Professional Documents
Culture Documents
9. Power of WIFS I/We hereby authorize WIFS to exercise the following powers on my/our behalf at such manner as it may in its discretion think fit for the purpose of performing its powers, duties and responsible set out hereunder. i. To do or omit to do all such and things as WIFS may in its discretion consider to be necessary or desirable in order to perform its duties hereunder or to comply with any laws, orders, rules, regulations or directions of any Government or regulatory or other authorities ii. Appoint on my/our behalf any agent/ nominees/sub-custodian or any other person doing any acts or deeds hereunder including the keeping of Debentures in safe custody iii. Generally to employ agents/attorneys, brokers dealers and managers on/my our behalf.
10. ELECTRONIC Payment Gateway I/we understand that funds transfer for purchase of units of mutual funds will be done by using an electronic payment gateway facility for net banking offered through Tech Process Solutions Private Limited. I/we agree not to use or permit the use of the Payment Instruction Services or any related services for any illegal or improper purposes. Whilst utilizing the Payment Instruction Services for making any payments for any services obtained whether on-line or otherwise, I/we shall ensure that. I/we hereby acknowledge that availing the Payment Instruction Service at my/our risk. These risks would include but not be limited to the following risks: (a) Misuse of Password: I/we acknowledge that if any third person obtains access to their password of the Client, such third person would be able to provide Payment Instructions to the Member. I/we shall ensure that the terms and conditions applicable to the use of the password as contained in the Electronic Payment Gateway for Net Banking Terms and Conditions are complied with at all times. (b) Internet Frauds: The Internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect Payment Instructions to the Member. Whilst WIFS shall aim to provide security to prevent the same, there cannot be any guarantee from such Internet frauds, hacking and other actions, which could affect Payment Instructions to the Member. I/we shall separately evolve/ evaluate all risks arising out of the same. (c) Mistakes and Errors: The filling in of applicable data for transfer would require proper, accurate and complete details. In the event of my Account receiving an incorrect credit by reason of a mistake committed by some other person, WIFS or the bank shall be entitled to reverse the incorrect credit at any time whatsoever without the consent of the Client. I/we shall be liable and responsible to WIFS and accede to accept instructions without questions for any unfair or unjust gain obtained by me/us as a result of the same. (d) Technology Risks: The technology for enabling the transfer of funds and the other services offered by could be affected by virus or other malicious, destructive or corrupting code, program me or macro. It may also be possible that the site of WIFS or the bank may require maintenance and during such time it may not be possible to process the request of the clients. This could result in delays in the processing of instructions or failure in the processing of instructions and other such failures and inability. I/we understand that WIFS disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by WIFS to honor any client instruction for whatsoever reason. I/we understand and accept that WIFS shall not be responsible for any of the aforesaid risks. I/we also accept that WIFS shall disclaim all liability in respect of the said. (e) Limits: I/we are aware that WIFS may from time to time impose maximum and minimum limits funds that may be transferred by virtue of the payment transfer service given to it/him/her hereunder. I/we realize and accepts and agrees that the same is to reduce the risks on us. For instance, the Member may impose transaction restrictions within particular periods or amount restrictions within a particular period or even each transaction limits. I/we shall be bound by such limits imposed and shall strictly comply with them. (f) Indemnity: I/we indemnify WIFS from and against all losses and damages that may be caused as a consequence of breach of any of the Electronic Payment Gateway for Net banking Term and Conditions and the terms and conditions mentioned herein above. (g) Withdrawal of Facility: WIFS shall be entitled to withdraw this service at any time whatsoever. (h) Charges: I/we hereby agree to bear the charges as may be stipulated by WIFS from time to time for availing of these services. (i) Binding nature of above terms and conditions: I/we agree that by use of this facility, I/we shall deemed to have agreed to all the above terms and conditions and such terms and conditions shall be bound on it/him/her in the same manner as if it/he/she has agreed to the same in writing. 11. Role of WIFS I/We expressly agree and acknowledge that any information contained in WIFS Brochures or other materials or otherwise communicated by WIFS shall not be constructed by me/us as investment and that all decisions to purchase or sell units/securities made by me/us shall be on the basis of my/our own personal judgment arrived at after due consideration. I/We understand and agree that WIFS does not in any manner: i. Provide any Buy/sell or other recommendations; or ii . Guarantee payments on any units; or iii. Guarantee of liquidity of any units; or iv. Make any offer to buy back any units; or v. Guarantee the redemption or repayment of any units on maturity; or vi. Guarantee the payments of interest or dividend; or vii. Promise, indicate or guarantee any returns; or viii. Guarantee any good delivery. If notwithstanding anything stated herein WIFS or any employee of WIFS gives any advice or representation to me/ us, WIFS shall have no liability for any such advice or representation made, as it will be my/our responsibility to make an independent assessments. I/We understand that any sum invested through WIFS Investment Services Account is not a deposit with WIFS and is not bank insured. The same is not endorsed or guaranteed and does not constitute obligations of WIFS or any of the subsidiaries associates or affiliates companies whose role in only as described in these terms and conditions. The securities purchased are subject to investment risk, including the possible loss of principal amount invested. The value of my units/securities will fluctuate. If I/We redeem my units/shares, I/We may receive more or less than I/We paid depending upon market value o the securities in the fund or trust at the time of redemption. Past results are not a guarantee to future performance. Yield or performance fluctuates and reflects past results. Yield or funds past performance should not be considered as an indication or guarantee of future yields or results. 12. Correspondence Any notice or other correspondence addressed by WIFS to me/us may be addressed to the first holder above at the address given by me/us above or to such address as WIFS may be aware. If according to me/us there is any discrepancy in the particular or details of my transaction or account of statement then I/We shall be obliged to intimate the same to WIFS in writing in 10 days o the first holder receiving notice thereof, falling which such transaction, statement or account (as the case may be) shall be deemed to be correct and accepted by me/us and I/We shall not be entitled to question the correctness or accuracy thereof. 13. Authority to WIFS I/We authorized WIFS to do, perform or execute upon my/our express instruction and at my/our risk and cost, all or any of the following acts, deeds matters and things: 1. 2. 3. 4. 5. 6. 7. 8. 9. To subscribe to the units of the mutual fund & securities on my/our behalf and to pay to the units/securities so purchased, on my/our instructions. To receive the account statement pertaining to the above units/securities and to acknowledge receipt of the same. To redeem /sell the units/ securities held by me/us (whether solely or jointly with others) and to receive the payment of the redemption/sale price and acknowledge receipt o the same, based on my/our instructions. To sign all such writings and do all such acts as may be requires for redeeming any units/securities. To collect, receive and give good effectual receipts and discharges for any sum including divided, interest or income arising from the units/securities and to sign and endorse dividend and interest warrants. To collect and deposit monies in an account in my/our name with WIFS and to do make such debits in the said account as may be necessary. To give instruction and orders to brokers and agents including instruction and orders of sale, purchase, transfer, splitting and consolidation of securities and to pay remuneration, brokerage, commissions and other sums brokers and agents. To correspond with and give notice to the mutual fund and corresponding asset management company on my/our behalf. To instruct the mutual fund and/or the corresponding assets management company to make note of instructions with regards to nomination / changes in investments plan/any other changes.
14. Holding pattern and Customer details The holding pattern of the customer would be based on WIFS account holding pattern. Also there would be no changes allowed in the holding pattern once the ISA account is activated even if there is a changes in the holding pattern in WIFS account The other requisites data (which is not part of the form) required to be reported to AMC / RTA will be extracted from WIFS account details maintained for the First holder. The mode of holding in all customer joint accounts is treated as Anyone or Survivor. 15. Termination WIFS or myself/ourselves may terminate the aforesaid services by giving 30 days prior notice in writing to the other party provided that I/we shall not be relived of my/our obligations hereunder notwithstanding such termination incurred prior to the date on which such termination shall become effective. 16. Governing Law and Jurisdiction Clause All disputes and differences arising out of, under or in connection with these terms and conditions or anything done hereunder shall be within the exclusive jurisdiction only to the courts of Chennai. Further these terms and conditions are subject to and shall be construed in accordance with the laws prevalent in India
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