Whats app ‘Chatbot’ for Distributor – Terms of Use

These terms & conditions, as updated periodically, govern the use of this Platform by Distributors seeking the Statement of Account (SoA) of the Investors mapped to the Distributor’s ARN through Whatsapp Chatbot feature (hereinafter referred as ‘Platform’).

These terms & conditions shall be in addition to supplemental terms and conditions and additional disclosures/disclaimers as stipulated by Bandhan AMC Limited (hereinafter referred as “AMC”) on its website: www.bandhanmutual.com

You understand that the AMC may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your access to the Platform or related services or may discontinue or change, at any time, any of the services available through the Platform.
We may also in our sole discretion, and at any time, discontinue, temporarily or permanently, any or the entire facilities under the Platform without notice. This could result in delays or failure in the processing of instructions or requests of the Users. We disclaim all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise, sustained by any User on account of such delays or failure and each User hereby acknowledges and agrees to the same.

Disclaimers

Your use of the Platform shall be at your sole risk. The Platform has been provided on an “as is” and “as available” basis. Except as explicitly warranted in these Terms, we make no express or implied warranty with respect to the services/facilities provided on the Platform, including, without limitations, any warranties of uninterrupted/error free performance of the Platform, that any identified defects will be corrected, that the Platform is free from viruses or other malicious, destructive or corrupting code, non-infringement of third party rights, title, merchantability, data accuracy and completeness, satisfactory quality and/or fitness for a particular purpose.

We do not have any direct agreement or tie-up with WhatsApp and we shall not be responsible for any of the communication sent or received by the User over WhatsApp or the services provided by WhatsApp to the Users particularly in relation with data privacy or data integrity

Capacity to contract

By accepting these Terms & Conditions, you represent and warrant to the AMC that you are 18 years of age or older, and that you have the right, authority and capacity to use this Platform and agree to abide by these Terms of Use. In the event that you are below 18 years of age, you understand that you are visiting this platform at your own risk and you alone shall be liable for your actions. By using this Platform, you agree to follow and be bound by all terms and conditions concerning your use of this Platform.

Compliance with Applicable Laws

This Platform is intended for use by distributors authorized by law and regulations to distribute Mutual Fund units.

The Use of this Platform may be monitored, tracked and recorded. Any unauthorized, unlawful access may be subject to a legal recourse by the AMC / Trustees / Sponsors of the Mutual Fund.

User representations and warranties

You represent and warrant to the AMC that you will use this Platform in a manner consistent with any and all applicable laws and regulations.

You represent and warrant that you will not make any unauthorized usage of this Platform including but not limited to the following:

transmitting or sending unsolicited commercial or marketing communications;
deleting or revising any content;
attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; and
aggregating, copying or duplicating in any manner any of the content or information available from this Website.

You represent and warrant that the you shall not host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You agree to comply with the requirements of the applicable Regulations and the provisions of the Empanelment Documents executed with Bandhan AMC Ltd. You hereby confirm that you, in your capacity as a Distributor, will not disseminate / use the personal information of the client in any manner that is detrimental to the clients except as agreed with Bandhan AMC Ltd.

You understand that if you choose to access the Platform from locations other than India, you shall do so at your own risk and you would be solely responsible for compliance with applicable local laws and regulations of such location/territory. The AMC accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than the Republic of India. The mere fact that the Platform can be accessed through internet by you in a country other than India shall not be interpreted to imply that the laws of the said country govern these Terms and/or the use of the Platform.

You hereby acknowledge and agree that it shall be your responsibility to upgrade the software, hardware and the operating system of your computer and/or mobile phone handset, as the case may be at your sole cost and consequences from time to time so as to remain compatible with that of the Platform; and you also would require a proper uninterrupted internet connection.

Contents on this Website

While due care has been taken to ensure the accuracy of information on this Website, the Mutual Fund, the AMC and its employees and Directors, the Trustee Company and its employees and Directors, the Sponsors and the RTA, shall not in any way be responsible for any loss or damage arising in contract, tort or otherwise from:

any inaccuracy or error or omission of any data.
disruption or non-availability of the services/facility(s) under the Platform due to technical fault/error or any failure or failure in telecommunication network or any error in any software or hardware systems.

In addition to and without limiting the foregoing, the AMC shall not be liable for any harm caused by the transmission, through the services or information, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the services or any of the user’s software, hardware, data or property.

You understand and agree that all outputs of statements are duplicate Statements of Account and are prepared by electronic means and the information contained therein will be extracted from a computerized back-up system maintained by Bandhan AMC/RTA. In case you notice any error in the account information supplied through the Platform or transaction confirmation received by you, you shall promptly, but not later than 30 (Thirty) days from the date of receipt of the information, intimate us of the same. Upon receipt of such intimation, we shall endeavour to correct the error.

You specifically agree that the AMC shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Platform.

The AMC shall be at liberty to change, vary or upgrade the software, hardware, operating systems, etc. of the Platform from time to time and shall be under no obligation to provide support to all versions of the software, hardware, or operating systems used by you. We shall not be liable for your failure to access the Platform, partially or fully, whether due to your systems, the internet network or any other cause or reason whatsoever.

As this is an electronic service, access cannot always be guaranteed due to external factors beyond our control. Whilst we endeavour to ensure that the facilities offered under the Platform are available without any interruptions, we do not guarantee that the access to or use of Platform or any part thereof will be uninterrupted or error free or that the Platform or the server that makes it available will be free of viruses or other harmful, malicious, or disruptive components. You agree not to hold us liable or responsible for any loss/damage that may be suffered by you while downloading or using the software for accessing the Platform or while availing of any facilities under the Platform

The internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect the electronic instructions to us through the Platform. Whilst we aim to provide security to prevent the same, we cannot provide any guarantee from such internet frauds, hacking and other risks associated with the internet.

Property rights in information and services

All trademarks, logos and service marks, information and content provided on this Website, including its design structure and compilation, are privately owned Intellectual Property Rights of the AMC and/or its affiliates or group companies and/or otherwise permitted for the use of the AMC. You may not copy, transmit, distribute, modify, reuse, sell or display any of the Proprietary Content for any purpose except with the prior written consent of the AMC, which it may issue in its sole discretion. Unauthorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties. You are granted a non-exclusive, non-transferable and limited right to access this Platform.

Indemnity

You (User) agree to indemnify and hold the AMC, Mutual Fund, Trustee Company, Sponsors, its respective subsidiaries, affiliates, officers, directors and employees, harmless against any action, suit or proceeding initiated against it and from any claim, demand, damage, loss or liabilities and expenses, including reasonable attorney’s fees,

asserted by any third party due to or arising out of your use of or conduct on the Platform.
Providing to the User an access to the Platform and the facilities offered on the Platform.
Unauthorised use of the Platform or by any third party through the User’s personal and financial information
The AMC/Bandhan MF in good faith taking or refusing to take any action on the electronic instructions received from the User.
Fraud, negligence/ mistake or misconduct by the User.
Any illegal or improper use of the Platform by the User.
Negligence or mistake or misconduct of the User.
Any delay or failure to process the transactions carried out by the User due to error, defect, failure or interruption or for any reason whatsoever; or
Breach or non-compliance of any of the Terms by the User.
any unauthorised transactions undertaken through the Platform.

Liability

The AMC/Bandhan MF shall not be liable for any damages or losses sustained by the User (direct and/or indirect) whatsoever, due to disruption or non-availability of the services/facility(s) under the Platform due to technical fault/error or any failure or failure in telecommunication network or any error in any software or hardware systems.
The AMC/Bandhan MF shall also not be liable for any unauthorised transactions occurring through the Platform and the User hereby fully indemnifies and holds the AMC/Bandhan MF harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof.
The AMC/Bandhan MF shall under no circumstance be held liable to the User if the Platform or all or any part of the facilities on the Platform is not available in the desired manner for reasons including but not limited to legal restraints, faults in the telecommunication network or network failure, faults in computer systems, or any other force majeure events (such as flood, extraordinary weather condition, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, equipment or software malfunction) or any other reason beyond the control of the AMC/Bandhan MF.
Under no circumstances shall the AMC/Bandhan MF be liable for any damages whatsoever whether such damages are direct, indirect, incidental or consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the User or by any other person.
Illegal or improper use of the Platform shall render the User liable for payment of financial charges as decided by the AMC/Bandhan MF or will result in suspension / termination of the access to the Platform extended to the User. The aforesaid does not limit rights of the AMC/Bandhan MF to initiate appropriate legal proceedings against the User.

Amendments

The AMC reserves the right to add, amend or revise, in whole or in part, any of the services or contents on this Website or these Terms of Use at any time without prior notice. Any addition, suspension, revision, amendment, cancellation or suspension shall be effective and binding on users. You are requested to keep yourself updated for the changes by reading the same from time to time.

The AMC shall have the right to terminate/suspend the access to the Platform in case of any illegal/improper use of the Platform.

Bandhan AMC may, at its sole discretion, suspend/ disallow/ modify/ restrict all or any of the facilities offered under the Platform or deny access to the Platform to any specific User at any time and for such time period and without assigning any reason whatsoever.

The AMC shall not be liable for any loss or damage that may be sustained by any User on account of such suspension/withdrawal/termination by AMC.

Governing law

The Usage of this Website and these Terms of Use shall be governed by / construed in accordance with, the laws of India.

Jurisdiction

Any dispute arising out of the Scheme(s) and the usage of this Website shall be subject to the exclusive jurisdiction of the Courts in India.

The AMC reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms and conditions.

Your continued use of this Website will be deemed acceptance of these terms and you will be unequivocally bound by all these terms and conditions, including amendments, if any.

In case of a dispute, the matter will be settled by arbitration as per the rules of Arbitration and Conciliation Act, 1996. The AMC shall nominate the sole arbitrator and that the place of arbitration shall be Mumbai and the language of arbitration shall be English.

Waiver

Failure on the part of the AMC/Bandhan MF to enforce any rights conferred by these Terms or any law / regulation shall not be deemed to be a waiver of any such rights.

Complaints

If you have any complaints related to your use of this Platform or the terms and conditions (including unauthorized use), please contact us at the following:

Distributor Toll free number: 1800 267 2950

Email for distributors: distributorhelpdesk1@bandhanamc.com