Terms of use Services agreement

Investment Services Agreement

  1. Whereas
    1. Scripbox.com India Private Limited (“Scripbox.com”) is an AMFI registered mutual fund distributor and provides services incidental thereto.
    2. Scripbox.com provides its services via multiple channels including website(s) and mobile application(s) of aggregators and other service providers (together “Service Providers”) with whom Scripbox.com has partnered.
    3. I have applied for an investment account (“Account”) with Scripbox.com after understanding the nature and scope of services provided by Scripbox.com.
    4. The following terms, including the terms of the Privacy Policy appended to this Agreement, record our understanding and arrangement in relation to the services being availed by me from Scripbox.com.
    5. My clicking on the “I accept” checkbox is the legal equivalent of my signing this Agreement and accepting the terms thereof.
  2. Scripbox.com will provide access to its online technology platform for provision of mutual fund investment services (“Services”) which include:
    1. facilitation of subscription and redemption of mutual fund units by transmitting my money and instructions to the relevant Asset Management Companies (“AMC”) through my Account.
    2. facilitation of non-financial transactions which will include services such as changes in my information recorded by the AMCs.
    3. provision of information and offer documents of all mutual funds available through its platform along with recommendation of mutual funds for specific asset classes.
    4. responding to my queries relating to my Account and acting as my point of contact for various AMCs.
  3. Compliance with Law
    I acknowledge and agree that:
    1. My investments through Scripbox.com are subject to, and will be in full compliance with, the laws of India; any international agreements / treaties which India is a party to; relevant regulations from SEBI, RBI & other regulatory bodies; the terms & conditions of respective mutual fund schemes and AMCs; and the codes and guidelines applicable to mutual fund distributors (“Applicable Law”).
    2. I shall provide true and correct information to Scripbox.com and agree to provide, in a timely manner, Scripbox.com and the AMCs with such information, documents and consents, as may be required to comply with Applicable Law. Scripbox.com has my consent to carry out verifications and validations of my information and instructions.
    3. Investments made through my Account shall be from my verified bank account (primary holder’s bank account where such account is a joint account), from legitimate sources and if I am a non resident of Indian origin, I will remit funds from abroad only through approved banking channels from funds in my NRE/NRO/FCNR account in accordance with Applicable Law.
    4. I shall not disrupt the Services of Scripbox.com or try to access them using a method other than the interface and instructions as set out in this Agreement or as relayed by Scripbox.com. If I interrupt, destroy or limit the functionality of the Services, Scripbox.com may stop providing its Services to me and, at its option, pursue legal action against me.
  4. Provision of Services
    I acknowledge and agree that:
    1. I have the necessary authority to operate the Account and place investment instructions
    2. My Account is associated with a username and password (together “Login Credentials”) and Scripbox.com will consider the instructions placed with the use of my Login Credentials to have originated from me.
    3. My instructions will be processed the same day if received before the cut-off times specified by Scripbox.com subject to the norms followed by AMCs relating to receipt of my investment funds. If not, they will be processed on the next business day. Scripbox.com may specify cut-off times earlier than the times specified by the AMC/SEBI.
    4. My bank may charge me a fee for failing to maintain sufficient balance to make an investment from my bank account. Scripbox.com does not levy nor does it receive those charges.
    5. Scripbox.com may utilise third party vendors (“Vendors”) for provision of Services.
    6. Scripbox.com or its Vendors will forward my instructions to the AMC electronically, and the AMC will process the transactions on the basis of such electronic instructions. AMCs are not obliged to accept my application for subscription to units of their mutual fund schemes in part or in full.
    7. Scripbox.com, or its Vendors, may
      1. contact me on issues relating to setup and operation of my Account;
      2. communicate with AMCs and their authorized service providers on my behalf for financial or non-financial transactions; and
      3. record all my interactions with them including phone calls, chats, conversations and emails, with its employees for legal compliance, security, employee training, and other lawful purposes.
    8. I have the right to transact directly with the AMC even in respect of the investments made through Scripbox.com. I understand that if I transact directly with the AMCs, Scripbox.com may not have accurate information in relation to such investments. I have this right even after the termination of this Agreement.
    9. Mutual fund investments are subject to market risks and I shall have read all relevant scheme documents issued by the AMC, such as Offer Document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum (“Offer Documents”) carefully before investing. I understand that the past results of a mutual fund are not a guarantee to its future performance.
    10. I will seek independent financial planning, legal, accounting, tax or other professional advice before investing or withdrawing.
    11. Any sort of graphical representations, recommendations, feedback and reviews, provided on the investment platform, are in no way, either a guarantee for the performance of the funds or an assessment of the funds, or the creditworthiness or investability of the underlying securities.
    12. Other than as expressly set out in this Agreement, neither Scripbox.com nor any of its Service Providers, as the case may be, make any specific promises about the Services provided. The Services are provided ‘as is’.
    13. Scripbox.com shall carry out all activities that are required to fulfil its regulatory obligations for the provision of Services under this Agreement.
  5. Intellectual property
    By virtue of utilising the Services, I do not have ownership of any intellectual property rights, including branding or logos of Scripbox.com and I shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through Scripbox.com, except that which I may download for personal, non‐commercial use.
  6. I will not dispute and/or hold Scripbox.com responsible for:
    1. Any act that is not an obligation of Scripbox.com in this Agreement.
    2. Any disclosures made by Scripbox.com to any statutory body under any law.
    3. Any loss, notional or otherwise, incurred because of:
      1. Delays either at the bank, bank payment systems, Registrar and Transfer Agency or AMC;
      2. Rejection of my instructions by the Bank, Registrar and Transfer Agency or AMC;
      3. Processing of instructions authenticated by my Login Credentials;
      4. Non-availability or non-accessibility of the website, mobile application, electronic payment gateway, telephone(s), or office(s) of Scripbox.com for reasons including those beyond Scripbox.com’s control;
      5. Any inaccuracy or typographical error on the website or the mobile application or any written, E-mail & SMS communication. Scripbox.com specifically disclaims any liability for such inaccuracies or errors;
      6. Reduction in the value of my investments made through Scripbox.com; or
      7. Any act, omission or delay attributed to me or any Service Providers resulting in Scripbox.com not being able to provide the Services to me.
  7. Indemnity
    I agree to indemnify, defend, and hold Scripbox.com and its Vendors harmless from and against any and all losses, including legal fees, arising out of or relating to my failure to comply with the provisions of this Agreement.
  8. Limitation of Remedies:
    1. In no event will Scripbox.com or Service Providers or their respective officers, directors, or employees be liable for any action performed or omitted to be performed or for any errors of judgment in relation to my Account.
    2. Scripbox.com shall not be held accountable for any losses incurred as a result of any actions / occurrences as set out in Clause 7 of this Agreement.
    3. A gesture of goodwill on behalf of Scripbox.com such as refunds and / or reimbursement of transaction charges or any other sum, shall not constitute an acknowledgment of any wrongful act or liability by Scripbox.com and I will not have any further or additional recourse, legal or otherwise against Scripbox.com.
    4. Any loss, notional or otherwise, incurred because of:
  9. Governing Laws and Dispute Resolution
    The laws of India govern this Agreement. All disputes are subject, firstly, to discussions in good faith, and then to arbitration by a sole arbitrator appointed by Scripbox.com. The seat and venue of arbitration will be Bangalore, India.
  10. Term and Termination
    This Agreement is valid for a continuous period unless I terminate it by closing my Account or, Scripbox.com, at its sole discretion, closes my Account for non-compliance with this Agreement or any Applicable Laws.
  11. Effects of Termination
    1. Scripbox.com will continue to securely maintain a record of my personal information and my financial transactions to fulfill regulatory obligations. Scripbox.com will provide me details of the AMCs in whose mutual fund units I am invested in and will fulfill my redemption/transfer requests, if required.
    2. My obligations set out under Clause 3, Clause 6, Clause 7 and Clause 8 of this Agreement, as may be applicable, shall continue to remain in force post termination of this Agreement.
  12. Amendment
    Scripbox.com may, at its sole discretion, modify the terms of this Agreement at any time without any prior notice. Any such amendments shall be effective immediately and it shall be my responsibility to review this Agreement for any amendments. My continued use of the Services shall imply my acceptance of the amendments.
  13. Miscellaneous
    1. The terms of this Agreement entirely governs the relationship between Scripbox.com and me. They do not create any third party beneficiary rights.
    2. Any appendix to this Agreement shall constitute a part of this Agreement.
    3. If any provision contained in this Agreement is unenforceable, it will not affect the other provisions.

APPENDIX

Privacy Policy

Date of last revision: Nov 08, 2019

By using this application/website https://scripbox.com and/or signing up for the Services (as defined under the Terms of Use) offered by Scripbox Advisors Private Limited, ("Scripbox"), or providing us with your personal information for any other purpose, you agree to this Privacy Policy.

This policy will help you understand the types of information we collect from you, the purpose for which the information is collected; how the information is used; the intended recipients of such information; and how the information is protected. If you would like more details, please contact us at https://scripbox.com/pages/contact-us.

For the purposes of this policy, "personal information" means any information that can be used to identify you personally and shall not include information that is freely available or accessible to the public.


1. Using Scripbox as a Visitor

If you are a first-time visitor to Scripbox:

  1. We don't know who you are.
  2. We collect technical data about your interaction with the Services. This is data we get from your use of our services. We collect certain data about your interaction with our website, such as pages visited and average time spent on the website, your internet protocol address, the unique identifier of your device and device information such as operating system, operating system version, browser plugins, crashes, system activity, hardware settings, date and time of your request and referral URL, and cookies that may uniquely identify your browser and mobile application.
  3. We use this data to analyse how you use our website and improve the services provided through the website;

2. Using Scripbox as a Registered User

If you have provided us your email address:

  1. You are a registered user of Scripbox.
  2. You may be asked to give us additional information in order to use certain features of the Services.
  3. You have the choice to use your social media accounts like Facebook or Google to login to Scripbox (“Social Login”). If you choose Social Login, Scripbox will have access to your name and email address only.
  4. We collect technical data about your interaction with the Services.
  5. We use all the collected data to:
    • Respond to your queries about the Services;
    • Deliver to you any notices, alerts, or communications relevant to your use of the Services;
    • Offer you other products or services that we believe may be of interest to you. You have the option to opt-out of receiving such communication;
    • Aggregate the anonymised information from registered users to perform market research, project planning, product development, troubleshoot problems, analyse user behaviour, marketing purposes, and promotions;
    • Enforce our Terms of Use.

3. How We Use Your Data

Your email address and phone number is used to send you updates regarding the Services. You can select what communication you'd like to receive from us by modifying your account settings after you login to your Scripbox account.

We may also use your information to verify your identity in the event you contact us for assistance with the site or services.

We use cloud-based software tools to perform certain business-related functions. Examples of such functions include, maintaining databases and servers, processing text messages, phone calls, chats and emails, and marketing and sales analytics. A full list of our third-party vendors is available at https://scripbox.com/pages/vendor. Please note that these vendors are bound by the same standards of data security practices and procedures as we are under law and contract.


4. How We Use Technical Data

Scripbox uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses first-party cookies to report on user interactions with our web-based services. These cookies store non-personally identifiable information.

Google Analytics aggregates technical data (non personally identifiable data relating to your usage of our website) with data collected from other Scripbox users. We use this information to identify the most popular areas of the Services and how to best present and customise them.

For more information about how Google handles technical information, please visit the site, "How Google uses data when you use our partners' sites or apps", ( located at: www.google.com/policies/privacy/partners ).

We may use the unique identifier of your device for security purposes to track suspicious activity. For instance, if we detect that your Scripbox account is being accessed from multiple devices, we may contact you to ensure that you have authorised such access. Under no circumstances will your email, password, any personal financial data be collected by or shared with Google Analytics.


5. Access Your Information

Your personal information is yours. Under Indian law, you have the right to ask us for a readable copy of all your personal information stored with us.

If you have any questions about the accuracy or safety of your information, please do contact us at the address given below:

Nishant Prasad
Indiqube @ The Leela Galleria
3rd floor, No. 23, Old Airport Road
Bengaluru - 560008, India.
Email:


6. Disclosure of Information

Under no circumstances will we sell or rent your personal information to anyone, for any reason, at any time. Scripbox has taken best and reasonable steps to ensure prevention of any unauthorised disclosure of your sensitive personal information.

Disclosure for regulatory compliances: Scripbox will share your information with judicial, administrative and regulatory entities to comply with any legal and regulatory requirements.

Disclosures with your prior consent: If, at any time, you choose to utilise the integrated services of third party service partners through us, we will share your information with these third party service partners with your prior consent.

Disclosure for provision of Services: Scripbox will share your information with third party vendors of Scripbox as necessary for the provision of Services. Authorized third party vendors are bound by the same standards of data security practices and procedures as we are under law and contract. They are subject to the same penalties as we are for the unauthorised disclosure of your personal information.


7. Security Practices and Procedures

Scripbox follows industry best practices, using open and known principles when transferring and storing your data.

We believe the biggest threat to the security and privacy of your data is if someone – probably someone you know – gains access to any of your devices. Remember to keep your password safe and secret to prevent unauthorised access to your Scripbox account.

If you think that the security of your Scripbox account has been compromised, change your password and contact us immediately for further assistance.


8. How Your Information is Transmitted

Your data is transmitted between your device and our servers using HTTPS protocol for encryption. HTTPS is the technology used to create secure connections for your web browser, and is indicated by a padlock icon in your browser.

9. Our Legal Obligation to You

We are bound by the (Indian) Information Technology Act, 2000, and comply with all its provisions. Under Section 43A of the (Indian) Information Technology Act, 2000, Scripbox and all its vendors are obliged to maintain reasonable security procedures to safeguard your data.

Under Regulation 5 of the Information Technology (Reasonable Security and Procedures and Sensitive Personal Data or Information) Rules, 2011, we are obliged to provide every registered user of Scripbox with a readable copy of the personal information you have provided us.