Terms of use

1. ABOUT WEALTHY.IN PLATFORM

Buildwealth Technologies Private Limited (hereinafter referred to as company) with CIN U74900KA2015PTC082357 having registered office at PN Plaza, 1090/B, Ground Floor, 18th Cross, 3rd Sector, HSR Layout, Bengaluru - 560 102 operates and maintains the platform Wealthy.in (website and mobile apps hereinafter referred collectively as Wealthy.in). The platform provides content and tools to users to manage their Wealth. The platform also provides investment account and execution services across different investment products on behalf of WealthyIn Customer Services Private Limited (hereinafter referred to as WealthyIN) with CIN U74900KA2015PTC083474 and ARN 106846. The company is also engaged in the business of corporate agency with COR number CA0711 and also undertakes marketing, sales and support services for WealthyIN.

2. SERVICES OFFERED ON WEALTHY.IN

  • Content and insights on personal finance.
  • Tools to track and consolidate mutual fund and stock market investments.
  • Investment account from WealthyIN to allow purchase of mutual funds, fixed deposits and other market linked securities.

The company is not an account aggregator and consolidates existing investments of a user basis the consolidated account statement shared by the user. Further, WealthyIN is not an investment advisor and any recommendation offered by the AMFI registered mutual fund distributor is incidental to the business.

3. PORTFOLIO TRACKER

Portfolio tracker is a tool, offered by the Company, which enables User to track their mutual fund and stock investments basis the CONSOLIDATED ACCOUNT STATEMENT made available to the user by CAMS/KARVY and NSDL/CDSL respectively.

In order to avail this facility, user can either forward the statements to designated email IDs (customer.support@wealthy.in) or give consent to Wealthy.in to read statements from the user's Gmail account as per the Google API user data policy.

The information/reports provided in the Tracker section is a mere summary of the information contained in the consolidated account statements. The Company will parse the statements, on a best effort basis and does not guarantee that all information is completely accurate. The Company does not also guarantee accuracy or completeness of the information/analysis or provide any assurance specific solutions/reports/ analysis etc.

4. INVESTMENT ACCOUNT

The user, as and when they decide to execute a transaction, agrees to open an investment account with WealthyIN in accordance with the Terms & Conditions of specific investment products and services offered by WealthyIN. Neither the company nor WealthyIN are engaged in the business / service of providing investment advisory services.

5. USE OF WEALTHY.IN

The Company and WealthyIN provide opportunity to the User to access and avail services and/or products offered on Wealthy.in subject to the User signing-up, after carefully reading, accepting and agree to abide by the Terms of Use, Privacy Policy and other respective product related Terms and Conditions.

The Terms of Use, Privacy Policy and product related Terms and Conditions shall be modified, at any time, at the sole discretion of the Company/WealthyIN without any prior intimation to the User. The revised/modified version of the same shall be posted on Wealthy.in. It is the User's responsibility to review the same on a regular basis. By accessing and continuing to use Wealthy.in, it is deemed that the User has understood and agreed to the revised version.

In case, the User disagrees or if any of the Terms of Use, Privacy Policy and disclaimers is not acceptable to the User, the User is free to not register and avail the service from the Website/ App.

In the event of any inconsistency between the Terms of Use and the Privacy Policy, the provisions under the Terms of Use shall supersede the terms of the Privacy Policy.

These Terms of Use should always be read in conjunction with the Privacy Policy.

In case the User notices any inaccuracies or errors, the User is encouraged to please inform the Company and/ or WealthyIN in writing so that necessary corrections/ updations can be done.

6. AGREEMENT

These Terms of Use, Privacy Policy and respective Product specific Terms and Conditions read together of Wealthy.in shall constitute a legally binding agreement between User and the Company regarding availing the product and /or services through Wealthy.in.

7. TERMS OF USE

By downloading the app and/or registering on the app/website and/or accessing the platform and/or by submitting details on the platform and/or using any product/services/facilities offered on the platform, the User agrees and accept the following Terms of Use:

  • To provide all the necessary information to the Company and/ or WealthyIN and/or third party/vendors and/or to fulfil the regulatory requirements:
    1. At the time of registration
    2. As and when required by applicable Law
    3. Whenever there is any change in earlier provided information by the User.
  • Understands and agrees that the Company and/ or WealthyIN may appoint third party/vendors/service providers to carry out its obligations under these Terms of Use.
  • Understands and agrees that the Company may engage with third parties to promote Wealthy.in.
  • Understand and agree that Company may sub-contract or employ agents to carry out any functions or services relating to Wealthy.in or any of its obligations under the Terms of Use
  • Agrees that the Company and/ or WealthyIN may collect Personal Information of the User (as defined under Information Technology Act, 2000 read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011) and the Company and WealthyIN may use such information for providing appropriate services / products to the Users
  • Understands and agrees that the Company may share User's information (personal, transactional and behavioural) with WealthyIN / associates/ vendors / Service Providers/ business partners for promoting/offering its and/or their products and services or for analytics purposes.
  • Understands and agrees that the Company and/ or WealthyIN/ associates/ vendors/ business partners to record conversations with him/ her for any purpose but not limited to quality control, record retention. The Company will keep such records confidential
  • User understands that accessing, using and sharing User data obtained from Google will be governed by specific T&Cs mentioned in the Privacy Policy.

8. DISCLAIMER BY THE COMPANY

  • The product related Terms and Conditions are given in the respective product page.
  • The Company may provide various "Tools" or Analysis on Wealthy.in. Any output of such tools/analysis only for informational purpose and should not be construed as an investment advise. The Output is based on analysis by the Company / WealthyIN from information obtained from various sources, which the Company/WealthyIN believes to be true and correct. Such Output does not guarantee any specific performance/returns. The User should take his/her own decision to execute any transaction based on his risk profile, investment objective, financial status, etc. The Company assumes no responsibility for the accuracy or otherwise of the Output.
  • Access and use of the Wealthy.in is entirely at User's own risk.
  • The Company operates and offers the Wealthy.in strictly on a no-liability basis, with respect to any third-party product offered on Wealthy.in. The Company shall not be liable to User or any other third party for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure, Internet frauds or malfunction, or interruption/delay of business or due to any technology related risks) under any contract, negligence, strict liability or other Law or theory arising out of or in connection with the use or availing of such third party products or services or any contract or transaction entered into or executed in pursuance thereof (however arising, including negligence).
  • The company shall not be held liable for any loos or damage, directly or indirectly arising out of the use of or inability to use, access or avail of the Wealthy.in, any service or product or out of any breach of any warranty.
  • The Company shall not be liable for any damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
  • If any disclaimers or limitation of liability in the Terms of Use are held to be unenforceable, the maximum liability of the Company and / or WealthyIN to User shall not exceed Rs.500, even if the client has paid any higher amount.
  • To the extent possible, the disclaimers, limitations on liability and indemnities available to the Company under the Terms of Use shall mutatis mutandis extend and be available also to the alliance partners, vendors, WealthyIN providing products / services and such other service providers and its/ their respective directors, officers, employees, agents, successors, assigns, consultants, sponsors, affiliates, content providers and everyone involved in creating, producing, delivering or managing the Wealthy.in (or any part thereof). However, this clause shall not protect the aforesaid persons or extend to their obligations and liability to the Company or the Company's claims against them.
  • The Wealthy.in may provide referrals to third party content or links of third party websites/apps, including companies that have a relationship with the Company. Our decision to provide referral information to a third party or to pass on an offer made by a third party or to provide a link from Wealthy.in to a third-party website or app shall be for promotional, informational or educational purpose or as a convenience to the User. By clicking those Links, provided on the Wealthy.in, the User may be taken to other websites or apps without any prior intimation or indication of doing or having done so. The same shall not be construed as an endorsement of the third-party products, services, content, tools and information. These third-party links may not necessarily be screened or reviewed by the Company and hence, the Company and/ or WealthyIN do not, in any way, sponsor, certify or warrant the performance, operation, content or availability of such third-party links. User shall agree to all the Terms of Use, disclaimers clauses and be liable to copyright owners of the hyperlinks appearing on Wealthy.in which is independent in itself and not connected. User shall further indemnify and keep indemnified the Company, WealthyIN and associate companies and its employees, directors, representatives and keep them harmless from any dispute(s) that may arise due to a violation/breach(s) of the Terms of Use of such hyper link(s) by User.
  • User will be solely responsible for maintaining the confidentiality of the account that User create on Wealthy.in.
  • The information and views provided on Wealthy.in are based on information available and believed to be correct to the best of knowledge. Although due care has been exercised to verify the accuracy of the information, the Company assume no responsibility for the accuracy or for any loss arising out of any information contained therein.
  • The information and the contents on Wealthy.in are provided "as is," basis, unless otherwise specified, without any representation or warranty/guarantee of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose or completeness.
  • Wealthy.in systems are secured from hacking or unauthorised access even though the Company adopt security measures, which it considers appropriate. The Company shall not be responsible or liable for any loss or damage caused, directly or indirectly, as a result of this.

9. USER DECLARATION

  • He/she has read, understood and agrees to the Terms of Use, Privacy Policy and other Terms and Conditions including any amendments thereof from time to time.
  • He/she is eligible and competent to enter in to such an agreement with the Company.
  • User confirms that he / she has requisite knowledge and experience to understand the risks involved in transacting any product or service offered through Wealthy.in.
  • The detail provided by him/her, on Wealthy.in, are true and correct. User shall product any document/undertaking, as may be required by the Company/WealthyIN, for verification.
  • Update any personal details already provided to the company as soon as possible.
  • Keep log-in credentials safe and secured.

10. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS

The Company is the licensed owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on Wealthy.in. The respective entities (who is offering the concerned product./services) is the copyright owner or licensee of contents and/or information pertaining to such products on WealthyIN including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on Wealthy.in. All rights on Wealthy.in are reserved and User may not download and/or save a copy of Wealthy.in or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means - electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of the Company and WealthyIN (except as otherwise provided in the Terms of Use for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner which disparages or discredits the Company or its partners. However, User may print a copy of the information on the Website for User's personal use or records. Wealthy.in is for User's personal use. If User makes other use of Wealthy.in, except as otherwise provided above, User may violate copyright and other Laws of India and other countries and may be subject to penalties. The Company do not grant any license or other authorization to the User of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on Wealthy.in.

11. USER COMMUNICATIONS

By registering on Wealthy.in, providing the relevant details, and accepting these Terms of Use, implies that User has provided express consent to be contacted by the Company/ WealthyIN/ associates/ vendors / business partners (even though User may be in "National Do Not Call Registry") at the contact number, or electronic address provided by User while registering on the Wealthy.in or applying for any Product / Service through the App/Website. User further agrees to being contacted in any manner, including without limitation, SMS (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via Wealthy.in. Automated messages may be left on the answering machine or voice mail. To opt-out from such messages, click on Unsubscribe link on any such email you receive from us. We may continue to use your email address to notify you of any critical administrative or operational updates.

12. PROHIBITED ACTIVITIES

User shall not:

  • Restrict or inhibit any other person from accessing, using Wealthy.in.
  • Use Wealthy.in for any purpose that is unlawful in any jurisdiction or not permitted by the Terms of Use; modify, copy, distribute, transmit, display, perform, publish, licence, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, facilities, products or services obtained on or through Wealthy.in, except as permitted by the copyright owner or other right holder thereof.
  • Post, transmit and receive any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, without limitation, any information or statement constituting or encouraging conduct that would constitute sedition, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other Law.
  • Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Company and / or WealthyIN) or engage in spamming or flooding.
  • Post transmit any spam mails, information or software which contains a virus, Trojanhorse, worm or other harmful component.
  • Attempt to decompile or reverse engineer any of the software available on Wealthy.in. User will not make any attempt to hack into Wealthy.in or otherwise attempt to subvert any firewall or other security measure of Wealthy.in and if User becomes aware of any shortcoming in the security on Wealthy.in, User shall forthwith inform the Company in writing.

13. AUTHORITY

User irrevocably and unconditionally authorise the company and/ or WealthyIN to access all information relating to User, available on Wealthy.in, including:

  • Personal Information.
  • Information relating to access and use of Wealthy.in by the User.
  • Transactions entered by the User.
  • User behaviour.

Subject to the Privacy Policy, all information submitted on or via the Website/App shall be deemed to be and remain the property of the Company and/or WealthyIN; and either the Company or WealthyIN shall be free to use the same in any manner (including, but not limited to, usage of the data for prefill of the required information) amongst each other in order to provide service/products to the User.

14. INDEMNITY

User agrees and undertakes to defend, indemnify and hold harmless the Company and/ or WealthyIN/ Vendors/business partners/associates and its directors, officers, employees, from any and all claims, loss, liabilities, damages, costs, action, expenses or any liability that it /he/ she may suffer or subject to or incur, including reasonable attorneys' fees, arising in any way from:

  • Any violation of the Terms of Use by User.
  • Sharing, disclosing and transferring of the information with the Company or WealthyIN.
  • An illegal or unauthorised acts, omission or commission, fraud, negligence, delay in transmission/discontinuation of sharing of the information.
  • Misuse of the information.
  • Default on the part of the Company or WealthyIN.

15. TERMINATION

User acknowledges and agrees that the Company and / or WealthyIN may, at its sole discretion, without notice, suspend or terminate User ID, password or account or deny User access to all or part of WealthyIN, if:

  • User engages in any conduct or activities that the Company and/ or WealthyIN, believes in its sole discretion, violates any of the Terms of Use, rights of the Company and / or WealthyIN, or is otherwise inappropriate for continued access to the Platform.
  • It learns of User's death, bankruptcy or lack of legal capacity or of circumstances which impact User's credit worthiness.
  • Directions from regulatory/government bodies.
  • For any other reason which it thinks fit and proper.

16. CONFIDENTIALITY

The Company shall maintain the confidentiality of the User's Personal Information as per the Privacy Policy. The Company and / or WealthyIN recognize and acknowledge the value and importance of the protection of the User's information. The Company and WealthyIN shall exercise the same standard of care to protect the information from the User's that it exercises in protecting its own information. Further, the Company and / or WealthyIN will ensure that any third party, with whom the information is being shared, are under contractual obligations to protect the confidentiality of information of the Users of WealthyIN, and to use it only to provide the services to the extent as required under the agreement with the Company and / or WealthyIN.

17. GOVERNING LAW AND JURISDICTION

The Website, the App, the Terms of Use, all transactions entered on or through WealthyIN and the relationship between User and the Company and / or WealthyIN shall be governed by and construed in accordance with the Laws of India and no other nation. Without regard to the Laws relating to conflicts of Law. User and the Company and / or WealthyIN agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the App, the Terms of Use, any transactions entered into on or through WealthyIN or the relationship between User and the Company and / WealthyIN shall be subject to the exclusive jurisdiction of the competent courts located in the city of Bengaluru, India and User hereby accedes to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if the Company and / or WealthyIN so thinks fit, it may institute proceedings against User in any other court or tribunal having jurisdiction. The Company accepts no liability whatsoever, direct or indirect for non-compliance with the Laws of any country other than that of India. The mere fact that the Website or the App can be accessed or used, or any facility can be availed of in a country other than India would not mean that the Laws of such country would be applicable, and the Company/WealthyIN shall not comply with the same.

18. NOTICES

The Company and / WealthyIN may give notice to the User by e-mail/letter/telephone or any other means as deemed fit, to the address available in the Company's Records. If the document/communication is sent by email, the Company and / or WealthyIN shall be deemed to have duly communicated and delivered any communication or document to User if such communication or document is delivered to the User. The User may give notice to the Company, in writing/delivering by hand/email/post /internet./fax/other electronic means, at the address/email ID mentioned on Wealthy.in. The Company and / or WealthyIN shall also be entitled to act on the basis of any instructions received or purported to be received by it from User by such means. Documents which may be sent by electronic communication between the parties may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website/ App.

19. ARBITRATION

If any dispute arises between the User and the Company or WealthyIN (individually a "Party" and collectively "Parties"), in connection with validity, interpretation, implementation or alleged material breach of the Terms of Use, the Parties shall endeavour to settle such dispute amicably. In case of failure of the Parties to settle such disputes within 15 days, either Party shall be entitled to refer the dispute to arbitration. The arbitration shall be conducted by a sole arbitrator mutually appointed. In, case of disagreement (regarding the appointment of a sole arbitrator), the arbitration shall be conducted by three (3) arbitrators of which each Party shall appoint one (1) arbitrator and the third arbitrator shall be appointed by the two appointed arbitrators. The arbitration proceedings shall be conducted in New Delhi, India and the same shall be governed by the provisions of the Indian Arbitration & Conciliation Act, 1996, or any statutory modification as may be then in force. The language of arbitration shall be English.

20. NO WAIVER

The failure or delay of the Company and / or WealthyIN to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. No waiver on the part of the Company and / or WealthyIN shall be valid unless it is in writing signed by it or on its behalf. A waiver of any right or provision by the Company and / or WealthyIN on a particular occasion shall not prevent the Company from enforcing such right or provision on a subsequent occasion.

21. SEVERABILITY

If any provision of the Terms of Use shall be held to be invalid or unenforceable by reason of any Law or any rule, order, judgment, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and User, the Company and /or WealthyIN, the court, tribunal or regulatory or self-regulatory agency or body should endeavour to give effect to the parties' intentions as reflected in the provision to the extent possible. The validity of the remaining provisions and conditions shall not be affected thereby, and these Terms of Use shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.

22. LIMITATION

Notwithstanding any statute or Law to the contrary, but to the extent permitted by Law, any claim or cause of action arising out of or related to access or use of WealthyIN or the Terms of use must be filed within 3 months from such claim or cause of action arose failing which it shall be forever barred.

23. FORCE MAJEURE

The Company and/ or WealthyIN shall not be responsible for delay or default in the performance of their obligations due to any natural calamities, contingencies beyond their control including but not limited to war, civil disorder, arson, unavailability of any communication system, virus in the processes, computer hacking, computer crashes or acts of government /regulatory authorities.

24. NO AGENCY

The Terms of Use, Privacy Policy and Terms and Conditions and use of or access to Wealthy.in are not intended to create an agency, partnership, joint-venture or employer-employee relationship between User and Wealthy.in, the Company, WealthyIN, business partners, vendors and third parties except where otherwise specifically agreed or appointed.

25. MISCELLANEOUS

  • The clause headings in the Terms of Use are only for convenience and do not affect the meaning of any provision and shall not be taken into account in interpreting or limiting the scope of the provisions of the Terms of Use.
  • User must at his/her own cost:
    1. Provide for own access to the world wide web and pay any service fees, telephone charges and online service usage associated with such access; and
    2. Provide all equipment necessary for User to make such connection to the world wide web, including a computer and modem.
  • The content presented at the Website may vary depending upon User's browser version/limitations.
  • The Company shall ensure functioning of Wealthy.in on a best effort basis. However, User acknowledges and agrees that the Company has the right to monitor the functioning of Wealthy.in electronically or otherwise from time to time.
  • The Company reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms of Use.

26. GRIEVANCE REDRESSAL

Any complaints or concerns with regards to the content on the platform and/or comment and/or breach of these terms and/or to report any abuse of law, shall be immediately informed, with all the relevant details, to the designated Grievance Officer as mentioned below via in writing or through email to:

Mr Chitranjan Sharma (Customer Success & Support)

www.wealthy.in

customer.support@wealthy.in

PN Plaza, 1090/B, Ground Floor, 18th Cross, 3rd Sector, HSR Layout, Bengaluru-560102

We request User to please provide the following information in User's complaint:

  • Identification of the information provided by User.
  • Clear statement as to whether the information is Personal Information or Sensitive Personal Information.
  • User address, telephone number or e-mail address.