1.1 This terms and conditions form an integral part of the services known as ‘Beyond Life services’ provided by FinPeace Technologies Pvt. Ltd. (“FinPeace”) to you (hereinafter referred to as User and/or its Deputy/Deputies). The User and/or its Deputy/Deputies is availing of the services agreed to be provided by FinPeace as contemplated under this Agreement and has also accepted the terms and conditions hereof, which forms the integral part / basis of the contract in respect of these services to be provided and the User and/or its Deputy/Deputies has familiarized himself/herself with the services which the User and/or its Deputy/Deputies is/are entitled to avail of.
1.2 The terms and conditions contained herein and also in Schedule ‘A’ hereto shall be binding on the User and/or its Deputy/Deputies appointed by the User and all the persons claiming through the User and/or its Deputy/Deputies and his/her legal heirs.
1.3 The User and/or its Deputy/Deputies is/are made fully aware of the entire range of services that are being offered under the present scope of services and no further intimation / information is required to be furnished to the User and/or its Deputy/Deputies about the services. The User and/or its Deputy/Deputies has/have familiarized himself/themselves with all the terms and conditions of the services and the services as offered. The User and/or its Deputy/Deputies confirms the correctness of the information that is provided by the User and/or its Deputy/Deputies to FinPeace from time to time including information as provided in the KYC form, if any. The User and/or its Deputy/Deputies is/are aware that if any false information is given and/or any misinformation is given, the same shall entitle FinPeace to be free of liabilities / obligations in respect of the services as availed of by the User and/or its Deputy/Deputies.
2.1 Pursuant to valid and proper authority and in accordance with applicable laws, the User and/or its Deputy/Deputies hereby appoints, entirely at his/her own risk, FinPeace to provide services as per scope of services set out herein and as revised/amended by FinPeace from time to time for and in respect of the Financial Assets in accordance with the provisions of these Terms and Conditions (as may be applicable and in force from time to time).
3.1 The User and/or its Deputy/Deputies represents and warrants that he/she/it is duly authorized, eligible and legally competent to enter into this contract and appoint FinPeace for rendering services as per scope of services.
3.2 The User and/or its Deputy/Deputies hereby warrants and represents to FinPeace that the financial assets as disclosed to FinPeace upon execution hereof, absolutely belongs to him/her/it and there is no encumbrance on the same, of whatsoever nature and encumbrance on financial assets if any have been disclosed to FinPeace so as to enable FinPeace to advise the User and/or its Deputy/Deputies taking into consideration such encumbrance.
3.3 The User and/or its Deputy/Deputies warrants that all information which he/she/it has provided to FinPeace in relation to his/her/its status, including in particular his/her/its residence and domicile for taxation purpose, is complete and correct and agrees to provide any further information, if required by any competent authority or FinPeace. The User and/or its Deputy/Deputies hereby agrees and undertakes to notify FinPeace forthwith by uploading the details thereof on the account of the User and/or its Deputy/Deputies on the portal if there is any change in any such information provided.
3.4 FinPeace shall deal exclusively with the User and/or its Deputy/Deputies in respect of these Terms & Conditions and shall, under no circumstances, recognize or take cognizance of any privity of contract between the User and any other person, or entity in respect of this contract except dealing with the Deputy/Deputies as appointed by the User upon the demise of the User.
3.5 The User and/or its Deputy/Deputies understands and agrees that the services provided by FinPeace to the User and/or its Deputy/Deputies are not deemed to be exclusive, FinPeace being free to render other services.
3.6 In the event of any change including change in identity by change of name and / or residential status of the User and/or its Deputy/Deputies during the currency of this contract, it shall be the duty of the User and/or its Deputy/Deputies to keep FinPeace duly informed of such a change. FinPeace shall seek advice or appropriate directions where required, from competent authority, under the applicable laws with regard to the continuation of this contract and other agreements with the User and/or its Deputy/Deputies, if any affected by such a change under the applicable law.
3.7 The User and/or its Deputy/Deputies understands and agrees that by providing its services under this Agreement, FinPeace shall not be the Executor or the Trustee of the User and/or its Deputy/Deputies. The services agreed to be rendered by FinPeace is to be advisory in nature as per scope of services set out herein and FinPeace is not liable to undertake any steps for collecting and/or transferring and/or preserving the assets of the User.
3.8 FinPeace does not guarantee or expressly make any representations save and except as disclosed herein. Further, the services as offered by FinPeace are only in respect of financial assets as defined herein and as agreed by FinPeace from time to time.
3.9 FinPeace will not be liable to render services if there is no mention made in respect of any financial asset.
3.10 FinPeace will not be liable to provide services, if there is any litigation or dispute in relation to the financial assets for which any of the services are provided or agreed to be provided by FinPeace either during User and/or its Deputy/Deputies life time or after his death.
3.11 The advice that will be given by FinPeace will be based on the laws as prevailing at the relevant time as applicable.
3.12 FinPeace shall observe a high standard of integrity and fair dealing in all advisory involving the User and/or its Deputy/Deputies Assets.
3.13 FinPeace shall maintain appropriate records as FinPeace deems fit for rendering services as per terms hereof.
4.1 FinPeace shall provide services as per scope of services, the same may be modified under the sole discretion of FinPeace from time to time and such revisions shall be notified by FinPeace on its website. FinPeace shall at its own discretion render advisory services. All advice given by FinPeace shall be in accordance with the prevailing law practices and rules etc. It is expressly agreed and recorded that FinPeace shall not be liable and/or responsible for taking any steps for processing or transferring or preserving any of the Financial Assets of the User and/or its Deputy/Deputies and shall not follow up or pursue the same with any Insurance Company, Asset Management Company, Banks, Financial Institutions, Post Office, Broker, Agent or any other intermediary with regard to Financial Assets of the User and/or its Deputy/Deputies.
4.2 As part of the services, FinPeace shall apart from rendering services to the User and/or its Deputy/Deputies as per terms hereof, upon the demise of the User during the subsistence of this Agreement also provide to the Deputy/Deputies named by the User and/or its Deputy/Deputies, process for obtaining claim proceeds,as per scope of services forming part hereof.
5.1 Fees as defined by FinPeace from time to time shall be payable by the User and/or its Deputy/Deputies to FinPeace. If the User and/or its Deputy/Deputies requires any additional services which are mutually agreed between the parties or if any third party service is availed by FinPeace for rendering services to the User and/or its Deputy/Deputies with the consent of the User and/or its Deputy/Deputies then the fees/charges for the same shall be payable by the User and/or its Deputy/Deputies to FinPeace separately.
6.1 The details of Financial Asset shall be provided by the User to FinPeace upon accepting these terms and conditions through the Online platform provided by FinPeaceprovided that the Company shall not be liable for any error in non-disclosure by the User and/or its Deputy/Deputies in providing the details since advise will be provided by FinPeace based on the information provided by the User and/or its Deputy/Deputies to FinPeace and FinPeace shall not be liable or bound to verify the same. FinPeace shall for the purpose of advising take into consideration such information of Financial Assets as provided to FinPeace seven days prior to the advice being sought from FinPeace.
6.2 The User and/or its Deputy/Deputies shall for the purpose of availing services hereunder and providing information of FinPeace be provided with an online FinPeace Account and the User and/or its Deputy/Deputies shall be solely responsible for maintaining the confidentiality of his/her FinPeace Account User and/or its Deputy/Deputies ID and other login information. Further the User and/or its Deputy/Deputies shall be fully responsible for all activities that occur under or in his/her FinPeace Account.
6.3 The User and/or its Deputy/Deputies shall not transfer or assign the User and/or its Deputy/Deputies FinPeace Account to anyone else. The User and/or its Deputy/Deputies shall not share the User ID, password and all other login information with anyone.
6.4 FinPeace cannot and shall not be liable for any loss or damage arising from the User and/or its Deputy/Deputies failure to comply with the above requirements or conditions or any unauthorized access or use of the User and/or its Deputy/Deputies FinPeace Account including but not limited to by way of hacking etc.
7.1 The User who avails of services of FinPeace shall nominate a Deputy/Deputies in the manner prescribed by FinPeace to whom details of the Financial Assets of the User shall be disclosed in the event of unfortunate demise of the User.
7.2 The User should nominate minimum one and maximum two Deputy/Deputies so that if the person first nominated by the User pre-deceases the User, then the Service Provider provide the services to the second alternate Deputy named by the User.
7.3 It is agreed that FinPeace shall be entitled to verify the KYC & other details, if any of the Deputy/Deputies before rendering service to such Deputy/Deputies and satisfy itself regarding the same.
8.1 Neither FinPeace nor their officers, directors, users or agents shall be liable for damages caused by an act or omission, error in judgment or decline in the value of the Assets of the User and/or its Deputy/Deputies on account of implementation by the User and/or its Deputy/Deputies of any recommendation made by FinPeace.
9.1 FinPeace and every person employed or appointed by FinPeace shall not be responsible to any other person including an User and/or its Deputy/Deputies or officer of the User and/or its Deputy/Deputies, or to the User and/or its Deputy/Deputies for any loss or expenses resulting to such other person or to the User and/or its Deputy/Deputies due to insufficiency or deficiency of value of or title to any property or security acquired or the exercise of any discretion including voting rights and corporate actions on behalf of the User and/or its Deputy/Deputies or the insolvency or wrongful act of any debtor or any person under obligation to the User and/or its Deputy/Deputies or for anything done in good faith in the execution of the duties of its office or in relation thereto.
9.2 The User and/or its Deputy/Deputies shall indemnify and keep indemnified FinPeace from and against any charges arising out of payment of stamp duties or any taxes, including income tax and any other direct taxes and from and against all costs, penalty, interests, demands, charges and expenses incurred by or levied on FinPeace acting as an agent of the User and/or its Deputy/Deputies. FinPeace shall have a lien on the Assets of the Account of the User and/or its Deputy/Deputies and the return thereon for the purpose of indemnifying itself as aforesaid.
9.3 FinPeace shall not be liable to the User and/or its Deputy/Deputies for and the User and/or its Deputy/Deputies shall indemnify and keep indemnified FinPeace or its agents against all losses, costs, damages, claims, demands and expenses (including claims or other demands whatsoever which may be suffered, incurred or sustained by FinPeace as a result of any communication including Internet Communications effected between FinPeace and the User and/or its Deputy/Deputies and any other person whose authority has previously been notified to FinPeace in writing pursuant to this contract, whether or not such instructions were made with the User and/or its Deputy/Deputiess authority;
9.4 The User and/or its Deputy/Deputies shall indemnify and keep indemnified FinPeace from and against any charges arising out of payment of stamp duties or any taxes, including income tax and any other direct taxes and from and against all costs, penalty, interests, demands, charges and expenses incurred by or levied on FinPeace acting as an agent of the User and/or its Deputy/Deputies. FinPeace shall have a lien on the Assets of the Account of the User and/or its Deputy/Deputies and the return thereon for the purpose of indemnifying itself as aforesaid.
9.5 The User and/or its Deputy/Deputies shall indemnify and keep indemnified FinPeace from and against any charges arising out of payment of stamp duties or any taxes, including income tax and any other direct taxes and from and against all costs, penalty, interests, demands, charges and expenses incurred by or levied on FinPeace acting as an agent of the User and/or its Deputy/Deputies. FinPeace shall have a lien on the Assets of the Account of the User and/or its Deputy/Deputies and the return thereon for the purpose of indemnifying itself as aforesaid.
10.1 All services shall be rendered to the User and/or its Deputy/Deputies as per terms hereof shall commence from the effective date viz date on which user makes the payment.
10.2 The parties may renew this agreement by extending the terms thereof for such period as FinPeace may deem fit subject to subsistence of the Service Provider Agreement executed by FinPeace with Company/Individual User and subject to other terms thereof. Such renewal shall be effected in the manner as prescribed by FinPeace from time to time.
10.3 This Agreement shall be in force and effect for a period of 12months from the effective date either party terminate the same by giving 3 months prior written notice to the other.
10.4 FinPeace has right to terminate this contract if it has reason to believe that the conditions specified in this contract are not complied with or for any breach by the User and/or its Deputy/Deputies and/or in the event of FinPeace deciding to discontinue the services. FinPeace further has the right to terminate this Agreement if the User and/or its Deputy/Deputies is in breach of the representations and warranties as set out in above.
10.5 FinPeace can also terminate this contract without assigning any reason therefore but after giving minimum 30 days prior written notice to the User and/or its Deputy/Deputies. Provided, such notice shall not be required if the termination is for prevention of money laundering or such other illegal activities that FinPeace may reasonably suspect.
10.6 Where no person has been nominated by the User and/or its Deputy/Deputies under this contract or if the Deputy/Deputies pre-deceases the User and/or its Deputy/Deputies or is not willing to act as Deputy/Deputies of the User and/or its Deputy/Deputies and in the event of death, insolvency, dissolution or winding up of an User and/or its Deputy/Deputies during the currency of this contract, and on receipt of notice from the User and/or its Deputy/Deputies or successors/heirs, in writing of such an event, this contract shall ensure to the benefit of the successors/heirs. However, in that event, FinPeace shall not be liable to the User and/or its Deputy/Deputies at all including for breach of confidentiality.
10.7 The termination of this contract, in any manner whatsoever, shall not, in any manner whatsoever, affect or preclude the consummation of any transaction initiated by FinPeace prior to its receipt or transmission of the notice of termination (or, if FinPeace continues to act until selection of the successor by the User and/or its Deputy/Deputies, any transaction initiated during the period during which FinPeace so continues to act), in which case all of the terms and conditions of this contract shall apply to such transaction.
10.9 The User and/or its Deputy/Deputies shall not assign this contract or any benefits hereunder to a third party without the prior written consent of FinPeace.
1.1 “Act” shall mean the Securities and Exchange Board of India Act, 1992 and all rules regulations, guidelines, orders thereunder as amended from time to time.
1.2 “IT Act” shall mean Information Technology Act, and all Rules, Regulations, Guidelines, Orders thereunder as amended from time to time.
1.3 “Agreement” shall mean this Agreement and any Schedule forming part of the Agreement, Appendix or Schedule attached thereto.
1.4 “Financial Asset” shall mean financial assets as set out in Schedule “C” hereto.
1.5 “Effective Date” shall mean the date of execution of this Agreement.
1.6 “FinPeace” means FinPeace Technologies Pvt. Ltd.
1.7 “Regulations” shall mean Securities and Exchange Board of India Regulations, 1993 as amended from time to time.
1.8 “Rules” shall mean Securities and Exchange Board of India Rules, 1993 as amended from time to time.
1.9 “Schedule(s)” Schedule shall mean, the schedule forming part of these Terms.
1.10 “SEBI” shall mean the Securities and Exchange Board of India.
1.11 “You”/”User and/or its Deputy/Deputies” shall mean all and any person/ party to this Terms and Conditions in their capacity as the User and/or its Deputy/Deputies.
1.12 “Your Portfolio” shall mean all the Financial Assets as informed to us by you.
1.13 We/Us shall mean “FinPeace Technologies Pvt. Ltd.” and its successors and assigns.
1.14 Deputy/Deputies shall mean person/persons appointed/nominated by user to receive records/information/printouts/output as entered/ updated and uploaded by the user in FinPeace application.
1.15 Deputy/Deputies may or may not be the legal heirs of the user. Deputy/Deputies may or may not be the appointed nominee on one or more of the financial assets entered/updated by the user.
2.1 Unless otherwise provided or unless the subject or context otherwise requires, the following terms shall be interpreted as the terms and conditions as under:
2.2 Clause and paragraph headings are inserted for ease of reference only and shall not affect the interpretation of these terms and conditions References to Clauses and Recitals shall be construed as references to Clauses or Recitals of these terms and conditions, unless specified otherwise.
2.3 Words denoting one gender include all genders; words denoting company include body corporate, corporations and trusts and vice versa; words denoting the singular include the plural; and words denoting the whole include a reference to any part thereof.
2.4 Reference to these terms and conditions to any document, security or agreement includes reference to such documents, security or agreement as amended, novated, supplemented, varied or replaced from time to time.
2.5 References to these terms and conditions/contract shall mean reference to these terms and conditions together with its recitals and the forms annexed hereto along with any schedules executed by the parties which would form part of the terms and conditions and any/or alteration made by executing an addendum.
2.6 The words “including”, “include” and “in particular” shall be construed as being by way of illustration only and shall not be construed as limiting the generality of the preceding words.
2.7 Heading, sub-heading and bold typeface are only for convenience and shall be ignored for the purposes of interpretation.
2.8 Reference to any legislation or law or to any provision thereof shall include references to any such law as it may, after the date hereof, from time to time, be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
2.9 Any term or expression used but not defined herein shall have the same meaning attributable to it under the applicable law.
2.10 References to the User and/or its Deputy/Deputies shall include the references to his heirs, successors, transferees, assigns and administrators.
3.1 FinPeace undertakes advisory services for other User and/or its Deputy/Deputies
3.2 Any of FinPeace’s directors or User and/or its Deputy/Deputies, is a director of, holds or deals in securities of, or is otherwise interested in any company whose securities are held or dealt in on behalf of the User and/or its Deputy/Deputies;
3.3 The advisory is in respect of which FinPeace may benefit from a commission, fee payable otherwise than by the User and/or its Deputy/Deputies, and/or FinPeace may also be remunerated by the counterparty to any such transaction;
3.4 FinPeace may act as an agent for the User and/or its Deputy/Deputies in relation to transactions in which it is also acting as an agent for the account of other User and/or its Deputy/Deputies;
3.5 FinPeace may have regard, in exercising its advisory discretion, to the relative performance or other funds under its management;
3.6 The User and/or its Deputy/Deputies hereby takes note of the potential conflict situations and confirms that notwithstanding this, FinPeace is authorized to make investments/disinvestments on behalf of the User and/or its Deputy/Deputies and manage its portfolio in accordance with the Investment Guidelines, whether or not such investment/disinvestments involves a conflict as aforesaid.
3.7 FinPeace shall not be responsible of liable for the personal fraudulent actions of the User and/or its Deputy/Deputies.
3.8 User and/or its Deputy/Deputies shall also follow all policies and guidelines as disclosed by FinPeace on website or otherwise given to him/them.
The terms and conditions of this contract, and all information and recommendations furnished by FinPeace to the User and/or its Deputy/Deputies, shall be treated as confidential by the parties, and shall not be disclosed to third parties except as provided for in herein and except as required by applicable laws, Rules or Regulations, and in response to appropriate requests of regulatory authorities, or as otherwise expressly agreed to in writing by the parties. However, FinPeace shall be entitled to disclose the information relating to the financial asset of the User to the Deputy/Deputies. FinPeace shall be entitled to disclose the information relating to the financial asset of the User to the legal heirs of the User upon the demise of the User at its sole discretion.
5.1 FinPeace will treat all information of the User and/or its Deputy/Deputies as private and confidential (even when he/she/it is no longer the User).
5.2 Nothing about FinPeace, the User and/or its Deputy/Deputies relationship or the User and/or its Deputy/Deputies’s name and address will be disclosed to any third party without the User and/or its Deputy/Deputees’s permission, unless: FinPeace is legally compelled or it is the public interest to do so; or it is in FinPeace ’s interests to do so (e.g. to protect FinPeace from or to recover loss); or it is for any of the purposes specified elsewhere of in this Agreement or otherwise in connection with this Agreement, or with any of its group companies to enhance the service level to cross sell any of its products and/or services.
5.3 Members of FinPeace and other companies may use the record of credit searches and any other information held by the agencies if credit decisions are made about the User and/or its Deputy/Deputies, or other members of his/her household or any associate. Any of this information may also be used for identification purposes, debt tracing and the prevention of money laundering as well as the management of the User and/or its Deputy/Deputies account.
5.4 To prevent or detect fraud and to assist in verifying the User and/or its Deputy/Deputies identity, FinPeace may exchange information with other members of FinPeace and make searches of records held at fraud prevention agencies who will supply such information. FinPeace may also pass information to financial and other organizations involved in fraud prevention to protect itself and its customers from theft and fraud. If false or inaccurate information is provided and FinPeace suspects fraud, FinPeace will record this.
5.5 Members of FinPeace may record, use, exchange, analyze and assess relevant information held about the User and/or its Deputy/Deputies and his/her/its relationships with other members of FinPeace, including nature of the transactions, for credit assessment, market research, insurance claims and underwriting purposes and in servicing the User and/or its Deputy/Deputies relationships with FinPeace. This may include any information provided by the User and/or its Deputy/Deputies or someone acting on his/her/its behalf about the User and/or its Deputy/Deputies, which is relevant to the relationship with FinPeace. Relevant information may be used or disclosed as part of the disposal or reorganization or the granting of security interests or encumbrances over the whole or any part of FinPeace’s/an associate’s business or assets or the transfer or securitization of any rights or obligations. Relevant information may also be exchanged with FinPeace if required by appropriate governmental and non governmental regulators or ombudsmen. FinPeace may also be obliged to disclose information to other third parties outside FinPeace where any part of FinPeace is required to disclose to any governmental or judicial bodies or agencies or regulators in any jurisdiction throughout the world including the SEBI to which such part of FinPeace is subject from time to time. FinPeace aims to keep the User and/or its Deputy/Deputies information up-to-date. Wherever it is processed, the User and/or its Deputy/Deputies information will be protected by a strict code of secrecy and security, which all members of FinPeace, their staff and any third parties are subject to and will only be used in accordance with FinPeace’s instructions.
5.6 To ensure that the User and/or its Deputy/Deputies’s instructions are carried out accurately, to help FinPeace improve its services continually and in the interests of security, FinPeace may monitor and/or record telephone calls and e-mail communications between the Parties.
5.7 To ensure compliance with the guidelines in respect of prevention of money laundering and in furtherance of the Know Your Customer policy FinPeace may require the User and/or its Deputy/Deputies to submit appropriate proofs of identification, provide other information relating to the User and/or its Deputy/Deputies’s funds and may also need to make and retain photocopies of such proofs including of passports, driving licenses, other identification evidence or any information provided by the User and/or its Deputy/Deputies.
5.8 If FinPeace receives a request from another financial services institution to verify the User and/or its Deputy/Deputies’s identity for money laundering prevention purposes, such information may be provided without reference to the User and/or its Deputy/Deputies.
5.9 The User and/or its Deputy/Deputies confirms that he/she/it has read and understands and agrees to the processing of information as described above. Subject to applicable law, individuals may have the right to request access to personal data and require personal data to be corrected if inaccurate in certain circumstances. The User and/or its Deputy/Deputies acknowledges and agrees (on his/her/its own behalf and duly authorized on behalf on any third party whose details have been supplied) that the processing (including disclosure) of information described above is necessary or desirable for the provision of relevant services and the operation of FinPeace’s business or performance of its rights and obligations owed to the User and/or its Deputy/Deputies or a third party.
5.10 The User and/or its Deputy/Deputies further agrees and understands that FinPeace shall not be responsible for the misuse or exploitation of the information/ data/ confidential information which he/ she/ it has provided to FinPeace under this Agreement.
It is understood that the advice that is given by FinPeace is based on the best available information and any risk or loss, if any which User and/or its Deputy/Deputies may incur would be at his / her risk.
7.1 All instructions are to be given in writing either by hand delivery or by post. For such instructions to be binding on FinPeace. Any instruction as given by e-mail shall be acted upon by FinPeace provided that the same is subsequently confirmed by a letter in writing. FinPeace may in its sole discretion accept instructions viz. fax, telephone, email and or other medium of communication regarding anything pursuant to this contract subject to the same being then confirmed in writing as above.
7.2 Any query relating to a contract note or other written communication sent to the User and/or its Deputy/Deputies must be raised immediately upon its receipt. Any statement, notice, document and/or other communication which FinPeace is required to or may send to the User and/or its Deputy/Deputies under this contract will be sent by post to the permanent postal address provided in FinPeace application or to such other address as may have subsequently provided or sent by fax or other electronic means to the last known fax number or e-mail address provided by the User and/or its Deputy/Deputies. If posted, it will be deemed to have been received or served within five business days of posting. If sent by fax or electronic means, it will be deemed to have been in writing and to have been sent or served at the time of transmission. If applicable, service on any one of you is deemed to be service on all of you.
7.3 The User and/or its Deputy/Deputies agrees, acknowledges and undertakes:
7.4 that it is not possible to completely secure and maintain confidential Internet Communications (whether encrypted or not) and accordingly that the confidentiality, security and integrity of any Internet Communications cannot be assured;
7.5 not to send or transmit any Internet Communications which contain a virus or other media damaging to FinPeace’s property or computer systems or which may be defamatory, libelous, slanderous, obscene, abusive, offensive, menacing or immoral and to abide with all relevant laws, regulations and international conventions or treaties governing the content of and the transmission of such Internet Communications.
7.6 FinPeace can send communication via email, short messaging service, notifications to the deputy/deputies appointed by the User
7.7 FinPeace shall accept requests only from registered email id and registered mobile no. of User and/or its Deputy/Deputies. Any liability arising out of the loss of mobile phone, email id getting hacked is the responsibility of the User and/or its Deputy/Deputies.
7.8 It is the responsibility of the User and/or its Deputy/Deputies to update their registered email id & registered mobile number with FinPeace in case of any change.
7.9 FinPeace shall not be held responsible by the User and/or its Deputy/Deputies if FinPeace acts on the basis of any false communication by the User and/or its Deputy/Deputies. The User and/or its Deputy/Deputies shall accept that any false communication is a criminal offence and can be challenged in the court of law.
8.1 FinPeace shall not be in breach of this contract if there is any loss or damage, and shall not be liable or responsible for any loss or damage, incurred by the User and/or its Deputy/Deputies as a result of, any total or partial failure, interruption or delay in performance of its duties and obligations occasioned by any act of God, fire, act of government, state, governmental or supranational body or authority or any investment exchange and/or clearing system, war, civil commotion, terrorism, failure of any computer dealing system, interruptions of power supplied, labour disputes of whatever nature or any other reason (whether or not similar in kind to any of the above) beyond FinPeace’s control.
8.2 FinPeace shall as soon as reasonably possible intimate the User and/or its Deputy/Deputies of the force majeure, the nature of the damages/breach and the steps taken by FinPeace to remedy the same.
Any Income tax and other direct tax liability on the investments, funds, and yields therefrom shall be borne and paid by the User and/or its Deputy/Deputies. FinPeace does not take any responsibility for any matters relating to the income tax filings or assessments of the User and/or its Deputy/Deputies. The User and/or its Deputy/Deputies is advised to consult his/her/its own tax advisor with respect to the specific tax implications arising out of his/her/its investments.
10.1 All disputes, differences, claims and questions whatsoever, which may arise either during the subsistence of this contract afterwards between the parties hereto and/or their respective representatives touching these presents or any clause or anything contained herein or otherwise in any way relating to or arising from these presents or the interpretation of any provision contained herein shall be in the first place settled by mutual discussions between the parties, failing which the same shall be referred to and settled by arbitration in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force to a sole Arbitrator appointed by FinPeace. The arbitration shall be held in Mumbai and conducted in English language.
10.2 The Courts in Mumbai shall have exclusive jurisdiction to try and entertain the disputes, if any, in respect of this Agreement.
11.1 This contract shall be governed and construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the courts at Mumbai.
11.2 FinPeace has formulated this Portfolio in accordance with the Regulations, Rules and other guidelines of SEBI, and other concerned authorities subject to modification to the extent required by any applicable law, regulation, rule or guideline. This contract and the rights and liabilities of the parties shall always be subject to the Act, the Regulations, the Rules and guidelines of SEBI and other concerned authorities.
Where the User and/or its Deputy/Deputies has/have any grievances, he/she should promptly notify the same to FinPeace in writing giving sufficient details to enable FinPeace to take necessary steps. FinPeace, on receipt of any such grievances, shall take prompt action to redress the same.
FinPeace shall not be under any liability on account of anything done or omitted to be done or suffered by the User and/or its Deputy/Deputies in good faith in accordance with or in pursuance of any request or advice of the investments made by FinPeace or any agents.
This contract (including without limitation the Appendices hereto) sets forth the entire and exclusive understanding of the parties and supersedes and cancels any and all prior agreements between the parties, whether written or oral, relating to the investment management of the Account or of any other assets of the User and/or its Deputy/Deputies. Unless otherwise provided for herein, this Agreement may not be modified, amended, rescinded, or waived, in whole or part, except by a written instrument signed by duly authorized representatives of both parties. No provision of this contract shall be construed so as to violate, or so as to cause either party to violate the applicable provisions of the SEBI Rules & Regulations or any other Central or State Securities or other laws, rules, regulations or orders.
No forbearance, indulgence or relaxation or inaction by FinPeace at any time, to require performance of any of the provisions of this Agreement shall, in any way, affect, diminish or prejudice the right of FinPeace to require performance of that provision thereafter and any waiver or acquiescence by FinPeace of any clause of this contract shall not be construed as a waiver or acquiescence of any continuing or succeeding breach of such provision or a waiver of any right under or arising out of such provision, or acquiescence to or recognition of rights and/or position other than as expressly stipulated in this contract. No delay or failure on the part of FinPeace in exercising any rights hereunder and no partial or single exercise thereof will be deemed to constitute a waiver of such right or any other rights hereunder. No waiver shall be valid unless it is in writing and signed by FinPeace.
All remedies of either party under this contract whether provided herein or conferred by statute, civil law, common law, custom, trade or usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any provisions of this contract, or the application thereof to any person or circumstance, is held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the remainder of this contract and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this contract shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of this contract shall be replaced with a provision, which is valid and enforceable and most nearly reflecting the original intent of the unenforceable provision.
None of the provisions of this contract shall be deemed to constitute a partnership between the parties hereto and no party shall have any authority to bind the other party or shall be deemed to be the agent of the other in any way, otherwise than under this contract.
19.1 The parties hereby agree that all terms, requirements, or restrictions, and other provisions of this contract are fair and reasonable, and shall be enforceable in a court of law.
19.2 Where the due date for any payment to the User and/or its Deputy/Deputies from FinPeace under this contract falls on a Saturday, Sunday or a holiday under the Negotiable Instruments Act, 1881, if any, the same will be made on the next working day.
20.1 All mail and notice from FinPeace to the User and/or its Deputy/Deputies shall be sent to the User and/or its Deputy/Deputies’s last known address, as in existence in the records of FinPeace. All mail and notices from the User and/or its Deputy/Deputies to FinPeace shall be sent to the address stated in the FinPeace Application.
20.2 In order to be effective, the User and/or its Deputy/Deputies’s notification to FinPeace regarding change of address etc. must be lodged at least 30 (thirty) days before the date on which any payment from FinPeace to the User and/or its Deputy/Deputies falls due.
21.1 To the extent permissible by law, FinPeace may delegate any of its functions under this contract to an agent and may provide information about the User and/or its Deputy/Deputies and the Account to any such agent. FinPeace will act in good faith and with due diligence in its choice and use of such agents.
22.2 FinPeace shall however not be liable to the User and/or its Deputy/Deputies for any acts of such agent. Without prejudice to the generality of the above clause(s), FinPeace may employ agents to perform any administrative, accounting, dealing, custodial and ancillary services required for performing its services under this contract.
Define & Organize financial documents, medical records, educational qualifications & personal documents in an e locker made available on a mobile based application
FinPeace shall not be responsible to authenticate whether the data entered or updated in FinPeace application matches with the documents/records uploaded, scanned and updated.
In case of untimely demise of a User, the Deputy/Deputies appointed by the User on FinPeace application shall get assistance as under:
Provide records/information as entered/updated by the user in FinPeace application. Provide process notes to the best of their knowledge & understanding which may or may not be applicable/updated at that point in time; to apply for transfer or transmission of financial assets as entered/updated by the user. FinPeace shall provide process notes of only those financial assets as covered by Terms and Conditions for Beyond Life services.
Deputy/Deputies shall mean person/persons appointed/nominated by user to receive records/information/output as entered/ updated and uploaded by the user in FinPeace application. Deputy/Deputies may or may not be the legal heirs of the user. Deputy/Deputies may or may not be the appointed nominee on one or more of the financial assets entered/updated by the user. Deputy/Deputies has to independently evaluate the process through the local offices of financial institutions/banks/asset management companies/fixed deposit companies/post office/insurance companies/Broker and consult local lawyer for legal requirements.
FinPeace should not be misconstrued as representing a notary, gazetted officer, lawyer or a legal authority. All documents/process notes shall be sent by email only to the registered email id of the Deputy/Deputies. It shall be the responsibility of User and/or Deputy/Deputies to update the correct email id, mobile number & related information. FinPeace shall not take any responsibility to authenticate the above details shared by User and/or Deputy/Deputies.
In case of demise of the User, FinPeace shall act on the communication from the registered mobile number or registered email id of the Deputy/Deputies appointed by the User List of Financial Assets for which services shall be rendered by FinPeace:
6.Post office savings scheme
1.1 The Client who subscribes for any of the services of FinPeace beyond life agrees that subscription charges (including taxes etc.) paid are non-refundable including in case of deactivation, unsubscribing the services or in any other circumstances. Refund Policy in case of Free Trial
1.2 Upon your Subscription of Beyond Life Service, client/user will not be billed for the free trial period, if applicable to them. During the free trial period of subscription of Beyond Life Service he/she will not be eligible for any refund in case of any network problem, breakdown of machinery, unclear network, disruption in the network and/ or payment gateway errors. Any dispute in connection to the above shall be settled between the client/User(s) and the telecom/mobile operator/ the concerned bank/ credit card/ payment gateway directly, without involving Company.
1.3However, client should inform the customer service team of FinPeace about the defective content/ technology issue etc. so that the Company takes effective measures to ensure that the defect doesn’t continue after the end of free trial period.