These terms of use (“Terms and Conditions”) mandate the terms on which You and other users (“Users”) may access and register on the website www.numbr.in and/or the mobile application “Numbr” operated and managed by Ovest Technologies Private Limited (“Company” or “We” or “Us”), collectively referred to as the “Platform”.

Please read these Terms and Conditions and our Privacy Policy carefully before registering on the Platform or accessing any material or other information through the Platform. By visiting the Platform, you are agreeing to be bound by these Terms and Conditions and the Privacy Policy. The Company retains an unconditional right to modify or amend these Terms of Use without any requirement to notify you of the same. You can determine when these Terms of Use were last modified by referring to the ‘last updated’ legend above. It shall be your responsibility to check these Terms of Use periodically for changes. Your continued use of the Platform following any modification or amendment of these Terms of Use shall signify your consent to the changes and your agreement to be legally bound by the same.

I. The use of this Platform is subject to the following terms of use:

You understand and accept that the Company maintains the Platform to facilitate mutual fund and general investment-related activities.

You also accept that visitors to the Platform are required to read the below terms, and use of the Platform constitutes your acceptance and agreement to be bound by such terms, and the changes therein to the Terms from time to time, relating to your usage of the website as communicated or made available on the website.

You are aware and accept that all information, content, materials, products (including, but not limited to text, content, photographs, graphics, video and audio content) on the Platform is protected by copyright either in the favour of the Company or third parties from whom the appropriate permissions have been taken under applicable copyright laws and is also protected otherwise under general intellectual property law.

You understand and accept that all information, except your personal information and other data submitted by you for the purposes of transacting on the mutual fund units, through the Platform shall be deemed the property of the Company, and the Company shall be free to use any ideas, concepts, know-how or techniques provided by you at the Platform, in any manner whatsoever. On initiating a contact through the Platform you agree to be contacted by the Company or any other entities with whom the Company has entered into an arrangement.

You agree that you 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 the Platform, except that which you may download for your own personal and non-commercial use.

You agree that you will not use the Company’s website for any purpose that is unlawful or prohibited by these Terms. You also agree you will not use the Platform in any manner that could damage, disable or impair the Platform or interfere with any other party’s use, legal rights, or enjoyment of the website.

You acknowledge that the software and hardware underlying the Platform as well as other Internet related software which are required for accessing the Platform are the legal property of the respective Vendors. The permission given by the Company to access the Platform will not convey any proprietary or ownership rights in the above software/hardware. You agree that you shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying the Platform or create any derivative product based on the software/hardware.

You understand and accept that not all the products and services offered on this Platform are available in all geographic areas and you may not be eligible for all the products or services offered by the Company. The Company reserves the right to determine the availability and eligibility for any product or service offered on the Platform.

You understand and accept that Company is/are not responsible for the availability of content or other services on third party sites linked from the Platform. 

You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by the Company in any way. The Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites.

The Company shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the Company to perform any of its obligations under these terms and conditions or those applicable specifically to its services/ facilities if performance is prevented, hindered or delayed by a Force Majeure event
(defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.

“Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company , including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/ failures or power shut down, faults or failures in telecommunication etc.

By using the services provided through this Platform, you shall be deemed to have accepted the Terms and Conditions herein including the amended terms and conditions published on the website.

II. Additionally by continuing using the Platform, You are confirming that:

You are 18 years of age or older.

A. You acknowledge and agree that you might use the Platform in order to use the Round-ups feature.  If you use the Round-ups feature, you agree to grant the Platform permission to access the SMS that is generated when you make a purchase transaction using any payment method.  This access enables the Platform to identify the transaction amount and Round-up it to the nearest ₹10.

You have understood and agreed to abide by the terms of the Investment Services Agreement and other service-specific agreements thereunder.

You have read and understood the Privacy Policy published on the Platform.

The information you provide when you register on the App is true and correct.

The Company, may contact you by phone and/or E-mail in connection with your registration.

III. Investment Services Agreement

A. You acknowledge that:

You have applied for an Investment Account after understanding the nature and scope of services (“Services”) provided by us, and you shall be bound by the detailed terms and conditions with respect to the investment account and the investments carried out or as the case may be investment advisory rendered therein.

B. Under this Agreement:

Platform’s obligations are to provide Services as below:

(i) Facilitate subscription and redemption of mutual fund units by transmitting money and instructions to the appropriate AMC, as per your instructions.

(ii) Securely and confidentially maintain a record of your personal information and financial transactions.

(iii) Promptly and efficiently respond to your queries relating to your online investment account.

C. Under this Agreement, your obligations are to:

Ensure that the money you invest is from your bank account (primary holder’s bank account in case of Investment Account held jointly), and the same is from legitimate sources and remitted through approved banking channels.

You also agree to keep your login credentials safe and secret. You further agree to promptly change your login credentials and inform the company of any actual or suspected unauthorized use of your login credentials.

You also agree to make an informed investment decision by reading the offer documents of the mutual fund schemes that you are investing in. Before investing, you shall seek independent financial planning, legal, accounting, tax or other professional advice.

D. You further acknowledge and agree to the following:

You are aware that the Company is an AMFI registered distributor of mutual funds (ARN-178038). If you buy a regular mutual fund, the Company may receive commissions from AMCs, details of which are available on the Mutual funds Website. The company is merely providing a platform to its users to facilitate the transaction of investments in mutual funds. 

Your Investment Account will be activated after the Company, or as the case may be the Asset management company, verifies your personal information in accordance with the Know Your Client (“KYC”) guidelines issued by the Securities and Exchange Board of India (“SEBI”).

The Company and the Platform does/do not, and is not obliged to, offer all mutual fund schemes for investment or as the case may be, all kind of investment advisory services. By limiting the number of schemes on the Platform, neither the Company nor the Platform makes any representation as to the quality, bona fides or nature of any AMC or mutual fund scheme, or any other representation, warranty or guaranty,
express or implied.

The data and information provided on the Platform does not constitute advice and shall not be relied upon by you while making investment decisions.

In case you violate this agreement, or any local or international laws, the company, at any time and at its sole discretion, terminate your Investment Account and/or prevent you from accessing the Platform and/or Services at any time and at its sole discretion.

The Company, may modify these terms at any time. Your continued use of the services will imply your acceptance of the changes.

E. Refund policy

Transactions will be completed only after successful transfer of money from the customer’s bank account registered with AMC.

Transactions once completed cannot be canceled by the customer.

With respect to investments in mutual funds, in case of successful transfer of money but the failure of the investment transaction, money would be refunded to the registered bank account by the AMC only.

F. You will not dispute or hold the company responsible for:

• Any act that is not an obligation of the Company in this Agreement;

• Any disclosures made by the Company to any statutory body under any law;
• Any loss, notional or otherwise, incurred because of delays either at the bank, NPCI, registrar and transfer agency and/or the AMC;
• Rejection of your instructions by the bank, registrar and transfer agency and/or AMC;
• Processing of instructions authenticated by your login credentials, nonavailability or non-accessibility of the Platform, telephone(s), or office(s) of the Company in case of circumstances beyond Platform’s control.

G. Governing laws

The laws of India shall govern this Agreement. All disputes are subject, firstly, to mediation, and then by Arbitration by a sole arbitrator appointed by the Company.

The venue of arbitration will be Bhubaneswar. Courts of Bhubaneswar shall have exclusive jurisdiction over the disputes arising out of this Agreement.

H. SEBI Caution

Investment in the securities market (including mutual fund investments) are subject to market risks, read all investments and scheme-related documents carefully.

For the purposes of this Agreement, the term “Offer Document/s” shall refer to a collective term for Offer Document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum, issued by the Asset Management Company that manages the mutual fund.

J. Confidentiality

Except for the purposes of performing its obligations under these terms and conditions and affecting the transaction contemplated herein, you, the Company shall keep confidential all non-public information provided to each other and shall not disclose such information to any third party except for such information which:

• is or becomes generally available to the public (other than as a result of a disclosure by a party);
• was available to a party on a non-confidential basis prior to its disclosure by the other party;
• becomes available to the party on a non-confidential basis from a third party, is not bound by the confidentiality contained herein or is not otherwise prohibited from transferring such information to such party;
• the party has permitted disclosure;
• a party is requested pursuant to, or required by, law, regulation, legal process or regulatory authority to disclose;
• is disclosed a party’s affiliates or to its and their respective employees and advisors (including legal advisors) who need to know in order to perform its obligations hereunder and who are informed of the confidential nature of such information.

K. Limitation of Liability, Indemnity, and warranty:

• In no event shall the Company, and/or the Platform be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this Platform or due to investments made using the Platform.
• You agree to indemnify the Company, and/or the Platform, its directors and employees for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to nonperformance and/or non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions.
• You warrant that all the details and information provided by you to the Company, and/or the Platform while using this Platform (including for the purposes of carrying out investments) shall be correct, accurate and genuine and the same shall be your proprietary. 

You further warrant that providing of such details and information in the Platform or sharing of the aforesaid details/ information shall not violate any third party right or the intellectual property right of the others.

• You hereby further acknowledge and agree that you may create a pool or selection of Mutual Funds (“Portfolio”) either for the purposes of subscription or otherwise (including for the purposes of your own analysis). While creating such a Portfolio, you shall be given an option to make the Portfolio created by you to be made or not to be made public. If opted to be made public, you acknowledge and agree that such Portfolio can be copied or used by the Company, and/or the Platform or the users of this Platform for the purposes of investment or otherwise disclosing your identity. In such cases, you shall not claim any royalty or other financial/monetary benefits or compensation from the Company, and/or the Platform or the users of this Platform.
• Notwithstanding whether you opt to make your portfolio public or non-public, you hereby specifically acknowledge and agree that you shall not have any proprietary right or intellectual property right over the choice, selection, idea or concept of pool of Mutual Funds in that Portfolio; and the Company, and/or the
Platform shall have the right to adopt or copy the Portfolio for its commercial and non-commercial use.
• Further, you (and all the users of this Platform) shall be solely responsible for any investment decision taken by it on the basis of the Portfolio created using this Platform or the system generated analysis of such a Portfolio; and the Company, and/or the Platform shall not be liable for any loss or damage caused to you or other users of this Platform due to such an investment decision, or any kind of reliance upon it. The Company, and/or the Platform specifically disclaim the accuracy of the analysis or data generated or reflected while creating such a portfolio.