Terms & Conditions

The Terms and conditions and any documents referred to herein, set out the Terms and conditions on which you are permitted to access and/or use our website www.nivesh.com and Nivesh Mobile Application (Collectively referred as Nivesh Platform or Platform or Platforms).

In addition to these Terms and conditions, your use of Nivesh Platform is also governed by the following documents:

• Our Privacy policy, which is available at Nivesh platform governing our use of your information. It briefly sets out the collection, use, transfer, repositioning, sharing and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
• Our Data security policy governs how data is collected, used, retained and managed. It outlines how Nivesh strengthens client trust with an advanced, compliance-ready security infrastructure.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms and conditions, which together with our Privacy & Data Security Policy, govern PROVIDENTIAL PLATFORMS PRIVATE LIMITED’s relationship with you. Please read the terms carefully.

The term “PROVIDENTIAL PLATFORMS PRIVATE LIMITED” (or “Providential” / “Company” / “us” / “we”) refers to the owner of the website and operator of the Nivesh Platform (web and mobile applications). The term “you” refers to the user or viewer of our website or Platform.

DEFINITIONS

• "App" means the mobile application by the name 'Nivesh' available on android, iOS or any other app stores.
• "Nivesh Platform/Platforms" means website viz. www.nivesh.com and/or mobile application namely "Nivesh" or any other digital interfaces, tools, or communication channels through which users may access various financial products, investment services, information, and related functionalities offered by Providential.
• "Group Companies" includes any company which is a holding, subsidiary, fellow subsidiary, or associate of the Company.
• "KYC" means all requirements pertaining to "Know your client" Norms and customer due diligence, with respect to User, as per the requirements prescribed by regulatory authorities from time to time.
• "Laws" means all laws, ordinance, statutes, rules, orders, decrees, injunctions, licences, permits, approvals, authorisations, consents, waivers, privileges, agreements and regulations of any Governmental authority having jurisdiction over the relevant matter as such which are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time-to-time hereafter.
• "Privacy Policy" means the privacy policy published on Nivesh Platform.
• "Terms and conditions" shall mean these Terms and conditions set out herein regarding the use of the Nivesh Platform by the User.
• "User" means any person who downloads the Application and/or a person who access the Nivesh Platform and/or a person who avails any of services, products or facilities offered through the Nivesh Platform.
• "Website" means the website hosted as 'www.nivesh.com'.

USE OF WEBSITE

You understand and accept that Providential maintains the website https://www.nivesh.com and related websites and mobile applications (collectively referred to as the “Site” or “Platform”) to provide visitors with information about Providential, its services, and products, and to facilitate communication with Providential and availing of its services.

You accept that use of the Site constitutes your acceptance and agreement to be bound by these Terms, the Privacy & Data Security Policy, and any modifications thereto as published on the Platform from time to time.

ELIGIBILITY AND ACCOUNT CREATION

By accepting the Terms and conditions, you hereby represent that:

You are of 18 (eighteen) years of age or older and are not a person barred from receiving the Platform Services under the applicable laws and are competent to enter into a binding contract. The Company reserves the right to refuse access to the Platform to new Users and any such user who has been suspended, disqualified, debarred and/or removed by the Company for any regulatory and/or statutory authority reason whatsoever shall not be entitled to avail the Services available on Nivesh Platform.

KYC AND INVESTMENT ACCOUNT

Before availing of any products or services on Nivesh Platform, the Client must complete all prescribed Know Your Customer (KYC) requirements with the KYC Registration Agency, as mandated by the SEBI KYC and CKYC guidelines and/or as per directives issued by regulatory, governmental agencies, or authorities from time to time. The KYC will be common across all services available on Nivesh.

AVAILABILITY OF NIVESH PLATFORM

We make no representations and provide no warranties that:

• Nivesh Platform will be made available at any specific time or from any specific geographical location;
• your access to Nivesh Platform will be continuous or uninterrupted; or
• Nivesh Platform will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.

We reserve the right to suspend access to all or part of the Nivesh Platform for any reason, including for business or operational reasons, such as improving the appearance or functionality of Nivesh Platform, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to Nivesh Platform for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

Changes we may make to these Terms and conditions and other documentation

• We reserve the right to update these Terms and conditions, our privacy policy, our data security policy and any other policy, process or document referred under Terms and conditions from time to time. We may change our Terms and conditions and other documentation.
• You must check these Terms and conditions and all other documentation referred to in them each time you access Nivesh Platform in order to ensure that you are aware of the terms that apply to you at that time.

YOUR ACCOUNT DETAILS / INFORMATION

• We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these "Terms and conditions" or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information. Further the account can be suspended on account of any regulatory, legal or lawful obligation prescribing or indication action on the account or on account of any obligation arising on Providential.
• If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at support@nivesh.com.

INTELLECTUAL PROPERTY & INFORMATION OWNERSHIP

You are aware and accept that all information, content, materials, products (including text, photographs, graphics, video, and audio content) on the website are protected by copyright and intellectual property laws and are owned by Providential or third parties under valid licences.

All information submitted by you through the Site other than personal data shall be deemed the property of Providential, and Providential shall be free to use any ideas, concepts, know-how, or techniques provided by you, in any manner whatsoever.

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

CONTACT & COMMUNICATION

On initiating contact through the Site, you agree to be contacted by Providential or entities with whom Providential has entered into arrangements, strictly for lawful and permitted purposes as described in the Privacy & Data Security Policy.

USER RESTRICTIONS

You agree that you shall not copy, reproduce, sell, redistribute, publish, modify, transmit, license, or exploit any content of the Platform except for personal, non-commercial use. You also agree not to use the Platform for any unlawful purpose or in a manner that could damage, disable, or impair the Platform or interfere with any other party’s use, legal rights or enjoyment of website.

You acknowledge that the software and hardware underlying the Site as well as other Internet related software which are required for accessing the website are the legal property of the respective Vendors. The permission given by Providential to access the website will not convey any proprietary or ownership rights in the above software/hardware. You agree that you shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying the website or create any derivative product based on the software/hardware. You understand that the data and information provided on the Website does not constitute advice and shall not be relied upon by you while making investment decisions.

THIRD-PARTY LINKS

• Links to third party content or Platforms may appear on Nivesh Platform from time to time. We are not responsible and completely deny all sorts of obligations and liabilities with respect to the content or product/services on any such Platforms accessible via any link(s) on Nivesh Platform. All content on third party Platforms is outside of our control, and we do not represent or warrant that such content, accuracy, opinions expressed, and other links provided by these sites are verified, monitored or endorsed by Providential in any way.
• Any third-party Platform accessible via a link on Nivesh Platform may collect and process your information. We are not responsible for any data-processing activities carried out by any third-party Platform which is linked to/from Nivesh Platform, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their Platform and its features.
• You understand and accept that not all the products and services offered on this website are available in all geographic areas and you may not be eligible for all the products or services offered by Providential on the Site. Providential reserves the right to determine the availability and eligibility for any product or service.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

• To the maximum extent permitted under applicable law, Providential (including its affiliates, directors, officers, employees and agents) shall not be liable for any loss, damage, cost, expense, liability or claim (whether direct or indirect), arising out of or in connection with:
  1. use of the platform/services;
  2. any act, omission, delay or failure of any mutual fund, asset management company (AMC), registrar and transfer agent (RTA), stock exchange or other third-party service provider;
  3. any system failure, network disruption, data corruption, virus attack or technological malfunction;
  4. any inability to access or use the platform, including interruption, suspension or withdrawal of services;
  5. reliance on any information, communication or material provided, which shall not be construed as investment advice.
• In no event shall Providential be liable for any indirect, incidental, consequential, special or punitive damages, including loss of profits, revenue, business, opportunity, goodwill, anticipated savings or data, even if advised of the possibility of such damages.
• You acknowledge and agree that:
  1. all investment decisions are made at your sole discretion and risk;
  2. you have the necessary knowledge and understanding of the risks involved;
  3. you are responsible for maintaining confidentiality of your account credentials and for all activities carried out through your account;
  4. Providential is not obligated to verify compliance with your investment restrictions unless expressly agreed.
• Providential shall not be liable for any delay, failure or refusal by any mutual fund, AMC, RTA or exchange in processing transactions, allotting or redeeming units, transferring units, or making payments, and you agree to hold Providential harmless from any claims arising therefrom, except where such loss is attributable to Providential’s gross negligence or wilful misconduct.

MUTUAL FUNDS LIABILITY EXCLUSION

Providential does not in any manner:

• Guarantee payments on any units; or
• Guarantee liquidity of any units; or
• Make any offer to buy back any units; or
• Guarantees the redemption or repayment of any units on maturity; or
• Guarantees the payments of interest or dividend; or
• Promise, indicate or guarantee any returns; or
• Guarantee any good delivery; or
• Subscribe to units of mutual funds on behalf or in name of user or collects payments from user for the units so purchased by user for remitting it further to the AMCs; or
• Receive any account statement from mutual funds/AMCs, on behalf of or in the users name pertaining to the units; or
• Redeem /sell the units held by user or on its behalf or in its name; or
• Unilaterally instruct the mutual fund and/or the corresponding AMCs with regards to nomination/changes in investments plan/any other changes; or
• Sign any document on behalf of or in the name of user for purchase, sale or redemption of units; or
• Collect, receive and / or give receipts and discharges for any sum including dividend, interest or income arising from the units and does not sign and/or endorse dividend and interest warrants on my/our behalf or in my/our name; or
• Correspond with or gives notice to the mutual fund/AMCs on behalf of or in the name of user, except for transmission of transactions done or purported to be done by user on the online technology platform.

Any sum invested through Providential registered account is not a deposit with Providential and is not bank insured. The same is not endorsed or guaranteed and does not constitute obligations of Providential or any of the subsidiaries associates or affiliates companies whose role is only as described in the Terms & Conditions.

Investments in mutual funds are subject to market risks, including the possible loss of principal amount invested. The value of the units purchased or not purchased will fluctuate. If you redeem the units/shares purchased, you may receive more or less than what you have/had paid depending upon NAV of the units in the fund or trust at the time of redemption. Past results are not a guarantee to future performance. Past performance may or may not be sustained in the future.

Providential shall not be liable for any loss or damage caused by reason of failures or delay of the mutual fund to deliver any units purchased even though payments have been made for the same, or failure or delay in making payment in respect of any units sold, though they may have been delivered and you shall hold Providential harmless and free from any claim in respect thereof.

Providential shall also not be liable for any delay, failure or refusal of the mutual fund in registering or transferring units to your names or for any interest, dividend or other loss caused to you arising therefrom. In instances of third-party claims, Providential shall not be liable for any failure/delay, wherein such claims/losses are arising due to a reason entirely attributable to an error or gross negligence of the mutual funds/BSE/AMC/RTA.

INDEMNIFICATION

You (and also any third party for or on behalf of whom you operate an account or activity on Nivesh Platform) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on Nivesh Platform or those conducted on your behalf):

1. your uploads, access to or use of the Nivesh Platform;
2. your breach or alleged breach of these Terms and conditions or any document referred herein;
3. your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
4. your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
5. any misrepresentation made by you.
6. You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

FORCE MAJEURE EVENT

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

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

COMMISSION DISCLOSURE

As per applicable SEBI circular and applicable AMFI guidelines, commission disclosures are available in scheme-related documents on the Platform.

Distributors should disclose all the commissions (including in the form of trail commission or any other mode) payable to them for different competing schemes of various mutual funds from among which a scheme is recommended to the client. You are requested to refer to the scheme details section on our mobile application and web portal while doing transaction to know the commission structures of the scheme.

GRIEVANCE REDRESSAL

We request you to please provide the following information in your complaint:

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

GOVERNING LAW & JURISDICTION

All disputes will be governed by the laws of India. In the event of dispute between You and Nivesh on accuracy of transaction details provided by you on the Nivesh platform, the transaction logs maintained by Nivesh back office will be the only source of data to verify the accuracy of such transactions. You understand and agree that these terms are in addition to, and not in derogation of, the applicable terms and conditions relating to your usage of any Providential services that you may be currently availing or may avail in the future.

These Terms shall be governed by the laws of India. Courts situated at Gautam Buddha Nagar, Noida, Uttar Pradesh shall have exclusive jurisdiction.

CONTINUED APPLICABILITY

These Terms are in addition to, and not in derogation of, any other terms applicable to services you may avail from Providential now or in the future.