into a Financial Services Execution Agreement with EWPL. In view of the foregoing, user hereby authorizes and consents Asset Management Company (“AMC”) / Mutual Fund (“MF”) to execute the transaction pertaining to direct investment routed through online service platform of EWPL and to share, disclose or transfer his personal data and information including the details of his investments and transactions in the Schemes of Mutual Fund to EWPL. This information may be disseminated by the AMC / MF to EWPL and the same shall be solely used by EWPL for the purpose of collating user portfolio details under the said Financial Services Execution Agreement. User hereby indemnify, defend and hold harmless the AMC / MF against any regulatory action, damage or liability that they may suffer, incur or become subject to in connection therewith or arising from sharing, disclosing and transferring of the aforesaid information.
  12. In line with regulation under Prevention of Money Laundering Act, 2002 (PMLA), user hereby confirms that the funds for this purchase are being debited from his bank account. User is authorized to undertake this transaction. User confirms that payment as and when made through EWPL’s application, will be done through his bank account number which is/will be registered in the folio confirm that the monies invested in the scheme legally belongs to user and no third-party account is used for such payments. In case of any non-compliance, user authorize EWPL to refund the said amount to the account where it is debited, and user will be liable for any consequences arising thereof.
  13. For NEFT/RTGS mode of payment EWPL shall not be responsible in case of any transfer of funds into a wrong account by the investor. Allotment of units is subject to realization of amount into the designated ICCL Accounts.
  14. EWPL, its directors or employees [collectively referred as EWPL and its associates] shall not be responsible for any liability in respect of any person / entity directly or indirectly suffering any direct, indirect, incidental, special or consequential losses, damages or claims of whatsoever nature as a result of the use / delivery / performance or non-processing of the transaction or the inability to use / deliver / perform the online application service or resulting from interruption, suspension or termination of online application service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent or any shortcoming, defect or inaccuracy inadvertently crept in this website or otherwise availing the internet facilities offered by EWPL or the information available on EWPL website in any manner. Information or data available on the website may contain inaccuracy or errors and EWPL and its associates disclaims all liability in that regard. EWPL and its associates does not represent or warranty that the site will at all times be free of any error or defect or that such information will satisfy any intended purpose or requirements of the applicant. EWPL strongly recommends that any information that is accessed from the site be diligently cross checked with other sources that the applicant may consider appropriate in the circumstances. Despite all possible security measures that EWPL takes to keep EWPL website free from hacking and other interference including those caused by Cyber Crimes, Virus other Corrupting codes, EWPL website like any other site is not free from such risks, EWPL and its associates disclaim all liabilities on account of any loss or damage that the applicant may suffer or incur on account of any alteration or manipulation of any data or information accessed or downloaded from or services availed through this web site.
  15. User acknowledge that EWPL has entered into an agreement with the AMC / MF for accepting transaction feeds under the code of INA000011431. User further acknowledge and agree that in the event such agreement between EWPL and the AMC / MF was to be terminated due to any reasons, user shall submit transactions in the schemes of the MF directly to the AMC / MF through other modes of transactions permitted by the AMC / MF.
  16. All transactions so proposed to be concluded by the customer are subject to the local regulatory norms and / or EWPL's internal policy requirements. EWPL shall be within its rights to refuse / reject any transactions which do not confirm to the same.
  17. It is the duty of the customer to acknowledge all relevant disclosures and ensure to have fully read and understood the detailed terms and conditions of relevant offer documents prior to investing.
  18. Investment transactions are not allowed for Residents of Canada and US Person(s). For all accounts held by Non-Residents/ Non-Resident Indian (s)/ Person of Indian Origin, EWPL reserves the right to block transactions through EWPL’s platform in order to ensure compliance with applicable laws of the customers' country of residence. The customer at all times should keep EWPL informed for any change in his / her country of residence. The customer is responsible to keep himself / herself updated of any local legal and / or regulatory requirements with regards to conducting investment transactions as applicable to his / her country of residence.
  19. EWPL does not furnish any guaranties, warranties or representations, express or implied, on products offered through the platform. EWPL accepts no liability for any damages or losses however caused, in connection with investments made through the platform. Terms and Conditions of the website shall be applicable at all times and may be modified without any prior notice to the client and the client's continued usage of the services shall be deemed to be an acceptance of the modified terms.
  20. EWPL does not offer any tax and / legal advice and user is advised to independently seek tax and / or legal before undertaking any transaction through the website / application of the company.
  21. In case of any grievance, user can lodge direct complain to EWPL at grievance@equiruswealth.com or through SEBI Complaints Redress System (SCORES) at http://scores.gov.in.
  22. Any dispute arising out of or in connection with the Terms and Conditions or Privacy Policy shall be subject to the exclusive jurisdiction of the courts and tribunals in Mumbai. The Terms and Conditions shall be construed in accordance with the applicable laws in India.
  23. User accepts and agrees to have read and understood the EWPL's privacy policy as available on www.equiruswealth.com and further acknowledges and accepts that the above privacy policy may be amended by EWPL from time to time at its sole discretion and shall be made available on the above mentioned website for view of the customer.

RISK PROFILING

  1. Since risk assessment and determination of investment profile depends upon the responses submitted by the user, the user shall and is required to submit accurate, correct and complete information. The user understands and agrees that any submission which falls short of being accurate, correct and complete may adversely affect the risk assessment and determination of investment profile by the Equirus Wealth Private Limited (“EWPL”). Further, the risk assessment of a user is solely for the internal purposes of the company and such assessment does not guarantee or assure or represent gains / profits to be earned by the user by adhering to investment advice based on such assessment.
  2. The investment options suggested by EWPL are largely based on the information and details submitted by the user and represent only one of the few combinations based on such information and details and risk profile of the user. Any such investment advice extended by EWPL does not and shall not, at any time, guarantee any returns or profits or dividend or bonus or any gains of any nature whatsoever.
  3. The user shall not solely rely on the views, representations (whether written or oral or otherwise), recommendations, opinions, reports, analysis, information or other statement available on the website / application of EWPL or made available by any of its agents, directors, officers or employees.
  4. The users shall make their own independent assessment and any investments made or transactions undertaken by the user shall be deemed, under all circumstances, to be based on the user’s own judgment. EWPL does not offer any tax / legal / financial advice and the users are advised to independently seek tax / legal / financial advice before undertaking any transaction through the website / application of EWPL.
  5. Any transaction undertaken by the user through the website / application shall be at the sole discretion and risk of the user. EWPL shall not be liable for any profits earned or losses sustained of any nature whatsoever.

Most Important Terms and Conditions for Voice/Email based Investment Transactions

The user(s) while accessing the website and / or registering as user (the user and / or registered user collectively referred to as “User”) on the website and agreeing to the Terms and Conditions for Voice/ Email based investment transactions herein:

  1. Agreeing to the Terms & Conditions irrevocably authorizes EWPL to record, accept and execute telephone and email instructions in respect of any investment transactions pertaining to the investment account.
  2. EWPL shall not be responsible for the verification / identification / due diligence as to the authority or identify of the person purporting to give telephonic / email instructions from the registered email id / telephone number(s).
  3. EWPL will accept and process telephone / email instructions during normal working hours on Business days. EWPL will process the instructions received before the cut-off and these cut-offs may be different for transactions concluded over the phone / email which may impact the NAV applicable for such transactions. EWPL reserves the right to change these cut-offs without prior intimation. All purchase instructions shall be processed only if the ICCL account is funded.
  4. In order to safeguard the customer interest, EWPL reserves the right to reject any telephone / email instructions that EWPL may in its sole discretion opine / believe is / are unclear or conflicting or where EWPL suspects illegality / forgery / breach of law / regulation(s).
  5. The user / authorized signatory confirms that he / they has / have read the Scheme Information Document / Key Information Memorandum / Statement of Additional Information (including Instructions / addenda issued from time to time) of the applicable scheme(s) for which he / they is / are applying for the units of the specified scheme(s) of the participating Mutual Fund(s) vide this application, understood the contents of the same and hereby agree to abide by the terms, conditions, rules and regulations of the scheme and other statutory requirements of SEBI, AMFI, Prevention of Money Laundering Act, 2002 and such other regulations as may be applicable from time to time.
  6. EWPL shall not be liable for any act of omission or commission of any party involved in the transaction.
  7. In the event of an account with single signatory, EWPL shall process the transaction on the basis of telephonic / email instruction(s) so provided by the single account holder and / or authorized signatory in the case of non¬-individual accounts. In the event of joint account, parties to joint account confirms that my / our’s is a Joint account with Either or Survivor mandate or maintained under-signed jointly rule, EWPL is authorized to act on the instructions from any one of me / us and / or my / our authorized signatories.
  8. EWPL is authorized but not obliged to honour / act upon any telephonic / email instructions so provided by user and / or their authorized signatories from time to time and all instructions pertaining to their EWPL Investment Account so provided to EWPL from the registered number(s) / email shall at all times be valid, effective and binding without any further enquiry (including but not limited to the purpose of the transactions) / verifications / due diligence as to the authority or identity of the person purporting to give such instruction, regardless of prevailing circumstances or the nature of the transaction and notwithstanding any error, omission, misunderstanding, fraud, forgery or lack of clarity in the terms of such instruction.
  9. EWPL may at its sole discretion seek further confirmation or any instruction contacting user or their authorized signatories (as the case may be) at the registered telephone number(s) / email id.
  10. It shall at all times be user’s obligation and responsibility to intimate EWPL of any change in telephone numbers / email id and / or authorized signatories.
  11. User agrees to assist EWPL in any effort it may make to verify the authenticity of any communication purporting to be from user or the authorized signatories (as the case may) to operate the account.
  12. User hereby jointly and severally and irrevocably agree to indemnify and save and hold harmless EWPL from and against any and all responsibility for, any and all costs, claims, financial losses or liabilities of any nature (direct or indirect) resulting from any act of omission or any delay in response to instructions so provided by user and/or their authorized signatories to EWPL, together with any and all attendant costs and expenses including the EWPL(s) reasonable legal fees and expenses, collectively referred to as "losses". (save and except in cases of any gross negligence, bad faith or wilful misconduct directly attributable to EWPL).
  13. User also acknowledges that the security and control procedures provided by EWPL are designed to verify the source of communication and not to detect any error and / or omission in transmission or content including discrepancies between names and account numbers and that EWPL may execute an instruction by reference to account number only even if the name on the account is also provided.
  14. User understand that the EWPL account Terms and Conditions may be amended, supplemented and / or varied from time to time, and shall to the extent not inconsistent with this document, be incorporated in and apply to this telephone / email authorization. This authorization shall take effect from the date hereof and remain binding until revoked by user in writing and received by EWPL.
  15. User understands that EWPL may at its discretion without having to state the grounds for such refusal refuse to act upon any telephone / email instruction or such part thereof as EWPL thinks appropriate including any telephone / email instruction which are unclear or conflicting and where EWPL suspects illegality/fraud/forgery/breach of law/regulation(s).
  16. User consent to EWPL recording all telephone calls / conversations / email between user or authorized signatory and EWPL, whether such telephone calls / emails relate to or are in connection with telephone instruction(s) / email received and / or any call-backs made by EWPL by writing, audio recording devices or otherwise, and any such records of EWPL are conclusive and binding evidence against me of the fact and content of the calls.
  17. Any request for updation of a new mobile number or email id in our records, at a later stage, will be accepted either basis a physically signed confirmation or request coming from the current registered email id. However, all terms & conditions, as mentioned above, will continue to remain applicable for the new mobile number or email id.