Terms & Conditions for usage of Distributor Initiated Transactions (DIT)
The Distributor acknowledges that by using the facility offered through the Distributor Initiated Transactions (DIT); an online facility for the Distributor through the website of Mirae Asset Global Investments (India) Pvt. Ltd. (AMC), it hereby agrees to abide by the below terms, conditions, rules and operating guidelines-
The Fund, through its empanelled distributors will offer the facility of transacting on-line through Internet for the convenience of its Unitholders and to help the unit holders to place/submit transaction in the Fund, by authorization of link generated for the said purpose (hereinafter referred to as "LINK");
The Distributor has taken necessary authorization /consent from its Investors/Unitholder(s) of the fund and is desirous of availing the services/facilities available through the Website.
For the purposes of this Agreement, Website shall mean www.miraeassetmf.co.in which AMC may announce from time to time. Designated Account / Master Account shall mean the Folio Number allotted to the Unitholder and hereinafter referred to as “Folio Number”. AMC reserves the right to change, amend or modify the fund's website as may be intimated from time to time.
Usage of, or subscription to, the said “LINK” Facility shall be in addition to, and not in substitution of, the existing procedure for conducting the transactions, the services of which are available through the Online Transactions as well.
The Fund shall not be responsible for any errors that may be committed by the Distributor for its Investors/Unitholder of the fund in the process of conducting any Online “LINK” or for any error or failure of the transaction over internet due to any network / technical problems.
The Distributor understands and agrees that the NAV applicability for all purchase transactions which are equal to greater than 2 lacs, the NAV applicability will be based on the credit time of the funds received to the scheme collection account and not the time at which the Unitholders bank account was debited. Further, the AMC shall not be responsible for any loss of whatsoever nature, if the User encounters any technical snag due to slowness on the internet, expiry of the sessions OR due to other technical reasons either on the banks end or the website be it downtime, maintenance or declines.
Further, the Distributor also understands that if the bank account has been debited and the transaction has not been received at the AMC end, it will not be considered as a valid transaction and the funds so received may be credited back to the bank account or shall be considered for such delayed receipt of the application.
The Distributor agrees that pursuant to this Agreement of availing of the “LINK” facility, the Fund/its service provider will record the required transaction processing in the Unitholder's Folio, subject to standard validations as per normal procedure and as per the prevalent norms prescribed by the Fund /AMC or any regulatory authority. The User understands that the same will be entirely at the risk of the Unitholder itself.
The Distributor agrees that it shall be the sole responsibility of the Distributor to ensure adequate protection, confidentiality and secrecy of the transaction and any disclosure thereof to any other person shall be entirely at the Distributor’s risk. AMC in such cases will not accept any kind of responsibility or liability for any loss, damage or harm.
The Distributor also understands that AMC reserves the right to change the “LINK” issuance process. Further, the Distributor acknowledges that this being an online facility, relevant portions of the guidelines/necessary agreements of Online transactions will suo-motto apply for usage of / accessing the DIT site as well.
AMC will take best efforts to keep the Website updated on a daily basis, so as to provide most current information to Distributor’s. The Distributor also agrees that the look and feel of the web screen and outputs there from may differ based on the nature of the browser/software used by the Distributor to browse the Website.
AMC agrees to take best efforts to protect security of the data placed on the Internet and has for this purpose, required the service provider to sign a confidentiality agreement specifying confidentiality of the data and to restrict external access to the database on the Internet.
AMC or the service provider shall have the absolute discretion to amend or supplement any of the terms at any time and will endeavor to give prior notice on the website / through email for such changes wherever feasible.
The Fund / its service provider may, in its absolute discretion decide not to carry out any such transaction where the service provider or the Fund has reason to believe that the instructions are not genuine, are unclear, are such as to raise a doubt, are otherwise improper or there is ground to believe that the same is in contravention of any statute/laws in India and cannot be put into effect.
I/We have also ensured/acknowledged that:
1. The investors have read the Key Information Memorandum (KIM) and the terms of the Scheme Information Document (SID) and Statement of Additional Information (SAI) of the Schemes carefully before investing / filing the application form.
2. The investors are aware of the prevailing Load Structure before making application for investments.
3. The investors/applicants have read, understood and accepted the terms, subject to which the offers are being made and that they are aware that they bind themselves to the terms upon executing the transaction.
4. NRI/FII investors must be provide overseas address (mandatory)
5. In case of minor investor, name of the guardian must be mentioned if the investments are being made on behalf of a minor. Guardian of the minor must be either a natural guardian or a Court appointed guardian. Date of birth is mandatory for minors and has to be supported with Age proof.
6. For FATCA and CRS compliance the AMC may seek additional personal, tax and beneﬁcial owner information and certain certiﬁcations and documentation from all the account holders and will report to tax authorities / appointed agencies/ institutions such as withholding agents. Any change in any information provided shall be intimated to AMC promptly, i.e., within 30 days.
7. Investor will be informed that Aadhaar has become mandatory for investment in MF Industry effective 1st June'2017 and Aadhaar / proof of Aadhaar enrolment will be collected and authenticated for all individuals irrespective of mode of holding. In case if Aadhaar number has not been assigned to the investor, the proof of application for enrolment of Aadhaar shall be furnished and in case the PAN is not submitted, one certified copy of an officially valid document shall be submitted. If such individual investor is not eligible to be enrolled for Aadhaar number, he / she shall submit to the Reporting entity, PAN or Form no. 60. If the Investor does not submit the PAN, he/she shall submit one certified copy of officially valid document containing details of identity, address and a Photograph. If the investor fails to submit the Aadhaar number and PAN by 31st Dec 2017, his account shall cease to be operational till the time Aadhaar number and PAN is submitted by the Investor. Folios / Accounts where Aadhaar is not seeded by December 31, 2017, they shall be made inoperative. Once an account is made inoperative, transactions will be restricted. Investors may also be informed that if the Name given for transaction does not match the name as appearing on the PAN Card/Aadhaar card, , application may be liable to get rejected or further transactions may be liable to get rejected'.
8. Every employee/relationship manager/sales person of the distributor/broker (interacting with the investor for the sale of Mutual Fund products) of mutual fund products will quote the EUIN (for non-advisory transactions ('execution only') & advisory transactions) obtained from AMFI in the CAF.
9. (i) New individual investors who have never done KYC under KRA (KYC Registration Agency) regime and whose KYC is not registered or verified in the KRA system will be required to fill the new CKYC form while investing with the Fund.
(ii) In case the investor's PAN is not updated in CKYC system, a self-certified copy of PAN Card shall be mandatory. Further, the AMC/ Mutual Fund shall use the KIN of the investors to download the KYC information from CKYC and update its records as and when required. There is no impact on the Existing Investors who have done the SEBI KYC (KYC thru 5 KRAs, CVL, NDML, DOTEX, KARVY & CAMS). They can continue to invest as it is in any schemes of any Mutual Fund; Existing Investors who wishes to onboard themselves on the CKYC platform will need to again do the entire KYC process just like New Investor and get the KIN which can be used across.
10. In case of non-compliance of any C-KYC requirements, Applications shall liable to be rejected without any intimation to the applicants. Any Change in Address for all KYC compliant Investors has to be routed through KRA and that direct application to AMC will be not processed/rejected.
11. The AMC will not be liable to the investor if the transaction is processed by the distributor but payment is not made by the investor.
12. It shall be the sole responsibility of the distributor to ensure that the investor makes payments in a timely manner for applicable NAV.
13. If the application is filled by the Distributor but the payment transaction has not been effected by the customer within the cut-off time, the investor will be allotted the applicable days NAV.
14. If any switch transaction is being effected by the distributor, then the same has to be validated by the investor without which the same shall not get effected.
15. In no case, the Sponsors/AMC/Trustee Co./Directors of Sponsors, AMC and Trustee Co./employees/its appointed service providers shall be held liable if the transaction does not get processed due to non-fulfilment of all the conditions and criteria’s as specified by the AMC.
16. In case the investor files any suit/initiates legal action against the AMC for losses incurred by him due to the negligence on part of the Distributor in effecting the transaction, the Distributor shall be liable to indemnify the AMC of the the compensation/damages which it shall have to pay to the investor.
17. The Distributor shall be liable to the AMC in case he commits any fraud or non-authorized transaction by the investor and shall be liable to all the legal actions which the AMC has at its discretion and remedy.
18. It shall be the responsibility of the Distributor to ensure that he himself/his/her employees adhere to the AMFI Code of Conduct for Distributors and complies with all the rules/regulations/guidelines as specified by AMFI or any other self-regulated organization of distributors which they may be subject to in future.
19. The Distributor ensures that the investor complies with all the requirements as specified by SEBI/AMFI from time to time.
20. The Distributor ensures that the investor is updated about all the latest addendums/notice issued by the AMC and any other regulatory changes issued by SEBI, from time to time.
21. The Distributor shall adhere to the current stance of the AMC on seeking investments from US person and Canada residents. The Distributor shall not solicit investments from US persons and residents of Canada.