Terms of Use
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. BY CONTINUING TO USE THE SITE, USER AGREES TO ABIDE BY AND ACCEPT ALL THE OBLIGATIONS AS SPECIFIED HEREUNDER.
This Agreement sets forth the terms and conditions that apply to the access and use of the Website"https://dhansaarthi"(hereinafter referred to as "Website") which is owned, developed and operated by Dhan Saarthi (hereinafter referred to as "DhanSaarthi"), incorporated under the laws of India and registered under the Companies Act 2013.
1. Discretionary Powers
- DhanSaarthi has the right to change or revise the terms and conditions of this agreement without prior notice, by posting the revised terms and conditions which shall enter into force with immediate effect. The revised agreement will supersede all other previous written or oral terms and conditions as communicated to user.
- DhanSaarthi has the right to change and modify the content and format of the website. DhanSaarthi also reserves the right to suspend the operation of the Website for repair or maintenance work in order to update or upgrade its content or functionality from time to time. DhanSaarthi does not affirm that the website will be uninterrupted or accurate.
2. Disclaimer and Exclusion of Liability
- Mutual fund investments are subject to market risks. Please read the scheme information and other related documents carefully before investing. Past performance of the schemes is neither an indicator nor a guarantee of future performance.
- The information and tools provided on the Website is for educational purposes only and should not be considered financial advice. The risk profiling tool on this Website is designed to help users better understand their financial risk capacity, risk tolerance, and behavioural traits, based on the responses provided through structured questions and trade-off scenarios, and the results generated do not constitute investment advice, financial planning, or any form of recommendation to buy or sell financial products.
- The users must consider their specific investment requirements, risk tolerance, investment goal, time frame and the cost associated with the investment before choosing a mutual fund / fixed deposit or designing a portfolio of mutual funds that suits their needs and consult a qualified financial advisor before making any investment decisions.
- DhanSaarthi has gathered the data, information, statistics from sources believed to be highly reliable and true. All necessary precautions have been taken to avoid any error, lapse or insufficiency, however, no representations or warranties are made (express or implied) as to the reliability, accuracy, suitability or completeness of such information. DhanSaarthi cannot be held liable for any loss arising directly or indirectly from the use of, or any action taken in on, any information appearing herein.
- By using the tools available on the Website, users acknowledge and accept that they do so on their own risk.
- The user acknowledges that employees and representatives of DhanSaarthi are not authorised to give any such advice, and that the user shall not solicit or rely upon any such advice from DhanSaarthi or any of its employees or representatives. Any advice of this nature inadvertently given by any employee or representative of DhanSaarthi shall strictly be construed as being in their personal capacity, and DhanSaarthi disclaims any liabilities arising thereto.
3. User Obligation
- The user agrees to use the Website for personal and non-commercial purpose only.
- The user understands and agrees that all investment and / or trading decisions are based on the user’s own investment objectives and evaluation of prevailing financial circumstances. This extends to all decisions made by the user based on any information that may be available on the Website. The user understands that DhanSaarthi is merely a facilitator providing access to its user to participate in the financial markets, and that DhanSaarthi does not seek to influence or otherwise affect the decision-making process of its users in any way whatsoever.
- The user shall not hold nor seek to hold DhanSaarthi or any of its officers, directors, partners, employees, agents, subsidiaries, affiliates or business associates liable for any trading losses or damages incurred as a consequence of relying upon any information, opinions or any other material whatsoever on the Website or in any brochures, promotional material or any other literature promulgated by DhanSaarthi or any of its affiliates or partners.
4. Account Opening and Registration
Before availing of any online trading services on the Website, the user is required to complete DhanSaarthi’s registration process, as may be prescribed from time to time. To register yourself, you are required to follow the procedure mentioned on the Website, along with any instructions communicated to you by DhanSaarthi’s employees or representatives.
5. Account Security
- The user acknowledges that they shall be responsible for maintaining their user ID and password in a secure and confidential manner. The user shall solely be responsible for all orders entered and transactions executed on the Website using their login credentials, irrespective of whether the person executing such transactions were authorised to do so or not. DhanSaarthi assumes no responsibility whatsoever for any liabilities arising out of unauthorised access to a user’s password.
- The user acknowledges that they are fully aware of and understand the risks associated with online trading services, including the risk of misuse and unauthorised access to their user ID, password or login credentials by third parties. The user also acknowledges the risk of third parties hacking into their user ID on DhanSaarthi’s platform and unauthorisedly routing orders on behalf of the user through the system.
- Users agree to notify DhanSaarthi immediately on a priority basis in case they discover any security flaws or vulnerabilities in the Website or any other components of the Website.
6. Trademark and Copyright Protection
- All intellectual property, including in relation to the Website, including any software, techniques and processes used, and any trademarks, logos, images, material, content, designs, information, and other content available on the Website belongs exclusively to DhanSaarthi or is licensed to DhanSaarthi. By no means is any proprietary right or license in any intellectual property impliedly or expressly granted by DhanSaarthi to the user or any other visitor of the Website through their use of the Website.
- All the information published in this Website is proprietary to either DhanSaarthi or has been licensed to DhanSaarthi and shall not be copied, sold, republished, reproduced or redistributed without DhanSaarthi’s authorization.
- User shall not copy, decompile, reverse engineer, or otherwise attempt to discover any source code, license, use or assign any intellectual property in the Website, copy any logos, brand names, marketing or branding material or pictures from the Website, remove any copyright and other proprietary notices contained in any content on the Website, or use spiders, crawlers or robots for the purpose of accessing the Website, or any content on the Website.
- User shall not attempt to change, obscure, disassemble, decompile or reverse engineer the software underlying the website or create any derivative product based on it.
- In the event of breach or infringement of copyright laws including unauthorised use of DhanSaarthi’s intellectual property rights, DhanSaarthi shall be compelled to adopt legal action against the offender.
7. User Representations and Warranties
The users represent and warrant to DhanSaarthi the following:
- They are capable of being a valid counterparty to the Agreement, including but not limited to being of 18 years of age or above and fully competent to enter into, abide by the terms and conditions of this Agreement, and not barred by any law from accessing the Website or any services offered by DhanSaarthi, and that the Agreement is not in contravention to the rights of any party with whom such user has any agreement, at any time prior to agreeing to the Agreement and while continuing to using the Website and availing DhanSaarthi services. While representing a minor, the user has the necessary authority to register / sign up for the services.
- They shall always provide DhanSaarthi with valid, true and updated personal details about themselves that DhanSaarthi may require, including documentary proof thereof. Such details include but are not restricted to permanent account number (PAN) and Unique Identification Number issued by SEBI.
- The user warrants that the amount invested by him / her / them is derived from legitimate sources and is not drawn to violate any act, regulation or law of the Indian Government or any statutory authority, including but not limited to the Income-tax Act 1961, the anti-money laundering laws of India, anti-corruption laws of India or any similar directives issued thereunder.
8. User Approval and Declaration
- The user approves that he / she / they, has / have no objection and grants his / her / their consent that DhanSaarthi may forward transaction data to the concerned AMCs / RTAs for the orders placed under purchase, withdrawal or transferring.
- The user approves that DhanSaarthi may contact the user by phone or by e-mail for reasons including, but not limited to his / her / their registration, supplement notifications or guidelines, servicing of user requests as and when required.
- The user approves that DhanSaarthi may procure and submit user KYC information and signature to the corresponding AMCs / RTAs to facilitate and authorize transactions or requests made in offline / online mode.
- The user agrees that any transaction made on a holiday will be processed on the next working day and the NAV will be applicable as per the guidelines stipulated by the fund.
- The user agrees that any or all information that may be provided by him / her / them to DhanSaarthi, including but not limited to contact information, address and tax‐related information or any other information required under existing or future KYC or other norms and laws, may be shared by DhanSaarthi with the AMCs / RTAs or their respective authorized service providers, auditors, legal and tax consultants in compliance with the existent legal provisions from time to time.
- The user agrees that it is the sole obligation of the AMCs to send guidelines and communications as stipulated by SEBI to the registered customers and DhanSaarthi shall not be held liable for any default.
- The user acknowledges that DhanSaarthi shall not be held liable for the availability or non-availability of content or services on third party sites linked from the Website. The user agrees to access the hyperlinks to third party sites at his / her / their own risk and neither the website nor DhanSaarthi shall be held liable in the event of any loss or damage arising out of the use of third party sites.
9. Data Security
- DhanSaarthi has undertaken sufficient measures to protect and keep the data provided by the users safe and secured, however no liability rests with DhanSaarthi if the site is subjected to unauthorized or unlawful access by means of hacking or phishing.
- DhanSaarthi holds no responsibility for any loss or damage incurred by the user while accessing the site which has been maliciously corrupted by virus without the knowledge of DhanSaarthi.
10. Third Party Sites
- The Website may contain links or direct users to various third-party platforms. If the user uses or clicks on any of these links, the user may be directed / redirected to such external platforms.
- If the user decides to visit any such external link, the user does so at their own risk, responsibility, and liability. DhanSaarthi does not endorse any platform linked to it or the information appearing therein or any of the products or services described therein on the Website. Any display of third-party goods / services offered through the Website does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement, or approval by DhanSaarthi of any such third parties. The user agrees that DhanSaarthi is in no way responsible for the timeliness, accuracy or completeness of information that they may obtain from these third parties, and which may be posted / published on the third-party platforms, and as may be amended from time to time.
- The user agrees and understands that when using the Website, they will be exposed to user content from a variety of sources and by different users, and that DhanSaarthi is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user content.
11. Severability
If any one or more of the provisions contained in this Agreement become invalid, illegal, or unenforceable in any respect under any law or regulations for the time being in force, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be prejudiced or affected thereto.
12. Jurisdiction and Governing Laws
- This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.
- The courts in Kolkata, West Bengal shall have jurisdiction to try and determine all disputes with respect to this Agreement.
13. Miscellaneous
- DhanSaarthi does not warrant that the services provided on the Website will be uninterrupted or error-free. All services on DhanSaarthi’s Website are provided to the user on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose.
- The user acknowledges that online trading over the internet involves several uncertainties and complexities with respect to hardware, software, computer systems, communication lines, peripherals, etc., all of which are susceptible to interruptions and dislocations, and which may result in the Website being unavailable without prior notice. Users agree that they shall not pursue any claims against DhanSaarthi on account of any suspensions, interruptions, malfunctioning or non-availability of the services offered on the Website or any part thereof, for any reason whatsoever.
- DhanSaarthi shall use your data specifically for the provision of Services you have subscribed to, and in accordance with the Privacy Policy available on the Website.
- The failure of DhanSaarthi to exercise any right provided herein or available under applicable law shall not be deemed a waiver of any further right hereunder. Waiver of any right by DhanSaarthi shall not be deemed to be a waiver of any further rights of DhanSaarthi. The exercise by DhanSaarthi of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
- To the fullest extent permitted by law, DhanSaarthi, its affiliates and its officers, employees and directors are not and will not be liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, and goodwill) arising out of or in connection with the user’s use or inability to use the Website. In any event, the liability of DhanSaarthi arising out of this Agreement Terms shall not exceed INR 100 (Indian Rupees One Hundred Only).
