General Terms & Conditions
Incred Wealth and Investment Services Private Limited (herein after referred to as "InCred Wealth") is acting as a distributor across various financial products and offers a broad range of execution services to its Clients. InCred Wealth is registered with the Association of Mutual Funds in India (AMFI) as a Mutual Fund Distributor. InCred Wealth does NOT provide investment advisory services in any manner or form.
The terms and conditions contained herein are binding on the Client. The Client agreed to avail facilities/services from the InCredWealth after fully understanding the entire terms and conditions. The terms and conditions shall be subject to amendments, if any, from time to time at the sole discretion of InCred Wealth and such amendments shall be binding on the client. The updated version of these General Terms & Conditions shall be available on InCred Wealth’s website www.InCredwealth.com.
Roles and Responsibilities of InCred Wealth
InCred Wealth shall endeavour to provide a range of products and services that it feels are suitable for Clients based on their financial needs, risk profile, investment objectives and other information provided by them.
InCred Wealth shall endeavour to provide Clients with product related documents, forms, terms and conditions, agreements, term-sheets and fee structures of products that are made available to them. InCred Wealth shall be entitled to presume that Clients have read and understood the material(s) provided and have made an informed decision prior to investing in the products offered.
InCred Wealth shall maintain complete confidentiality on all information about Clients and their investments, instructions, confirmation and other communication during and for one year after the termination of the client relationship. Provided that InCred Wealth may provide such information. as it may consider necessary and to the extent permitted by regulations to (a) agents and intermediaries to which specific functions have been delegated or through whom the instructions Clients are executed, (b) the employees, advisors and legal counsel of InCred Wealth.
The Client has option to authorize InCred Wealth by executing a Power of Attorney in favour of the InCred Wealth to execute instructions of the Client or its authorized representative in respect to the transactions of Investments / Dis-Investments in securities in client’s name. InCred Wealth may furnish, wherever required, a certified copy of the Power of Attorney and other documents on behalf of the Client to the Company/ Registrar/Mutual Fund or any third party.
For giving instructions and communication pursuant to services availed by Clients or Authorised Person(s) of Clients, and where permitted by Regulations, InCred Wealth is entitled to presume that the Instructions and communication may be given by any one, or some, or all such Clients or Authorised Person(s) of Clients to the accounts and, each and every such instruction and communication would be binding on all of them.
Where the client has availed of the trading facility of Exchange or any other such facility offered by any Platform for transacting in the units of mutual fund schemes on MFSS / BSE Star by NSE / BSE or any other such platform respectively offered through InCred Wealth, the client agrees to abide by the terms and conditions specified by NSE / BSE / Platform from time to time.
The Client authorizes InCred Wealth to disclose/share, all such information pertaining to the Client with the companies /entities /subsidiaries /affiliates of InCred Wealth or their agent’s Banks / Financial Institutions /Statutory Bodies as may be required from time to time, for the Client to be able to avail of any or all of the services provided by InCred Wealth under this arrangement or any other such services. The Client shall undertake not to hold InCred Wealth and /or companies /entities / subsidiaries /affiliates/ employees of InCred Wealth and / or their agents liable or responsible for use of the aforesaid information.
The Client expressly agree and acknowledge that any information contained in the InCred Wealth’s Brochures or other materials or otherwise communicated by InCred Wealth shall not be constructed as investment advice and that all decisions to purchase or sell units/securities made by the client and shall be based on own personal judgment arrived at after due consideration. InCred Wealth does not assure or promise any bonus, interest, dividend. guaranteed returns and profit.
The Client undertakes to read all the relevant Offer Documents/ Scheme Information Documents and addendums thereto and terms and conditions of all schemes of all mutual funds and other issues of securities before entering into any transactions and the Client agrees to abide by the terms, conditions, rules and regulations as applicable from time to time.
All decisions to invest in securities through InCred Wealth shall be at the sole and exclusive discretion of Clients. All risks and liabilities attendant to the transactions shall by borne by Clients and InCred Wealth shall not in any manner be liable to make good any loss sustained or suffered by Clients based on such decisions.
The Client acknowledges that InCred Wealth or its representatives shall not be under any obligation to provide him with any tax, legal, accounting, investment advice or advice regarding the suitability or profitability of investment of any kind nor does InCred Wealth or its representatives give any advice or offer any opinion with respect to the nature, potential value or suitability of any particular transaction or investment strategy.
InCred Wealth may, from time to time and on Clients' express request, refer them to independent third-parties, with whom InCred Wealth has referral / distribution agreements and for which it may receive a distribution / referral fee, for making investments in products or avail services offered by such third-parties solely and entirely at their own risk and liability. In this regard, InCred Wealth acts purely as a referral / distribution agent and all risks and liabilities incidental to such dealings between the Clients and third-parties shall be borne by Clients and /or by third party. InCred Wealth shall not in any manner be liable to make good any loss sustained or suffered by Clients based on such decisions.
The Client(s) understand(s) that:
a. All applications received by InCred Wealth are subject to the cut-off times and InCred Wealth shall not be responsible for any delay or any losses, damages or costs arising due to non-submission/delay in submission of the applications, and
b. For operational reasons, InCred Wealth shall forward only those instructions that are received prior to a cut off time, which may be earlier than the actual cut-off time prescribed to InCred Wealth by third parties and InCred Wealth shall not be liable for any losses, damages, costs or expenses arising out of non-forwarding or delay in forwarding transaction instruction received after such cut-off times.
Neither InCred Wealth, nor any of the Mutual Funds /nor the issuer shall be liable for any failure to perform its obligations, to the extent that such performance had been delayed, hindered or prevented by systems failures network errors, delay or loss of data due to the aforesaid, Acts of God, floods, epidemics, quarantine, lockdown, riot or civil commotion and war.
The Client understands that direct investments in bonds /debentures /equity /equity related instruments /mutual fund /venture capital fund may carry significant liquidity, credit and default risk, pricing risk, 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. The Client shall make investments after carefully understanding the Investment products. InCred Wealth shall not be liable or held liable for any consequences thereof.
The instructions with regard to the transactions may be given through by sending email from registered email ID or by making the call from registered telephone number/mobile number or any other reasonable mode as permitted by InCred Wealth.
InCred Wealth and its authorised officer(s) shall be entitled to rely on the communication sent through telephone, fax or electronic media as genuine and act in a bonafide manner on the instructions and confirmations contained therein without further verification. However, InCred Wealth may at its sole discretion refuse to act on such communication till the receipt of a confirmation in writing. Further the Client hereby undertakes that it is aware of the risks involved in using electronic modes of communication and agrees to not hold InCred Wealth liable/responsible in any way for any issues, consequences, loss, damages , liabilities that may arise on account of using such electronic modes of communication including emails, fax, telephones, websites etc.
InCred Wealth shall not be liable for any loss or damage caused to Clients by reasons of
(a) any delay by Clients in providing Instructions or communication to InCred Wealth, and
(b) any error, default and failure by the Client in providing instructions or communication to InCred Wealth.
If any communication is unclear, ambiguous or incomplete, in the sole and exclusive determination of InCred Wealth, it shall not be obliged to act upon the same until clear and unambiguous communication to the satisfaction of InCred Wealth have been provided by Clients. All such actions shall be binding on Clients and InCred Wealth shall not incur any liability for any such act or omission.
The Client hereby undertakes to indemnify InCred Wealth for any losses , damage, or liabilities it may end up suffering on account of any usage of electronic mode of communication for or on behalf of the client including relying upon instructions received in such manner from the Client(s).
InCred Wealth shall be entitled to record the phone conversations between Clients and InCred Wealth without further intimation to Clients.
Deal Instructions for securities transactions, shall be delivered to InCred Wealth only during business hours of InCred Wealth, i.e., at present between 9:00 to 3:30 p.m. on a working day, and only on business days (which term shall mean a day on which financial and/or other securities and money markets located at the place where InCred Wealth branch rendering services is located are open for business and trading); all other communication may be delivered up to 5:30 pm on business days. For any communication or instructions received after the prescribed hours or on non-business days, InCred Wealth shall have the discretion to deem it to have been received on the next business day.
Client Undertakings
InCred Wealth shall not be liable for any instructions executed or any orders placed prior to the receipt of any communication cancelling or superseding such earlier communication.
Tax statements provided by InCred Wealth pertaining to transactions in Client portfolios are for guidance purposes only and shall not be used by Clients to compute their tax liabilities. Clients shall compute their tax liability based on information provided by Brokers, Mutual Funds, Depository Participants, Custodians, Portfolio Managers, etc. in consultation with their independent tax advisors, if any.
The Client understands and agrees that the mutual fund / RTA / issuer company / stock exchanges / may cancel, close or reject any contract suo-moto without giving any reason thereof. In the event of such cancellation, closure or rejection, InCred Wealth shall be entitled to cancel relative contract(s) with the Client and the Client shall not raise any objection for it and hold InCred Wealth liable for it.
Further to any change in the details of the client including but not limited to the Demat account, Bank Account, Address, registered contact email ID, shall be first intimated to InCred Wealth who may in turn liaise with the Issuer Company / Mutual Fund Asset Management Company or its respective registrar to update such changes. The Issuer may reject such requests and, in such event, InCred Wealth shall not be liable for any such rejection.
In case of NRI client(s), Client(s) shall ensure that they are aware of and comply with the provisions of the exchange control and other applicable regulations that pertain to their investment In securities to the Indian capital markets. InCred Wealth shall not be liable for loss or damage in any manner caused by or resulting from any non-compliance by Clients in this regard.
In the event of any change in the status of the Clients, the Clients shall forthwith inform InCred Wealth of the same.
Clients shall comply with all laws, regulations, procedures, practices and guidelines given by the competent authorities in so far as applicable to them, including but not limited to compliance with applicable provisions of the Foreign Accounts Tax Compliance Act (FATCA). InCred Wealth shall not be responsible or held liable for any breach by Clients of such laws, regulations, procedures, practices and guidelines.
Communication in the form of application forms or letters of instruction for any transaction shall be completely filled and signed by Clients prior to their submission to InCred Wealth. Neither InCred Wealth nor its employees shall be responsible in any manner whatsoever, for any Incorrect information being submitted by Clients. Blank or partially completed documents signed by Clients and handed over to any employee of InCred Wealth shall be solely at their own risk if they are not processed or misused in any manner and Clients shall not hold InCred Wealth liable or responsible in any manner whatsoever.
Unless otherwise specified by Clients in writing, InCred Wealth shall communicate With Clients through letters in physical delivered to their communication address; or through phone and fax to their phone and fax numbers; or through SMS to the mobile number; or through email to their email address.
Communication
InCred Wealth shall provide its services on a best effort basis. However, InCred Wealth shall not be liable for any failure or for any loss, damage or other costs arising in any way out of:
a) System failure including failure of ancillary or associated systems, or fluctuation of power, or other acts of God /force majeure;
b) Accident, neglect, misuse, errors, frauds on the part of the Client or any agent of the Client or agents or any third party, or
c) Any incidental, special or consequential damages including without limitation of loss of profit.
InCred Wealth shall not be liable to Clients for loss caused to them arising out of any act or omission by InCred Wealth, except when such loss anises due to gross negligence, wilful misfeasance in connection with the discharge of duties, or wilful default. InCred Wealth shall in no event be liable for the acts of other intermediaries, bankers, brokers, custodians, etc.
InCred Wealth reserves the right to refuse to provide services or to require the Client(s) to close its Account with InCred Wealth without assigning any reason for such decisions.
Miscellaneous
All services provided by InCred Wealth shall be governed by and constructed in accordance with the laws of India. Any dispute, controversy or claim between InCred Wealth and the Clients shall be settled by arbitration to be held in Mumbai, unless otherwise specified in any Agreements executed with InCred Wealth in accordance with the provisions of The Arbitration and Conciliation Act, 1996 or any subsequent enactment. The language of Arbitration shall be English. The award of the arbitrator shall be final and binding.
Arbitration
These Terms and Conditions, the construction and enforcement of Its terms shall be governed by and construed in all respect with the laws of India.
The Client understand that 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 Mumbai. Further these terms and conditions are subject to and shall be construed in accordance with the laws prevalent in India.
If any term or condition herein is declared or becomes invalid or unenforceable in any jurisdiction such term and/or condition shall not become or be unimpaired invalid or unenforceable to any other jurisdiction and the remaining terms and conditions herein shall remain unimpaired and in full force and effect in all jurisdiction.