IST
Last updated onMonday, 03 October 2022
Place: Sikar
Welcome to SuperENivesh.com,This Website is owned and operated by SuperENivesh.com – by SuperYatra Online Private Limited, having its registered office at Nakshatra, Ground Floor, In Front of Rajendra Ayurvedic Hospital, Rani Sati Road, Sikar (Raj.) - 332001. By making any investment in mutual fundthroughSuperENivesh.comWebsite, you are agreeing to be bound by our terms and conditions for investors.
We are a Fintech platform and our mission is to deepen the engagement with the Investors or Clients by providing them a digital platform through Supernivesh.Com to invest in Mutual Funds, Commodities, IPO, Bonds/NCD, NPS, Insurance, AIF, NFO, PMS, Currencies and start Share Trading.
(The term “Other Security or Securities” under this document shall mean any of the security including Commodities, IPO, Bonds/NCD, NPS, Insurance, AIF, NFO, PMS, Currencies and SharesEXCEPT Mutual Funds).
This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button on this electronic contract, you are consenting to be bound by the terms and conditions of this Agreement. Please ensure that you read and understand all the provisions of this document before you start make investing in mutual fund using the SuperENivesh.com Website.
If you do not agree or accept any of the Terms and Conditions contained herein, then please do not use the SuperENivesh.com Website or make any investmentusing through the Supernivesh.Com.
If this document is not in a language that you understand, you shall contact SuperENivesh.com at the email info@superenivesh.com Failure to do so within 24 (Twenty-Four) hours from the time of receipt of this document and your acceptance of this document by clicking “I ACCEPT” button shall be considered as your understanding of this document.
1. Agreement to Terms
1.1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Investor”) and SuperENivesh.com – by SuperYatra Online Private Limited, doing business as SuperENivesh.com ("SuperENivesh.com",“we”, “us”, or “our”), concerning your access to Website as well as any other media form, media channel, mobile application related, linked, or otherwise connected thereto.
1.2. If you do not agree with all of these terms, then you are expressly prohibited from using the Supernivesh.Comor making investmentthroughSupernivesh.Comand you must discontinue use immediately.
1.3. Supplemental terms and conditions or documents that may be posted on the Supernivesh.Com from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
1.4. The information provided on the Supernivesh.Com is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Supernivesh.Com from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.5. The Investor shall provide their financial data and details only after getting agreed with the terms of use.Supernivesh.Com collets investor’s data in line with SEBI (Security Exchange Board of India) Norms, Mutual Fund Company’s Norms, and other applicable regulatory authority’s regulations.
2. Responsible Use and Conduct
2.1. In order to Making aninvestmentthroughSupernivesh.Com, you shall be required to provide certain information about yourself (such as identification, email, phone number, contact details, Bank account details, Pan Number, Aadhar Number etc.) as part of the account registration process. You agree that any information you provide will always be accurate, correct, and up to date.
2.2. You are responsible for maintaining the confidentiality of any login information e.g. User ID and Password associated with any account you use to access our Supernivesh.Com. Accordingly, you are responsible for all activities that occur under your accounts.
2.3. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
2.4. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
2.5. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
2.6. We have the right at our sole discretion to remove any content by you that, we feel in our judgment does not comply with this Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate.
2.7. We do not assume any liability for any content posted by you on SuperENivesh.com. However, any content posted by you using any open communication tools on Supernivesh.Com, provided that it doesn't violate or infringe on Supernivesh.Com copyrights or trademarks, becomes the property of SuperENivesh.com – by SuperYatra Online Private Limited.
3. Investment Account Registration
3.1. “Personal Information”:To access the Supernivesh.ComServices and to Make anInvestmentin Mutual Fund through Supernivesh.Com, you must register for an Investment Accounton our Website. To complete your Account registration, you must provide us with your full legal name, father’s name, mother’s name, address, phone number, a valid email address, along with nominee details, bank details, and any other information indicated as required in compliance with the SEBI, BSE, and RTA norms.
3.2. SuperENivesh.com may reject your application for an Account, or cancel an existing Account, if you furnished any incorrect or forged information and for any reason, at our sole discretion.
3.3. “Communication Data”: Investor shall provide Mobile Number and Personal Email Address,which are compulsory to get verified as when the investor wants to register for an Investment Account on Supernivesh.Com. This shall be the first step to creating an account with Supernivesh.Com.
3.4. “Acknowledgement”: You acknowledge that SuperENivesh.com will use your email address for opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to SuperENivesh.com and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with SuperENivesh.comcan only be authenticated if they come from your Primary Email Address.
3.5. “KYC Norms”: As per the SEBI and Other Applicable Norms, An Investor account must be KYC verified. Supernivesh.Com shall take your personal identification information along with your Pan Number, Aadhar Number and Bank Account Detailswith Central KYC Registryto verify the KYC status as it is mandatory by the SEBI before starting investmentin the Mutual Funds.
3.6. The investor agrees and acknowledges that he shall approve one-time mandate to ensure his SIP gets deducted from the linked or associated bank account with his Investment Account. A confirmation mail shall be sent to him for the same.
3.7. You are responsible for keeping your User ID and Password secure. SuperENivesh.com cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
4. Copyrights & Trademarks
4.1. All content and materials available on SuperENivesh.com, including but not limited to text, graphics, app name, code, images and logos are the intellectual property of SuperENivesh.com – by SuperYatra Online Private Limited, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this Websiteis strictly prohibited, unless specifically authorized by SuperENivesh.com – by SuperYatra Online Private Limited.
4.2. You must not use any part of the materials available on the Supernivesh.Com Platform for commercial purposes without obtaining a license to do so from us. If you print off, copy or download any part of the Platform in breach of these Terms and Conditions, your right to use the Supernivesh.Com will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.3. In order to make the Supernivesh.Com Services available to you, you hereby grant the Supernivesh.Com a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivate works of any content you upload or otherwise make available to the Website. Supernivesh.Com claims no further proprietary rights in your content.
5. Investor’s Representations
5.1. Toopen an Investment Account on Supernivesh.Comforusing the services of Supernivesh.Com, you represent and warrant that:
5.1.1. all Personal Identification Information or Registration Information you submit will be true, accurate, current, complete and best of your knowledge;
5.1.2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
5.1.3. you have the legal capacity and you agree to comply with these Terms and Conditions of this Agreement; and you are not a minor in the jurisdiction in which you reside;
5.1.4. you will not use the Supernivesh.Comfor any illegal or unauthorized purpose; and your use of the Site will not violate any applicable law or regulation.
5.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Supernivesh.Com (or any portion thereof).
5.3. You authorise Supernivesh.Com to suggest investment options based on the credentials and your profile. However, that investment options suggested by the Supernivesh.Com shall not guarantee profit or any gains on user’s investment in Mutual Funds.
6. Booking&Investment
6.1. To start investing in Mutual Funds and in other securities you have to create an investment account Supernivesh.Com website.A registered user shall only be allowed to invest in the Mutual Funds and other securities through Supernivesh.Com.
6.2. An order of sale or purchase of Mutual Funds placed through registered investment account shall only be considered by the Supernivesh.Com, and such requests shall be further processed in accordance with the sale or purchase requests made by the you.
6.3. When you process an order for the investment in Mutual Funds or in other Securities, the net applicable value of that Mutual Funds or Securities for that time shall be applicable, or as may be accepted by the respective Mutual Funds/Assets Management Company. Supernivesh.Com shall not in any case be responsible in deciding the net applicable value of the Mutual Funds
6.4. You agree to provide current, complete, and accurate purchase and account information for all investment made via the Supernivesh.Com. You further agree to promptly update account and payment information, including email address, payment method, so that we can further process your transactions through the payment gateway.
7. Payment and Cancellation
7.1. Youshallpayfor the net applicable value through the available payment gateway for purchaseof mutual funds and other securities. If such payment request is not processed or accepted by the Mutual Fund Company or Assets Management Company, in such case Supernives.Com shall not be liable for such rejection.
7.2. You can place order for purchasing of Mutual Fund or other Securities through the available third party payment gateway on the Supernivesh.Com by using yourregistered bank account,the amount for the purchase of mutual funds shall be automatically debited from the registered bank account of your, and the amount shall be further transferred or credited to the respective Assets Management Company.
7.3. You agree and acknowledge that once you make or place an order or request for the purchase and sale of Mutual Funds or Other Securitythrough Supernivesh.Com, you cannot cancel or delete the such request.
7.4. You further agreeand acknowledge that you shall at all times, maintain adequate balance in the registered bank account to cover the purchased price of mutual funds or SIP (systematic investment plan) and other applicable charges for the units of mutual funds to be purchased.
7.5. If an order or purchase request for the Mutual Fund is cancelled by the concerned Mutual Fund or Assets Management Company, the deducted amount shall be credited to your bank account upon receiving the refund from the concerned Mutual Fund or Assets Management Company. Supernivesh.Com shall not at any cost be held responsible for the delay in refund or credit in the user’s bank account.
8. Data Privacy
8.1. We care about data privacy and security. By using the Supernivesh.Com, you agree to be bound by our Privacy Policy posted on ourWebsite, which is in consonance with these Terms and Conditions. If you access the Websitefrom any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Website, you are transferring your data to India, and you agree to have your data transferred to and processed in India. You may access the Privacy Policy atSupernivesh.Com.
9. Nominee Details
9.1. In accordance to the compliances and as per the regulatory norms, it is advisable to the users that on the new investment account opening, specifically related to sole/single holding, a user shall require to submit the nomination details.
9.2. New account in sole holding shall not be processed without providing nomination details. If the user is not agreed to provide nomination details while opening a new account, his/her request for the new account opening may be rejected, at the option of the Mutual Fund Company or Assets Management Company.
9.3. As per the norms a minor can be nominated as the nominee, in such case the details of guardian of such minor shall be furnished by the user.
10. Term and Termination
10.1. These Terms and Conditions shall remain in full force and effect while you use the Supernivesh.Com. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Supernivesh.Com (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the Supernivesh.Com or delete your investment account and any content or information that you posted at any time, without warning, at our sole discretion.
10.2. If we terminate or suspend your investment account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11. Modifications and Interruptions
11.1. We reserve the right to change, modify, or remove the contents and services of the Supernivesh.Com at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on Supernivesh.Com. We also reserve the right to modify or discontinue all or part of Supernivesh.Com without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Supernivesh.Com.
11.2. We cannot guarantee that our Websitewill be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you.
12. Governing Law
12.1. These Terms shall be governed by and defined following the laws of India. SuperENivesh.com – by SuperYatra Online Private Limitedand yourself irrevocably consent that the courts at Sikar shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
13. Dispute Resolution
13.1. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions brought by either you or us, the Parties agree to first attempt to negotiate any Dispute informally before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
13.2. If any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination are not solved through informal negotiations then the Arbitration proceeding shall take place and shall be resolved by the Arbitrator following the procedure mentioned in the Arbitration and Conciliation Act, 1996. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of India.
13.3. If the disputes are not resolved through informal negotiations or arbitration then such disputes shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
14. Limitation of Liability
14.1. In conjunction with the Limitation of Warranties, you expressly understand and agree that any claim against us shall be limited to the amount you paid us for the services, if any, not for investment in Mutual Funds. SuperENivesh.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using Supernivesh.Com, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
15. Indemnification
15.1. You agree to defend, indemnify, and hold Supernivesh.Com harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the website; (2) breach of these Terms and Condition; (3) any breach of your representations and warranties set forth in these Terms and Condition; (4) your violation of the rights of a third party, including but not limited to intellectual property rights.
15.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
16. Grievance Redressal & Communication
Any notices or other communications required or permitted in terms of these presents or for grievance redressal shall be deemed to have been duly served if, (a) delivered in person; or (b) sent by registered or certified mail, return receipt requested, or (c) email; and addressed as follows:
SuperENivesh.com – by SuperYatra Online Private Limited
Nakshatra, Ground Floor, In Front of Rajendra Ayurvedic Hospital, Rani Sati Road, Sikar (Raj.) - 332001
info@superenivesh.com / info@superyatra.com